Elder Terms and Conditions of Service for Customers

THESE TERMS AND CONDITIONS constitute a binding legal agreement between you (“Customer,” “Care Recipient,” “Family” “you,” or “your”) and Elder Technologies Limited (“Elder,” “we,” “us,” or “our”), a company registered in England and Wales. 

The Terms govern your use of our software applications, websites, and services that facilitate the connection between Care Recipients and Self Employed Carers for the provision of in-home personal and unregulated care services (collectively, the “Elder Services”). 

By using or accessing the Elder Services, you agree to be bound by these Terms. If you do not agree with these Terms, you may not use the Elder Services.

Elder may revise these terms of use at any time by updating this posting.  You should check the Website from time to time to review the current terms of use because the up to date terms of use are the ones that will be binding on you

1. Nature of the Service

1.1 Elder is an online marketplace platform and mobile application that connect persons (Customers/Family) who are looking to engage self employed carers , to provide in-home personal care, and self employed carers (Carers) who are part of Elder’s network who want to provide personal care services. 

1.2 Elder is an Introductory Agency. Elder provides an online marketplace to facilitate the process of finding and hiring self employed carers, to provide a secure means for handling payments and markets and introduces carers to customers. Elder is not permitted to make changes to a Care Recipient’s care plan, provide rotas or effect direction and control over the delivery of care. For the avoidance of doubt this is always the responsibility of You. 

1.3 Elder operates as an Employment Agency in accordance with the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the “Conduct Regulations”). We introduce and match self-employed carers to customers based on the care needs provided by You, with a view to the Carer providing care services directly to You on a self-employed basis.

For the avoidance of doubt, Elder:

(i) Does not employ Carers;

(ii)Does not provide employment services in the sense of hiring or managing Carers as employees;

(iii) Does not recommend or guarantee the suitability of Carers, beyond making introductions based on the information provided;

(iv) Does not find employment for Carers, but facilitates introductions for the purpose of enabling Customers to contract directly with self-employed Carers.

All Carers introduced by Elder operate under a self-employed arrangement and enter into a direct contract with the Customer for the provision of care services.

1.4 Carers on Elder’s platform do not carry out regulated or nursing care, they only carry out tasks related to personal care. In the context of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, personal care is defined as the physical assistance or prompting and supervision related to specific daily living activities for individuals who are unable to perform them independently.  

1.5 Registering and creating an account with Elder is free. There is no charge for a family to post care vacancies or to review content, or for Carers to review posted care vacancies.

1.6 Elder may use third party providers to:

(a) cross-check the validity of the identity information supplied by the Carer against multiple public and privately-held data sources;

(b) perform a non-exhaustive background check of the information supplied by the Carer against multiple public and privately-held data sources.

1.7 The Platform connects Customers with Carers.  When a vacancy is booked, a binding agreement is created between the You and the Carer.  Elder is not a party to that agreement. Elder does not and cannot control either the Customer or the Carer, the services provided (or not provided) or the quality or timing of those services and disclaims all liability for such.

1.8 At its absolute discretion, Elder may refuse to allow any person to register or create an account with Elder or cancel or suspend any existing account if it reasonably forms the view that the User’s conduct or presence on the Elder Platform, including a breach of User Obligations, is detrimental to the operation of the Elder Platform and/or the security, welfare or experience of other users. Elder may monitor communication made on the Platform between users for this purpose – see our Privacy and Cookie Policy.

1.9 We operate what we call a ‘self-managed model of care’ via Elder Technologies Ltd.  During any placement, the Self Employed Carer works directly for You.

1.10 Elder is able to facilitate an introduction to Carer’s providing the following:

1.10.1 Live in Care – Live within your home for the duration of the Placement

1.10.2 Visiting Care – Visit your home from as little as 1 hour per week


2. Elder obligations

2.1 Elder shall (subject to availability) provide systems:

  1. Which may facilitate the Introduction of a Self Employed Carer via matching services;
  1. Via which Customers can connect and communicate with Carers.  

