TERMS OF USE

Enjoy our app. Enjoy WANACARE!

Welcome to WANACARE. Please read on to learn the rules and restrictions that govern your use of Our website, including any subdomains thereof, and any other websites through which WANACARE makes its services available (collectively, “Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “App”) and associated services (collectively, “WANACARE Services”). The Site, App and WANACARE Services, together are hereinafter collectively referred to as the “WANACARE Platform”

If You have any questions, comments, or concerns regarding these terms or the WANACARE Platform, please contact us at info@wanacare.com

These Terms of Use (the “Terms”) are a binding contract between you and YOMPLY LLC, dba WANACARE (“WANACARE,” “we,” “our” and “us”). You must read these Terms carefully before you start using the WANACARE Services. By accepting our Terms through the consent check-box that is provided in the Registration process, and by making use of our WANACARE Services, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS. As such, any use of the WANACARE Platform in any way means that you agree to all of these Terms, and these Terms will remain in effect while You use the WANACARE Platform. These Terms include the provisions in this document, and any other accompanying terms and conditions of use entered into between You and us for access to our services.

The WANACARE Platform is offered and available to users that are of legal age (18 years of age or older). By using the WANACARE Platform You represent and warrant that you are 18 years of age or older and that you have the legal capacity to form a binding contract with WANACARE. You also represent and warrant that you meet any and all eligibility criteria as disclosed in Clause 2 of the present Terms. If You do not meet all of these requirements, You must refrain Yourself from accessing or making use of the WANACARE Platform. WANACARE may suspend your use of the WANACARE Platform if any of the requirements contained in this paragraph are not met.

We reserve our right to modify the Terms at any time by posting an updated version of the Terms on our Site and/or App. All amendments and modifications to the present Terms are effective immediately when we post them. As such, we encourage You to periodically review the Terms. Your continued use of the WANACARE Platform constitutes Your consent to the current Terms posted at the time of Your visit.

NOTICE: Please read these Terms carefully. They cover important information about the WANACARE Platform and any charges, taxes, and fees we bill you.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. NOTWITHSTANDING THE FOREGOING, YOU HEREBY ACKNOWLEDGE AND ACCEPT THAT WANACARE SHALL NOT BE IN ANY CASE RESPONSIBLE FOR ANY ACTIONS OR OMISSIONS PRODUCED BY THE CAREGIVER DURING HIS/HER PERFORMED SERVICES, AND AS SUCH, YOU HEREBY WAIVE YOUR RIGHT TO INITIATE ANY PROCEEDINGS AGAINST WANACARE DUE TO CONDUCTS THAT ARE ATTRIBUTABLE TO THE CAREGIVERS THAT PROVIDE SERVICES THROUGH THE WANACARE PLATFORM.

Caregivers are solely responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to the [Caregiver Services] (as defined below). Caregivers alone are responsible for identifying and obtaining any required training, licenses, insurance or registrations for any Caregiver Services they offer. Penalties may include civil and/or criminal liability, fines or other enforcement.

1. Scope of WANACARE Services

The WANACARE Platform is an online [marketplace or registry] that enables individuals seeking Non-medical care services (including but not limited to caregiver duties involving home care, medication reminders, help with prescribed therapy exercise or companionship to hospital and management of medical appointments (“Clients”) and third parties providing non-medical, independent, professional care services (“Caregivers”, together with Clients, “Members”) to communicate and transact directly with each other.

WANACARE provides the platform to make these connections. We do not employ, recommend or endorse any Caregiver or Client. WANACARE provides information and tools to help Clients and Caregivers connect and make informed decisions. However, each individual is solely responsible for selecting an appropriate care provider or care seeker for themselves or their families and for complying with all applicable laws in connection with any employment relationship they establish. WANACARE does not provide medical advice, diagnosis or treatment or engage in any conduct that requires a professional license nor is WANACARE acting as an agent in any capacity for any Members.

Members are solely responsible for their interaction with other users of the WANACARE Platform, whether online or offline. Any references to a Member being “verified” (or similar language) only indicates that the Member has completed a relevant verification or identification process to access the WANACARE Platform and nothing else. Any such description is not an endorsement, certification or guarantee by WANACARE about any Member, including of the Member’s treatment history, needs, experience, credentials or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when soliciting services, accepting booking request or communicating and interacting with other Members, whether online or in person.

