These Terms of Service govern your use of ESOM Care, our website located at https://esomcare.com, and any related services provided by ESOM Care Limited.

When you create an ESOM Care account or use ESOM Care, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from further using the app, accessing our website, or using any other services provided by ESOM Care Limited.

If you access or download ESOM Care from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service; and/or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

We, ESOM Care Limited, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page and notify you through the app and/or the email address you provided when you created your account. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on 11 September 2022.

Limitations of Use

By using ESOM Care and our website, you warrant on behalf of yourself, any entity you represent who has entered into these Terms of Service, and your users that you will not:

1. modify, copy, prepare derivative works of, decompile, or reverse engineer ESOM Care or any materials and software contained within ESOM Care or on our website;
2. remove any copyright or other proprietary notations from ESOM Care or any materials and software contained within ESOM Care or on our website;
3. transfer ESOM Care or any of its associated materials to another person or “mirror” the materials on any other server;
4. knowingly or negligently use ESOM Care or any of its associated services in a way that abuses or disrupts our networks or any other service ESOM Care Limited provides;
5. use ESOM Care or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
6. use ESOM Care or its associated services in violation of any applicable laws or regulations;
7. use ESOM Care to send unauthorised advertising or spam;
8. harvest, collect, or gather user data without the user’s consent; or
9. use ESOM Care or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Care Plan and Payments

ESOM Care Limited will provide its clients with a care service adjusted to their needs and preferences. We will carry out an assessment of your needs and preferences for care, after which we will prepare a service suited to your needs. Please note that further adjustments to the service might be necessary in order to meet the needs of individual clients.

Care users are obliged to inform us about relevant information regarding the care service, that being the care requirements of their care residents, their likes, dislikes, allergies, lifestyle preferences, physical and medical conditions, including any information provided by any medical professional. Please note that care users can use our platform to find care services only if they have a genuine need for our service.

ESOM Care Limited will make sure that the care workers are suitably trained, sufficiently skilled, experienced and competent in order to provide quality service and meet care users’ needs.

When a care user enters into a service agreement with a carer on the ESOM Care platform they simultaneously agree to pay the accompanying shift invoice at the determined rate. Please note that after the care has been delivered, it must be paid for, no refunds are issued. The care user is bound by the terms of a service agreement the moment they receive our service.

Feedback and Cancellations

ESOM Care Limited allows care users to leave feedback on carers, at the same time the carers can provide feedback regarding the care users. Our care users can cancel the service at any time up to 24 hours before the start of the shift by contacting our Care Team at info@esomcare.com or through the ESOM Care application. Please note that you will be charged immediately for the remaining length of your contract. ESOM Care Limited has the right to cancel the service at any time, without previous notice, should the care user breach the herby Terms of Service.

ESOM Care Limited has the right to suspend the service if the care user has failed to pay the agreed fees. The service will remain suspended until the payment has been made in full. Furthermore, upon changing the current Care Service, the user is obliged to pay increased fees to us from the date the cost of the service increases.

Intellectual Property

The intellectual property in the materials in ESOM Care and on our website are owned by or licensed to ESOM Care Limited. You may download ESOM Care to view, use and display the application on your mobile device for your personal use only.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or these Terms of Service and may be terminated by ESOM Care Limited at any time.

User-Generated Content

You retain your intellectual property ownership rights over content you submit to us for publication within ESOM Care and/or on its corresponding website. We will never claim ownership of your content but we do require a license from you in order to use it.

When you use ESOM Care or its associated services to post, upload, share or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.

The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.

You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences and our Privacy Policy.

Automatic Updates

You give us permission to download and install updates to ESOM Care on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting ESOM Care from your device.

Liability

ESOM Care and the materials in ESOM Care and on our website are provided on an 'as is' basis. To the extent permitted by law, ESOM Care Limited makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall ESOM Care Limited or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use ESOM Care, our website, or any other services provided by ESOM Care Limited or the materials in ESOM Care, even if ESOM Care Limited or an authorised representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials

The materials appearing in ESOM Care or on our website are not comprehensive and are for general information purposes only. To the extent permitted by law, ESOM Care Limited does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in ESOM Care or on our website, or otherwise relating to such materials or on any resources linked to ESOM Care and our website.

Links

ESOM Care Limited has not reviewed all of the sites linked to ESOM Care or on its corresponding website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by ESOM Care Limited of the site. Use of any such linked website is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Notice regarding Apple

To the extent that you are using or accessing ESOM Care on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Service are between you and ESOM Care Limited only, not with Apple Inc. (Apple), and Apple is not responsible for ESOM Care and any materials available in ESOM Care.

Apple has no obligation to furnish you with any maintenance and support services with respect to ESOM Care.

If ESOM Care fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to ESOM Care and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to ESOM Care or your use of ESOM Care, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

You agree to comply with any applicable third-party terms when using ESOM Care, including any Usage Rules set forth in the Apple App Store Agreement of Service.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service and, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service.

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Right to Terminate

We may suspend or terminate your ESOM Care account and right to use ESOM Care and these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of United Kingdom. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.