2.1.1 Elder shall not be responsible for reviewing or policing Customer and Carer’s content/communications and so it is possible that the communication platform may contain offensive, harmful, inaccurate or otherwise inappropriate material.

2.1.2 The Communication Platform is intended to allow Customers and Carer to send and receive messages and material that are legal, proper and related to the Communications Platform. The Customer therefore warrants:

  1. that it will exercise proper judgment when using the Communication Platform; 
  2. it shall only send and receive messages and material that are legal, proper and related to the care of the Care Recipient.

2.1.3 Elder does not guarantee the truthfulness, accuracy, or reliability of any communications posted in the Communications Platform or endorse any opinions expressed in the Communications Platform. Customers should take all due care in relying on material posted in the Communications Platform, as this is done at the Customer’s own risk.

2.2 Platform availability – Elder endeavors to ensure the Platform is normally available 24 hours a day, Elder shall not be liable if for any reason the Website is unavailable or for any period.  Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Elder’s control.

2.3 Background checks. Elder checks the backgrounds of each Self Employed Carer via third party background check Services; however, Elder does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such Carers. It is the sole responsibility of each Carer and not Elder, to determine whether they are qualified and capable of completing a particular Placement. The final responsibility for any decision to engage a Carer rests with the Customer, who is therefore strongly advised to check details, documentation (including right to work documentation) and references personally. 

If, within a period of three months from the date of introduction of a Carer to a Customer, Elder receives or obtains information that gives reasonable grounds to believe the Carer is or may be unsuitable for the Placement in which they have been engaged, Elder shall inform the Customer of that information without delay and in any event on the same day or, where that is not reasonably practicable, on the next working day.

2.4 Emergency/Safeguarding. Elder operates with a firm commitment to safeguarding adults at risk, in line with our obligations under UK law. We believe every adult has the right to live safely, free from abuse and neglect. To uphold this principle, Elder has appointed a Designated Safeguarding Lead and maintains robust safeguarding protocols.

All parties agree that where there is a concern regarding the safety or well-being of a Care Recipient, the following actions must be taken:

(i) Immediate Risk: If a Care Recipient is in imminent danger, emergency services must be contacted immediately by dialling 999.

(ii) Safeguarding Concerns: Any concerns relating to abuse, neglect, or harm should be reported to the relevant local authority. You can identify the appropriate local authority using the “Find Your Local Council” service via postcode.

(iii) Criminal Conduct: Suspected criminal activity (e.g., theft, assault, or serious neglect) must be reported to the police. Call 999 in emergencies or 101 for non-urgent matters.

In addition, any safeguarding concerns should be reported directly to Elder by emailing [email protected]. Emails are monitored Monday to Friday during business hours. Self-employed carers may also raise concerns via the CareLogs section on the Elder Hub. All reports are reviewed by Elder’s Designated Safeguarding Lead, who will take appropriate action and liaise with external authorities where necessary. Serious concerns are typically reviewed within 3 business hours.

Where concerns relate to the conduct of a self-employed carer, Elder will follow its safeguarding and quality assurance procedures. All safeguarding matters are overseen by Elder’s Integrated Governance Committee, which includes senior leadership and operational roles, and meets weekly to review and address active safeguarding cases.

3. Customer obligations

3.1. It is the sole responsibility of each Customer to ensure that they are satisfied with the suitability, qualifications and capability of each Self Employed Carer for their placement, including checking any Carer’s Right to Work documentation which will be made available to You on request by Elder. When You book a Placement or deal with a Carer, You should ensure that You agree to use common sense and caution to ensure protection of personal property and safety, including by supervising Carers as You would supervise anyone who provided a service to You that You did not know. 

3.2 When creating and editing their profile, Carers are able to credit themselves as being DBS certified. In order to ensure the safety of our customers, carers on the Elder platform are required to have an enhanced DBS or PVG no older than 3 years and 10 months. Background checks form part of our application process, and carers cannot gain access to the Elder platform without one.