While WANACARE may facilitate the resolution of disputes, WANACARE has no control and does not guarantee (i) the truth, usefulness, precision or accuracy of Member Profiles, Ratings, Reviews, Member opinions, posts or interactions or other Member Content (as defined below) and/or any external links to blogs, other websites, or sources of information that redirects Members to an external platform or website, or (ii) the performance or conduct of any Member.

If You choose to use the WANACARE Platform as a Caregiver, Your relationship with WANACARE is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of WANACARE for any reason, and you act exclusively on Your own behalf and for Your own benefit, and not on behalf, or for the benefit, of WANACARE. WANACARE does not, and shall not be deemed to, direct or control You generally or in Your performance under these Terms specifically, including in connection with Your provision of the Caregiver Services. You acknowledge and agree that You have complete discretion whether to list Caregiver Services, accept a booking or otherwise engage in other business or employment activities.

2. Eligibility

By requesting to use, registering to use and/or using the WANACARE Platform, You represent and warrant that You are least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country You are established and able to enter into legally binding contracts. You also represent and warrant that you meet the following eligibility criteria:

If You are registering to be a Caregiver, You have a valid work permit or are otherwise permitted to legally work within the United States.
Neither You nor any member of Your household may have ever been (i) the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, or (ii) registered, or currently required to register, as a sex offender with any government entity.
If you are registering to be a Caregiver, you hace successfully passed a Level 2 background check from ACHA Florida – Background Screening Clearinhouse
If you are registering to be a Caregiver, You also represent and guarantee to have subscribed a liability insurance policy with a valid insurance company to cover for the services you provide through the WANACARE Platform. A copy of your liability insurance policy must be provided to WANACARE upon WANACARE’s request. You are hereby informed that failure to provide WANACARE with a copy of your insurance policy may trigger suspension of your WANACARE Account.

3. Account Registration and Member Verification

To access most features of the WANACARE Platform, You must register for an account (“WANACARE Account”). If You are registering a WANACARE Account for a business, organization or other legal entity, You represent and warrant that You have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms. When You register for an account, You may be required to provide Us with some information about yourself, such as your name, address, email address, telephone number, and birth date.

By registering You agree to (i) provide accurate, truthful, current and complete information; (ii) maintain and promptly update Your account information upon any changes; (iii) maintain the security of Your account by protecting Your password and restricting access to Your account; (iv) promptly notify WANACARE if You discover or otherwise suspect any security breaches related to Your WANACARE Account; and

(v) take responsibility for all activities that occur under Your account and accept all risks of any authorized or unauthorized access.

Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, We may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from other Members, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

You may not register more than one (1) WANACARE Account unless WANACARE authorizes You to do so. You may not assign or otherwise transfer your WANACARE Account to another party. WANACARE may enable features that allow You to authorize other Members or certain third parties to take certain actions that affect Your WANACARE Account. For example, We may [enable Members to link their WANACARE Accounts to businesses and take actions for those businesses, We may enable eligible Members or certain third parties to request or accept services on behalf of other Members, or We may enable Members to add other Members as Co-Members (as defined below) to help manage their WANACARE Account]. [These features do not require that you share your credentials with any other person. No third party is authorized by WANACARE to ask for your credentials, and you shall not request the credentials of another Member.] WANACARE shall not be liable for the sharing of any credentials that You voluntary provide an external third-party, nor for any damages that such actions may produce You.

4. Modification of these Terms

We reserve the right to modify these Terms at any time in accordance with this provision. We encourage You to check these Terms periodically for changes. If a change to these Terms materially modifies Your rights or obligations, We will notify You of the modified Terms by email to the address You provided in Your user profile and in a notification in the WANACARE Platform or on our Site. If You disagree with the revised Terms, You may terminate this agreement with immediate effect. We will inform you about Your right to terminate the agreement in the notification email, as well as through the procedure indicated in Clause 22 of these Terms. If You do not terminate your agreement before the date the revised Terms become effective, Your continued access to or use of the WANACARE Platform will constitute acceptance of the revised Terms.

