Terms and Conditions (“Terms”)
Last updated: (04/01/2019)
Please read these Terms and Conditions (The “Terms”) carefully before using the Homecare services Website and/or application (The “Platform”) operated by Home Care Services SAL (The “Company”), a company duly registered in the Commercial Register of Beirut under number 1024267 and established at the following address: Beirut, Georges Catroux street, Badaro, plot n. 4916 – Mazraa, Section 13, Fifth Floor.
- Use of the Platform
Aiming to keep the Platform as safe as possible, the User represents that he/she will not be using the Platform in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. Therefore, the User will not post any illegal, defamatory, libelous, threatening, obscene or otherwise objectionable material, any content that is hate speech, pornographic, any content that infringes intellectual property rights including without limitation copyright, moral right, database right, trademark right, any content that violates the rights of others or that invades privacy of others after the use of automated means to collect users’ content or data or post any unauthorized commercial communications (such as spam) on the Platform. The User commits not to act in an illegal manner on the Platform such as uploading computer viruses, malicious codes, impairing the proper working of the Platform such as denial of service attack, bullying, intimidating and harassing a user in order to obtain login information pertaining to him/her.
- Account Management and Security
- Intellectual property
The Company and its licensors or its content providers exclusively own and control all the copyright and other intellectual property rights available through the Platform ( including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software). Therefore, any copying, distributing, posting, linking or otherwise modifying of the Company’s Platform by the User without the express written authorization of the Company will be considered a copyright, trademark or other intellectual property right infringement and may be subject to civil and/or criminal legal proceedings.
The User is granted by the Company a limited license in order to access and use the Platform. Therefore, he/ she may view, download, print and save pages containing copyrighted material from our Service for his/ her personal use only, after acknowledging that he/she does not acquire any ownership rights resulting from these actions. However, the Company and its licensors or its content providers retain full and complete title to the content available on the Platform, including all associated intellectual property rights and provide this content to the User under a license that is revocable at any time according to the Company’s sole discretion.
Concerning content covered by intellectual property rights that the User posts, uploads, submits or makes available on the Platform, including without limitation texts, graphics, images, audio material, video material, audio-visual material and software, the User expressly grants to the company a worldwide, irrevocable, non-exclusive, sub-licensable, royalty-free license to use, reproduce, modify, store, adapt, publish, translate and distribute his/her content in other works in any form, media or technology currently known or that may exist in the future.
- Electronic Communications
The User agrees and acknowledges that when he/she uses the Platform or sends emails to the Company, he/she is communicating with the Company electronically. Therefore, he/she consents to receive electronically any communications related to his/her use of the Platform. The Company will communicate with the User by all means of electronic communications agreed upon. He/she agrees and acknowledges that all agreements, notices and other communications that are provided to him/her electronically are deemed to satisfy all legal requirements applicable to the contractual process. Therefore, they cannot be deprived of legal effectiveness and validity on account of their having been made by electronic means.
- Information to be provided
The Company represents that the following information will be given to the User clearly, comprehensibly and unambiguously prior to the placing of any order, if he/she wishes to place his/her order by technological means: the different technical steps to follow to conclude a contract, whether or not the concluded contract will be filed by the Company and whether it will be accessible, the technical means for identifying and correcting input errors prior to the placing of an order and the languages offered for the conclusion of the contract.
- Pricing information
The Company attempts to provide accurate pricing information regarding the offered services available on the Platform of the Company. However, the Company does not represent or warrant that the prices are error free. The Company reserves the right, at its sole discretion, not to process or to cancel any orders placed for a service whose price was incorrectly posted on the Platform as a result of an error. In this event, the Company will be notifying the User by email. In addition, the Company reserves the right, at its sole discretion, to correct any error in the stated and affixed full retail price.
The “Services” encompass all means employed to help connect clients or other users with nurses and home care services providers, whether in local or international markets, whose home care services are offered for selling on the Platform by the Company. Those Services are deemed to be in conformity with the laws and regulations and to the ethics of the profession of nurses applicable in Lebanon. The Company attempts to provide accurate and exact descriptions of the Services on the Platform but it does not warrant the accuracy and the reliability of the descriptions.
- Placing of the order
The User can place his/her order by technological means when he/she wishes to purchase any Service available on the Platform of the Company. The online contract between the User and the Company is deemed to be formed when the acceptance of the offer is received by the Company. The Company reserves the right to choose not to process or to cancel the User’s order in certain circumstances including without limitations, the case where the Service the user wishes to purchase has been mispriced. In this event, the Company will either not charge the User or refund the charges for unprocessed or cancelled orders The Company may also, in its sole discretion take steps to verify the User’s identity to process his/her order.
The User can choose to pay in cash upon delivery or by any other means accepted by the Company.
Services purchased on the Platform of the Company shall be delivered in Lebanon and/or abroad, to the address provided by the User during the process of placing the order. The User agrees and acknowledges that he/she will solely bear all fees related to the execution of the Service including without limitations the transportation fees. The timeframe for delivery are subject to variation according to the Services purchased and are mentioned in the email sent to the User by the Company, after the validation of the order. The timeframe for delivery corresponds exclusively to the timeframe needed to organize the expedition of the Services excluding all amounts of time spent for services that are not delivered by the Company. Therefore, the Company shall not be liable for the consequences resulting from such delay.
