1.1 About Our Services
Horizon Healthcare Helpers dba My Care Helpers (“MCH”) offer various Services to assist individuals seeking care services (“Clients”) in finding individuals who provide services (“Helpers”), and for Helpers to find jobs.
1.2 Limitations of our Services
We do not employ any Helpers and are not responsible for the conduct, whether online or offline, of any Client, Helper, or other user of the Site or Services. Except where specifically provided in these Terms or in any applicable Additional Terms, Clients are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as payroll, tax, and minimum wage laws).
We do not assume and expressly disclaim any responsibility for the accuracy or reliability of any information provided by Helpers or Clients. We do not assume and expressly disclaim any liability that may result from the use of information provided on our Site or in the course of utilizing our Services.
We are not an employment agency, and we do not secure or procure employees for any Clients, nor do we secure or procure opportunities for employment for any Helpers.
We do not control, monitor, supervise, or oversee the quality, timing, hours, pay, legality, or any other aspect of services delivered by Helpers, nor do we require Helpers to accept or work any jobs or deliver any services at all.
We do not provide any medical, diagnostic, treatment or clinical service or engage in any conduct that requires a professional license.
We may offer certain Clients or Helpers the opportunity to verify certain information such as their email address, cell phone number. If we indicate that certain information has been verified, it means that the user has complied with the process we have established for verifying such information. However, we do not guarantee, nor do we represent or warrant, that the information is accurate or that it belongs to the Client or Helper who supplied it. Please review carefully the Release of Liability in Section 13 below for important limitations on MCH’s liability to which you are agreeing by using the Site and Services.
MCH EXPRESSLY DISCLAIMS, AND YOU EXPRESSLY RELEASE MCH FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY DAMAGES, SUITS, CLAIMS AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE FROM AND/OR IN ANY WAY RELATE TO ANY ACTS OR OMISSIONS OF MEMBERS ON OR OFF THE SITE, INCLUDING WITHOUT LIMITATION THE PROVISION OF ANY CARE SERVICES BY ANY HELPERS.
1.3 User Responsibilities
We shall work with a third party to conduct a background check on the Helper, but Users of our Site or Services are otherwise solely responsible for interviewing, verifying information provided by, and selecting an appropriate Client or Helper for themselves or their family. The background check is conducted near the date a Helper registers with MCH to receive job opportunities and is not repeated at any point after the initial registration process absent unless otherwise agreed and contracted between the Helper and Client. Client understands that MCH obtains background information through products provided by various third-party sources “AS IS,” and therefore is assessing the information “AS IS.” MCH makes no representation or warranty whatsoever, express or implied, including, but not limited to, implied warranties of merchantability or fitness for particular purpose, and implied warranties arising from the course of dealing or a course of performance with respect to the accuracy, validity, or completeness of any information products and/or consumer reports. MCH expressly disclaims all such representations and warranties. See Section 5 for additional terms related to background checks.
Each Client is responsible for complying with all applicable employment and other laws in connection with any employment relationship they establish.
Eligibility to Use the Site and Services
By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria:
3.1 Registration and Content
The following rules pertain to “Content”, defined as all the material, documents, communications, data, and information that any Client or Helper uploads, transmits, posts, publishes, or displays (hereinafter, “Provides”) through the Site or in relation to the Services, whether to MCH or to other Clients or Helpers, including without limitation any content, messages, photos, audios, videos, reviews or profiles:
As Content is primarily generated by Clients and Helpers, except as expressly described, we do not vet such Content for accuracy, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any Content provided by Helpers or Clients, including any Content that may include misstatements or misrepresentations. Clients and Helpers hereby represent, understand and agree to hold MCH harmless for any misstatements, misrepresentations, or other disparaging or defamatory statements made by or on behalf of them. Opinions, advice, statements, offers, or other information or content made available on the Site or through the Services, but not directly by MCH, are those of their respective authors. Such authors are solely responsible for such content. MCH does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will MCH or its Affiliates be responsible for any loss or damage resulting from your reliance on information or other content transmitted to or by any user of the Site or Service.