We prompt self-employed carers to start the process of renewing their certificates from 24 months of issue. Once a certificate reaches 2 years and 10 months, they won’t be able to view nor apply for work opportunities, and will only regain access to placements once a renewed certificate is provided.  For the avoidance of doubt we do not undertake verification of this certification nor ongoing monitoring to ensure its continued validity, unless where expressly stated as above.  In all other instances, the onus for verifying the validity of this accreditation falls entirely on You.

3.3 When creating their Elder profiles, Carers are required to submit two references onto the Elder platform as part of their sign-up process. Elder’s platform collects these references electronically and a referee’s submission is reviewed before a Carer’s account is activated on the platform. Elder does not speak in person to the individual referees. The onus for verifying the validity of a Carer’s specific reference – be it the one provided as part of their sign-up process, or any other reference they provide the parent with –  falls entirely on You.

3.4 Clauses above explain the extent of the checks that we make in relation to Carers and Customers.  We do not carry out further verification of Carers, Care Recipients or their profiles.  You should make your own assessment of the people you decide to interact with through the Website, whether you are a Customer or a Carer  You must rely on your own judgement and common sense.  The checks that we have carried out and made available through the Website are only part of this process.  Elder accepts no responsibility for the accuracy or completeness of any profile on the Website as we do not check them.  We do not accept responsibility for the accuracy or completeness of any of the checks made in clauses above, nor the validity of Carer profile information outlined in these clauses to the extent that we have been deliberately misled by the individual in question, and/or to the extent that the source of 3rd party information used was inaccurate.

3.5 LIVE-IN CARE

Live-in Self Employed Carers have various rights pursuant to the law, and You hereby agree to provide each Self Employed Carer :

3.5.1: a minimum break of 2 hours per day within daylight hours with the ability to leave the property and be undisturbed. At the request of the Self Employed Carer, it is permissible for these breaks to be banked to provide a longer individual break but the minimum duration is 14 hours over 7 days; and

3.5.2: sanitary living conditions must  include (i) a private bedroom and suitable bathing and toilet facilities; (ii) basic appliances in good working order (iii) clean bedding and (iv) provision of ample food. In respect of (iv), we recommend a minimum sum of £40 per week for the cost of the Self Employed Carer’s food.

3.6 VISITING CARE

Visiting Self Employed Carers: You and each Visiting Self Employed Carer will be responsible for agreeing hours and duties directly on any placement, and Visiting Self Carers may not be entitled to a break

3.7  You will carry out risk assessments of the services to be undertaken and notify the Self Employed Carer immediately of any specific or potential hazards relating to the engagement and any precautions the carer should take in relation to such risks;

3.8 You will not allow the Self Employed Carer to undertake any work that is hazardous without first undertaking a risk assessment and notifying the Self Employed Carer of any risks identified;

3.9 You will if applicable, make clear to the Self Employed Carer what rules (including but not limited to health and safety, site and security policies, procedures and regulations) apply in respect of the location;

3.10 You will ensure that any and all equipment, and protective clothing are in good order and are suitable, safe and comply with all relevant health & safety legislation;.

3.11 There are certain tasks your Self Employed Carer cannot carry out. You agree and acknowledge that you will not direct the Self-Employed Carer to undertake tasks and activities which are prohibited when engaging a Carer on the Elder platform. 

Specialist care tasks that fall outside of the services of the platform include: 

  • STOMA care
  • Catheterisation
  • PEG care 
  • Wound Care
  • Ventilation, Oxygen Support, BiPAP or CPAP Support
  • Unstable Epilepsy
  • Controlled Drug Administration
  • Covert Medication Administration
  • Glucose readings via finger pricks
  • Injections
  • Pessaries, Enemas, Suppositories
  • Active addiction interventions
  • Acute mental health disorders
  • Any actions which could be considered a deprivation of liberty (e.g. locking doors to prevent someone from leaving their home)

3.12 You acknowledge and agree that you have read, understood, and will comply with the guidance set out in Schedule 1 to these Terms and Conditions. The provisions of Schedule 1 form an integral and enforceable part of this agreement and shall have full contractual effect as if expressly incorporated in the body of these Terms.

