Last Updated: 1st May, 2018
Acceptance of Terms
These Terms of Service ("Terms") govern your use of the Carefolk Ltd ("Carefolk") products and services connected to the Carefolk platform, including, but not limited to the software products, cloud services, websites and related mobile applications, provided by Carefolk, and constitute a binding legal agreement between you and Carefolk.
You acknowledge and agree that, by accessing or using the Carefolk Products and Services, or by downloading, uploading, or posting any content from or on the Site or through the Carefolk Products and Services, you are indicating that you have read, and that you understand and agree to be bound by, these Terms, whether or not you have registered via the Site. If you do not agree to these Terms, then you have no right to access or use the Site or Carefolk Products and Services.
If you are entering into this Terms of Service agreement on behalf of a company or other legal entity, you attest that you have the authority to bind such entity to these Terms of Service. In that case, the terms "you" or "your" shall also refer to such entity, its staff and its affiliates, as applicable. If you do not have such authority, or if you do not agree with these Terms, you may not use the Service.
You acknowledge that this Terms of Service is a contract between you and Carefolk, even though it is electronic and is not physically signed by you and Carefolk, and it governs your use of the Carefolk Services and Products.
This includes giving us permission to process personal identifying data.
You, as an individual or a service provider (Healthcare team or support organisation) may choose to use the platform to record and maintain sensitive health information. You are also giving us permission to process ‘special categories’ of sensitive personal data’, (GDPR, Art.9) which includes data about health.
Please see our Privacy Notice for more information.
By explicitly opting in and ticking the checkbox to provide consent to agree to subscribing to the Carefolk Blog and Product News, you are providing us to contact you by email or through the Apps with updates and news on the Carefolk product services, as well as blog.
Access to Services
You will receive a password and account designation upon completing the account registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Carefolk of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session.
You may not use Carefolk Products and Services for any purpose which is illegal or violates any laws in your jurisdiction, in the jurisdiction of the Republic of Ireland or in any way that intentionally or unintentionally violates any applicable local, state, national or international law.
You acknowledge that any software or designs associated with the Carefolk Products and Services is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties, and cannot be copied.
No Medical Advice
If you are having a medical emergency, contact emergency services immediately.
Carefolk and its personnel do not provide any medical or pharmaceutical advice. We are not health care providers. As a result, Carefolk Products and Services are not intended to provide medical or pharmaceutical information or replace the advice of a healthcare professional. Carefolk Products and Services are solely designed to support, not replace, the relationship that exists with any caregiver, physician, pharmacist and other healthcare professionals. What we do is provide a way for you to take control and manage health care data, and to connect with health organisations, and support organizations.
We take both the protection of your private health information and your ability to control and access such information very seriously, and will only process your data in accordance with our Privacy Notice.
When you register with Carefolk for access to the Carefolk Products and Services and successfully complete the account registration process you will become a "Member" of the Carefolk Service. As a Member, you will have the opportunity to create one or more care profiles ("Profiles") and to add information, data, and images to your Profile(s) ("Profile Content").
A Profile may relate to you or it may relate to your child, parent, or other person you are caring for. As a Member, you will have the opportunity to invite third-party caregivers ("Caregiver") to access the Profiles that you create.
If you elect to invite a Caregiver to access your Profile(s), that Caregiver will receive an invitation to register with the Carefolk Product and Services and will need to complete the account registration process to become a Member. In addition, any Caregiver that you invite to access your Profile(s) will have access to Profile Content within your Profile(s) as well as the ability to add, delete, distribute, download, and edit the same.
Because of the sensitive and private nature of your health care and the health care of those loved ones on whose behalf you may be creating a Profile, we recommend that you protect the private and sensitive information contained within your Profile(s) and consider carefully whether to permit any Caregiver to access your Profiles. All Members are responsible for monitoring the Profile Content uploaded or added to their Profiles, whether uploaded by the Member, by a Caregiver, or by other third parties.
If you are creating a profile on behalf of another person, by accepting these terms you attest that you are authorized by that person to create a profile on their behalf. To the extent you take action on behalf of the person you are caring for, you also attest that you have valid legal authority to take that action on their behalf.
Please note that you, and not Carefolk, are responsible for maintaining and protecting all Profile Content. Carefolk will not be liable to you for any loss or corruption of your Profile Content, or for any costs or expenses associated with backing up or restoring any of your Profile Content.
License granted by the member
All Profile Content is and remains the sole and exclusive property of you as the Account Holder and Carefolk Member. Carefolk does not own any Profile Content and its use of the same is subject to these Terms and its Privacy Notice.
