Vida Client Terms
1. These terms
1.1 These terms and conditions (Client Terms) are available on www.vida.co.uk . Our full company name is Digital Home Visits Ltd (Vida, Vida Care, we, us or our), our registered company number is 09975979 and our registered address is at 21 Dartmouth Street, London, UK SW1H 9BP. Vida is approved and regulated by the Care Quality Commission (CQC), with registered number 1-3077958188.
1.2 These Client Terms, together with the other terms and policies referred to in section 1.5 below, govern the basis on which we provide the services available on this website (Platform). Please read these Client Terms carefully before you start using the Platform. These terms are important as they explain some key things about the Platform, your engagement of our care providers through the Platform (Carers).
1.3 If you use our Platform you agree to be bound by these Client Terms. These Client Terms form a legally binding contract between you and us, and govern your use of the Platform. If you do anything in breach of these Client Terms we may terminate your account and right to use our Platform.
1.4 We may change the features of our Platform from time to time. Also, we may change these Client Terms from time to time. If a revision is material, we may (but are not obliged to) notify you. If you continue to use our Platform or receive services from our Carers after any revisions take effect, then you will be taken to have agreed to the revised Client Terms. These Client Terms were last updated on 19 December 2016.
1.5 In addition to these Client Terms, the following additional terms also apply to your use of our Platform (and are, where relevant, incorporated by reference into these Client Terms):
(a) our Privacy and Cookies Policy; and
(b) any additional terms displayed on-screen or accessible via a link on the Platform.
1.6 All rights granted to you under these Client Terms will terminate immediately in the event that you are in breach of any of them.
2. The Platform
2.1 We perform a number of checks on our Carers including a DBS check, references and qualifications, and we will do our best to ensure that Carers’ profiles on the Platform are up to date and accurate, but we cannot guarantee 100% accuracy.
2.2 When you register on the Platform we will: send you a care assessor to discuss and identify your care requirements and agree and prepare your care plan. We will endeavour to match the right Carers to address your requirements, and we will provide you details and profiles of these Carers and schedule your visits at the required times. We will arrange any repeat bookings between you and the Carers.
3. Engaging and paying for care services
3.1 When you engage one of our Carers you agree to pay the hourly, weekly or nightly rate stated on the Platform for the service that you have agreed to receive. We will provide you with a QR code or similar device for the Carer to scan to record on the Platform their arrival and departure times.
3.2 All care-services provided by our Carers must be paid for through our payment provider via the Platform (and we may send you a link for payment by phone or email). You agree and undertake not to pay any of our Carers directly for their time or services by any other means and fully indemnify us on demand against all losses we incur or suffer arising as a result of or in connection with your breach of this section 3.2.
3.3 You may only book care services for yourself or for someone for whom you have authority to do so. You will remain bound by these terms and are responsible for all acts and omissions of the person receiving the care (if it is not you).
4. Problems with care services
You may provide us feedback on Carers, and Carers may provide feedback regarding your changing care needs to ensure that you receive appropriate care, in each case including via any portal we provide via the Platform.
5. Your account
5.1 To register an account and use the Platform, if you are an individual you must be at least 18 years old. We are not obliged to accept any particular registration request.
5.2 Upon registration we may ask for the following information:
(a) your name, home address, email address and phone number(s);
(b) the type of care required;
(c) details of who the care is for, and if this is not you then confirmation that you have their authority to arrange the care services
(d) payment information; and
(e) any other information we think we should know or which is reasonably requested by us.
5.3 You must ensure the information in your account is accurate, up to date, and kept updated at all times (which you may do through the Platform).
5.4 All account creation requests are subject to acceptance by us. We reserve the right in our absolute discretion to refuse to register any person on the Platform.
6. Fees, payment and our commission
6.1 Our charges for care-services provided to you are payable weekly in arrears (and we will automatically charge your credit card where you have provided one). You undertake not to pay us other than via the Platform, or pay any Carer direct. Any breach of this section may result in the immediate termination of your account and right to use the Platform.
6.2 Payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
(a) undertake not to make payment to a Carer directly, or may any payment other than via our payment provider;
(b) acknowledge the investment we have made in the Platform and promoting it in order to offer you Carers, and undertaken not to enter into any direct agreement with any Carer that seeks to avoid the payment of our charges, or to receive care services from Carers we have introduced you to or offered, other than via the Platform (including after you have ceased using the Platform); and
(c) acknowledge that any breach of this section may result in the immediate termination of your account and right to use the Platform.
You may make cancellations up to 24 hours before a booking. All cancellations made within the 24-hour period will be subject to the full hourly rate.
8. Data protection and privacy
Use of your personal information is governed by our Privacy and Cookies Policy,
9. Access to the Platform
9.1 You may only use the Platform for non-commercial use and only in accordance with these Client Terms. You may retrieve and display content from the Platform on a computer screen, print and copy individual pages and store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Platform and, where they apply, will be displayed on-screen or accessible via a link.