We welcome your feedback and questions about the Site and Services. However, you agree that any comments, ideas, messages, questions, suggestions, or other communications you send to us or share with us through any channel (including, without limitation, the Site, email, telephone, surveys, in-person, and our social media accounts) shall be and remain the exclusive property of MCH and we may use all such communications, all without notice to, consent from, or compensation to you.
3.2 License; Exclusive Use
MCH grants you a non-transferable, non-exclusive, revocable, limited license as follows:
3.3 Prohibited Uses
By using the Site or Services of MCH, you agree that you will not under any circumstances:
In order to protect our users from prohibited activity, we reserve the right to take appropriate actions. Should MCH find that you violated the terms of this Section or any terms stated herein, MCH reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services.
In order to protect the integrity of the Site and the Services, MCH reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Services ("MCH IP") are: (a) copyrighted by us and/or our licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors. MCH IP may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any MCH IP. Nothing in these Terms grant you any right to receive delivery of a copy of MCH IP or to obtain access to MCH IP except as generally and ordinarily permitted through the Site and the Services according to these Terms. Except as expressly provided in Section 3.2, nothing in these Terms will be deemed to grant, by implication, estoppel or otherwise, a license to MCH IP. Certain of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, tradenames, service marks or logos ("Marks") of MCH or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
5.1 Background Checks. MCH shall confirm Helper’s credentials and may conduct a background check (“Background Checks”). Background Checks may be regulated by the Fair Credit Reporting Act (“FCRA”), and the background reports resulting from these services may be considered “consumer reports” under FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers’ compensation, driving, employment, military, civil, and educational data and reports. You are responsible for making sure that the email address you provide to MCH is correct, knowing that sensitive information will be sent to it. If you are a Helper and you have authorized a Background Check on yourself from a third-party consumer reporting agency through MCH, we may indicate in your profile that you have completed that check. However, we will not share the results with others without your specific authorization.
5.2 Responsibilities of Users of Background Checks. The use of Background Checks obtained through the Site is governed by the FCRA and certain state laws. If you order or request access to a Background Check, you may be considered an end user of the check, which would require agreeing to a required End User Certification before the check will be processed. This End User Certification requires you to certify that you will comply with the FCRA and any applicable state laws and summarizes key legal obligations. A summary of your responsibilities in using the information contained the background check can be found at: https://www.ftc.gov/business-guidance/resources/using-consumer-reports-what-employers-need-know. If there is negative data in a check you receive, and you choose to take “adverse action” (e.g., if you choose to pass on that individual’s candidacy) on the basis of this negative data, you must agree to take certain procedural steps, which can be found at https://www.ftc.gov/business-guidance/resources/using-consumer-reports-what-employers-need-know. These may include notifying the individual who is the subject of the report of your decision to take adverse action based on information contained in the report and the subject’s right to contest the accuracy or completeness of the report. Depending on the specific background check you order, MCH may provide a mechanism for you to request that the consumer reporting agency who performed the check complete these steps on your behalf. Where such a mechanism is not available, you are responsible for making any required notifications yourself. If the subject contests the report with the consumer reporting agency, you are required to suspend the hiring process while the agency researches the accuracy and completeness of the report.
5.3 Background Checks You Order or Authorize. Subject to your authorization, you acknowledge and agree that MCH may review and use any Background Checks you have ordered or authorized about yourself for the purpose of protecting the safety and integrity of our Site and Services, and its users, which may, in the case of certain Helpers, be considered an employment purpose pursuant to the FCRA. MCH reserves the right to terminate your access to the Site and Services based on the information contained in a background report, even if such information was subsequently dismissed. If we do so, we will notify you and provide you the name and contact information of the consumer reporting agency that created the report. You will also be provided with a copy of the report unless the consumer reporting agency has already provided you a copy or access to it. You hereby represent, understand and expressly agree that MCH does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these Background Checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it and not MCH.