- Online Data Protection
The Company may change these Terms from time to time. The Company will give the User written notice of any revision of these Terms and the revised Terms will apply to the use of the Platform starting from the date of notifying him/her. Therefore, he/she will have the opportunity to review and comment on the revised Terms before continuing to use the Platform. If the User does not agree to the revised Terms, he/she must stop using the Platform. So, if he/she continues using the Platform after being notified, this means that he/she has read and accepted the revised terms.
The Company is providing the Platform as is and makes no representations, covenants or express or implied warranties including but not limited to the merchantability, suitability, fitness for a particular use or purpose and non-infringement of the Platform membership and to any content, actions, accuracy of information and data of third parties on the Platform.
The Company tries to keep the Platform up, bug-free, knowing that the User uses it at his/her sole risk.
The Company disclaims any warranties that access to the Platform will always be safe, secure, virus-free or error-free or that the Platform will be functioning without failure of performance, omission, interruption, deletion, delay in operation, destruction or unauthorized access to, alteration of, or use of record.
Downloading any content from the Platform will be at the User’s own discretion and risk and he/she will be solely responsible for any damage to his/her computer system or loss of data resulting from the downloading. In no event shall the Company, or any person or entity involved in providing the Platform be liable for any damages, including but not limited to direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Platform.
The Company is not responsible for any content that Users, subscribers or any unauthorized user may post on the Company’s Platform. The Company reserves its right to change, alter, delete and prohibit any illegal content, in its sole discretion after notifying the User to withdraw it within a reasonable delay.
- Limitation of liability
The nurses and home care services providers whose Services are available on the Platform of the Company are independent contractors and not agents or employees of the Company. Therefore, the Company is not responsible for the acts, errors, omissions, representations, warranties, breaches or negligence of any such nurses and home care services providers or for any personal injuries, death, property damage, or other damages or expenses resulting from them.
The User acknowledges and agrees that he/she assumes full responsibility for his/her use of the Platform and/or for the account, communications with third parties, and purchase and use of the Services available through the Company’s Platform. The User acknowledges and agrees that any information he/she sends or receives during his/her activity on the Platform and/or use of the Platform may not be secure and may be intercepted by unauthorized parties.
The User acknowledges and agrees that, to the fullest extent permitted by applicable law , neither the Company nor its licensors, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to the Platform, or any other Site or resource the User accesses through a link from this Platform; any action the Company takes or fails to take as a result of communications the User sends to the Company; his/her account, any termination or cancelation of his/her account; any Services made available or purchased through the Company’s Platform, including any damages or injury arising from any use of such Services; any delay or inability to use the Platform or any information, or services advertised in or obtained through the Platform; or the modification, removal or deletion of any content submitted or posted on the Platform. Also, the User exonerates the Company from any damages caused by the nurses and home care services providers whose Services are available on the Platform of the Company including to any third party or to any property during the execution of the services provided by the nurses and home care services providers whose Services are available on the Platform of the Company or any damage incurred by the actions of any of them, including but not limited to, behavior, discipline, quality of the services, punctuality issues, and hold the Company harmless against any damages that the nurses and home care services providers whose Services are available on the Platform of the Company shall incur during my reception of the services.
The User agrees to defend, indemnify and hold the Company harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to his/her use of the Platform and/or his/her breach of any representation, warranty, or other provision of the Terms.
The Company reserves the right to terminate these Terms or stop providing the Platform after notifying the User within a reasonable delay for any cause it deems reasonable at its own and full discretion and, in the event of a breach of these Terms in any way or if the Company reasonably suspects that he/she has breached these Terms in any way.
In the event a provision of these Terms is determined by any court or other competent authority to be unlawful and/ or unenforceable, that part will be deemed to be deleted, and the rest of the provisions will continue in effect.
The omission of the Company to act concerning a breach of these Terms committed by the Users, visitors and others who access or use the Platform, does not waive the right of the Company to act concerning subsequent similar breaches.
If any content on this Platform, or the User’s use of the Platform, is contrary to the laws of the place where the User is when he/she accesses it, the Platform is not addressed to him/her, and the Company asks the User not to use the Platform. The User is responsible for informing himself/ herself of the laws of his/ her jurisdiction and complying with them.
- Disputes (Law and jurisdiction):
The resolution of any claim or dispute arising out of or relating to these Terms or the Company shall be subject to the exclusive jurisdiction of Lebanese courts. The laws of the state of Lebanon will govern these Terms as well as any claim or dispute that might arise between the User and the Company, without regard to conflict of law provisions.
- Third party content
The content available through the Platform illustrates the opinions of information providers, Users or other visitors not bound by contract with the Company. The Company is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Platform by anyone other than authorized employees of the Company while acting in official qualities. The Platform contains links to third party Websites, provided solely as a convenience to the Users and not as an endorsement by the Company of the contents on such third-party sites. The Company disclaims any representation or warranty regarding this content and the User’s access to those websites is under his/ her sole risk.