Eligibility and Age of Digital Consent
Carefolk products and services are designed to help and support those who provide and receive care, whether they are young or old.
Carefolk recognises that the age of digital consent varies depending on the jurisdiction the user lives in.
US, and Worldwide
Carefolk Products and Services are intended solely for persons who are 13 or older. Any access to or use of the Carefolk Products and Services by anyone under 13 is expressly prohibited. By accessing or using the Carefolk Products and Services you represent and warrant that you are 13 or older.
In the EU, the GDPR legislation sets the age of the digital consent at 16. If you are a resident of the EU, Carefolk Products and Services are intended solely for persons who are 16 or older. By accessing or using the Carefolk Products and Services you represent and warrant that you are 16 or older.
Product and Service Improvement
Carefolk continuously strives to improve its products and services. Carefolk may at its sole discretion modify the features of the Carefolk Products and Services from time to time without prior notice. Carefolk reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Carefolk Products and Services with or without notice. You agree that Carefolk shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
If any users send us any feedback or suggestions regarding the Carefolk Products and Services, you grant Carefolk an unlimited, irrevocable, perpetual, free license to use any such feedback or suggestions for any purpose without any obligation to you.
Right to use of service during subscription term
Paid Account holders will be granted access during the subscription in term in accordance with this Terms of Service agreement and the subscription agreement.
You are not obligated to purchase any of the Carefolk Products and Services. if You elect to purchase Service packages or additional Services, you may elect to provide a credit card or other payment mechanism selected by You.
You agree that Carefolk may charge to Your credit card or other payment mechanism selected by You and approved by Carefolk for Your Prepaid Account ("Your Account") and all amounts due and owing for the Carefolk Products and Services, including service fees, subscription fees or any other fee or charge associated with Your use of the Services. if there are any annual, monthly or similar periodic fees for Your subscription, these fees will be billed automatically to the credit card designated during the registration process for the Services, or subsequently designated to Carefolk at the start of the subscription period and at the start of each renewal period, unless You terminate Your subscription before the relevant period begins.
Prices of all Services are subject to change at any time. Carefolk will strive wherever possible to give advance notice. Such notice may be provided at any time by posting the changes to the Carefolk.com website or the Service itself.
All payments authorized by you into your account are final. There is no refunding of your account regardless of whether you use the Services or not.
In connection with your purchase and/or use of the Carefolk Products and Services you may be subject to taxes, including, without limitation, sales and use taxes, by any authority which has jurisdiction to impose such taxes. You agree that the obligation and payment of any such taxes shall be your sole and absolute responsibility, and you agree to indemnify Carefolk to the extent that Carefolk incurs any obligations or other liabilities in connection with such taxes.
You agree that in the event that Carefolk is unable to collect the fees owed to Carefolk for the Services through your Account, Carefolk may take any other steps it deems necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by Carefolk in connection with such collection activity, including collection fees and legal costs. You further agree that Carefolk may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.
Carefolk reserves the right of terminating your access to the Carefolk Products and Services for non-payment of subscription fees.
You are responsible for obtaining and paying for the internet/data connection and devices required to use Carefolk Products and Services.
No Reselling or Use Outside of Permitted Terms
Other than using the Carefolk Products and Services as permitted under the terms and conditions of this Terms of Service Agreement or other written agreements between you and Carefolk, you may not resell, distribute, make any commercial use of, or use on a time-share or service bureau basis, any of Carefolk’s Products or Services.
You acknowledge and agree that you are solely responsible for all content that you make available through the Carefolk Products and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all content that you make available through the Carefolk Products and Services or you have all rights, licenses, consents and releases from other parties that are necessary to grant to Carefolk the rights in such profile content, as contemplated under these Terms, including the provision to Carefolk of personal information submitted to us as part of a Profile; and (ii) neither the profile content nor your posting, uploading, publication, submission, or transmittal of the Profile Content or Carefolk’s use of the Profile Content (or any portion thereof) on, through or by means of the Carefolk Products and Services will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Carefolk Products and Services may contain links to third-party websites or resources. You acknowledge and agree that Carefolk is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Carefolk of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources.
Carefolk claims no intellectual property rights over the data and material you provide via Carefolk Products and Services. All materials uploaded remain yours.
"Data" means any data and content you upload, post, transmit or otherwise made available via the Carefolk Products and Services including includes messages you send, files you upload, comments you make on files, profile information and anything else you enter or upload into the Carefolk Products and Services. Carefolk will make commercially reasonable efforts to ensure that all facilities used to store and process Your data meet a high standard for security.