5. Access to the WANACARE Services

We reserve the right to withdraw or modify, on a permanent or temporary basis, the WANACARE services. You hereby acknowledge that said withdrawal or modification of the WANACARE Services can be performed in Our sole discretion and without notice, and as such, you accept that WANACARE shall and will not be liable to You or any third party for such withdrawal or modification of the WANACARE Services or the WANACARE Platform. In addition, and in our sole discretion and without justification, we may also restrict or limit your Member access to some areas of the WANACARE Services, or to the WANACARE services on its entirety. You hereby accept that WANACARE shall not be responsible for any damages that any such restrictions or limitations introduced to the WANACARE Platform may produce You.

6. Service Fees and Payment

6.1 Clients

Use of the WANACARE Platform is free for Clients. As such,WANACARE currently does not charge Clients a fee for using the WANACARE Platform. Nevertheless, Clients shall pay Caregivers for the provided care services in accordance to the fee schedule that Caregivers indicate. All fees that any Caregiver states as consideration for the provision of a service is calculated and decided in an independent manner. As such, WANACARE does not take any decision nor recommends Caregivers to introduce a specific fee with respect to the provision of services.

Payment for the provided services will be made by credit or debit card. In this respect, You must introduce a valid credit or debit card number, expiration date and CVV prior to making use of any Caregiver services. The introduced credit or debit cards shall be maintained throughout the duration of the services. By introducing a credit or debit card and associating such bank details to Your profile, You represent and warrant that the credit or debit card introduced belongs to You or that You have been authorized to use such credit or debit card on behalf of a third-party. You agree to notify WANACARE of any change, modification, or amendment that could or may affect the above representations, as well as any changes related to Your payment method.

You also hereby authorize WANACARE to charge any fee for any consumed Caregiver services in accordance with the Caregiver fee schedule. Any payment made to WANACARE shall be subject to applicable taxes. Payments will be made through STRIPE, a Third party payment processor. STRIPE implements sufficient technical and organizational security measures to protect your payment data and maintain such data confidential. As such, STRIPE and not WANACARE shall be solely responsible for any and all actions or omissions that could affect the adequate safeguard of your payment data

WANACARE and STRIPE will not authorize for the contracting of services if your credit or debit card cannot assume the cost of the Caregiver services. In addition, WANACARE may suspend your ability to contract with any Caregiver service as soon as your credit or debit card expires and until You replace the expired credit or debit card details with a new valid credit or debit card. After the payment is duly processed, an invoice will be generated automatically. Said invoice will be automatically associated to the Client account. Clients may review and keep record of its payments through the “Invoice” interface that is available in the WANACARE Platform.

6.2 Caregivers

Payments from the Clients to Caregivers will be transferred to the Caregivers bank account that figures in the WANACARE profile of the Caregiver. As such, Caregivers shall be fully responsible for ensuring that the bank details provided are currently updated and accurate. WANACARE shall not be responsible for any payment that is allocated to any account based on outdated or inaccurate data provided by the Caregiver, nor will have the obligation to refund WANACARE for such incident.

WANACARE charges Caregivers a percentage% of the booking subtotal (the cost of the services contracted) (“Booking Fee”) and deducts it automatically from the booking subtotal at payout. Said percentage of the Booking Fee will vary depending on specific promotions and events, but shall always fluctuate between 10% and 25%.

The Booking Fee will be displayed to Caregivers prior to accepting a booking. WANACARE reserves the right to change the Booking Fee at any time, and will provide Caregivers adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.

You can see the Booking Fee charged for a particular booking in the “[Service / Transaction] History” tab of the App or Site. .

Caregivers are responsible for paying any Booking Fees that You owe to WANACARE. The applicable Booking Fees (including any applicable Taxes) are collected by STRIPE, a third-party payment processor. STRIPE implements sufficient technical and organizational security measures to protect your payment data and maintain such data confidential. As such, STRIPE and not WANACARE shall be solely responsible for any and all actions or omissions that could affect the adequate safeguard of your payment data. STRIPE will deduct the Booking Fee before remitting the payout to the Caregiver, which shall be subject to applicable taxes.. Except as otherwise provided on the WANACARE Platform, Booking Fees are non-refundable.

After the transaction is duly processed, an invoice will be generated automatically. Said invoice will be automatically associated to the Caregiver account. Caregivers may review and keep record of its payments through the “Invoice” interface that is available in the WANACARE Platform.

