TERMS AND CONDITONS
Welcome to www.lifecare.sg (the “Site”) operated by Astralink Technology Pte Ltd. (“Astralink Technology”, “LifeCare” , “we”, “us” or “our”). We provide our visitors and members (collectively, “You”, “Clients”, “Seniors”, “Next-of-kin”, “Relatives”, “Caregivers”, “Users” or “Your”) with a online platform designed to connect families looking for home care services and data analysis based on LifeCare devices / sensors installed at Users’ home.
Your use of LifeCare’s products, software, services and web sites (referred to collectively as the “Services”) is subject to these terms and conditions (the “Terms and Conditions”) and form a binding agreement between You and LifeCare. Please review the following terms carefully. Each time You access the Site or use the Services, You are agreeing to be bound by these terms, whether You are a “Visitor” (which means that You simply browse the Site), or You are a “Member” (which means that You have established an account with us (Your“Account”)). If You do not agree to all of these terms, LifeCare is unwilling to grant You access to the Site or Services, and You must cease access to the Site and Services immediately. The Lifecare Privacy Policy, available at www.lifecare.sg/privacy, is incorporated into these Terms and Conditions and together may be referred to as the“Agreement” herein.
LifeCare is a smart home care platform with a community of caregivers. LifeCare also has a built in data analytics that analyzes data from sensors collected via gateway installed in Users’ home for activity pattern profiling, etc.
LifeCare is not the employer of the Caregivers. The Caregivers may be your employee or an independent contractor depending on the relationship you have with him or her. If you direct and control the manner and means by which the domestic worker performs his or her work you may have employer responsibilities, including employment taxes, CPF and workers’ compensation, Singapore law. We do not hire, train or set rates for our caregivers. However, we do charge a upfront fee based on every successful match and job completion. For additional information of employment CPF, please visit www.cpf.gov.sg
Resolution of Dispute
In the event that a Clients complains about the quality of the services rendered, breakage, theft, or any other problem occurring in or on the premises where Caregiver rendered service, it is the sole responsibility of Caregiver to resolve the matter directly with the client and not with Astralink Technology Pte Ltd. If any such complaints are received by Astralink Technology Pte Ltd, Astralink Technology Pte Ltd agrees to promptly inform Caregiver in order for Caregiver to be able to resolve the matter directly with the Client. Caregiver releases Astralink Technology Pte Ltd, its owners, officers, directors, employees from any and all liability and/or damages claimed or incurred in relation to or as a result of Caregiver’s provision of services pursuant to this Agreement.
Ownership
You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site or Services (“Our Technology”) are:
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Copyrighted by us and/or our licensors under Singapore and international copyright laws
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Subject to other intellectual property and proprietary rights and laws
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Owned by us or our licensors. Our Technology 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 of Our Technology. Certain of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, trade names, service marks or logos (“Marks”) of LifeCare or other entities. You are not authorized to use any such Marks.
Rules regarding Information and Other Content
When You access the Site and/or Services, You obtain access to various kinds of information and materials, all of which we call “Content.” Content includes information and materials posted to the Site or through the Services by You and other Members. You are entirely responsible for each individual item of Content that you post, email or otherwise make available on the Site or the Services. You agree not to revise Content posted by others, and You represent and warrant that You will not post or use any Content in any manner that:
Violates the privacy, publicity, or other rights of third parties, including other Members; Violates any law, statute, ordinance or regulation, including laws regarding anti-discrimination and false advertising; Is discriminatory, false, or harmful in any way as determined by us in our sole discretion;
General Rules of User Conduct
It is our goal to make access to our Site and Services a good experience for Visitors and all of our Members. Correspondence between Members is for the sole purpose of connecting Caregivers and other Members for purposes relating home care. If You receive the personal information of any other Member through the use of the Services, You may use the information solely as necessary to conduct a transaction through the Site and Services. You may not use another Member’s personal information for any other purpose. You agree not to, and represent and warrant that you will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, use of the Site or Services or access to the Site or Services for any purposes other than for which the Site or Services are being provided to You, or do any of the following:
Recruit, solicit or contact any Member for employment or contracting for a business not affiliated with LifeCare; Contact other Members for any purpose other than as set forth in this Terms of Use;
Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site; Attempt to gain access to secured portions of the Site or Services to which You do not possess access rights;
Payments
The Site and certain basic Services of LifeCare are currently on trial for Members and monthly subscription fees will be charged after LifeCare goes Live. By using our Services, Clients agrees to pay LifeCare at the fees then in effect unless specifically notified otherwise. LifeCare reserves the right, at any time, to modify its fees and/or billing methods.