5.4 Preliminary Screenings. By registering for and using the Site or Services as a Client or Helper, you hereby acknowledge and agree that MCH has the right, but not the obligation, to use a third-party consumer reporting agency on an ongoing basis to use your personal information to run periodic background screenings on you for the purpose of protecting the safety and integrity of our Site and Services and its users (“Preliminary Screens”), which may, in the case of certain Helpers, be deemed to be an employment purpose under the FCRA. Subject to certain additional disclosures and authorizations, if applicable to you as a Helper, MCH may order these screenings when you register with MCH and thereafter in connection with your continued use of our Services and/or interaction with our Site (such as by contacting or communicating with other members, posting or updating a job or profile, ordering or authorizing a Background Check, etc.). These Preliminary Screens may also regulated by FCRA, and the background reports resulting from these services may be considered “consumer reports” under FCRA. You understand and agree that MCH may review the information provided by the third-party consumer reporting agency and that MCH retains the right to terminate your access to the Site or Services based on the information it receives from these checks, even if such information was subsequently changed or corrected. If MCH terminates your access to the Site or Services on the basis of information in a background report, you will be notified and provided with the name and contact information of the consumer reporting agency that created the report. You will also be provided with access to a copy of the report unless the consumer reporting agency has already provided you a copy or access to it. You hereby represent, understand and expressly agree that MCH does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it (and not MCH) within the time period specified in your notice. Notwithstanding this, you agree that MCH is under no obligation to reinstate you access to the Site or Service that MCH may have terminated even if the information that led to the termination is subsequently changed or corrected. BY AGREEING TO THESE TERMS AND USING OUR SITE OR SERVICES, AND, IF APPLICABLE TO YOU AS A HELPER, SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO THE PERFORMANCE OF THESE PRELIMINARY SCREENS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE PRELIMINARY SCREENS TO BE PERFORMED, YOU SHOULD NOT USE MCH’S SITE OR SERVICES.
5.5 Verification. By registering as a Helper or Client, and, if applicable to you as a Helper, subject to your additional authorization, you authorize MCH, and acknowledge that for purposes of promoting the safety and integrity of its Site and Service, MCH reserves the right, but not the obligation, to utilize third party service providers to verify on an ongoing basis that your registration data is accurate and that the representations and warranties in Section 2 are also true (“Verification Checks”). These third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from national criminal databases, sex offender registries, certain media streams, fraud watch lists, law enforcement reports, and other data. You agree that MCH may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your access to the Site or Services, should it determine that you have violated any representation or warranty or any other provision of these Terms, or are otherwise determined by MCH, it its sole discretion, to be unsuitable for the Site or Services. You also hereby represent, understand and expressly agree that MCH does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. We do not typically communicate the results of a Verification Check to any third party, though we reserve the right to do so for law enforcement or other safety-related purposes in accordance with applicable laws. BY AGREEING TO THESE TERMS, AND, IF APPLICABLE TO YOU AS A HELPER SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW MCH TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE MCH’S SITE OR SERVICES.
