TERMS AND CONDITIONS OF USE OF «SENIORS FIRST»

In compliance with the duty of information contained in article 10 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, we detail below the data of the owner of the Platform:

• Owner: SENIORS FIRST, LTD (hereinafter, “SENIORS FIRST”).
• Registration Number: 10321687
• V.A.T .: 270363124
• Registered Office: 483 Green Lanes, London, N134BS United Kingdom.

Access and / or use of the Platform attributes the status of user and accepts, from said access and / or use, these TyCG.

Users (hereinafter, the «Users» or, in the singular, the «User») can contact SENIORS FIRST through the following email address: dataprotection@seniorsfirst.care

The Platform is intended to put professionals within the social health care sector in contact with people who require the services of these professionals.

SENIORS FIRST only provides the Platform to bring both the User who offers its services on the Platform (hereinafter, the «User» and / or the «Carer User») and the User who publishes job offers on the Platform and is interested in contract such services (hereinafter, the «Contracting User» and, together with the «Caregiver User», the «Users»).

It is expressly stated that SENIORS FIRST only makes available to its Users, through the Platform, a virtual linking space (hereinafter, the «Service»).

In the event that one or more Users or any third party initiate any type of claim or legal action against any User, each and every one of those involved in said claims or actions exempts SENIORS FIRST and its directors, managers, employees, from all liability. agents, operators, representatives and attorneys-in-fact.

The Service is limited to the provision of a technological platform that allows its Users to be linked immediately and thus be able to supply the needs of some with the services of the counterpart.

Therefore, SENIORS FIRST does not assume any responsibility beyond the aforementioned link between Users through the Platform.

The Contracting User knows and accepts that when carrying out operations with other Users or third parties, they do so at their own risk and responsibility, and that they will make an assessment of the risks incurred when contracting the services offered by the chosen Caretaker User, keeping the due ratio between risk and selected medium.

The agreement and relationship between the Users does not create any partnership, mandate, franchise or employment relationship between SENIORS FIRST and the Users. Users acknowledge and accept that SENIORS FIRST is not a party to any operation, nor does it have any control over the quality, safety or legality of the services required or the capacity or suitability of the User Caregiver to provide said services.

The TyCG, as well as the Privacy Policies and / or information on the Platform apply to all Users of the Platform from the first moment in which they access it. These TyCG are mandatory, binding and are applicable to all activities carried out on the Platform. If Users do not wish to fully submit to the provisions of these T&C and the Privacy Policies, they must refrain from using the Platform.

Users are responsible for ensuring that all persons who access the Platform through their internet connection are aware of and comply with the TyCG.

SENIORS FIRST declares and states that it makes the Service of a technological platform available which allows its Users to link with each other and bring the social health care service offered by the Caregiver User to the Contracting User and / or the request of any Contracting User of said services.

Users declare that said intervention and / or link through the Platform will not generate for Users any type of employment relationship with SENIORS FIRST.

By accepting the TyCG, Users undertake to act at all times in accordance with the provisions established in the clauses of this legal text. If they do not agree with all or part of these TyCG, Users must refrain from installing and using the Platform.

The service provided on this Platform is governed by: (i) these TyCG; (ii) Particular Conditions that may be published on the Platform; and (iii) current and applicable laws, sector regulations, and general criteria and practices.

By accepting these TyCGs, Users declare that they are over 18 years of age and have the full capacity to understand and accept the content of these TyCGs, as well as the legal capacity to contract and assume obligations.

SENIORS FIRST reserves the right to modify the presentation, configuration and content of the Platform, as well as the conditions required for its access and / or use. The access and use of the contents and services after the entry into force of their modifications or changes in the conditions imply the acceptance of them.

Access to certain content and the use of services may be subject to certain particular conditions that, depending on the case, will replace, complete and / or modify these TyCG and, in case of contradiction, the terms of the particular conditions will prevail over the TyCG.

Before using and / or requesting said specific services offered through the SENIORS FIRST Platform, Users must carefully read the particular conditions created, where appropriate, for this purpose by SENIORS FIRST. The use, reservation and / or request of said specific services, implies the acceptance of the particular conditions that regulate them in the version published by SENIORS FIRST at the time that such use, reservation and / or contracting occurs through the Platform.

