Terms & Conditions

  1. Introduction
    1. These terms and conditions (“Terms”) constitute a legally binding agreement between you and CareDirect (the “Company”), in relation to the communication platform provided by the Company (“Platform”), to connect individuals seeking to access caregiver and related services (“Services”) with third party service providers seeking to provide the Services (“Service Providers”).
    2. By using the Platform, Services, and the Company’s website located at www.caredirect.co.za (the “Website”); and downloading, installing or using any related software provided to you by the Company (“Software”), you agree to be bound by these Terms. If you do not accept these Terms, please do not use the Platform, Services, Software, or Website.
    3. The Company reserves the right to modify the Terms at any time by publishing an updated version of the Terms on the Website or on any Software . The modified terms will be effective from the date of publication. Your continued use of the Website and/or the Software following the publication of the modified terms, shall constitute your consent to such terms.
  2. Company Obligations
    1. The Company will provide the Platform and information on accessing the Services.
    2. You agree that no Service Provider is an employee of the Company, and is not entitled to any rights and/or benefits bestowed upon employees in law.
    3. In no event will the Company provide the Services directly or act as a direct service provider, or be liable for any Services provided by any Service Provider.
    4. The Company will:
      1. conduct thorough background checks, including but not limited to reference checks and checks on information provided, in relation to all Service Providers;
      2. provide, to the best of its ability, a fair and accurate representation of the Service Providers on the Platform; and
      3. monitor the ratings and performance of the Service Providers.
    5. The Company reserves the right to remove a non-performing Service Provider from its list of Service Providers on the Platform, Software and Website, in its sole and absolute discretion.
    6. The Company makes no warranty, express or implied, and assumes no liability in connection with any Service Provider, any act or omission of any Service Provider (including theft or threats to personal safety), or the Services provided by any Service Provider.
  3. Legal Capacity
    1. By using the Platform, Software, Services and Website, you represent and warrant that you are legally capable of entering into binding agreements.
    2. Without limitation, the Platform, Software, Services and Website are not available for use by minors or any other person who is legally prohibited from entering into legally binding agreements.
    3. The platform and any related software is not available for use by anyone with a history of criminal activity or conviction.
  4. User Obligations
    1. The Company is not liable if you do not have a compatible device or web browser to access the Platform; or are unable to access the correct version of the Platform or any Software.
    2. By using the Platform or any Software, you agree:
      1. to only access the Platform using a registered account.
      2. to be bound by the Terms published at the time of use, and all relevant policies of the Company;
      3. to only use the Platform and Software for lawful purposes;
      4. to only use the Platform and Software as directed by the Company;
      5. not to impair or attempt to impair the proper operation of the Company’s information technology network, Platform or any Software;
      6. not to copy, attempt to copy, distribute or attempt to distribute the Platform or any Software or any related content on the Platform or Website, including but not limited to the profiles of Service Providers.
      7. to keep your account password or any information provided to you by the Company, which allows access to the Company’s platform or any other related software, secure and confidential;
      8. to only use the Platform and Software to secure Services for yourself and your direct family members. In no event will you use the Platform or Software for commercial or personal gain, whether financial or otherwise;
      9. to provide the Company with whatever proof of identity requirements the Company may reasonably request;
      10. to only access the Platform using an access point or account that you are authorized to use;
      11. not to provide the Company with fraudulent personal details in order to access the Platform or any Software. You warrant that the information you provide is true and correct to the best of your knowledge, and at the time that it is provided; and
      12. to notify the Company or change your profile to reflect the change/s immediately, should your personal details that are relevant to your profile on the Platform or the Software change.
  5. Rights of Use
    1. The Company hereby grants you a non-exclusive, non-transferable, right to use the Platform and Software, subject to these Terms. All rights not expressly granted to you are reserved by the Company.
    2. You shall not:
      1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform or any Software in any way;
      2. modify or make any derivative works based upon the Platform or any Software;
      3. reverse engineer or attempt to reverse engineer the Platform or any Software;
      4. access the Platform or any Software in order to:
        1. build a competitive product or service; or
        2. build a product using similar ideas, features, functions or graphics of the Platform or Software; or
        3. copy any ideas, features, functions or graphics of the Platform or Software; or
        4. launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the Platform or Software.
      5. send spam, duplicate messages, or unsolicited messages using the Platform or any Software, in violation of applicable laws;
      6. send or store any illegal, obscene, threatening, defamatory, hateful or otherwise unlawful material using the Platform or Software, including material harmful to children or in violation of third party privacy rights;
      7. send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs using the Platform or Software;
      8. interfere with or disrupt the integrity or performance of the Platform or any Software or the data contained therein; or attempt to gain unauthorized access to the Platform, or any Software and/or its related information technology systems or networks.