5.6 Important Limitations About Background Checks; Release of Liability for Results of Background Checks, Preliminary Screens, and Verification Checks SPECIAL NOTICE FOR MASSACHUSETTS AND NEW HAMPSHIRE: Criminal County Searches conducted in Massachusetts and New Hampshire as part of the Criminal Records Check and the Criminal+MVR Records Check (for individuals who are believed to have lived in one or both of these states during the seven years preceding the background check request) search only the Superior Court and a single District Court in the county seat or its equivalent for each county listed below. Criminal records (including misdemeanors and felonies) from other courts in these states will not be searched. This is an illustrative, non-comprehensive, list of certain state and county limitations of the background checks offered through MCH; additional limitations may apply in certain jurisdictions, including on the federal level. For example, for many states only certain registered sex offender information is reported, and for many states, only a subset of felony convictions are reported (and not any misdemeanors, charges or arrest records). In addition to legal and reporting system limitations of background checks, each check is performed with the authorization of the person being checked, using information he or she provides, such as home address, social security number, date of birth, and name. If a candidate provides incorrect information, the check might be run with inaccurate identifying data, which can impact the validity of the criminal check. Finally, criminal records are not always reported accurately or promptly, and human and electronic error can result in inaccurate or incomplete reporting. Consequently, even the most comprehensive background check offered may not disclose the existence of all criminal records in all jurisdictions. If you decide to access, use, or share information provided by a Background Check, you agree to do so in accordance with applicable law. You also agree to release, indemnify and hold harmless MCH from any loss, liability, injury, death, damage, or costs that may result from your use of, reliance on, or sharing of the information contained in a Background Check regardless of the cause, including, without limitation, due to the inaccuracy or incompleteness of any such information. You expressly acknowledge that MCH has no obligation to perform Background Checks, Preliminary Screens, or Verification Checks on any users of our Site or Services. To the extent MCH performs such checks on certain users of our Site or Services, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the Services.
MCH reserves the right, in its sole discretion, to immediately terminate your access to all or part of the MCH Site and/or Services, to remove any content posted, and/or to terminate your account with MCH, with or without notice for any reason or no reason in its sole discretion, including without limitation if MCH should determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a Client or Helper, or have misused or misappropriated content. Upon termination, MCH shall be under no obligation to: (i) provide you with a copy of any content posted by or about you; or (ii) notify you of the reason, if any, for your termination. You understand and agree that, following any termination of any individual’s use of the Site or the Services, MCH has the right, but not the obligation, to send a notice of such termination to other Client or Helpers with whom we believe the individual has corresponded. Our decision to terminate an individual’s registration and/or to notify other users of our Site or Services with whom we believe the individual has corresponded does not constitute and should not be interpreted or used as information bearing on, the individual’s character, general reputation, personal characteristics, or mode of living.
MCH uses the information you provide on the Site or via the Services or in accordance with our Privacy Policy. For more information, see our Privacy Policy, the terms of which are incorporated herein.
Links from the Site to external sites (including external sites that are framed by MCH) or inclusion of advertisements and other third-party content on the Site or are provided pursuant to our Services, do not constitute an endorsement by MCH of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such third-party content, but are for users’ reference and convenience. MCH does not control third-party sites or content and is not responsible for them. Such sites and content are governed by their respective owners’ terms of use and privacy policies, and not these Terms or MCH’s Privacy Policy. MCH expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site or are provided pursuant to our Services. All users hereby agree to hold MCH harmless from any liability that may result from the use of links that may appear on the Site or are provided pursuant to our Services.
All information, materials, content and/or advice on the Site or provided through the Services is for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal or other advice. MCH expressly disclaims, and You expressly release MCH from, any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site or Services. You should consult with an appropriately trained specialist for all concerns that require professional or medical advice.
In order to utilize certain Services, Clients must pay for all services provided by referred Helpers at the rate negotiated between the Client and Helper, as well as a registry fee to be set by MCH, if applicable. In addition, the user is responsible for state or local sales taxes associated with the Services purchased, if any.
10.1 Billing and Payment
If you sign up for a Service that includes a recurring fee, you agree to pay all charges associated with the Service you choose, as described at the time you submit your payment information. You also authorize MCH, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of your chosen Service. MCH reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. To the extent you elect to purchase other Services we may offer for a non-recurring fee, you authorize MCH to charge your chosen payment provider for the Services you purchase. You agree that if MCH already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services you purchase.
10.2 Recurring Fees and Cancellation
ALL RECURRING FEE-BASED SERVICES WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY THE USER, AND YOU WILL BE CHARGED THE FEE ASSOCIATED WITH SUCH SERVICE AT THE INTERVAL SPECIFIED AT THE TIME OF PURCHASE, UNTIL YOU EXPRESSLY CANCEL THE SERVICE.
