CarePair is a care provider matching site accessible to CarePair members via the internet and mobile phones. All features of the CarePair service can be accessed free of charge.
1. Terms of Access and Registration
The equipment (computer, software, telecommunications systems, etc.) used to allow access to CarePair shall be the responsibility of the Member, as shall the telecommunications costs incurred by its use. To be a CarePair member you must complete all mandatory fields appearing on the registration forms. When the conditions required for registration are met, each Member will have a identifier (username) and a password. These identifiers and passwords are strictly private and confidential and must not be passed on or shared with any third parties. If a Member disseminates or uses these elements in a manner deemed contrary to its original purpose, CarePair will suspend the member's account. The member shall be solely liable for the use of this identification information by third parties or for the actions or statements made through the member's account, whether these be fraudulent or not. The member holds CarePair harmless against all claims or damages relating to the identification information or the actions or statements made through the member's account (whether fraudulent or not).
In addition, as CarePair does not have the obligation or the technical means to check the identity of every person registered with its Services, CarePair is not liable in the event a member's identity is used by someone else. If the Member has reason to believe that a person is using his or her Member identification information or account, he or she must inform CarePair immediately.
2. Undertakings of CarePair
CarePair shall remotely and by electronic means supply an online care matching service via the Internet. CarePair's purpose is not to advise on or broker employment or vacancies. CarePair's activity does not include organising offline meetings or providing an electronic communication service to the public. Consequently, CarePair has no legal obligation to identify Members when they connect to the CarePair website or to monitor content published by Members. Because CarePair is technically unable to provide such services, CarePair does not undertake contractually to identify Members or to moderate the content published by the Members under their sole responsibility. CarePair shall not be held liable for false declarations made by a Member. Therefore, it is imperative that Members take certain precautions when arranging to meet up with another Member. CarePair shall not be held liable for any consequences of meetings between CarePair Members, on CarePair or during meetings between CarePair Members and/or non-Members as a consequence of the use of the CarePair website and App. In addition, on a first meeting, it is recommended that you tell someone close to you and choose a public place (coffee house, pub, restaurant etc.).
3. General Obligations
Each Member has the following General Obligations:
To act fairly in respect of CarePair and other Members.
To respect the intellectual property rights relating to content supplied by CarePair, other Members and/or third parties in connection with the use of the services.
To understand that they define solely the boundaries of their privacy and that it is their responsibility only to communicate to CarePair and to other members such personal information the dissemination of which they consider cannot cause them any harm.
4. Essential Obligations
The Member has the following Essential Obligations:
Not to use CarePair for professional or commercial purposes unrelated to the supply or demand of care services (canvassing, soliciting or prostitution) or for any non-care purposes.
Not to post, disseminate, or broadcast in any form whatsoever inaccurate or false information or content.
Not to make comments, propagate or disseminate in any form whatsoever content that contravenes the rights of others or that is defamatory, injurious, obscene, offensive, violent or inciting violence, political, racist or xenophobic and, in general, any content that is contrary to the purpose of CarePair, current rules and laws in force or acceptable norms and standards.
Not to mention on the CarePair website any personal information provided by a CarePair Member (such as an email address, mailing address, telephone number, etc.) enabling a Member to contact another Member without using CarePair.
Not to post, disseminate, or broadcast in any form whatsoever information or content that has the effect of diminishing, disorganising or preventing normal usage of the Services, or of interrupting and/or slowing down normal circulation of communications between Members through the Services, such information comprising, for example, software, worms, viruses, software bombs, mass mailing, etc. CarePair reserves the right to delete messages sent in mass mailings by a Member in order to maintain the quality of use of the Services provided to its Members.
Not to post, disseminate, or broadcast in any form whatsoever information or content that incorporates links to third-party websites that are illegal in character, contrary to what is generally acceptable and/or not in accordance with the principles of CarePair.
Not to post, disseminate or reproduce in any way any copyrighted material, trademarks or other intellectual property or proprietary information without obtaining the prior written consent of the owner of such proprietary works.
To use their password and/or ID only for their purpose of authentication for the Services. In this regard, the Member must not, without limitation, communicate, disseminate, share or make accessible, in any way, their passwords and/or IDs to any third party, unless assistance is essential.
Failure to comply with the Essential Obligations as set out above shall constitute a serious breach by the Member of their obligations. CarePair shall, where the Member fails to comply with one or more of these Essential Obligations, be entitled to terminate the contract and will definitively delete the account of the Member concerned. Furthermore, CarePair may (at its sole discretion) prevent a Member from re-registering in the event of a breach of one or more of these Essential Obligations. 5. Content broadcast by CarePair
The trademarks (including CarePair and “Putting People Together”), logos, graphics, photographs, animations, videos and texts featured on the CarePair website and in the CarePair Service are the intellectual property of CarePair or its partners and may not be reproduced, used or represented without the express permission of CarePair or its partners, under threat of legal action. The rights of use granted by CarePair to the Member are strictly limited to accessing, downloading, printing and reproduction on all media (hard disk, floppy disk, CD-ROM, etc.) and to use of these documents for private and personal purposes in the scope of and for the duration for of the Member's membership with CarePair. Any other use by the Member is prohibited without the authorisation of CarePair. In particular, the Member is prohibited from modifying, copying, reproducing, disseminating, transmitting, exploiting for commercial gain and/or distributing in any form whatsoever the Services, the CarePair website pages or software codes for elements comprising the CarePair app and website.
6. Content provided by Members
The Member grants CarePair a licence to use the intellectual property rights attached to the content provided by the Member for the purpose of broadcasting on the CarePair website. This licence in particular incorporates the right for CarePair to reproduce, represent, adapt, translate, scan, use for publicity purposes, commercial or non-commercial, sub-licence or assign the content concerning the Member (information, images, videos, descriptions, search criteria, etc.) on all or part of the CarePair Services (on the CarePair website or app) and/or in mailings sent by CarePair and, in a general manner, on all distribution media, in particular electronic (email, text messaging, MMS, WAP, Internet, CD-Rom or DVD-Rom).
The Member expressly authorises CarePair to modify this content in order to conform to the look and feel of the CarePair Services and/or other communications media above, and/or to make this content compatible with its technical processes or appropriate media formats. These rights are worldwide and exist for the entirety of the agreement set out in these terms and conditions between the member and CarePair. The Member is prohibited from copying, reproducing or otherwise using for any purpose the content relating to other Members, except for the explicit requirements for usage of the Services for the Member's own strictly personal and private use.
7. Information and content supplied by the Members and indemnity
Correspondingly, CarePair cannot be held responsible for content distributed by a Member that might contravene the rights of one or more other Members or third parties. The quality demanded of the CarePair meeting Service by both CarePair and its Members necessitates compliance with certain ethical standards in Members' expression and behaviour, respect of third parties' rights, and compliance with applicable laws and regulations. In the scope of this requirement for quality, individual responsibility and ethics, CarePair allows Members to notify CarePair, on the CarePair website, of the data (photograph, text, video), behaviour, or words of a Member which seem to them to infringe applicable laws or regulations, the image or the purpose of the CarePair Service, the rights of any third party, or general good standards.
8. Limitation of responsibility
A Member may at any time and without the need to provide any reason end their registration with CarePair by requesting the closure of their account in the area of the CarePair website designated for such purposes. Such request shall be deemed effective from the first working day after receipt by CarePair of the request for closure of the account concerned. Without prejudice to the other provisions hereof, where the Member commits a serious breach, CarePair will terminate the Member's account without prior notification or warning. Such termination shall have the same effects as a termination by the Member.
10. Agreement between the Member and CarePair