    3. You may use the platform and related software only for your personal use and for a non-commercial purposes.
  6. Supply of Services
    1. All requests for Services will be made on the Platform or Software.
    2. Once a request Services from a specific Service Provider is made, the Service Provider must acknowledge and accept or refuse the work within the timeframe notified by the Company to the Service Provider.
    3. Your booking for Services will only be confirmed once the Company has received full payment for the Booking Fee and Service Fee, and the Service Provider has accepted your request for Services.
    4. You agree to:
      1. treat Service Providers courteously and lawfully;
      2. provide a safe and appropriate working environment for Service Providers, in compliance with all applicable laws and regulations;
      3. reasonably co-operate with Service Providers to enable them to supply the Services;
      4. communicate any complaints directly to the Company and not to the Service Providers;
      5. adhere to all relevant policies of the Company;
    5. Should the Service Provider that you select or prefer be unavailable, you agree to schedule your requested Services with another Service Provider.
    6. During the period that these Terms are in force, you will not book any Services from, or engage with, any Service Provider on the Platform or Software, in way other than as prescribed in these Terms and the Company’s related policies.
    7. These Terms will be effective for a period of 12 months after the date of your last use of the Platform or Software.
    8. Should you engage a Service Provider in a way that does not comply with the Terms or any of the Company’s related policies, and as a result the Company does not receive the Booking Fee due to it, you will be liable to pay to the Company the sum of R20 000 as damages for loss of revenue. The Company may elect to claim either the sum of damages actually incurred, or the sum of R20 000.
    9. You may take a Service Provider into your permanent employ on written notice to the Company and the payment of a once-off fee of R3 500 to the Company. On receipt of the notice and payment contemplated above, the Company will immediately deactivate the profile of the relevant Service Provider on the Platform and Software, which profile will only be reactivated on written request from the Service Provider.
  7. Payment Terms
    1. The Company requires a booking fee to confirm a booking for Services (“Booking Fee”). Booking Fees are due and payable at the time and date of booking, and are non-refundable.
    2. The Company will set the prices for the Services. The company reserves the right to change the prices quoted for Services from time to time, and will notify you of any price changes via email, at least one month before any price change takes effect.
    3. The Company may, in its sole discretion, make promotional offers with different features and rates for the Services to any of its customers. These promotional offers shall have no bearing whatsoever on you, unless such offers are made directly to you.
    4. Payment for Services (“Service Fee”) will be affected on finalisation of your booking at checkout, together with the Booking Fee. Any money collected at checkout will be transferred into an escrow account held by the Company.
    5. The Company will collect payments due to the Service Providers, and pay all amounts collected on behalf of the Service Providers to such Service Providers, on the first Friday after the date on which Services are rendered or as soon as reasonably possible thereafter, but no more than once a week.
    6. Any prices quoted by the Company include value added tax, unless otherwise stated.
  8. Cancellations and No-Shows
    1. You may cancel a booking for Services at any time. If you cancel a booking:
      1. at least 24 hours before the Service Provider is due to provide the Services, your account will be credited with the full Services fee (excluding the booking fee), which you will be able to use at any time for any of the Services offered on the Platform; or
      2. cancel a booking less than 24 hours before the Service Provider is due to provide the Services, you will forfeit the Service Fee.
    2. Should a Service Provider cancel any Services that such Service Provider is scheduled to provide on three separate occasions, without providing the company with an adequate reason (as determined by the Company in its sole discretion), the Company shall immediately de-activate the relevant Service Provider’s profile on the Platform.
    3. On the rare occasion that:
      1. the Service Provider does not arrive at the scheduled time to provide the Services (“Scheduled Start Time”); and
      2. you notify the Company through the Platform or email within 24 hours of the Scheduled Start Time,

      the Company will, at your election, credit your account with the full Service Fee that you paid for the Services or use reasonable measures to re-schedule the supply of the Services, at your convenience.

  9. Overdue Payments
    1. Should any amount due by you remain unpaid, the Company reserves the right to;
      1. charge reasonable administrative costs, in addition; and/or
      2. charge interest at the maximum legal rate prescribed in terms of the National Credit Act, 34 of 2005 on the overdue payment, from the date on which payment was due to the date of actual payment; and/or
      3. arrange for the supply of the Services to be suspended; and/or
      4. terminate these Terms, by written notice (including email) with immediate effect.
  10. Termination
    1. Subject to 6.4.4 above, either you or the Company may terminate these Terms on 10 working days’ written notice to the other.