The Platform has been developed by SENIORS FIRST with the purpose of providing a service of making available a technology Platform that allows its Users to link immediately and thus be able to supply the needs of one with the services of the counterpart.

The Caregiver User may through the Platform access all the necessary information corresponding to it. From there you can browse and investigate in depth how it works.

• Record: In order to use the services of the Platform, it is necessary to register on it and accept these TyCG. Registration on the Platform is free. To register on the Platform, the Caregiver User must create an account, providing their email, basic personal data and choose a password to access the Platform. At the time of registration, the Caregiver User must be at least eighteen (18) years old or the age of majority applicable in their place of residence. Users guarantee that their data will be accurate, current and truthful. SENIORS FIRST cannot guarantee the identity of registered Users, not being responsible for improper or unauthorized uses of a User registered by third parties. The Registered Caregiver User will be responsible at all times for the custody of their password to access their User account, consequently assuming any damages that may arise from its improper use, as well as the transfer, disclosure or loss of the same, and must inform SENIORS FIRST immediately if you have reason to believe that your access code or password has been used in an unauthorized manner or is likely to be. In any case, the access and / or use of the Platform made under the access code or password of the registered Caretaker User will be deemed to have been made by said User, who will be responsible in any case for said access and use. Once the Caregiver User has created an account to access the Platform, he will have access to a profile where he can complete his personal data in accordance with the provisions of the Platform. The Caregiver User exonerates SENIORS FIRST from any type of responsibility, fine, sanction or direct or indirect claim of third parties related to the communication of third party data that the User may carry out. SENIORS FIRST has the right to request some proof and / or additional data in order to corroborate the personal data of Users, as well as temporarily or permanently suspend the accounts of those Users whose data could not be confirmed, without generating the right to compensation in favor of said Users. SENIORS FIRST has the right to reject any application for registration or cancel a previously accepted registration, without being obliged to communicate or state the reasons for its decision and without generating the right to compensation and / or compensation in favor of the affected Users. Once the registration on the Platform has been correctly completed, the Caregiver User will have access to the services set out below.
• Receive and reply to direct offers: Caregiver Users can receive direct offers from Contracting Users. The direct offers that the Caregiver User receives will expire within twenty-four (24) hours from their sending by the Contracting User. Therefore, the Caregiver User will have a period of twenty-four (24) hours to reject, accept or be interested under condition for the direct offers received. The acceptance, the interest under condition and the rejection are free for the Caregiver User. However, the first two actions will only be possible if the Contracting User has available credits, since in order for them to be effective, the Contracting User must consume one (1) credit. Caregiver Users who have received a direct offer can show their interest in it, but conditioning their acceptance in relation to some aspect of the offer (eg, start date, schedule, salary, etc.). In this case, the Contracting User will receive a notification informing him of the interest expressed by the Caregiver User and the Contracting User will have the possibility of consuming one (1) credit to be able to initiate a connection with said Caregiver User and comment on the condition expressed by the Caregiver User. . If the Contracting User does not have sufficient credits, the connection between the two cannot be made.
• Register in the offers published by the Contracting Users: Likewise, Caregiver Users may receive on their wall or profile offers published by Contracting Users whose search criteria match the Caregiver User profile. The Caregiver Users who receive in this way the offers of the Contracting Users will have the option of registering for said offers during their validity (thirty days from their publication, in addition to the possible extensions of the offer made by the Contracting user). In this case, the Contracting User who has published the offer will receive a notification informing him that the Caregiver User has registered in his offer. If he so wishes, the Contracting User may initiate a connection with the Caregiver User registered in his offer, for which the Contracting User must consume one (1) credit.
• Verification of experience and evaluations: Contracting Users will have the possibility of verifying and evaluating experiences they have had with Caregiver Users, for which purpose they will be able to receive notifications with surveys in which they will be able to verify and express said experiences. Likewise, Caregiver Users may include information on previous work experiences in their profile, as well as indicate a contact with previous employers. In the latter case, the Platform will send a brief survey that said employers may complete to assess the experience of the Caregiver User. Based on the verifications and evaluations of the Contracting Users and other previous employers of the Caregiver Users, the Platform may associate a rating or qualification to the Caregiver Users that may influence the position in which their profiles are shown in the searches of the Caregivers. Contracting Users. Likewise, said evaluations and verifications may be reflected in certain cases by means of symbols in the profiles of the Caregiver Users that indicate to the Contracting Users if they have positive evaluations and verifications.

