Pear Health Terms and Conditions of Service for Customers

 

Parties to this Agreement

Great Concept Ventures Limited(“Pear Health” “we” “us” or “our”) is pleased to make the Services, as described below, available to You on the following terms and conditions. These Terms and Conditions of Services (referred to as “Agreement”) are a legal contract between an individual using the Services (“You” “Customer” or “Care Recipient”) and Pear Health.

DEFINITIONS

Agreement means this Agreement, including  these terms and conditions, Terms of Use of the Pear Health Platform, and Pear Health Privacy Policy as updated from time to time

Booking Fee: portion of Placement Rate retained by Pear Health, equivalent to the difference between Placement Rate and Services Fee

Care Appraisal or Care Assessment means the document containing information completed by the Customer for and on behalf of the Care Recipient, detailing the level of care support required from ICP, and Care Recipient’s medical conditions, medication and any other needs reflected in the provision of care by ICP on the Placement

Care Plan means the plan of Placement care to be provided by the ICP during the Placement, and to be agreed between the ICP, Customer and Care Recipient

Care Recipient means the recipient of care on any Placement

Customer means someone who accesses the Pear Health Platform to engage with ICPs to attend a Placement

Pear Health means Pear Health Technologies Limited

Pear Health Platform means the web-based and mobile application-based portal through which Customers may connect with ICPs to arrange a Placement

Effective Date of Termination means fourteen (14) days after the Termination Notice has been served on the receiving Party, or such other date as provided for in this Agreement

Feedback means information requested from the Customer by Pear Health regarding the provision of the Services

Fees means the ICP Placement Rate due by You to Pear Health

ICP means Independent Care Provider, someone who provides the care during a Placement

Live in Care means a Placement where an ICP resides with the Customer or Care Recipient for the duration of the Placement

Live out Care means a Placement where the ICP resides elsewhere, other than the Customer or the Care Recipient’s home, for the duration of the Placement

Notice means all notices, requests, consents, claims, demands, waivers and other communications included in this Agreement

Notice Period means fourteen (14) days for both Parties, unless material breach of this Agreement

Personal Data means any information relating to an identified or identifiable natural person

Placement means in-home care provided by ICPs

Placement Rate: the money paid by Customer to Pear Health for the ICP’s performance of Placement

Privacy Policy means the document published on the Site and updated from time to time

Pear Health Hub means Pear Health’s ICP mobile application

Site means the website operated by Pear Health and currently located at www.pear-healthcare.com, as it 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 that website. 

Services means access to the Site or any other website, networks, embeddable widgets, downloadable software, mobile applications including tablet computer applications (each ‘App’), features, messages such as emails that we may send You, and any other Services, whether online or offline, owned or operated for or on behalf of Pear Health from time to time

Services Fee means the fee to which ICP becomes entitled upon completion of any Placement

Terms means these terms and conditions, this Agreement, and any Pear Health terms and conditions as updated from time to time on Pear Health’s Site, or other platforms which govern Your use of the Services

You means You, the Customer, contracting with Pear Health and providing  the care on any Placement

By accessing or using the Services, You agree and confirm:

• that You have read, understood, and agree to be bound by this Agreement and any  Pear Health Terms and Conditions of Services (the “Terms” or “Terms and Conditions of Services”) as updated from time to time on the Site or other platforms, which govern Your use of the Services. 

• that You will only use the App and the Services only as set forth in this Agreement;

• acknowledge that You have read and understood the content of our privacy policy (available at: https://www.pear-healthcare.com/privacy), as updated from time to time;

• that You have the authority to act on behalf of any Care recipient, if You are not the Care recipient, either by way of stated written consent from the Care Recipient, or power of attorney, or by other relevant and current Court order;

• that You will do nothing to induce, entice or procure any ICP to work for You or the Care Recipient directly or indirectly as a result of any Placement, either before, during or after the Placement has been undertaken by ICP. If You do so engage the ICP, You agree to pay Pear Health a sum not exceeding six (6) months’ payments of Placement Rate applicable to that Placement undertaken by that ICP.

1. Terms Governing Services Use

Your access to and use of the Services is expressly conditional on Your agreement to, and compliance with, this Agreement. You agree that by browsing, clicking in, or accessing the Pear Health Site in any way, that You have read these Terms and Conditions, and agree to be bound by them.

