Terms & Conditions

Last updated: October 01, 2020

These Terms of Use set out the terms and conditions under which individuals may use the website or mobile applications and access the services offered by MF Homecare. These Terms of Use comprise a legal agreement between MF Homecare and you, the person accessing and using the website or mobile applications (“You” or “User”). MF Homecare owns, operates and maintains the mfhomecare.com website at https://mfhomecare.com, (referred to as “Website”), and the MF Homecare mobile applications (“App”), Website and App collectively referred to as the “Platform”. By downloading, accessing and/or using the Platform, you are deemed to have read Terms of Use and you agree to be bound by the Terms of Use which shall govern your access and use of the Platform and all applicable laws and regulations.

IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE SET OUT BELOW, YOU MAY NOT ACCESS OR USE THE WEBSITE OR APP, SHOULD NOT CLICK TO ACCEPT THESE TERMS AND SHOULD NOT PROCEED ANY FURTHER.

Description of Services

MF Homecare offers online services to match individuals and families with various caregivers and companions (referred to as “Services”). MF Homecare’s Services allows individuals providing care services (“Caregivers”) to post information profiles on the Website to facilitate matching with those Users who are seeking services (“Clients”). MF Homecare’s Services facilitate the matching of Clients and Caregivers by providing search functions to allow Clients to find the appropriate Caregiver based on their preferences and needs. MF Homecare’s Service also involves providing a platform to facilitate the initial and ongoing communication between Clients and Caregivers (“Messaging Platform”). Through the Messaging Platform, Users can engage with one another without disclosure of their e-mail or phone number. MF Homecare reserves the right to re-post a User’s Service advertisement on external third-party websites for the purposes of ensuring exposure of the User’s request and/or provision of Services. Any such re-posting on an external third-party website will not include Personal Information (as defined below) of the Users. Caregivers are all independent contractors and have not been, are not, and never will be in an employment relationship with MF Homecare. MF Homecare is not a party to the relationship between the Client and Caregiver. MF Homecare shall not, in any way, be liable to a Client or Caregiver or any other third party, with respect to any matter or issue arising, either directly or indirectly from such employment or independent contractor agreement between the Client and Caregiver. MF Homecare does not verify, review, evaluate, interview, screen or perform any background checks on any of its Users or the content posted by the User on the Platform, including, without limiting the generality of the foregoing, any health, education or experiential history, other than requiring each Caregiver to register with and obtain from a third party service, a Criminal Record Verification. MF Homecare makes no representation or warranty whatsoever as to the veracity or results of such Criminal Record Verification. You assume all risks associated with dealing with other persons whom you come in contact with through the Services of MF Homecare’s Platform. Please refer to the Website regularly for further information about the Services provided.

Application Use

MF Homecare grants you the right to use the App for your personal use. You must comply with all applicable laws and third party terms of agreement when using the App (e.g. your wireless data service agreement). Your use of the App is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the App. You acknowledge and agree that the App may not contain the same functionality available on the Website. We cannot guarantee the continuous, uninterrupted or error-free operation of the App or that the App will perform at a certain speed, as this depends on a number of factors beyond our control. You agree that downloading, accessing and use of the App is made available to you on an “as is” and “as available” basis for use at your sole risk.

Eligibility Criteria

To be eligible to use the Services offered by MF Homecare, you represent and warrant as follows: that you are eighteen (18) years of age or older on the date of creation of your User Account; if you are registering as Caregiver, that you are legally permitted to work in the jurisdiction where you are seeking employment; you do not have any health condition which is transmissible to Clients and which could adversely affect your provision of Services to Clients; neither you nor any member of your household have ever been the subject of a complaint, restraining order or any other legal action or criminal offence involving violence, abuse, neglect, fraud, or any other offence that involves endangering the safety of others, and that you are not registered or currently required to register as a sex offender with any government agency in any jurisdiction. In addition, you irrevocably and unconditionally consent to the use of, and participation in the use of the MF Homecare GPS Tracking Tool for the purpose of the provision of Services.