7. Specific Terms for Clients

7.1 Assumption of risk

You acknowledge and accept that Your decision to use the WANACARE Platform and undertake Caregiver services is voluntary. Prior to contracting the services of any Caregiver through the WANACARE Platform, You hereby declare to undertake your own due diligence in the selection of the most adequate Caregiver. WANACARE does not employ, recommend, or endorse any Caregiver but only provides the WANACARE Platform to assist You in finding a caregiver. WANACARE does not provide any medical advice, diagnosis, or treatment nor it engages in any conduct that requires a professional license. As such, You are solely responsible for any interaction with other Members of the WANACARE Platform and the Caregiver shall be responsible for his/her own actions regarding the services it provides to You. As such, You also hereby accept that WANACARE shall not be responsible for the actions and/or omissions of any Caregiver in the provisions of his/her services.

7.2 Caregiver screening

In accordance with the above Clause 3, WANACARE may, but has no obligation with regards to the screening of its Members against third party databases or other publicly available sources of information. In case such screening practices are conducted, WANACARE guarantees that any screening made with respect to a Caregiver shall be in accordance with Chapter 435 of the Florida Statutes, that provides for a Level 2 Screening. Level 2 screening could amount to the checking of state and national fingerprint as well as the consideration of disqualifying offenses. WANACARE may also perform Backgrounds checks practices on Caregivers which may include obtaining reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in their local jurisdiction.

7.3 Ratings

Upon completion of the services, the Client will have the opportunity but not the obligation to rate the Caregiver’s performance of his/her services. Ratings will be conducted from 1 to 5 stars, being 5 stars the maximum score that a Client may give its Caregiver for an excellent performance of his/her services, and 1 star the lowest possible score. Clients may also have the opportunity to submit additional comments to justify the awarded score.

Throughout the scoring process, the Client hereby represents and warrants: (i) that he/she will award his/her score in accordance to an objective assessment of the Caregiver’s services; and (ii) that His/Her score represents with accuracy His/Her belief regarding the performed services; Clients are hereby informed that they will be solely responsible for breach of any of the above representations and warranties. As such, if WANACARE discovers that the ratings have been conducted to deliberately penalize a given Caregiver in accordance to elements that do not fall under the scope of application of the Caregiver’s performed services and that envisages, promotes or encourages conduct that is expressly forbidden in these Terms, WANACARE may, at any time, and without prior notice, cancel, suspend or deactivate the Client’s account. Clients acknowledge and accept that the purpose of the rating system is to help Clients in getting a better understanding of the overall performance of a professional. Nevertheless, WANACARE has no control over the ratings and opinions that Clients post about a given Caregiver. The overall rating that a Caregiver has in the WANACARE Platform shall not be understood as an endorsement, certification or guarantee offered by WANACARE regarding a specific Caregiver. As such, Clients shall be solely responsible for conducting adequate due diligence and assessment when selecting an appropriate Caregiver. WANACARE shall not be liable for any Caregiver rating that is not accurate, truthful or precise.

8. Specific Terms for Caregivers

8.1 Requirements to become a Caregiver

Before registering as a Caregiver in the WANACARE Platform, you must answer to a series of questions that determine whether or not you are suitable to become a Caregiver. These questions revolve around Your professional qualifications, whether or not you have a valid work permit to work in the US, whether You have been criminally convicted by a competent public authority, or whether you have your own liability insurance. Failure to meet any of such eligibility requirements may render you not suitable to use the WANACARE Platform as a Caregiver In addition, WANACARE will also ask you for further documentations to accredit that the information provided is truth, such as your CV, your ID, and any applicable qualifications. In this respect, by activating the option “Do you certify that al information provided to WANACARE is true and accurate” you represent and warrant that the above information is accurate and precise. You are hereby informed that submitting information that is not accurate or does not represent the truth may not only suppose the deactivation and restriction of Your account, but other liabilities for any and all damages that You may cause or may have caused to both WANACARE and the Clients you provided services to.

8.2 Screening practices

For transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask You to provide a form of government identification or other information or undertake additional checks designed to help verify Your identity or background, (ii) screen You against third party databases or other sources and request reports from other Caregivers or institutions, and (iii) where we have sufficient information to identify You, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in Your local jurisdiction (if available).