9.2 We cannot guarantee the continuous, uninterrupted or error-free operation of the Platform. We may modify or suspend (including for maintenance) the Platform at any time
10.1 You may only use the Platform to search for and engage care services for which you have a genuine need, and not for any other kinds of service. We reserve the right to report any illegal acts to the authorities.
10.2 You must not create links to the Platform from any other website, without our prior written consent, ‘scrape’ content from the Platform or create an electronic database by systematically downloading and storing all of the content of the Platform, remove or change any content of the Platform or attempt to circumvent security or interfere with the proper working of the Platform.
10.3 You must only use the Platform and anything available from the Platform for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
11. Intellectual property rights and confidentiality
11.1 All intellectual property rights in the Platform and in any content on the Platform (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. You acknowledge that you do not acquire any ownership rights in any of our intellectual property by accessing or downloading content from the Platform.
11.2 We will keep all information about you confidential save for sharing it with Carers and potential Carers or as otherwise required by applicable law, and we will ensure Carers keep it confidential and only use it for the purposes of providing care services to you.
11.3 You must keep all information you receive about us and the Platform, and about Carers or their affairs confidential at all times (including any information you receive or access at bookings). You must not make any public statement about us, our Platform or your involvement in it without our prior written consent.
12.1 In respect of content on the Platform, whilst we try to make sure it is correct, we cannot guarantee it is accurate or up to date. We have no responsibility for content from any other user.
12.2 We give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Platform and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Platform or relying on any of its content.
12.3 We cannot and do not guarantee that any content of the Platform will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate anti-virus and other security checks.
12.4 You agree that your use of the Platform is on an ‘as is’ and ‘as available’ basis and at your sole risk.
12.5 In respect of your feedback on Carers, you must:
(a) submit it in good faith and honest belief at all times;
(b) not submit any feedback that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party;
(c) not submit any feedback that contains any viruses and/or other code that has contaminating or destructive elements; and/or
(d) not impersonate, or misrepresent an affiliation with, any person or entity.
12.6 You agree that, by submitting any feedback, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use such feedback for the purposes of operating the Platform or for reporting any criminal acts.
13.1 The Platform may include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available.
14.1 Nothing in these Client Terms shall exclude or limit our liability to you:
(a) for death or personal injury caused by our negligence;
(b) for fraudulent misrepresentation; or
(c) for any other liability that may not, under applicable law, be excluded or limited.
14.2 Subject to section 14.1, we shall not be liable to you (whether such liability arises as a result of breach of contract, negligence, misrepresentation or for any other reason) for any loss or damage which arises as a result of:
(a) any circumstance for which you are at fault; or
(b) any circumstance which we cannot reasonably be expected to control.
14.3 Subject to sections 14.1 and 14.2, our total aggregate liability to you under these Client Terms and relating to the provision of the Platform (and whether the liability arises because of breach of contract, negligence, misrepresentation or for any other reason) shall be limited to the greater of (a) the amount you have paid us in the 12 months leading up to the incident or failure in question; and (b)£5,000.
14.4 You agree to fully indemnify us on demand against all losses we incur or suffer arising as a result of or in connection with:
(a) any breach of sections 3.3, 5.3, 6.1, 10 or 12.5; and/or
(b) any claims brought against us by any Carer that is based on any breach (or allegation of any breach) of these Client Terms by you, or any criminal act or omission on your behalf.
14.5 We will treat all use of the Platform under your login details as use by you. You are responsible for protecting your account login details and password and we will not be held liable for any loss or damage that may result from your failure to do so.
15.1 Subject to 14.1, these Client Terms and any other terms expressly referred to in them represent the entire agreement between you and us in relation to their subject matter.
15.2 We may sub-contract the performance of any of our obligations to you. We may assign any of our rights or obligations to you to someone else, provided that we notify you that we have done so. You may not sub-license or assign any of the rights or obligations under these Client Terms.
15.3 If we fail to enforce, or delay in enforcing, any of our rights under these Client Terms, that does not result in a waiver of the rights concerned.
15.4 If any provision of these Client Terms or any other terms incorporated by reference is found to be unenforceable, it shall not affect the enforceability of any other provisions they contain.
15.5 No terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to the agreement between us.
15.6 All notices given by you to us or vice-versa must be given by email or in writing to the address set out below. We may give notice to you at either the email or postal address you provide to us when registering.
15.7 These Client Terms are governed by English law. We both agree to submit to the non-exclusive jurisdiction of the English court, provided that if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there.
16. Contacting us
Please submit any questions you have about these Client Terms or any issues concerning our Platform and its use to us by using the contact details here.
17. 5 hours of free care offer
Any offer advertised via post or online is single-use and only valid for private individuals, not businesses, charities or other third parties who act as a referrer. This offer does not apply to discharge services.