For more information on our current practices and policies regarding data privacy, security and confidentiality, please see Carefolk Security and Carefolk Privacy Notice we keep that document updated as these practices and policies evolve over time).
In order for Carefolk to provide Products and Services to you, Carefolk requires that you grant Carefolk certain rights with respect to your Data. For example, Carefolk needs to be able to transmit, store and copy your Data in order to display it to you and your colleagues, family members invited or connections, to index it so you are able to search it, to make backups to prevent data loss, and so on. Your acceptance of these Terms of Service gives Carefolk the permission to do so and grants Carefolk any such rights necessary to provide the service to you. This permission includes allowing Carefolk to use third-party service providers (for example Microsoft Azure Cloud Services) in the operation and administration of Carefolk Products and Services, and the rights granted to us are extended to these third parties to the degree necessary in order for Carefolk Products and Services to be provided. Depending on the service, this may involve moving your data across jurisdictional lines, or across country borders.
Carefolk will not share, disclose, sell, lease, modify, delete or distribute any Data provided by you in any manner.
Carefolk will also not view the Data provided by you except when given permission by you for the purpose of support.
You agree that Carefolk may include your business name in a list of Carefolk’s customers online and in print and electronic marketing materials in an appropriate fashion. If you'd prefer to not have your details included please email us at email@example.com.
Protection of Your Data
Carefolk takes the protection of your data very seriously. Carefolk shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data.
Carefolk shall not:
(a) modify Your Data,
(b) disclose Your Data except as compelled by law or as expressly permitted in writing by You, or
(c) access Your Data except to provide the Services or prevent or address service or technical problems, or at Your request in connection with customer support matters.
For more information on data security, please see Carefolk Security.
Your Data at the Termination or Expiry of this Agreement
Upon any termination or expiration of this terms of service agreement and request for deletion of your Carefolk Account and membership may request a copy of Your Data stored in Our database within 30 days from the termination or expiry date. A 'Paid' Account Holder is a holder of on an ongoing paid subscription to Carefolk. We may charge You for providing such copy in accordance with Our price list in force at that time. Should You wish for us to continue to retain Your Data on your behalf also after the termination or expiry or this Agreement, please contact us as early as possible to inquire about our possible data retention services. Unless You have purchased such data retention services from Us, we will destroy Your Data without undue delay after the said 30-day period.
Safety and conduct on Carefolk Products and Services
At Carefolk, we do our best to keep the Carefolk Products and Services safe, but we cannot guarantee it. We need your help to keep Carefolk Products and Services safe, which include the following commitments by you:
(1) You will not post unauthorized commercial communications (such as spam) on Carefolk Products or Services.
(2) You will not collect users' content or information, or otherwise access Carefolk Products or Services, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
(3) You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Carefolk Products or Services.
(4) You will not upload viruses or other malicious code.
(5) You will not solicit login information or access an account belonging to someone else.
(6) You will not bully, intimidate, or harass any user.
(7) You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
(8) You will not use Carefolk Products or Services to do anything unlawful, misleading, malicious, or discriminatory.
(9) You will not do anything that could disable, overburden, or impair the proper working or appearance of Carefolk, such as a denial of service attack or interference with page rendering or other Carefolk Product or Service functionality.
(10)You will not facilitate or encourage any violations of this Statement or our policies.
You are solely liable and responsible for your interactions with other users.
Carefolk reserves the right to remove any material, or discontinue service to any account holder, that it deems to be in breach of these terms.
Abuse of Features
The features made available through the Carefolk Products and Services are intended for the normal use of the software. Abuse of features may result in a ban or removal of access to Carefolk Products or Service.
In extreme cases, we reserve the right to temporarily suspend your account if your usage significantly exceeds the average usage of other Carefolk Product and Services customers and users and/or there's a danger that your usage of the services is causing disruption to other users.
Carefolk will always attempt to reach out to the account owner before taking any action except in rare cases where the level of use may negatively, immediately impact the performance of the Carefolk Product and Services for other customers and users.
Warranties and Disclaimers
Your use of any aspect of Carefolk Products and Services is at your own risk. We cannot and do not accept any liability in respect of any activities that you may undertake through using the Carefolk Products and Services.