SENIORS FIRST is a digital Platform and does not participate in the effective contracting between the Contracting User and the Caregiver User, in any way.
Once the user has acquired any credits or products on the Platform and paid the payment through any of the methods made available to Users by SENIORS FIRST, it will send the User an email in which all the information will be collected. relative to the credits or products acquired, their price and the applicable taxes.

The Platform uses a secure payment gateway provided by «Stripe» that guarantees the integrity and security of communications and transactions as provided in the terms and conditions of «Stripe» in each jurisdiction that uses it, which the User acknowledges and fully accepts by accepting these TyCG.
It is expressly stated that, in relation to non-European transactions, «Stripe» may apply additional and / or different commissions that correspond to the provider of «Stripe» relative to each jurisdiction where said payment methodology is being used. credits and products will only be effective when SENIORS FIRST receives confirmation of payment from the aforementioned payment platform. If the transaction is for any reason denied by said entity, or the full amount corresponding to the amount of the credits or products is not provided (including surcharges for management expenses and bank transfer commissions), the contract will be suspended, informing the User of that the transaction has not been finalized.

Once the full payment has been received, SENIORS FIRST will send the invoice corresponding to the contract made to the User’s email. By accepting these TyCG, the User expresses his express consent to receive the invoice electronically. If the User wants the invoice on paper, he can contact SENIORS FIRST indicating the postal address to which the invoice should be sent.

Likewise, in accordance with current legislation, SENIORS FIRST may not subsequently modify the billing of sales made. For this reason, the invoice will be issued in the name of the natural person who contracts the Services or acquires the credits or products, so the User must make sure to place the order in the correct name, not being able to issue duplicate invoices to send them to third parties.

The User agrees to refrain from using the Platform for purposes or effects that are illicit or contrary to what is established in the TyCG.

SENIORS FIRST offers the User access to the Platform under a limited, non-exclusive, non-sublicensable, non-transferable and revocable license. The use of the Platform will be personal at all times and in accordance with these TyCG.

By making use of the Platform, the User expressly grants SENIORS FIRST and its affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sublicensable right and a license to use, reproduce, modify, adapt, publish, translate , distribute, perform and display the content that you publish on the Platform.

If the User becomes aware of the existence of any content that is illegal, illegal, contrary to the laws or that could imply an infringement of intellectual and / or industrial property rights, they must immediately notify SENIORS FIRST so that it can proceed to the adoption of appropriate measures.

The use of the Platform for purposes other than those included in these TyCG is expressly prohibited. Therefore, SENIORS FIRST is not responsible for any inappropriate use or manipulation of the Platform.

The Platform can provide access to a multitude of texts, graphics, drawings, designs, codes, software, photographs, images, expressions and information belonging to SENIORS FIRST or to third parties to which the User may have access. The User assumes responsibility for the use of the Platform and undertakes to make a lawful, diligent, honest and correct use of all the information or content he has access through the Platform, and all this under the principles of good faith and respecting at all times the current legislation and the present TyCG.