    2. The termination of these Terms shall not release any party from any liability, which at the time of such termination, has already accrued to the other party or preclude either party from pursuing any rights and remedies it may have in terms of these Terms or at law.
    3. You may not attempt to re-register for or continue to use the Platform or any Software, once the Company has given you notice of termination.
  11. Technical Interruption of Platform or Software
    1. While the Company will make every effort to ensure that the Platform and Software is not interrupted, the Company cannot guarantee that the Platform or Software will be uninterrupted and/or error-free.
    2. The Company reserves the right to, without notice and liability, suspend the Platform and Software for repair, maintenance, improvement or other technical reason.
  12. Intellectual Property
    1. The Company and its licensors (where applicable) own all rights, title and interest, including all related intellectual property rights, in and to the Platform and the Software.
    2. You hereby assign to the Company, all rights, title and interest in and to any suggestions, ideas, enhancement requests, feedback, recommendations or other information in relation to the Platform, Services Software and Website.
    3. Unless otherwise expressly stated in these Terms, the Company does not grant you any licence or other rights in or to the Platform, Services, Software, Website or any other proprietary technology, material or information made available to you in connection with these Terms, and all such rights are hereby expressly reserved.
    4. The Company name, the Company logo, and the product names associated with the platform and related software are trademarks of the Company, and no rights or licenses are or will be granted for use outside of this platform and related software.
  13. Privacy
    1. The Company shall endeavour to abide by all applicable privacy laws in connection with the operation of the Services, including but not limited to the Electronic Communications and Transactions Act, 25 of 2002 and the Protection of Personal Information Act, 4 of 2013.
    2. The Company is committed to respecting the privacy of your personal information. To demonstrate its commitment the Company has created the following privacy policy to communicate its intent to provide effective processes for the appropriate handling of such personal information.
    3. For the purpose of business communications, administration and transacting, improving the Services, creating products or services that may meet your future requirements and/or delivering targeted advertising to you within the Company’s current and future web portals as well as current and future releases of the Platform and the Software, the Company may collect and use personal information, which may include (but not be limited to): your name, address, telephone number, email and/or account details, location, and your use or provision of the Services.
    4. The Company will not collect, store, process, transmit or otherwise handle your personal information for any other purpose. Monitoring or recording of your activities may take place for business purposes to the extent permitted by law, such as for example quality control and training for the purposes of marketing and improving the Services. However, in these situations, the Company will not disclose information that could be used to personally identify you.
    5. The Company will not distribute any of your personal information to third parties, unless this is required to deliver the Services to you. In addition, the Company may be required to disclose personal information to meet legal or regulatory requirements. The Company will not sell your personal information to third parties unless you give us your specific permission to do so.
    6. The Company has implemented technology, policies and processes aimed at protecting the confidentiality, integrity and availability of your personal information. We will update and refine these measures on an ongoing basis. Please note that the Company cannot be responsible for the privacy policies and practices of other websites you may access using links from the Website or the Software. We recommend that you check the policy of each site you visit and that you contact that specific organisation if you have any concerns or questions. Please be aware that internet communications are inherently insecure unless they have been encrypted. Your communications may be routed through any number of countries before reaching the Website. The Company assumes no liability of any nature whatsoever for the interception or loss of personal information beyond our control.
    7. We may store some information (commonly known as a “cookie”) on your computer when you visit the Website. This enables the Company to recognise you during subsequent visits. The type of information gathered is non-personal (such as: the IP address of your computer, the date and time of your visit, which pages you browsed and whether the pages have been delivered successfully. Apart from merely establishing basic connectivity and communications, the Company may also use this data in aggregate form to develop customised services, tailored to your individual interests and needs. Should you choose to do so, it is possible (depending on the browser you are using), to be prompted before accepting any cookies, or to prevent your browser from accepting any cookies at all. This will however cause certain features of the Website not to be accessible.
    8. The Company reserves the right to amend or modify the privacy statement in these Terms at any time.
  14. Third Party Interactions
    1. While using the Company’s Platform, Software and Website, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions by third party service providers, advertisers or sponsors. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the relevant third-party.
    2. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third party service provider.
    3. The Company does not endorse any sites on the internet that are linked through the Platform, Software or the Website. In no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party service providers.
    4. The Company provides the Platform and Software to you pursuant to these Terms. You recognize, however, that certain third party service providers may require your agreement to additional or different terms and conditions prior to your use of or access to their goods or services. The Company disclaims any and all liability arising from such agreements between you and the third party service providers.
    5. You acknowledged that the Company may rely on third party advertising and marketing supplied through the Platform, Software, and Website, and other mechanisms to subsidize the Platform, Software and Website. By agreeing to these Terms, you agree to receive such advertising and marketing through the Platform, Software and Website. If you do not want to receive such advertising and marketing, you should notify the Company in writing.