8.3 Ratings

Caregivers are informed that upon the conclusion of the services, Clients will have the opportunity to rate them. As such, Caregivers that are rated poorly on a consistent basis could be restricted from accessing the WANACARE Platform or have their profile suspended or restricted. WANACARE guarantees that it shall not restrict Client demand of Caregiver services in accordance with Caregiver rating (for instance, by limiting Caregiver’s capacity to send service offers to all Clients if they are poorly rated). Nevertheless, Caregivers are solely responsible for their adequate provision of the services. As such, WANACARE shall not be in any case responsible for any lack of demand that low-rated Caregivers may perceive or sense.

8.4 Liability

If you choose to use the WANACARE Platform as a Caregiver, you hereby acknowledge that your relationship with WANACARE is limited to being an independent, third-party contractor, and not a WANACARE employee, agent or partner of WANACARE. As such, any action that you conduct whilst performing care services to a Client shall be understood as performed exclusively on your own behalf and for your own benefit. As such, NOR WANACARE NOR ITS EMPLOYEES, SERVICE PROVIDERS, MANAGERS AND DIRECTORS WILL BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES THAT YOU PROVIDE AS A CAREGIVER TO ANY CLIENT THAT REQUESTS YOUR SERVICES, INCLUDING ANY DAMAGES RESULTING IN YOUR INABILITY OR OMISSION TO PROVIDE THE CONTRACTED SERVICES.

9. Booking modifications, cancellations and refunds

Members have complete discretion regarding the sending of requests for services and regarding the acceptance of such requests. In any case, and despite the various security controls that WANACARE may execute to ensure the reliability of a particular Member profile, You should always exercise due diligence and care when requesting or accepting services.

As soon as both the Client and the Caregiver accept the services, the chat box will be enabled in their respective WANACARE profiles to enable for the sending of communications between both Members. In addition, the precise date and time of the service will be made available in each of the Member’s profile.

Occasional cancellations from any of the Members are permitted without incurring in penalty unless the cancellation is subject to the conditions stipulated under clauses 9.1 and 9.2 of the present Terms. In any case, Caregivers and Clients are hereby informed that the unjustified and continuous cancellation of the services by any of its Members could result in penalties that could entail restriction to use the WANACARE Platform, or even, cancellation of the Member account.

9.1 Cancellation due to Caregiver inability to provide the services on the stipulated date

If the Caregiver, independently of his/her reason, cancels the services with less than 1 hours’ notice, the Client will be immediately notified by the WANACARE Platform and his services will be categorized as urgent, in order to facilitate and optimize the process of finding, an adequate substitute for the Client without undue delay. Categorizing the matter as urgent implies making the offer more visible in the WANACARE Platform so that professionals are aware of such services. If a substitute Caregiver is interested in providing the services to the Client, he/she will send his/her offer to the Client through the WANACARE Platform and the Client may decide whether to accept the services of the substitute Caregiver or reject the offer without incurring in a penalty. WANACARE nevertheless does not assign the service to any professional and as such, cannot guarantee that a substituted will be found on time, even if the service is categorized as ‘urgent’. As such, WANACARE shall not be responsible for any damages that Caregiver cancellations may occasion a given Client.

9.2 Cancellation due to Client inability to attend the services on the stipulated date

If the Client, independently of his/her reason, cancels the services with less than 1 hours’ notice, the Caregiver will be immediately notified by the WANACARE Platform and as a penalty, the Caregiver will be awarded 50% of his/her total fees for that specific service, shift or day.

10. Disputes between Clients and Caregivers

Any disputes related to the services received by Client or payment due to Caregiver must be resolved directly between Caregiver and Client. You (either Client or Caregiver) understand and agree that WANACARE has no control over and is not responsible for the acts or omissions of any Members on or off the Site. You also understand and agree that WANACARE makes no representation or warranty regarding the quality of any services provided by any Caregiver, not for the conduct of the Clients of the WANACARE Platform. WANACARE is not responsible for the accuracy or reliability of any information provided by any Member on the WANACARE Platform. If you are using the Services as an employee or contractor of an agency Care Provider (an “Agency Caregiver”), you will be considered a Caregiver for purposes of these Terms. WANACARE EXPRESSLY DISCLAIMS, AND YOU EXPRESSLY RELEASE WANACARE FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY DAMAGES, SUITS, CLAIMS AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE FROM AND/OR IN ANY WAY RELATE TO ANY ACTS OR OMISSIONS OF MEMBERS ON OR OFF THE SITE, INCLUDING WITHOUT LIMITATION THE PROVISION OF ANY CARE SERVICES BY ANY CAREGIVER.

