On behalf of Hearts Kind, our staff and all self-employed carers, we welcome you, your family and your friends. we hope that you will be happy with us at Hearts Kind and will continue to enjoy being supported by professional team and fully trained and experienced cares.
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Hearts Kind Care (Terms & Conditions)
Terms - The terms and conditions of using our website together with documents of using the website are available on www.heartskind.comTo use our site as a guest or as a registered member, please read these terms of use very carefully before you start using the site as those will apply to your use of our site. By using our site you confirm that you agree to the terms of use and comply with it.
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Information about Hearts Kind
The full company name is Hearts Kind and the registration company number is 12397070.
Our trading address is 29 Kingsley Avenue Cheshunt Hertfordshire EN8 9PU
Hearts Kind is a platform for connecting people who are looking to engage self-employed professional home care carers to provide In home care, hourly care over night care and living-care and is not registered by the Care Quality Commission (CQC) We are a group aspired by the fundamental standard of the Care Quality Commission and expect all our employees, sub-contractors, suppliers and approved carers to equally aspire to meet these standards.
Hearts Kind is an Introductory Care Agency which currently operates in Hertfordshire, Essex, Sussex.We are passionate about supporting all care recipients and carers engaging with each other.
Our Site
Is the website operated by the company and currently located account holder at www.heartskind.com and this may be updated, relocated or otherwise modified from time to time, and includes any and all information, text ,images and other materials and content appearing on or incorporated into the website.
Access to our Site
Those are made available free of charge. Can have access to downloadable software, mobile applications, tablet or computer applications (App users). Can use emailing ,messaging that we communicate with care recipients and cares, whether on-line or off-line, owned or operated by the Company. Access to our site is permitted on temporary basis and we do not guarantee that our website, or any contents on it will always be available or uninterrupted . We may suspend, withdraw or change all or any parts of our site without notice, and we will not be liable to you if for any reason our site is unavailable.
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You are responsible to make all arrangements necessary for you to have access to our site. You also are responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
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Account Holder
Is the individual using the Hearts Kind platform to search or advertise for home care, engage with a carer/s and enter into a service with carer/s. If you chose to register on our site, you will be provided with a identification code, password or any other Information as part of our security procedures and you must treat this in a very confidential manner. You must not disclose to any third party at any time. We have the right to disable your identification code or password at any time, whether chosen by you or given to you by us, if you are failing to comply with any of our terms of use. If you suspect that anyone other then you or other person you gave access to your identification code or password, you must notify us as promptly as possible.
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Hearts Kind Platform
Is a cloud and app-based healthcare tech introductory platform for health and social care provided via the Hearts Kind platform.
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Hearts Kind is connecting people who are looking to engage self-employed Home care workers to provide in-home, hourly care, overnight care, live-in care.
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Hearts Kind provide online platform for approved self-employed care workers to connect with the account holder/care recipient and to communicate and arrange home care service agreements between one another.
This is facilitated through providing services such as:
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Searching online database of self-employed approved carers
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Jobs board where account holders can post details of a job opportunities
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Communication tools (including mobile applications) to facilitate interaction between care workers and account holder also between care workers and fellow care workers.
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Payment system to enable transactions between care recipients and Hearts Kind's carer
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Monitoring tools for account holder /care recipients to monitor care activity and review carers
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Feedback tools (including those controlled by approved parties)on care quality and carer review
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Mobile apps for carers and account holders/to enable easy and secure communications.
Service Agreement
Is the initial agreement generated between the carer and the account holder on the platform- it is the basic contract between the care worker and the account holder.
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Carer, Care worker, Personal Assistant
Are the terms used to describe approved care worker on the Hearts Kind platform.
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Care recipient
Means an individual that is receiving care via the Hearts Kind platform. The account holder and the care recipient can be the same person.
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Placement fee
Means the fee that Hearts Kind is charging any account holder that makes an offer to employ a carer directly of the Hearts Kind's platform
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Invoice
Is the regular invoice created by Hearts Kind or Care worker via the platform for the approval of and payment by the account holder. All invoices and payments are performed throughout a secure system on our website.
Fees/ legal contract
When you make a placement booking, the Company will help facilitate the transaction by providing a mechanism for paying amounts due in connection with each placement.
Fees for placements are non-refundable (unless at least 48 hours notice of cancellation has been provided) and will be charged to you in accordance with the Company`s pricing schedule in force at the time a placement is required, which the company may update from time to time on a going-forward basis. You may also be informed by Hearts Kind of any changes made to the amount or basis of any payments due by you from time to time.