    6. The Company may compile and release information regarding your use of the Platform, Software and Website on an anonymous basis, as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Platform, Software or Website.
  15. Indemnity
    1. You hereby indemnify the Company and hold it harmless in respect of any loss, damage, liability, costs and/or expenses of whatsoever nature which the Company may suffer or incur as a consequence or arising from or attributable to any acts or omissions on your part, including without limitation, loss, damage, costs and/or expenses of any nature whatsoever suffered or incurred by the Company as a result of any claims brought against you, the Company, or any third party.
  16. Limitation of Liability
    1. Notwithstanding anything to the contrary in these Terms, the Company, its officers, employees, shareholders, licensors, agents, affiliates and the Service Providers shall not be liable for any direct or indirect loss (including consequential loss), damage, costs and/or expenses of any nature whatsoever, which you may suffer or incur as a consequence of or which may arise from or be attributable to any acts or omissions on your part.
    2. In no event will the Company’s aggregate liability for any claim arising from the use of the Platform, Services, Software, and Website exceed the amounts actually paid by and/or due from you in the six month period immediately preceding the event giving rise to the claim.
    3. Unless otherwise permitted by law, the Company and its licensors shall not be liable for any consequential loss arising out of your use of the Platform, Services, Software or Website, (including personal injury, loss of data, revenue, profits, use or other economic advantage).
    4. The Company and/or its licensors shall not be liable for any direct loss, damage or injury which may be suffered by you, including but not limited to loss, damage or injury arising out of, or in any way connected to:
      1. the Platform, Services, Software, or Website; or
      2. your use or inability to use the Platform, Services, Software, or Website; or
      3. any reliance placed by you on the completeness, accuracy or existence of any advertising; or
      4. any relationship or transaction between you and any third party service provider, advertiser or sponsor whose advertising appears on the Website or is referred by the Platform, Services or Software,

      even if the Company and/or its licensors have been previously advised of the possibility of such damages.

    5. The Company may introduce you to Service Providers for the purposes of providing services as advertised. You expressly release the Company from any and all liability, claims or damages arising from or in any way related to the Service Providers. The Company will not be a party to disputes, or negotiations of disputes between you and such Service Providers. Responsibility for your use of and the decisions you make regarding, the Platform, Services, Software and Website rests solely with you.
    6. While the Company will make every effort to ensure the Service Providers are qualified and capable of providing the Services, the quality of the Services is entirely the responsibility of the relevant Service Provider who provides the Services to you.
  17. Territory
    1. This Platform and Software are controlled, operated and administered within the Republic of South Africa.
    2. Access to the Platform and Software from territories or countries where the content or purchase of the Services offered on the Platform and Software is illegal, is prohibited.
    3. You may not use the Platform and Software in violation of South African laws and regulations.
    4. If you access the Platform and Software from locations outside of South Africa, you are responsible for compliance with all applicable laws in such territories.
  18. Governing Law
    1. These Terms shall be governed and construed in accordance with the laws of the Republic of South Africa and all disputes, actions and other matters relating thereto will be determined in accordance with such law.
  19. Dispute Resolution
    1. To expedite resolution and reduce the cost of any dispute, controversy or claim related to these Terms (“Dispute”), you and the Company agree to first attempt to mediate any Dispute for at least 30 days before initiating any arbitration or court proceeding. You or the Company may commence mediation proceedings on written notice to the other party. Any notice to the Company shall be sent to info@caredirect.co.za.
    2. Any Dispute that is not resolved by mediation, within the period stipulated in 19.1 above, shall be submitted to arbitration in accordance with the rules of the Arbitration Foundation of South Africa.
    3. You and the Company agree that any arbitration will be limited to the Dispute between the Company and you individually. You acknowledge and agree that you and the Company are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Furthermore, unless both you and the Company otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
    4. Nothing in this 19 shall prevent you or the Company from seeking urgent or interim relief from a court of competent jurisdiction, and to this end, the Parties hereby consent to the jurisdiction of the High Court of South Africa (South Gauteng High Court, Johannesburg).
  20. General
    1. No joint venture, partnership, employment, or agency relationship exists between you, the Company, and any Service Provider.
    2. If any provision of the Terms is found to be invalid, unlawful or unenforceable, such provision shall be severable from the remaining terms, which will continue to be valid and enforceable.
    3. The failure of the Company to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless agreed to by the Company in writing.
    4. These Terms comprise the entire agreement between you and the Company and supersede all prior or concurrent negotiations, discussions or agreements, whether written or oral, between you and the Company regarding the subject matter contained herein.