By way of example, but not limited to, Users must not:

• Register or communicate data that is not true, exact, complete and / or updated, or access the Platform using the name, identification data or access codes of another User or impersonate any person or identity. Likewise, the User is responsible for communicating to SENIORS FIRST any modification and / or variation of any of the data communicated to SENIORS FIRST.
• Neither maliciously nor intentionally cause damage or harm that may undermine, alter the Platform, nor will it introduce or spread computer viruses that may cause unauthorized alterations to the content or systems that make up the Platform. The User must not scan or test the vulnerability of any SENIORS FIRST system or network, or violate any security or authentication measure, as well as try to decrypt or disassemble the software used by SENIORS FIRST to offer services through the Platform.
• Use the Platform for fraudulent purposes, or related to criminal offenses or illicit activities of any kind.
• Reproduce, copy, distribute, transform or modify the information and content hosted on the Platform, unless you have the authorization of the owner of the corresponding rights.
• Use the Platform to send, use or reuse material that contains illegal, offensive, pornographic, abusive, indecent, defamatory, obscene or threatening information of any kind, or that involves a violation of copyrights, trademarks or confidentiality, privacy or any Another right, that is otherwise injurious or objectionable to third parties, or whose content contains computer viruses, political propaganda, advertising content and, in general, any type of unnecessary inconvenience or inconvenience. Download, send or distribute in any other way content or applications that may violate any legislation in force or that may violate any right of any party.
• Promote or encourage third parties to carry out any of the above practices or contribute to it.
• Send and / or upload:
  
  • Defamatory material for anyone.
  • Any obscene, offensive, defamatory material.
  • Any sexually explicit material.
  • Any material that promotes violence.
  • Any material that promotes discrimination based on race, sex, religion, national origin, disability, sexual orientation or age.
  • Any copyright, database right, or trademark of any other person.
  • The privacy rights of any other person.
  • Personal data of third parties without your express consent.
  • Any material that promotes any illegal activity.
  • Threats, abuse, or invasion of another person’s privacy.
  • Content that causes unnecessary annoyance, inconvenience, or anxiety
  • Harassment, annoyance, or content that embarrasses, alarms or annoys any other person. Content by which the identity of another person is impersonated.

Any content that the User uploads and / or sends through the Platform will be considered non-confidential and SENIORS FIRST has the right to use, copy and disclose said content to third parties for the intended purposes, provided that the applicable legislation allows it. SENIORS FIRST has the right to reveal the identity of the same to any third party who claims that any content sent constitutes a violation of their intellectual property rights, or their right to privacy.

SENIORS FIRST will not be liable to third parties for the content or accuracy of any content posted. SENIORS FIRST has the right to remove any content or advertisement sent through the Platform at its sole discretion, to the maximum extent permitted by applicable law.

SENIORS FIRST will have the right to investigate and report any of the aforementioned conducts in accordance with the Law and these T&C, as well as to collaborate with the authorities in the investigation of said actions.

Dealers will have the option of registering for said offers during their validity (thirty days from their publication, in addition to the possible extensions of the offer made by the Contracting user).

In this case, the Contracting User who has published the offer will receive a notification informing him that the Caregiver User has registered in his offer.

If he so wishes, the Contracting User may initiate a connection with the Caregiver User registered in his offer, for which the Contracting User must consume one (1) credit.

The Platform (website and app) including, but not limited to, its programming, editing, compilation and other elements necessary for its operation, the designs, logos, texts and / or graphics are the property of SENIORS FIRST.

Users acknowledge that the reproduction, modification, distribution, commercialization, decompilation, disassembly, use of reverse engineering techniques or any other means to obtain the source code, transformation or publication of any unauthorized reference test results of any of the elements and utilities integrated into the development constitutes an infringement of the intellectual property rights of SENIORS FIRST, forcing itself, consequently, not to carry out any of the aforementioned actions.

All the contents of the Platform are duly protected by the Intellectual and Industrial Property regulations. Regardless of the purpose for which they were intended, the total, partial reproduction, use, exploitation, distribution and commercialization requires in any case the prior, express and written authorization from SENIORS FIRST.

The designs, logos, texts and / or graphics outside SENIORS FIRST and that may appear on the website or in the application, belong to their respective owners, who are themselves responsible for any possible controversy that may arise regarding them.

The third party holders of intellectual and industrial property rights over photographs, logos, and any other symbols or content included in the Platform have granted the corresponding authorizations for their reproduction, distribution and making available to the public.