2. The Pear Health Services

2.1: Pear Health Services is a platform for connecting persons who are looking to engage self-employed independent care professionals (ICPs) to provide in-home care (each a “Placement”), and ICPs who are part of Pear Health’s network ICPs who may be available to perform such Placement. Pear Health checks the backgrounds of each ICP via third party background check Services; however, Pear Health does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such ICPs. It is the sole responsibility of each ICP, and not Pear Health, to determine whether they are qualified and capable of completing a particular Placement. It is the sole responsibility of each Customer to ensure that they are satisfied with the suitability, qualifications and capability of each ICP for each Placement, including checking any ICP’s Right to Work documentation which will be made available to You on request by Pear Health. When You book a Placement or deal with an ICP, You should ensure that You agree to use common sense and caution to ensure protection of personal property and safety, including by supervising ICPs as You would supervise anyone who provided a Services to You that You did not know. 

During any Placement, the ICP works directly for You.

LIVE-IN CARE
2.2: Live-in ICPs have various rights pursuant to the law, and You hereby agree to provide each ICP :

2.2.1: a minimum break of 2 hours per day within daylight hours. At the request of the ICP, it is permissible for these breaks to be banked to provide a longer individual break but the minimum duration is 14 hours over 7 days; and

2.2.2: sanitary living conditions must  include (i) a separate bedroom and suitable bathing and toilet facilities; (ii) clean bedding and (iii) provision of ample food. In respect of (iii), we recommend a minimum sum of £40 per week for the cost of the ICP’s food.

LIVE-OUT CARE
2.3 Live-out ICPs: You and each Live-out ICP will be responsible for agreeing hours and duties directly on any placement, and Live-out ICPs may not be entitled to any breaks or other accommodation within the Placement.

3. Fees

3.1 When You make a Placement booking, Pear Health will help facilitate the Placement by providing an account mechanism for paying ICP Placement fees (“Fees”). Fees are non-refundable (unless You provide Pear Health with a minimum of 48 hours’ notice before the Placement is due to start) and will be charged to You in accordance with Pear Health’s pricing schedule, which Pear Health may update from time to time.
You may also be informed by Pear Health of any changes made to the amount or basis of any payments due by You from time to time. You are liable for any and all taxes (other than taxes based on Pear Health’s income) related to the Placement performed by ICPs, apart from ICP’s own income tax accountability which is met directly by each ICP.

3.2 Pear Health will charge You for Placements through the payment method specified in Your account (e.g. a credit card or debit card). If You pay any applicable Fees with a credit card, Pear Health may seek pre-authorisation of Your credit card account prior to the Placement starting to verify that the credit card is valid and has the necessary funds or credit available to cover Your requested Placement. 

3.3 You agree to Pear Health authorising any designated credit card, or debit card or other payment method or account to pay any Fees described herein, and authorise Pear Health to charge all sums due at any time to that designated account. You agree to provide Pear Health as soon as possible with updated information regarding Your designated credit card and account or upon Pear Health’s request and any time the information earlier provided is no longer valid.

3.4 You are responsible for ensuring all billing and contact details are up to date to ensure invoices sent by Pear Health are accurate,  and payments received by Pear Health are on time, with no delay.

3.5 Pear Health reserves the right to charge You an additional administration fee of £25 if the payment details You have provided become out of date, and You have not provided Pear Health with new payment details within 5 working days, or immediately upon request by Pear Health.

3.6 You agree that You will pay all and any invoices received from Pear Health within 7 days after receipt of any invoice.

3.7 If, within a period of 6 months after Pear Health has introduced an ICP to You, You decide to engage that ICP directly, Pear Health reserves the right to charge You a fee reflecting (but not exceeding) the total payment of  6 months of care provided by the ICP through the Pear Health platform will become due and payable by You to Pear Health immediately upon receipt of invoice.

4. SMS and other Messaging or Emailing

4.1 When You sign up for the Services, You agree that Pear Health may send You SMS Messages in order to confirm Your phone number or keep You informed about Your Placement and the Services the ICP may be performing for You. Depending on Your current phone carrier plan, You may incur Fees for these SMS Messages, and agree to not hold the Company liable for any Fees incurred.

4.2 You also agree that Pear Health may send You emails and other electronic messages by any other means to keep You up to date on the Placement and ICP, including indicating when Pear Health has been informed that an ICP will not be able to attend any Placement.

4.3 You may at any stage opt out of receiving emails, SMS and other messages. Please note that by doing so, this may have an effect on the Services You receive from Pear Health: if You wish to opt out, please do so by contacting support@pear-healthcare.com

5. Feedback

5.1 As and when requested to do so, You agree to provide Pear Health with any information requested by Pear Health regarding the provision of the Services, including reports of failures, errors, or other malfunctions You encounter on the Services along with any associated error messages (the “Feedback”). 

5.2 Feedback provided to Pear Health may be used by Pear Health to improve the Services in any way Pear Health chooses, including sharing the Feedback with other third parties and associates or affiliates of Pear Health, without limitation. 