10.3 Refund Policy
Except as set forth in these Terms or as described on the Site at the time you make a purchase, all payments for Services made on or through the Site or Services are non-refundable, and there are no refunds or credits, provided that in the event a Client does not engage any of the Helpers referred to the Client by MCH, MCH will refund any initial deposit to the Client in full.
By using this Site or our Services, you hereby represent, understand, and expressly agree to release and hold MCH (and MCH’s officers, directors, shareholders, employees, parents, subsidiaries, franchisees, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, (collectively, “Affiliates”)) harmless from any claim or controversy that may arise out of:
MCH and its Affiliates expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown, from the above.
MCH’s Site and Services are intended for people 18 or over. MCH will not knowingly collect any information from individuals under 18. Should we determine that you do not meet the age requirements for using our Site or Services, your registration will be terminated immediately.
13.1 No Warranty
The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is,” “as available.” Further, Content, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by MCH, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. MCH DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN MCH; (3) WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MCH EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, MCH MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE OR SERVICES TO EMPLOY THE SERVICES OF A HELPER OR TO PROVIDE SERVICES AS A HELPER.
13.2 Assumption of Risk
While MCH takes certain steps to help promote the safety of our Site and Services, finding care or care-related jobs via an online platform like ours comes with certain inherent risks. We do not provide any training, supervision, or monitoring of Clients or Helpers, and we cannot guarantee that all of your interactions with other Clients or Helpers, their families, or others associated with them, will always be 100% safe and respectful. You agree to assume all risks when using the Site and the Services, including but not limited to injury, illness, death, and all other risks associated with interactions with Clients and Helpers. You also agree not to rely solely on steps MCH may take to vet or screen Helpers or Clients and/or their Content, or otherwise to promote the safety of the Site and Services. You further agree to take all necessary precautions, including but not limited to reviewing the recommendations set forth in MCH’s Client Handbook, when interacting with other users of MCH’s Site and Services, their families, and others associated with them.
13.3 Limitation of Liability
Incidental Damages and Aggregate Liability. In no event will MCH be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, or in connection with any termination of your ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if MCH, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL MCH’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE AMOUNT PAID BY YOU FOR SERVICES, OR, IF YOU HAVE NOT PAID MCH FOR THE USE OF ANY SERVICES, THE AMOUNT OF $50.00.
No Liability for non-MCH Actions. IN NO EVENT WILL MCH BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR OTHERWISE, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED USING THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR PROVIDED PURSUANT TO THE SERVICES, OR TRANSMITTED TO OR BY ANY CLIENT OR HELPER OR ANY OTHER INTERACTIONS WITH OTHER CLIENTS OR HELPERS, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF CLIENTS OR HELPERS WHO ARE USING THE SITE OR SERVICES UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU. In addition to the preceding paragraphs of this Section and other provisions of these Terms, any advice that may offered or provided within or through the Site or Services is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. MCH makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site or Services. If you have specific concerns or a situation arises in which you require professional, legal, or medical advice, you should consult with an appropriately trained and qualified specialist.
13.4 Indemnification
By agreeing to these Terms, users of the Site and Services agree to indemnify, defend and hold harmless MCH and its Affiliates from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys’ fees and costs incurred by MCH and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of: (i) materials and content you submit (including Content), post, transmit, or Provide through the Site or in connection with the Services, (ii) use of the Site or Services by you in violation of these Terms of Use or in violation of any applicable law, or (iii) any relationship or agreement formed with a Client or Helper using the Site or Services. Users further agree that they will cooperate as reasonably required in the defense of such claims. MCH and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of MCH. Users further agree to hold harmless MCH and its Affiliates from any claim arising from a third party’s use of information or materials of any kind that users post to the Site.