SENIORS FIRST services may be integrated with third party applications, websites and services (Third Party Applications) to make their products, services and content available to Users. These third-party Applications may have their own terms and conditions of use and privacy policies, which the User agrees to consult, being governed by the use made by the Users of the same. Users understand and accept that SENIORS FIRST is not responsible for the behavior, characteristics or content of Third Party Applications used on the Platform, as well as any transaction outside the scope of activity of SENIORS FIRST that may be carried out with the provider of said Third Party Applications .

SENIORS FIRST is not responsible for the information, files or any other content that Users publish, nor does it validate the contents that Users or decide to submit, for which SENIORS FIRST will not be responsible, directly, indirectly, or subsidiarily, for damages. and damages of any nature derived from the communications made or content included in the Platform.

The acceptance of the offers of the Users by other Users does not imply the effective contracting of the services offered by the Users. In this way, SENIORS FIRST does not assume any responsibility in relation to the contracts that may be made between Users, limiting the responsibility of SENIORS FIRST to the provision of the Platform that allows Users to interact with each other.

By way of example, SENIORS FIRST is not responsible for:

• The satisfaction of the needs or personal demands of the User in relation to the resources provided by the Platform.
• The satisfaction of the experiences of the Users as a consequence of the contracts that may take place between the Contracting Users and the Caregiver Users.
• Direct or indirect and / or intangible damages, including personal injuries suffered as a result of misuse of the Platform.
• Loss of reputation, image, or data that may occur while using the Platform.
• The lack of availability, maintenance and effective operation of the Platform, excluding, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the Platform.
• Any defect, error or problem in the operation of the Platform.

Consequently, SENIORS FIRST does not guarantee that the use that Users may make of the contents and services that are included in the Platform, if applicable, comply with these TyCG, nor that they do so diligently. SENIORS FIRST cannot guarantee the identity of any other User of the Platform.

Users undertake not to publish totally or partially false or inaccurate data on the Platform and fully exonerate SENIORS FIRST from liability for any lack of veracity or accuracy of the data published by Users on the Platform.

SENIORS FIRST reserves the right of admission and exclusion from its Platform at its own free choice. Specifically, any User who does not comply with the rules contained in this condition or makes inappropriate use of the Platform may be excluded from it.

SENIORS FIRST reserves the right to (i) delete, suspend, edit or modify the content of the Platform at its sole discretion, at any time, without prior notice and for any reason, and (ii) eliminate, suspend or block any use made by the User of the Platform.

SENIORS FIRST also reserves the right to read, preserve, reveal and access any information that it considers reasonably necessary to (i) comply with applicable legislation or any judicial or governmental requirement or request, (ii) enforce these TyCG, including the investigation of potential infractions to them, (iii) detect, prevent or manage fraud, security or technical problems (iv) respond to requests for assistance to the User or (v) protect the rights, property or security of SENIORS FIRST and its Users.

However, SENIORS FIRST declares that it has adopted all the necessary measures, within its possibilities and the state of technology, to guarantee the functioning of the Platform and avoid the existence and transmission of viruses and other harmful components to Users.