The Company will charge you for the placement through the payment method specified in your account (credit card or debit card).
You agree to provide the Company updated information regarding your credit card or debit card upon the Company`s request and any time the information earlier provided is no longer valid.
You agree with your carer to receive invoices on weekly or monthly via the platform depending on what payment terms you have agreed with the care worker.
You must negotiate with the self-employed carer regarding any time off for holidays set up on the service agreement terms and conditions.
Where a self-employed carer is not completing the shift due to illness or any other reasons then is the carer responsibility to cancel and reissue a correct invoice that reflect on the hours or days actually worked. Hearts Kind can offer no intervention regarding perceived non-compliance with the service agreement except returning the funds for non-completed work but paid.
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Messaging
When you sign up for the service the company may need to send you a messages i order to confirm your phone number and keep you updated in relation to your placement. Some of those messages may be necessary for the fulfilment of the service. Depending on your phone network and plan sometimes you may have fees charge for the messages and you must agree and not holding the Company liable for those fees charged by your phone provider.
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Feedback
Is important and you may wish to provide the Company with information and feedback regarding your performance of the Service, including reports of failures, errors or other malfunction you encounter on the Service along with any other associated errors.
All feedback received by Hearts Kind will be welcomed and those be used to improve the Service.
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Privacy
Your privacy is always respected and be taken very seriously. for details of how we use your personal data please refer to DATA PROTECTION. To ensure we have your up to date personal data, you agree to provide us with all updates to personal data we hold about you.
Company Property
Your rights with respect to the Service are limited to those rights expressly granted in therms of service.
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off copy, or may download any page from our website for your personal use and you may draw the attention of others within your organisation to content posted on our website.
You must not modify the paper or digital copies of any materials you have printed of or downloaded in any way. You must not use any imaging, photos or videos or any graphics separately from any accompanying texts.
You must not use any of our site contents for commercial purposes without obtaining a licence to do so from us or our licensor.
If you print off copy or download any parts of our sites in breach of those terms of use, your right to use our website will automatically be terminated . You also agree that we may, at any time and without notice to you, suspend or revoke access to and use of Service without having any reason to do so. We determine in our sole discretion that such action is reasonable in order to comply with the legal requirements or to protect the rights or interests of the Company or third party.
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Cancellation of the Service
If you any of the parties are not happy with the performance of the Service and wish to cancel the Service, a minimum of 7 day`s notice of cancellation is required. Notification by the Care recipient/Account holder must be sent by email to flojordan@heartskind.com or you may want to call us on 01992 415252
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Use of the Service and the Risk you Taking
You will understand and agree that your use of the Services is at your own risk and that the service is provided as it is and when available.The company excludes all warranties and conditions , whether implied by statute, common law or otherwise and including any warranty as to fitness for purpose and satisfactory quality, to the maximum extent permitted by law.
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Using Hearts Kind's Service to perform a Placement , you will understand and acknowledge that no one at Hearts Kind has the authority to make any changes to those terms and that any statements, representations, or warranties made by Hearts Kind or third party are disclaimed by the Company and do not expand or otherwise or modify those terms.
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Limitation of our Liability
Nothing on those terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by the law. To the extend permitted by law, we exclude all conditions, warranties, representations or other terms and condition that may apply to our site or any content on it.
We will not be liable to any use for any loss of profits and other consequential losses. We will not be liable for any damage, whether in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the fees paid by you to the Company in the last six months under those Terms and Conditions.
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Neither party shall be liable to the other party in contract, tort, negligence, breach of statutory duty nor otherwise for any loss, damage, cost or expenses of any nature whatsoever incurred or suffered by that other Party of any indirect or consequential nature including without limitation any economic loss or other of turnover, profits, business or goodwill. The limitations or damages set forth above are fundamental elements of the basic of the bargain between the company and you.
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Applicable Law
The terms, whether interpreted in a court of law or in arbitration, shall be governed by the law of England and Wales as they apply to agreements entered into and to be performed entirely within England and Wales by UK residents, and without regard to conflict of law principles. To the extent that any lawsuit or court proceedings is permitted hereunder, you and Company agree to submit to the personal and exclusive jurisdiction of the court located within England and Wales for the purpose of litigating all such climes or disputes .
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Contact Information
If you have any questions about the Term of Service or the Service please contact us by email at flojordan@heartskind.com or phone call at 01992 934604
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