5.3 In addition, You agree to provide Pear Health with a complete Care Appraisal at the beginning of the Placement, in order to allow Pear Health to identify prospective ICPs, and to ensure current Placements can be undertaken. 

5.4 You agree to update the Care Appraisal on a regular basis, dependent on Your care needs, and at a minimum on a 4 weekly basis.  Your ICP may from time to time request that You update the Care Appraisal to reflect the Care Recipient’s needs. 

5.5 You agree to Pear Health using any Feedback You provide for reports, marketing or advertising purposes, which Feedback shall only be used in an anonymous form, unless your specific agreement has been sought to do otherwise.

6. Privacy

We take Your privacy seriously. For details about how Pear Health uses Your personal data please refer to: https://www.pear-healthcare.com/privacy/. To ensure We have Your most up to date personal data, You agree to provide us with regular updates to any personal data we hold about You.

7. Notifications 

7.1 We may provide notices to You either by posting them on the Site or by email or by other delivery Services to the address You provided when You registered for an account. All notices are effective upon posting or when sent. 

7.2 Additionally, we may modify these Terms and/or our Privacy Policy at any time by posting the modified version on the Site or by sending You a copy by email. Please check the Terms periodically for any changes. By continuing to access or use the Services after we have made any such modifications, You agree to be bound by these modified Terms of Services or Privacy Policy (as applicable), which become effective immediately upon being posted to the Site. 

8. Insurance

9.1 It is for You to ensure that Your household and motor insurance provide sufficient cover for You and the ICP during any Placement. 

9.2 It is for You to ensure that any ICP attending the Placement has the correct and any additional insurance as required by You.

9.3 Pear Health has a £5,000,000 public liability policy with Camberford Law PLC (the “Policy”). The Policy covers each ICP only for any accidental damage which may occur when they are in Your property. The Policy includes a £500 excess in relation to any claim for accidental damage to property and this will be for You to pay, if any claim is made. 

9. General Prohibitions

You agree not to do or attempt (or request that any third party do or attempt) any of the following during or in connection with Yours (theirs, or anyone’s) use of the Services:

1. circumvent or attempt to circumvent any access or use restrictions, data encryption, or content protection related to the Services;
2. engage in spidering, screen scraping, database scraping, harvesting of e-mail addresses, wireless addresses, content available through the Services, including Content, other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Services, including without limitation any information residing on any server or database connected to the Services;
3. copy, modify or distribute the computer code used to generate web pages on the Services (other than as may be expressly permitted under a separate license agreement);
4. access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;
5. probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;
6. access or search the Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Pear Health or other generally available third party web browsers;
7. send unsolicited email, bulk email, junk mail, spam or chain letters, or promotions or advertisements for products or Services, including without limitation those which are designed to promote, directly or indirectly, a product or Services with which You have a business relationship or other commercial connection;
8. in any way use the Services to send altered, deceptive or false source-identifying information;
9. decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
10. interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site or the Services;
11. impersonate or misrepresent Your affiliation with, or Your lack of affiliation with, any person or entity;
12. use the Services in violation of Pear Health’s or any third party’s intellectual property or other proprietary or legal rights;
13. use the Services in violation of any applicable law or request that anICP provides a Services which would violate applicable law; or
14. upload, post, email, transmit or otherwise make available materials that infringe or misappropriate any patent, trademark, trade secret, copyright or other proprietary rights of any party; 
15. Induce, entice or otherwise encourage (or allow anyone on your behalf to induce, entice, or otherwise encourage) any ICP to leave Pear Health Services or Pear Health Platform and work directly for You, the Care Recipient, anyone on your or their behalf, or any related third party.

10. Termination, Discontinuation and Modification of the Services

TERMINATION BY PEAR HEALTH
10.1 If You violate any of the Agreement Terms, Your permission to use the Services will automatically terminate with immediate effect. 

10.2 You also agree that Pear Health may, at any time and without notice to You, suspend or revoke Your access to and use of the Services, and any account(s) You may have in connection with the Services: (i) for any reason or no reason at all; (ii) where Pear Health determines at our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of the Pear Health or any third party; or (iii) in connection with any general discontinuation of the Services. We also reserve the right to modify the Services at any time without notice to You. 

10.3 Please note, that whilst the matter remains at Pear Health’s sole discretion, Pear Health is likely to terminate this Agreement, and reserves its rights to do so, if You fail or delay to make payments of 4 invoices in succession; fail or delay to make payment for a period of 4 weeks or more; or over a period of 6 months prior to termination, the account held by You has fallen into arrears on more than 2 occasions.

10.4 Notification will be made by Notice by Pear Health to You at the email address provided by You and/or by letter by Royal Mail

10.5 Pear Health will have no liability whatsoever as a result of any change to the Services or any suspension or revocation of Your access to or use of the Services. 