4. Insurance

4.1 It is for You to ensure that Your household and motor insurance provide sufficient cover for You and the self-employed carer during any Placement. 

4.2 It is for You to ensure that any self-employed carer attending the Placement has the correct and any additional insurance as required by You.

4.3 Elder has a £5,000,000 public liability policy with Camberford Law PLC (the “Policy”). The Policy covers each self-employed carer only for any accidental damage which may occur when they are in Your property. The Policy includes a £500 excess in relation to any claim for accidental damage to property and this will be for You to pay, if any claim is made.

5. Fees

5.1 You agree to pay Elder the total Placement Fee (inclusive of VAT, where applicable) for each booking made with a Carer through the Elder platform.

5.2 The Placement Fee is made up of two components:

The Service Fee: This is the amount payable directly to the self-employed Carer for the delivery of care services. The Service Fee reflects the maximum agreed rate accepted by the Carer for the specific placement.

The Elder Booking Fee: This is the fee retained by Elder for facilitating the placement and providing platform services. It covers, but is not limited to:

(i) Conducting safety, identity, compliance and background checks on Carers; maintaining platform safety, safeguarding processes, and data protection standards;

(ii) Providing and maintaining the technology platform, including access to matching tools, the booking system, and customer support services.

Elder determines the Booking Fee at its sole discretion and may revise it from time to time. The applicable Booking Fee will always be reflected in the total Placement Fee displayed at the point of booking.

5.3 All Placement Fees are collected by Elder on behalf of both parties via a third party payment provider. Upon receipt of payment, the Service Fee is distributed to the self-employed Carer and Elder retains the Booking Fee. You acknowledge that Elder acts as an agent for the Carer in collecting the Service Fee.

5.4 Placement Fees are non-refundable unless You cancel the booking with a minimum of 48 hours’ notice prior to the scheduled start time. Any cancellations made within 48 hours of the scheduled start time will remain chargeable in full. 

5.5 You are liable for any and all taxes (other than taxes based on Elder’s income) related to the Placement performed by Self Employed Carers, apart from Self Employed Carer’s own income tax accountability which is met directly by each Self Employed Carer.

5.6 Elder will charge You for placements through the payment method specified in Your account (e.g. a credit card or debit card). If You pay any applicable Fees with a credit card, Elder may seek pre-authorisation of Your credit card account prior to the Placement starting to verify that the credit card is valid and has the necessary funds or credit available to cover Your requested Placement. 

5.7 You agree to Elder authorising any designated credit card, or debit card or other payment method or account to pay any Fees described herein, and authorise Elder to charge all sums due at any time to that designated account. You agree to provide Elder as soon as possible with updated information regarding Your designated credit card and account or upon Elder’s request and any time the information earlier provided is no longer valid.

5.8 You are responsible for ensuring all billing and contact details are up to date to ensure invoices sent by Elder are accurate,  and payments received by Elder are on time, with no delay.

5.9 Elder reserves the right to charge You an additional administration fee of £25 if the payment details You have provided become out of date, and You have not provided Elder with new payment details within 5 working days, or immediately upon request by Elder.

5.10 You agree to pay all invoices issued by Elder within seven (7) days of receipt. If payment is not received by the due date, Elder reserves the right to charge interest on the overdue amount at a rate of 4% per annum above the Bank of England base rate, calculated daily from the due date until the date of actual payment, whether before or after judgment. Elder may also recover reasonable costs incurred in recovering any overdue sums.

5.11 Where, at the Customer’s instruction, Elder agrees to accept payment from a third party (including, but not limited to, a local authority or other funding body) in respect of part of the Placement Rate or associated fees, this shall not affect the Customer’s overall liability for the full amount payable under this Agreement. Such arrangements are typically made where the Customer has secured external funding but do not create a contractual relationship between Elder and the third party.

The contract for services and all associated payment obligations remain solely between Elder and the Customer. Accordingly, the Customer shall remain liable for the full payment of all amounts due, regardless of whether any third party fails or delays in making their agreed contribution. It is the Customer’s responsibility to make arrangements with, and seek reimbursement from, any such third party. Elder shall not be responsible for pursuing or recovering any unpaid contributions from third parties on the Customer’s behalf.