User Accounts & Passwords

To access and use certain features of the Website, you will need to create a profile through the Website (“User Account”). As part of the process to create, register and maintain your User Account you must provide MF Homecare with certain current, complete, and accurate registration information, including your name, e-mail address, age, address, postal code/ZIP code, and phone number, and other data or information that has been requested by MF Homecare during the User account registration or renewal process (“Registration Data”). If you are enrolling as a Caregiver and/or Companion, additional information, including your bank account details will be collected and your funds will be automatically transferred to your bank account as per information in section 12 of these Terms of Use. In these Terms of Use, “Personal Information” means any information about an identifiable individual, such as your name, e-mail address, mailing addresses, gender, date of birth, any data about you that you elect to provide electronically through the Platform and any other information that identifies who you are. Registration Data and Personal Information will be used by MF Homecare solely in accordance with these Terms of Use and Company’s Privacy Policy (the “Privacy Policy”). In addition, if you are accessing MF Homecare’s Services through the App, you hereby grant permission to MF Homecare and to Clients to whom you provide Services to access your location through your mobile device. Access to and use of your location information is consistent with the terms of our Privacy Policy. You agree that you will: maintain and update such Registration Data as necessary in order to keep such information current, complete, and accurate; maintain the confidentiality of any passwords or other account identifiers which you choose or that are assigned to you as a result of any registration or account creation with the Platform; and be responsible for all activities that occur under such password or account. Further, you agree to immediately notify MF Homecare of any unauthorized use of your password or account in the event that the confidentiality of your password or your account is compromised. Failure to comply with this paragraph may result in immediate termination of your account.

User Account Fees, Term & Renewal

Caregivers & Companions

MF Homecare charges Caregivers a fee for managing their online payments, as well as the fees charged by third parties, payment processors and direct deposits. This fee is deducted from the payment made regularly to the Caregivers/Companions bank accounts.

Clients

MF Homecare adds a percentage fee to the Caregivers hourly rate, for managing the entire Client – Caregiver system. Payment is made when or subsequently to a Client making a booking for MF Homecare’s Services.

Users agree with the fees charged by MF Homecare Services, which are considered final payments.

Personal Information

Content & Use of Services

As a Client, Caregiver or any other User of the Services, you agree that the content of information and materials posted on the Website or App by You is accurate, current and complete. In addition, you represent and warrant as follows:

You have the right and authority to post all information you post about yourself or others.

You will not provide inaccurate, misleading, defamatory or false information to MF Homecare or to any other User of the Website or App.

You will not post any content (including, but not limited to, written material, text, photos, or graphical content) on the Website, or transmit to other users, that is defamatory, inaccurate, inappropriate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act.

Your use of the Website, App and Services provided by MF Homecare are in accordance with any and all applicable laws and regulations.

Use License

MF Homecare hereby grants you a limited, non-exclusive, personal, non-transferable, non-sub-licensable and revocable right and license to access the Platform for the purpose of offering and/or receiving the Services in accordance with these Terms of Use and access, view and print any information and documentation made available on the Website or App, for your personal, non-commercial and informational use only to assist you in the access and use of the Website or App and the services.

These Terms of Use do not grant you any other right or license, whether express or implied, by estoppel, or otherwise in or under any patent, trademark, copyright, or other intellectual property or proprietary right of MF Homecare or any third party. MF Homecare may terminate this license at any time for any reason whatsoever.

Caregiver Accounts

We provide each caregiver with their own account. We charge a small percentage to manage and do direct deposit into their bank account. The rate may vary due to changing rates and banking fees.

Intellectual Property

The Platform and all intellectual property rights in the Platform are owned by MF Homecare.

MF Homecare reserves all intellectual property rights, including but not limited to, copyright, trade-marks, domain names, design rights, brand elements, database rights, patents, and all other intellectual property rights of any kind, whether registered or unregistered.

