Terms of Service
Terms of Service
Last updated: December 4, 2024
Please read these terms of service carefully before using Our Platform.
1. Interpretation and Definitions
1.1 Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in the singular or in the plural.
1.2 Definitions
For the purposes of these Terms of Service:
- Account means a unique account created for You to access our Platform or parts of our Platform.
- Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
- Application means the software program provided by the Company downloaded by You on any electronic device, named CareConnect.
- Country refers to the United States of America.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to CareConnect Marketplace, owned by Silver Tree Services, LLC, a US-based limited liability company incorporated under the state of Connecticut.
- Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You and/or Service Providers, regardless of the form of that content.
- Device means any device that can access the Service such as a computer, a cell phone, or a digital tablet.
- Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Platform.
- Services refers to services advertised by Service Providers on the Platform.
- Order means a request by You to connect or conduct business with any Service Provider through the Platform.
- Platform refers to the Application or the Website or both.
- Service Provider means the provider of assisted living services listed on the Platform, including but not limited to care home owners and operators and caregivers.
- Terms of Service (also referred to as "Terms") mean these Terms of Service that form the entire agreement between You and the Company regarding the use of the Platform.
- Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Platform.
- Users refers to users of the Platform who are connecting with Service Providers.
- Website refers to CareConnect Marketplace, accessible from, but not limited to, www.careconnect.market, or any subdomains, and any other online or mobile platforms we may operate now or in the future.
- You or Your means the individual accessing or using the Platform, or the company, or other legal entity on behalf of which such individual is accessing or using the Platform, as applicable. "You" includes, but may not be limited to, both Users and Service Providers.
2. Contact Us
If you have any questions about these Terms of Service, You can contact us:
- By email: help@careconnect.market
3. Acknowledgment
These are the Terms of Service governing the use of this Platform and the agreement that operates between You and the Company. These Terms of Service set out the rights and obligations of all Users and Service Providers regarding the use of the Platform.
Your access to and use of the Platform is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors and others who access or use the Platform.
By accessing or using the Platform, You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service, then You may not access the Platform.
You represent that you are over the age of majority according to the laws of your country or the Country, whichever is higher. The Company does not permit those under that age to use the Platform.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Platform.
4. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Connecticut, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Connecticut for any disputes arising out of or relating to these terms.
Your use of the Application or Website may also be subject to other local, state, national, or international laws.
5. User Accounts
5.1 Account Creation
When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Platform.
You may not use as a username:
- The name of another person or entity or that is not lawfully available for use.
- A name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization.
- A name that is otherwise offensive, vulgar, or obscene.
5.2 Account Information
You may be asked to supply certain information relevant to Your Account including, without limitation:
- Your name, email, phone number, and address.
Prior to activating a Service Provider Account, the Service Provider must provide Us with evidence that it has a current, valid, and active regulatory license to operate, if such license is required by the Service Provider’s respective jurisdiction. We will confirm this information with the relevant licensing body prior to approving and activating the Service Provider Account.
If a Service Provider’s regulatory license is revoked, lapsed, invalidated, inactive, expired, pending renewal, or the Service Provider is otherwise not allowed to operate, the Service Provider shall notify Us immediately at help@careconnect.market, after which we will deactivate the Service Provider’s content.
...
5. User Accounts
5.1 Account Creation
When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Platform.
You may not use as a username:
- The name of another person or entity or that is not lawfully available for use.
- A name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization.
- A name that is otherwise offensive, vulgar, or obscene.
5.2 Account Information
You may be asked to supply certain information relevant to Your Account, including, without limitation:
- Your name, email, phone number, and address.
Prior to activating a Service Provider Account, the Service Provider must provide Us with evidence that it has a current, valid, and active regulatory license to operate, if such license is required by the Service Provider’s respective jurisdiction. We will confirm this information with the relevant licensing body prior to approving and activating the Service Provider Account.
If a Service Provider’s regulatory license is revoked, lapsed, invalidated, inactive, expired, pending renewal, or for any other reason the Service Provider is not allowed to operate, the Service Provider shall notify Us immediately at help@careconnect.market, after which time we will deactivate the Service Provider’s content.
If the Service Provider provides Us with evidence that its licensing problem has been corrected, We will confirm this information with the regulatory body and reactivate the account upon Our satisfactory review of the correction.
Before or during posting Your Services, You may be asked to supply, without limitation:
- Your bank account details.
- Your identity documents.
Before or during placing an Order, You may be asked to supply, without limitation:
- Your credit card number.
- The expiration date of Your credit card.
- Your billing address.
- Your shipping information.