5.12 For the purposes of these Terms, an “Introduction” includes any situation where a Self-Employed Carer is placed with You or the Care Recipient by Elder, or where Elder has otherwise provided You with the Carer’s identity or details in relation to a potential Placement.

You agree not to engage, contract with, or otherwise make use of the services of any Self-Employed Carer who has been Introduced to You by Elder, other than through the Elder platform, for a period of six (6) months from the later of (a) the end of the most recent Placement of that Carer with You or the Care Recipient arranged through Elder, or (b) the date of Introduction where no Placement has taken place.

If You do engage a Self-Employed Carer in breach of this clause, Elder reserves the right to charge You a fee equivalent to the total fees that would have been payable for six (6) months of care provided by that Carer through the Elder platform. This fee will become due and payable immediately upon receipt of invoice.

6. Termination

TERMINATION BY ELDER

6.1 If You violate any of the Agreement Terms, Your permission to use the Services will automatically terminate with immediate effect. 

6.2 You also agree that Elder may, at any time and without notice to You, suspend or revoke Your access to and use of the Services, and any account(s) You may have in connection with the Services: (i) for any reason or no reason at all; (ii) where Elder determines at our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of the Elder or any third party; or (iii) in connection with any general discontinuation of the Services. We also reserve the right to modify the Services at any time without notice to You. 

6.3 Please note, that whilst the matter remains at Elder’s sole discretion, Elder is likely to terminate this Agreement, and reserves its rights to do so, if You fail or delay to make payments of 4 invoices in succession; fail or delay to make payment for a period of 4 weeks or more; or over a period of 6 months prior to termination, the account held by You has fallen into arrears on more than 2 occasions.

6.4 Notification will be made by Notice by Elder to You at the email address provided by You and/or by letter by Royal Mail

6.5 Elder will have no liability whatsoever as a result of any change to the Services or any suspension or revocation of Your access to or use of the Services. 

TERMINATION BY YOU

6.6 You may terminate this Agreement, and Your account with Elder, at any time by contacting customer Services at [email protected], providing Elder with a minimum of 14 days’ notice of Your intention to do so. Any termination made by You without providing the minimum notice, may incur a financial penalty over any costs incurred by Self Employed Carer in the Placement, and You will be liable for all sums due up to and including the date of termination.

6.7 If You choose to cancel the Services, You are still liable to Elder for payment of all Services undertaken or due to be undertaken by Elder or the Self Employed Carer on Your behalf.

6.8 Elder reserves the right to charge You (at its sole discretion) in full for all and any part of the Services undertaken on Your behalf for the whole of the Notice Period. Such Notice Period charges will be added to Your final invoice, and will be due and payable by You in full within 7 days after the last day of the Notice period, or within 14 days of the last day of the provision of the Services, whichever is sooner.

6.9 If You choose to engage any Self Employed Carer directly (in contravention of the Terms of this Agreement) You become immediately liable to Elder for the Fees equal to six (6) months’ Fees for the Self Employed Carer’s Placement with You or any other Customer or Care Recipient.

7. Indemnity

You agree that You will be personally responsible for Your use of the Services, and You agree to defend, indemnify and hold harmless Elder and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable solicitors’ and accounting fees and costs, arising out of the use of the Services by You, the Care Recipient, or anyone on Your or their behalf. 

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with our defence of such claim. You will not, in any event, settle any claim, prospective, litigated, or other related matter without our written consent

8. Use of the Services Is Entirely At Your Risk

8.1 You expressly understand and agree that Your use of the Services is at Your sole risk and that the Services is provided “as is” and “as available”. Elder expressly excludes all warranties and conditions, (whether implied by statute, common law or otherwise and including any warranty as to fitness for purpose and satisfactory quality, and non-infringement) to the maximum extent permitted by law.