• Legal responsibilities of the User before SENIORS FIRST
  
  • In no case will SENIORS FIRST be responsible for damages and / or losses and / or losses of any kind that Users may suffer as a consequence or on the occasion of the contracting between them, nor will it be responsible for the contracting terms agreed between the Caregiver User and Contracting User.
  • SENIORS FIRST consists solely of offering a Platform that facilitates the meeting between the Caregiver User and Contracting User in order to perform the linking service between the Parties. Likewise, the Contracting User by accepting the service provided by the Caregiver User through the SENIORS FIRST Platform, accepts and acknowledges that SENIORS FIRST is not responsible for any act committed by the Users and / or third parties, including these but not limited to withdrawal of contracts for the services provided by the Caregiver User or the cancellation of said services, delays, losses, lack of the corresponding registration for the exercise of the profession, and others. Users accept that they must be aware of and that they approve that when using the services offered by the Platform, they must assume the risks that this entails under their sole responsibility.
• Suspension and cancellation of services
  SENIORS FIRST may temporarily suspend accessibility to the Platform without prior notice due to maintenance, repair, updating or improvement operations.
  In particular, SENIORS FIRST reserves the right to eliminate, limit or prevent access to its Platform when technical difficulties arise due to events or circumstances beyond SENIORS FIRST that, at its discretion, reduce or cancel the standard security levels adopted for proper operation. of the Platform.
  SENIORS FIRST is not responsible for the lack of availability, maintenance and effective operation of the Platform, excluding, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to lack of availability or lack of continuity of the operation of the Platform, as well as the effective provision of the service by the Caregiver User.
  SENIORS FIRST does not assume responsibility for the cancellation or suspension of services on the Platform for reasons that are not attributable to it. In any case, SENIORS FIRST undertakes to solve the problems that may arise and to offer all the necessary support to the Contracting User to reach a quick and satisfactory solution to the incident.
• Overwhelming force
  SENIORS FIRST is not responsible for cases of force majeure, understood as the failure, suspension or interruption of services or use of the Platform, as a consequence of blocking the Internet network, actions or omissions of third parties, or any other causes or circumstances independent of the will of SENIORS FIRST that prevent the normal use of the Platform.
• Hyperlinks
  The Platform may contain hyperlinks that allow the User to access third-party platforms or websites. SENIORS FIRST does not assume any responsibility for the content, information or services that may appear on said platforms, which will be understood to be offered exclusively for informational purposes by SENIORS FIRST, and that in no case imply any relationship, acceptance or endorsement between SENIORS FIRST and the people or entities that own such content or owners of the sites where they are found.
  In these cases, SENIORS FIRST will not be responsible for establishing the general and particular terms and conditions to be taken into account in the use, provision or contracting of these services by third parties and, therefore, cannot be held responsible for them.
  SENIORS FIRST does not have the power or human or technical means to know, control or approve all the information, content, products or services provided by other web pages to which links can be established from the Platform. Consequently, SENIORS FIRST will not be able to assume any type of responsibility for any aspect related to the web pages to which a link could be established from the Platform, specifically, by way of example and not limitation, regarding their operation, access, data, information, files, quality and reliability of its products and services, its own links and / or any of its contents, in general.
  However, in the event that SENIORS FIRST becomes aware that the activity or information to which it is referred from said links is illegal, constitutes a crime or may damage property or rights of a third party, it will act with the necessary diligence to suppress or disable the corresponding link as soon as possible.

The Users will hold harmless, defend and exonerate SENIORS FIRST from any damage, responsibility and cost that may arise as a result of a third-party claim against SENIORS FIRST, and / or its directors and / or representative and / or employee from any charge, action. or lawsuit, including, but not limited to reasonable legal expenses, resulting from any material that they have provided to SENIORS FIRST through any misuse of the services that SENIORS FIRST provides or in violation of these TyCG. SENIORS FIRST will promptly notify them of any demand, action or process through the data that they themselves have provided at the time of registration in the services that the SENIORS FIRST Platform offers. By accepting these TyCG, Users acknowledge and accept that SENIORS FIRST has no direct or indirect responsibility in relation to the services contracted between the Caregiver User and each Contracting User and / or with third parties.dataprotection@seniorsfirst.co.uk

The conditions that are published at the time the User accesses the SENIORS FIRST Platform are understood as valid.

If any provision of these TyCG is declared unenforceable or invalid, said provision will be limited or eliminated to the minimum extent necessary for the remaining conditions and obligations to remain in full force and effect and mandatory.

SENIORS FIRST may delete, modify or replace the contents of this document at any time, by publishing or sending a notification through the Platform or by email, without the User being able to demand any compensation for it.

SENIORS FIRST respects the privacy of its Users and will ensure that personal data is treated in accordance with current legislation.

For more information about the privacy policy of SENIORS FIRST, visit the following link: https://caregivers.seniorsfirst.care/es_es/privacy-policy/ or
https://caregivers.seniorsfirst.care/en_gb/privacy-policy/

SENIORS FIRST can translate these TyCG or any other policy that may be published on the Platform. The Spanish version will prevail in case of conflict with other translations.

The parties undertake to agree in good faith to resolve any dispute regarding these TYCGs. SENIORS FIRST TYCGs are subject to Spanish law. The parties submit to the Courts and Tribunals of Madrid Capital.