Consent to Electronic Communication
By using the Site or Services, you agree to allow MCH to communicate with you electronically, and you consent to electronic delivery of notices, documents, or products (including, without limitation, reports or copies of Background Checks, Verification Checks, and Preliminary Screens) from MCH, whether via the Site, mobile application, online messaging platform, or e-mail. You also agree to check your accounts associated with the Site and Services on a reasonably regular basis to stay apprised of important notices and information about your account.
MCH is not a referral, matching or placement service. MCH does not provide, refer, place, offer or seek to obtain employment or engagements for any of the users of the Website or the App.
WE DO NOT SCREEN OR VERIFY THE TRAINING OR EXPERIENCE OF ANY USER OF THE WEBSITE OR THE APP OR ANY CONTENT SUBMITTED BY A USER OR ANYONE OTHER THAN COMPANY (“USER CONTENT”), INCLUDING BUT NOT LIMITED TO, PROFILES AND REVIEWS. WE HAVE NO CONTROL OVER THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF PROFILES OF OUR USERS, REVIEWS, BACKGROUND CHECK INFORMATION, AFFILIATIONS OR OTHER USER CONTENT SUBMITTED ON THE WEBSITE OR THE APP AND MAKE NO REPRESENTATIONS ABOUT ANY SUCH USER CONTENT ON THE WEBSITE OR THE APP. WE MAKE NO FURTHER REPRESENTATIONS ABOUT THE HELPERS OR INDIVIDUALS SEEKING HELPER SERVICES (“CLIENTS”). YOU SHOULD MAKE YOUR OWN ASSESSMENTS OF THE PERSONS YOU DECIDE TO INTERACT WITH, ENGAGE, PROVIDE SERVICES TO OR RECEIVE SERVICES FROM.
With respect to Helpers, MCH conducts background checks to verify your account or registration information and the representations and warranties they have made. This may include, without limitation, using third party service providers to conduct criminal background checks or identity verification checks or to perform other background or verification services, and, using available public records, including information available on online social networks and other online sources, each to the extent permitted by law.
We are not involved in the transactions between Helpers and Clients. Users of the Website and the App arrange for the services solely between themselves, and MCH is not party to any of those service arrangements. We do not have control, supervise or provide any training or equipment to Helpers, and we have no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the services provided by Helpers. As such, you agree to release MCH from any claims or liability that may arise from any disputes between you and other users of the Website and the App.
Tax Implications
We are not an employment service and we do not serve as an employer of any Helper. As such, Helpers and Clients are solely responsible (and MCH is not responsible) for any tax, withholding or reporting, including, but not limited to, unemployment insurance, workers’ compensation, social security or payroll withholding tax or income reporting in connection with any services provided by Helpers. You understand and agree that if MCH is found to be liable for any tax, withholding tax or reporting obligation in connection with any services provided or received by you, then you will immediately reimburse and indemnify MCH for all costs, expenses and liabilities (including any interest and penalties) relating to the same.
Services
The Company enables you and other users to connect with and engage the services of independent Helpers who provide services as Third-Party Providers. These services are designed to facilitate the booking and coordination of services between you and the Helper.
Once you make a request for a Helper, MCH notifies available Helpers of the opportunity to fulfill your request. It is at the discretion of the Helper to decide whether to offer their services to you, and it is your decision whether to accept the services from a Helper. To ensure the safety and protection of both Helper and the families they serve, MCH is proud to offer occupational accident coverage as a required form of work injury protection. This means that in the event of a work-related accident or injury, Helpers are covered, providing them and you with peace of mind.
It's important to understand that MCH is not an elder care provider or employer of the Helpers. MCH solely provides the platform to connect you with independent Third-Party Providers offering services. Helpers are not agents, apparent agents, ostensible agents, or employees of MCH in any way. Any efforts or policies undertaken by MCH to enhance safety, security, or facilitate the provision of services by Helpers (whether required by regulations or not) do not establish an employment, agency, or related relationship between MCH and the Helpers.
By using the MCH Services, you acknowledge that the services are intended for personal, noncommercial use and that the relationship between you and the Helper is that of an independent contractor arrangement.
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