CAREFOLK MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN RESPECT OF THE CAREFOLK PRODUCTS AND SERVICES. INFORMATION REGARDING MEDICATIONS, HEALTH, MEDICAL ADVICE AND OTHERWISE MAY BE PROVIDED BY THIRD PARTIES, INCLUDING OTHER USERS OF THE Carefolk Products and Services. WE CANNOT ACCEPT ANY LIABILITY WHATSOEVER IN RESPECT OF ANY CONTENT WHICH IS PROVIDED BY THIRD PARTIES AND/OR ANY OTHER USERS OF THE CAREFOLK PRODUCTS AND SERVICES. ANY ACTIONS YOU TAKE BASED ON CONTENT, NOTIFICATIONS AND OTHERWISE PROVIDED BY THE CAREFOLK PRODUCTS AND SERVICES ARE TAKEN AT YOUR SOLE RISK AND WE WILL NOT ACCEPT ANY LIABILITY IN RESPECT THEREOF. YOU SHOULD ALWAYS CHECK ANY INFORMATION PROVIDED THROUGH THE CAREFOLK PRODUCTS AND SERVICES TO ENSURE ITS ACCURACY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAREFOLK PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Carefolk Products and Services OR ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED OR REFERENCED THEREIN. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOUR USE OF THE CAREFOLK PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. WE DISCLAIM ANY IMPLIED OR STATUTORY WARRANTIES (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE CAREFOLK PRODUCTS AND SERVICES; OR (II) THAT THE CAREFOLK PRODUCTS AND SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE CAREFOLK PRODUCTS AND SERVICES.
WE DO NOT WARRANT THAT ANY DESCRIPTION PROVIDED THROUGH THE Carefolk Products and Services REGARDING MEDICATIONS OR OTHERWISE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, SAFE OR ERROR-FREE. NO COMMUNICATION, INFORMATION OR ADVICE GIVEN BY US OR ANY REPRESENTATIVE OF OURS, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. IF YOU CHOOSE TO RELY ON SUCH INFORMATION, YOU DO SO SOLELY AT YOUR OWN RISK. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
HEALTH INFORMATION MUST BE INTEGRATED BY HEALTHCARE PROVIDERS INTO THE GENERAL CLINICAL RECORD FOR INDIVIDUALS UNDER THEIR SUPERVISION AND CORRELATED WITH OTHER CLINICAL DATA AS REQUIRED BY PROFESSIONAL STANDARDS IN CUSTOMER’S DISCIPLINE. USE OF DATA ACCESSED BY MEANS OF THE CAREFOLK PRODUCTS AND SERVICES, AS WELL AS TREATMENT DECISIONS BASED ON SUCH INFORMATION ARE THE SOLE RESPONSIBILITY OF THE HEALTHCARE PROVIDER AND/OR CAREFOLK PRODUCTS AND SERVICES USERS. CAREFOLK ASSUMES NO LIABILITY IN RESPECT THEREOF.
Limitation of liability
IN NO EVENT WILL CAREFOLK NOR ANY OF CAREFOLK’S AFFILIATES, LICENSORS SUPPLIERS OR AGENTS, NOR CAREFOLK’S OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES ("INDEMNIFIED PARTIES"), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS, SAVINGS, DATA, USE OR COST OF SUBSTITUTE PROCUREMENT, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF CAREFOLK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH CAREFOLK’S PRODUCTS OR SERVICES, MATERIALS OR ANY LINKED SITE IS TO STOP USING THEM. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF ALL INDEMNIFIED PARTIES COLLECTIVELY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS OR USE CAREFOLK’S PRODUCTS AND SERVICES OR CAREFOLK MATERIALS. YOUR USE OF CAREFOLK PRODUCTS AND SERVICES AND ANY MATERIALS PROVIDED THROUGH CAREFOLK PRODUCTS AND SERVICES IS ENTIRELY AT YOUR OWN RISK.
Errors: A possibility exists that our website or materials could include inaccuracies or errors or information or materials that violate these Terms. Additionally, a possibility exists that unauthorized alterations could be made by third parties to our website or materials. Although we attempt to ensure the integrity of our website, we make no guarantees as to its completeness or correctness. If a situation arises in which our website's completeness or correctness is in question, please contact us via our contact information provided on our "Support" page of the website with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our website.
Carefolk retain ownership of all proprietary rights in the Carefolk Products and Services and in all trade names, trademarks and service marks associated or displayed with the Carefolk Products and Services. You will not remove, deface or obscure any of Carefolk’s copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Carefolk Product or Service. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Carefolk Product and Services.
Modifications of this Agreement
We love hearing from you. We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Carefolk Products and Services. You may submit feedback by emailing us at firstname.lastname@example.org, or via the contact form on the website.
You acknowledge and agree that if you submit any feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the feedback for any purpose without any compensation to you of any kind.
These Terms will be governed by the laws of the Republic of Ireland, without regard to its conflict of laws principles.