TERMINATION BY YOU
10.6 You may terminate this Agreement, and Your account with Pear Health, at any time by contacting customer Services at support@pear-healthcare.com, providing Pear Health with a minimum of 14 days’ notice of Your intention to do so. Any termination made by You without providing the minimum notice, may incur a financial penalty over any costs incurred by ICP in the Placement, and You will be liable for all sums due up to and including the date of termination.

10.7 If You choose to cancel the Services, You are still liable to Pear Health for payment of all Services undertaken or due to be undertaken by Pear Health or the ICP on Your behalf.

10.8 Pear Health reserves the right to charge You (at its sole discretion) in full for all and any part of the Services undertaken on Your behalf for the whole of the Notice Period. Such Notice Period charges will be added to Your final invoice, and will be due and payable by You in full within 7 days after the last day of the Notice period, or within 14 days of the last day of the provision of the Services, whichever is sooner.

10.9 If You choose to engage any ICP directly (in contravention of the Terms of this Agreement) You become immediately liable to Pear Health for the Fees equal to six (6) months’ Fees for the ICP’s Placement with You or any other Customer or Care Recipient.

11. Indemnity

You agree that You will be personally responsible for Your use of the Services, and You agree to defend, indemnify and hold harmless Pear Health and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable solicitors’ and accounting fees and costs, arising out of the use of the Services by You, the Care Recipient, or anyone on Your or their behalf. 

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with our defence of such claim. You will not, in any event, settle any claim, prospective, litigated, or other related matter without our written consent.

12. Use of the Services Is Entirely At Your Risk

12.1 You expressly understand and agree that Your use of the Services is at Your sole risk and that the Services is provided “as is” and “as available”. Pear Health expressly 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, and non-infringement) to the maximum extent permitted by law.

12.2 When You use the Services to request and have an ICP perform a Placement, You understand and acknowledge that no ICP has any authority to make any amendments to this Agreement  and that any statements, representations, or warranties made by an ICP or any third party are disclaimed by Pear Health and do not expand or otherwise modify this Agreement. Pear Health makes no representation or warranty regarding the identity, quality, reliability, safety, completeness, or fitness of ICP.

12.3 Once any Placement starts, the ICP engaged in that Placement works directly for, and under the direction of, You.

13. Limitation of Liability and Release

13.1 To the extent permitted by applicable law, Pear Health will not be liable  to You in connection with Pear Health’s performance under this Agreement, including (but not limited to) liability for loss of profits and other consequential losses. 

13.2 Pear Health’s liability to You in respect of the Services or any Placement will not exceed the total price paid by You for the Placement, whether such cause of action is brought in contract, tort, warranty or otherwise.

13.3  Except in the case of death or personal injury caused by Pear Health’s negligence, Pear Health’s liability under or in connection with this Agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the level of any Fees paid by You to the Company in the last six months under these Terms and Conditions.

13.4 Neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty nor otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill. 

13.5 The limitations of damages set forth above are fundamental elements of the basis of the bargain between Pear Health and You.

13.6  Nothing in this Agreement shall limit any rights You might have as a consumer or other statutory rights that may not be excluded by law, nor exclude or limit our liability to You for any death or personal injury resulting from our negligence.

14. General

14.1 This Agreement, together with the Privacy Policy constitutes the entire and exclusive understanding and agreement between You and Pear Health regarding Your use of and access to the Services, and except as expressly permitted above may only be amended by a written agreement signed by or on behalf of each Party. 

14.2 You may not assign or transfer the Agreement  or Your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent from Pear Health. Pear Health may assign the Agreement at any time without notice. 

14.3 In the event that any part of the Agreement is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

15. Events beyond Pear Health’s control

Pear Health shall have no liability to You for any failure of the ICPs to perform the Placement You have ordered, or any delay in doing so that may be caused by an event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, acts of terrorism or accident.

16. Miscellaneous

Except for our affiliates, directors, employees or representatives, a person who is not a Party to the Agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 (“Act”) to enforce any time. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.

17. Governing Law

This Agreement shall be governed by the laws of England and Wales  and Parties agree to the exclusive jurisdiction of the courts of England and Wales.

18. Agreement of Parties

Please note that these Terms and conditions may be changed by Pear Health at any time, and at Pear Health’s sole discretion. Pear Health will either inform You of those changes by email, or will post any changes to these Terms on Pear Health’s Site, or both. Once the Terms have been made available and intimated to You, they will become immediately effective, and Your contract with Pear Health will be based on those updated Terms.

By using Pear Health’s products and services You are hereby agreeing to Pear Health’s Terms and to this Agreement. You are confirming Your agreement to form a binding contract with Pear Health to provide the Services as described to You.