8.2 When You use the Services to request and have an self-employed carer perform a Placement, You understand and acknowledge that no self-employed carer has any authority to make any amendments to this Agreement  and that any statements, representations, or warranties made by a self-employed carer or any third party are disclaimed by Elder and do not expand or otherwise modify this Agreement. Elder makes no representation or warranty regarding the identity, quality, reliability, safety, completeness, or fitness of self-employed carer.

8.3 Once any Placement starts, the self-employed carer engaged in that Placement works directly for, and under the direction of, You.

9. Limitation of Liability and Release

9.1 To the extent permitted by applicable law, Elder will not be liable  to You in connection with Elder’s performance under this Agreement, including (but not limited to) liability for loss of profits and other consequential losses. 

9.2 Elder’s liability to You in respect of the Services or any Placement will not exceed the total price paid by You for the Placement, whether such cause of action is brought in contract, tort, warranty or otherwise.

9.3  Except in the case of death or personal injury caused by Elder’s negligence, Elder’s liability under or in connection with this Agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the level of any Fees paid by You to the Company in the last six months under these Terms and Conditions.

9.4 Neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty nor otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill. 

9.5 The limitations of damages set forth above are fundamental elements of the basis of the bargain between Elder and You.

9.6  Nothing in this Agreement shall limit any rights You might have as a consumer or other statutory rights that may not be excluded by law, nor exclude or limit our liability to You for any death or personal injury resulting from our negligence.

  1. General Prohibitions

You agree not to do or attempt (or request that any third party do or attempt) any of the following during or in connection with Yours (theirs, or anyone’s) use of the Services:

  1. circumvent or attempt to circumvent any access or use restrictions, data encryption, or content protection related to the Services;
  2. engage in spidering, screen scraping, database scraping, harvesting of email addresses, wireless addresses, content available through the Services, including Content, other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Services, including without limitation any information residing on any server or database connected to the Services;
  3. copy, modify or distribute the computer code used to generate web pages on the Services (other than as may be expressly permitted under a separate license agreement);
  4. access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;
  5. probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;
  6. access or search the Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Elder or other generally available third party web browsers;
  7. send unsolicited email, bulk email, junk mail, spam or chain letters, or promotions or advertisements for products or Services, including without limitation those which are designed to promote, directly or indirectly, a product or Services with which You have a business relationship or other commercial connection;
  8. in any way use the Services to send altered, deceptive or false source-identifying information;
  9. decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
  10. interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site or the Services;
  11. impersonate or misrepresent Your affiliation with, or Your lack of affiliation with, any person or entity;
  12. use the Services in violation of Elder’s or any third party’s intellectual property or other proprietary or legal rights;
  13. use the Services in violation of any applicable law or request that a self-employed carer provides a Services which would violate applicable law; or
  14. upload, post, email, transmit or otherwise make available materials that infringe or misappropriate any patent, trademark, trade secret, copyright or other proprietary rights of any party; 
  15. Induce, entice or otherwise encourage (or allow anyone on your behalf to induce, entice, or otherwise encourage) any self-employed carer to leave Elder Services or Elder Platform and work directly for You, the Care Recipient, anyone on your or their behalf, or any related third party.
  1. General

11.1 This Agreement, together with the Privacy Policy constitutes the entire and exclusive understanding and agreement between You and Elder regarding Your use of and access to the Services, and except as expressly permitted above may only be amended by a written agreement signed by or on behalf of each Party. 

11.2 You may not assign or transfer the Agreement  or Your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent from Elder. Elder may assign its rights under this Agreement, but shall not assign or subcontract its obligations under this Agreement to any other person or agency without Your prior consent. 

11.3 In the event that any part of the Agreement is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

  1. Events beyond Elder’s control

Elder shall have no liability to You for any failure of the self-employed carers to perform the Placement You have ordered, or any delay in doing so that may be caused by an event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, pandemic, acts of terrorism or accident.

  1. DISCLAIMER

13.1 While Elder endeavours to ensure that the Content is correct, Elder does not warrant the accuracy and completeness of the Content. Elder may make changes to the Content at any time without notice. The Content may be out of date and Elder makes no commitment to update such material.