When a User is ready to begin working with a Caregiver, it will provide the following information through the Site:
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Caregiving, clinical skills, care and services requested to be provided by the Client
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Personal information
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Credit Card / Paypal (Only applies when site goes Live)
At the end of each working shift a receipt is created online for each Client to whom the Caregiver provided care during such period;
LifeCare is not responsible for and will not reimburse any fees incurred by Caregiver or Client from their bank or other financial institution, including without limitation overdraft charges, insufficient funds charges, interest charges, or finance charges, which may have occurred as a result of charges billed by LifeCare.
LifeCare reserves the right to correct any errors in the payment of LifeCare fees even if it has already requested and/or received payment. Clients will remain responsible for the LifeCare fee and any other applicable fees in connection with any refund or chargeback of a Caregiver’s payment. LifeCare may use third party payment processing services to process bank account information and ACH transfers. LifeCare expressly disclaims any and all liability for any claims or damages related to LifeCare’s use of third party payment processing services and ACH transfers, including without limitation any damage that may result should any such information be released to any third parties.
All payments relating to services provided by a Caregiver to a Clients must be made through the payment channels provided or specified by LifeCare. LifeCare uses a trust account to transfer funds from a Client to a Caregiver. Specifically, LifeCare will charge the credit card of the client, deposit funds to the trust account, then pay the caregiver from this trust account. LifeCare will charge a service fee on top of the transaction volume from the Client to the Caregiver.
Text Messages
LifeCare may send Members SMS text messages in connection with the Services or otherwise. Receipt of the SMS text messages from LifeCare is voluntary. By deciding to receive SMS text messages from LifeCare, You give LifeCare express permission to send SMS text messages to Your cellular phone and/or mobile device. Additionally, You do hereby represent, understand and expressly agree that LifeCare does not have control over or assume any responsibility for the quality, accuracy, or reliability of this Service. Carrier charges may apply for receiving SMS text messages. You are solely responsible for any costs You incur when receiving SMS text messages from LifeCare.
No Professional Advice
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. LifeCare expressly disclaims, and You expressly release LifeCare 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. You should consult with an appropriately trained specialist for all concerns that require professional or medical advice.
Disclaimer of Warranties
You expressly agree that your use of the site and/or services is at your sole risk. Both the site and services are provided by us on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value, accuracy of data and system integration. We make no warranty that the site and/or services will meet your requirements, or that the site and/or services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the site or services, or that defects in the site or services will be corrected.
Limitation of Liabilities
You acknowledge and agree that we are only willing to provide access to the site and to provide the services if you agree to certain limitations of our liability to you and to third parties. You understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, lost real estate opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the site or the services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. We will not be liable for any damages arising from the transactions between you and third party merchants or service providers or for any information appearing on third party merchant or service provider sites or any other site linked to our site. In no event will we be liable to you or any third party in connection with any act or omission of any member. If you are dissatisfied with any portion of this site or the services, your sole and exclusive remedy is to discontinue use of the site and the services.
No Third Party Beneficiaries
You understand and agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
No Affiliation
You acknowledge that You are not legally affiliated with LifeCare in any way, and no independent contractor, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by Your use of the Site or Services or by this Agreement.
General Terms
You are responsible for compliance with all applicable laws. The Terms of Use and the relationship between You and Astralink Technology Pte Ltd will be governed by the laws of Singapore, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. These Terms of Use constitute the complete and exclusive agreement between You and Astralink Technology Pte Ltd with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements.
Contacting Us
If there are any questions regarding this privacy policy you may contact us using the information below.
8 Ubi Road 2 Zervex #05-12
Singapore 408538
info@astralink.com.sg
Last edited on 03 July 2015