5.3 Account Review
Unless as part of a feature of the Platform, We do not perform background checks or endorse any Users or Service Providers. We do not accept any responsibility for the reliability, accuracy, and completeness of any information provided by Users or Service Providers.
By using the CareConnect marketplace, Users or Service Providers acknowledge that CareConnect is not responsible for verifying the identity, compliance, or validity of other Users or Service Providers and assumes no responsibility for their actions. Users engage with the Platform and its Service Providers at their own risk.
CareConnect does not own, operate, or control any Service Provider or the Services offered on the platform.
5.4 Account Password
You are responsible for safeguarding the password that You use to access the Platform and for any activities or actions under Your password, whether Your password is with Our Platform or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
5.5 Account Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service. Upon termination, Your right to use the Platform will cease immediately.
If You wish to terminate Your Account, You may:
- Simply discontinue using the Service.
- Delete Your Account from the Service.
- Contact Us for help at help@careconnect.market.
6. Content
6.1 Your Right to Post Content
Our Platform allows Service Providers to post Content. Service Providers are responsible for the Content that they post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, Service Providers grant Us the right and license to:
- Use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Platform.
Service Providers agree that this license includes the right for Us to make this Content available to other users of the Platform, who may also use the Content subject to these Terms.
Service Providers retain any and all of their rights to any Content they submit, post, or display on or through the Platform, and they are responsible for protecting those rights.
Service Providers represent and warrant that:
- They own or have a right to use the Content and grant Us the rights and license as provided in these Terms.
- The posting of their Content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.
6.2 Content Restrictions
The Company is not responsible for the content Service Providers post on the Platform. Service Providers expressly understand and agree that they are solely responsible for the Content and for all activity that occurs under their account, whether done so by them or any third person using the Service Provider account.
Service Providers may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine, or randomly–generated content, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
- Impersonating any person or entity, including the Company and its employees or representatives.
- Violating the privacy of any third person.
- False information and features.
The Company reserves the right, but not the obligation, to:
- In its sole discretion, determine whether or not any Content is appropriate and complies with these Terms.
- Refuse or remove this Content.
- Make formatting and edits and change the manner of any Content.
The Company can also limit or revoke the use of the Platform if You post such objectionable Content.
As the Company cannot control all content posted by users and/or third parties on the Platform, You agree to use the Platform at your own risk. You understand that by using the Platform You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable. You agree that under no circumstances will the Company be liable in any way for any content, including:
- Any errors or omissions in any content.
- Any loss or damage of any kind incurred as a result of your use of any content.
6.3 Content Backups
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by:
- Content that is corrupted prior to being backed up.
- Content that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. However, You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Platform.
6.4 Intellectual Property of Others and Copyright Infringement
We respect the intellectual property and copyrights of others. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
It is Our policy to respond to any claim that Content posted on the Platform infringes a copyright or other intellectual property rights of any person. We comply with local regulations, including:
- Digital Millennium Copyright Act (DMCA).
- EU Copyright Directive.
If You are a copyright owner or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement taking place through the Platform, You must submit Your notice in writing to the attention of our copyright agent via email (see Contact Us).
Your notice should include:
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
- A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Platform where the material that You claim is infringing is located.
- Your address, telephone number, and email address.
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removing the challenged content from the Platform.
7. Orders of Services
By placing an Order for Services through the Platform, You warrant that You are legally capable of entering into binding contracts.
7.1 Position of the Platform in Orders
Our role is one of a facilitator between Users and Service Providers using the Platform. We are, therefore, a third party in Orders, which limits Our liabilities in any disputes between Users and Service Providers.
We are not a party to any agreement Users have with the Service Providers. Any agreement Users enter with the Service Providers does not form a part of any agreement We have with You.
7.2 Your Information as a User
If You wish to place an Order for Services available on the Platform, You may be asked to supply certain information relevant to Your Order, including, without limitation:
- Your name
- Your email
- Your phone number
- Your credit card number
- The expiration date of Your credit card
- Your billing address
- Your shipping information
You represent and warrant that:
- You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order.
- The information You supply to us is true, correct, and complete.
By submitting such information, You grant Us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
7.3 Availability, Errors, and Inaccuracies
We and Service Providers are constantly updating Our offerings of Services on the Platform. The Services available on the Platform may be mispriced, described inaccurately, or unavailable, and Service Providers and We may experience delays in updating information regarding the Services on the Platform and in Our advertising on other websites.
We and Service Providers cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
7.4 Prices Policy
The Company and Service Providers reserve the right to revise their prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by:
- Government action
- Variation in customs duties
- Increased shipping charges
- Higher foreign exchange costs
- Any other matter beyond the control of the Company or the Service Provider
In that event, You will have the right to cancel Your Order.