Trade-marks

All brand elements, company name, website names, logos, registered and unregistered trade-marks displayed on the Platform or used in connection with the Services are the trade-marks of MF Homecare (or its suppliers, partner businesses or third party licensors). Any use or misuse of any trade-marks or brand elements of MF Homecare or any other content appearing on the Platform or in connection with the Services except as provided in these Terms of Use or with the express written consent of MF Homecare is strictly prohibited. Nothing contained on the Platform shall be construed as an express or implied grant of any license or right to use any trade-mark or brand element without prior written consent of MF Homecare.

Use Restrictions

In addition to complying with these Terms of Use, you agree to use the Platform and Services for lawful purposes only and in a manner consistent with all applicable local, national or international laws and regulations, including all privacy and personal information laws.

Termination of Registration

MF Homecare reserves the right, in its sole discretion, to terminate your account or access to part or all of MF Homecare’s Website, App and/or Services in the event that MF Homecare determines you are not eligible to use the Services or have violated any of the provisions of the Terms of Use, or have misused the Website, App or Services in any way.

Limitation of Liability

You acknowledge that any use of or reliance on this website or the services is completely at your own risk. under no circumstances shall mf homecare be liable to you or to any other party, for any losses, costs or damages of any kind or nature whatsoever that are suffered or incurred in any connection with the use of (or the inability to use) the platform, services, or any mf homecare content or third party content (regardless of the form of action or theory of liability, including for breach of contract, tort, negligence, equity, strict liability, by statute or otherwise and regardless of the occurrence of a fundamental breach or failure of essential purpose). mf homecare’s services facilitate the matching of clients and caregivers by providing search functions to allow clients to find the appropriate caregiver based on their preferences, needs, and location. mf homecare is not a party to the relationship between client and caregiver, and shall not, in any way, be liable to a client or caregiver or any other third party, arising, either directly or indirectly from such employment or independent contractor agreement between the parties. in no event whatsoever shall any of mf homecare, its directors, officers, employees, shareholders, affiliates, agents and third-party contractors, suppliers and licensors (collectively the “company parties”) be liable for any special, exemplary, punitive, consequential, incidental or indirect damages of any kind or nature whatsoever that are suffered or incurred in any connection with the use of platform or the provision of the services (including in any connection with the transmission or downloading or storage of any data or submissions to or from the platform or the use of, or reliance on, any mf homecare content or other information or data contained on or provided through the platform, or services, or loss of or damage to files or data or any costs of recovering or reproducing any files or data or loss of use or lack of availability of services or any business interruption or loss of revenue or profit or any other economic loss whatsoever) however caused and regardless of the form or cause of action and whether or not foreseeable, even if the mf homecare parties or any of them has been informed in advance or ought reasonably to have known of the potential for such damages.

Indemnification

You agree to indemnify and hold MF Homecare, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of the Users use of or conduct respecting the Services, and Platform.

Language

It is the express will of MF Homecare that these Terms of Use and all related documents on the Platform are in English.

Non-assignment

These Terms of Use are not assignable, transferable, or to be sub-licensed by you except with MF Homecare’s prior written consent. MF Homecare may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

Modifications of Terms of Use

MF Homecare may revise these Terms of Use at any time without notice. By using the Platform, you are agreeing to be bound by the current version of the Terms of Use and Privacy Policy (last updated date listed at the top of the Terms of Use). The content and material appearing on the Platform could include technical, typographical or photographic errors. MF Homecare does not warrant that any of the materials provided are accurate or current.

Links to External Websites

The links on the Platform to other websites or resources, including those operated by parties other than MF Homecare are provided for your convenience. MF Homecare is not responsible for the availability of such websites or resources and does not endorse or accept responsibility for the content of such external websites or resources and has no responsibility for or control over the terms of service or privacy policy (if any) of the operators of the external websites or resources. Your access and viewing of any third party websites or resources is conducted at your own risk.

Website, App & Services Provided “As Is”

you understand and agree that the platform, the services, any content and other information, data and materials available on the website, app or provided as part of the services are provided on an “as is” and “as available” basis.

Contact Us

If you have any questions about the Terms of Use, or need to provide notice to, or communicate with, MF Homecare under the Term of Use, please do not hesitate to contact us by email at:

info@mfhomecare.com