13.2 The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Elder provides you with the Website on the basis that Elder excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these terms of use, might have effect in relation to the Website.

  1. Miscellaneous

Except for our affiliates, directors, employees or representatives, a person who is not a Party to the Agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 (“Act”) to enforce any time. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.

 

  1. Governing Law

This Agreement shall be governed by the laws of England and Wales  and Parties agree to the exclusive jurisdiction of the courts of England and Wales.

 

  1. Agreement of Parties

Please note that these Terms and conditions may be changed by Elder at any time, and at Elder’s sole discretion. Elder will either inform You of those changes by email, or will post any changes to these Terms on Elder’s Site, or both. Once the Terms have been made available and intimated to You, they will become immediately effective, and Your contract with Elder will be based on those updated Terms.

By using Elder’s products and services You are hereby agreeing to Elder’s Terms and to this Agreement. You are confirming Your agreement to form a binding contract with Elder to provide the Services as described to You.

Schedule 1 – Carer Guidance

Additionally, you agree that you acknowledge the following advice and guidance: 

3.11.1 On mobility

If the Care Recipient falls, the carer should avoid lifting them to prevent potential harm to both the Care Recipient and the carer. Seeking advice and support by contacting 111 is recommended. 

3.11.2 On catheterisation

Carers should be thought of as an extension of a family member. A carer’s primary role is to provide ‘personal care’ and that this is fundamentally different from nursing care. Tasks such as catheterisation would fall outside of what any carer – regulated or introductory – would be able to provide and would instead be provided by a District Nurse as part of a local primary care package.

Please be advised that carers should do no more than empty a leg bag and attach a night bag to a leg bag. District Nurses should attend to change the leg bag weekly as this must be done using an aseptic non-touch technique to reduce the risk of infection.

District Nurses should be available to support if any complications occur. Please share with your carer their contact details.

3.11.3 On skin integrity and wound care support

Wound dressings and managing long term open wounds require specialist medical training and would typically fall to a District Nurse team working within the guidance of a local GP surgery. Carers may be able to support with grazes and abrasions which would need temporary coverings for comfort but they are not nurses. Carers can support as part of a package of care that includes a district nursing team but they cannot be a replacement for a district nurse where that care is needed.

3.11.4 On medication

Carers should be thought of as an extension of a family member. A carer can support a care recipient to self administer medication by prompting, reminding and helping remove medicines from packaging. Carers can also administer medication as this is permitted within their personal care role where no nursing care is provided.

As Elder are unable to direct, monitor or manage medication administration you should consult the prescriber to ensure they are satisfied that the medication will be administered correctly by a carer, just as you would do if you yourself were going to be taking on this role.

Please note that self-employed carers sourced via the Elder Platform are prohibited from administering:

Controlled drugs

Injections

Suppositories

Pessaries

Enemas

Please also be advised that there are higher risks associated with a self employed carer administering liquid medication, patches, eye drops, topical treatments, inhalers and sprays.

3.11.4 On nail care

Please be advised that carers should not cut nails due to high risk of harm and infection. A chiropodist should be arranged for toenail care beyond filing.

3.11.6 People who menstruate and need support with intimate hygiene

Intimate personal care is hands-on physical care in personal hygiene. When undertaking intimate personal care tasks for people that menstruate or handling soiled material where hands or clothing could be contaminated by a body product, carers must wear appropriate PPE to include a disposable plastic apron and appropriate gloves. All waste contaminated by body products must be disposed of promptly.

 

Self-employed carers are not to insert contraceptive devices, tampons, or menstrual cups due to the invasive nature of this procedure.

3.11.7 No Specialist Care Provision: As a Self-Employed Carer on the Elder platform you will not be expected to undertake any duties which are nurse-led, require specialist training, or any for which you feel you can not undertake safely.

3.12 When you register with us and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password. If you become aware of any unauthorised use of your account, you must notify us and you should change your password immediately. You are solely responsible for all activities that occur under your password and/or account. You shall not permit anyone else to use your account.

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