7.5 Payments
Payment can be made through various payment methods We have available. We rely on payment gateways that have their own terms of service and their own limitations.
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
7.6 Service Fees
We may charge You some fees (and applicable Taxes) for the right to use the Platform. More information about when service fees apply and how they are calculated is displayed during your Order. We reserve the right to change the service fees at any time.
7.7 Order Modification
You and the Service Providers are responsible for any Order modifications You agree to make via the Platform and agree to pay any additional amounts, fees, or taxes associated with any Order modification.
7.8 Order Cancellation
7.8.1 Our Order Cancellation Rights
We reserve the right to refuse or cancel Your Order at any time for certain reasons, including but not limited to:
- Services availability
- Errors in the description or prices for Services
- Errors in Your Order
- Mistakes from the Service Provider
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction or trade is suspected.
7.8.2 Order Cancellation by Users
If You as a User cancel an Order, the amount You paid (including the Service fees) is not refunded.
If something outside Your control requires You to cancel an Order, or if You think Your Order should be refunded, contact Us.
7.8.3 Order Cancellation by Service Providers
If You as a Service Provider cancel an Order, the amount the User paid (including the Service fees) will be refunded to the User and will not be transferred to the Service Provider.
If something outside Your control requires You to cancel an Order, or if You think Your Order should be refunded, contact Us.
7.9 Order Dispute
If a User or a Service Provider disputes an Order, the Company should be notified. You agree the dispute will be resolved at Our sole discretion.
8. Disclaimer of Warranties and Limitation of Liability
8.1 Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to:
- The amount actually paid by You through the Platform, or
- USD $15 (or its equivalent in the Platform's local currency) if You haven't purchased anything through the Platform.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever, including, but not limited to:
- Damages for loss of profits.
- Loss of data or other information.
- Business interruption.
- Personal injury.
- Loss of privacy arising out of or in any way related to the use of or inability to use the Platform, third-party software, and/or third-party hardware used with the Platform.
This applies even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law.
8.2 "AS IS" and "AS AVAILABLE" Disclaimer
The Platform is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to:
- All implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
- Warranties that may arise out of the course of dealing, performance, usage, or trade practice.
Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Platform will:
- Meet Your requirements.
- Achieve any intended results.
- Be compatible or work with any other software, applications, systems, or services.
- Operate without interruption.
- Meet any performance or reliability standards.
- Be error-free or that any errors or defects can or will be corrected.
Furthermore, neither the Company nor its providers makes any representation or warranty of any kind, express or implied:
- As to the operation or availability of the Platform, or the information, content, and materials or products included thereon.
- That the Platform will be uninterrupted or error-free.
- As to the accuracy, reliability, or currency of any information or content provided through the Platform.
- That the Platform, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. In such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
8.3 Links to Other Websites
Our Platform may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over and assumes no responsibility for:
- The content.
- Privacy policies.
- Practices of any third-party websites or services.
You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise You to read the terms of service and privacy policies of any third-party websites or services that You visit.
8.4 Translation Interpretation
These Terms of Service may have been translated if We have made them available to You on our Platform. You agree that the original English text shall prevail in the case of a dispute.
9. Disputes Resolution about the Platform
9.1 Disputes
If You have any concerns or disputes about the Platform, You agree to first try to resolve the dispute informally by contacting the Company.
9.2 Arbitration
Subject to Section 9.1, any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, including the breach, termination, or validity thereof, shall be resolved exclusively through binding arbitration administered by the American Arbitration Association.
- The arbitration shall take place in New York City.
- The language of arbitration shall be English.
- The decision of the arbitrator(s) shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
9.3 Waiver of Class Actions
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not as part of a class, consolidated, or representative action.
10. Intellectual Property of the Service
The Platform and its original content (excluding Content provided by Service Providers or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors.
- The Platform is protected by copyright, trademark, and other laws of both the Country and foreign countries.
- Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
11. Your Feedback to Us
You assign all rights, title, and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to:
- Use.
- Reproduce.
- Disclose.
- Sub-license.
- Distribute.
- Modify.
- Exploit such Feedback without restriction.
12. Changes to these Terms of Service
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect.
- What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Platform after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Application or Website and the Platform.
13. General
13.1 For European Union (EU) Users
If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident.
13.2 United States Legal Compliance
You represent and warrant that:
- You are not located in a country that is subject to the United States government embargo or that has been designated by the United States government as a "terrorist supporting" country.
- You are not listed on any United States government list of prohibited or restricted parties.
13.3 Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
13.4 Waiver
Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.