11. Currency conversion

Payments by Clients to Caregivers shall be done: (i) in accordance with the Booking Fee; and in any case (ii) in US Dollars. In addition, any payment received by the Caregiver from the Client shall be done in accordance to points (i) and (ii) above, as well as subject to the Booking Fee referred to in Clause 6 of these Terms.

Members acknowledge and accept that any payment made or received in a foreign currency will be converted into US Dollars by their respective banking entities. Conversions made by Members’ bank entities shall be done in any case in accordance with such banking entities’ exchange rates. These exchange rates are solely determined by each banking entity individual and not by WANACARE. As such, WANACARE shall not be liable for any damages, or additional expenses in which Members may incur in that are attributable to the exchange rates of any given banking entity.

12. Taxes

Any payments, including but not limited to, Booking Fees, cancellation fees and/or surcharges made through the WANACARE Platform shall be subject and include any applicable taxes and/or state or federal charges, where required by law. In addition and in accordance with Clause 17, any applicable taxes will be subject to the territorial scope of the application of the WANACARE Platform. As such, WANACARE shall not be liable for any failure to pay or withhold any such taxes in accordance with other state or country tax rates and/or tax base due to Member use of the WANACARE platform outside the territorial scope of the WANACARE Platform.

WANACARE may provide an IRS 1099 form to Members (including Agency Caregivers) upon their request. To adequately request a 1099 form, Members must send a written communication to WANACARE through: info@wanacare.com

13. Security

The password WANACARE provides You with to access the WANACARE Services, as well as any additional information that WANACARE may provide you as part of the WANACARE security procedures must be treated as strictly confidential. Members must not disclose their credentials to any person and/or company. In the case of Caregiver Agencies, credentials should only be shared with those employees that use the WANACARE Platform. You must notify WANACARE if You suffer or suspect to have suffered of any unauthorized access to Your Member account. WANACARE shall not be liable or responsible for Members’ (including Caregiver Agencies) failure of securing its WANACARE Platform credentials, including any damages that an unauthorized access to said credentials could cause such Members.

Members accessing the WANACARE Services from a public or shared computer or network should be additionally cautious to ensure others have no access to Member passwords and other information that may identify the Member. Members shall be solely responsible for conducting adequate due diligence practices with regards to the security measures that they implement in their sole discretion to protect their access credentials.

WANACARE has the right to deactivate any account, at any time, in Our sole discretion and for any reason, including if on Our opinion You have infringed any provision of these Terms.

14. Forbidden Uses

You may use the WANACARE Platform or its Services for purposes that are deemed lawful and in accordance with these Terms. In particular, Members guarantee that they shall NOT use the WANACARE Platform or Services for any of the following purposes:

To send, upload, download, use or knowingly receive any contents or information which does not comply with the Member Content section below;
To infringe any applicable laws, including federal, state, or international law.
To use the WANACARE Services for any advertising or promotional purposes or objectives, including “spam” mails or any similar communications;
To impersonate or attempt to impersonate WANACARE, or any other Member (including a Caregiver Agency) through any means
To engage in any conduct that limits or may limits a Member’s use of the WANACARE Platform.
To engage in any conduct that harms or may harm WANACARE or its Members in any way, and/or expose them to any liability.
To use any bots, or other automated mechanisms, systems or devices to unlawfully access the WANACARE Services for any purposes, irrespective of whether such purposes are malicious or not.
To use the WANACARE Platform in any way that may damage WANACARE Platform or interfere with a Member’s use of the WANACARE Platform.
To install any viruses, including Trojans and Worms or any kind of malware and/or other files, materials, or information which is malicious or harmful in the WANACARE Platform, the Site or the Ap.
To attack or attempt to attack the WANACARE Platform.
To interfere or attempt to interfere with the adequate functioning of the WANACARE Platform.
To publish any Member Content as defined in Clause 15 below that infringes any patent, copyright, trademark, trade secret or any other Intellectual Property Rights of WANACARE or third parties.
To publish any Member Content as defined in Clause 15 below that is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; defamatory, libelous, obscene, pornographic, vulgar or offensive; that promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; that is violent or threatening or promotes violence or actions that are threatening to any other person or animal; that promotes illegal or harmful activities or substances; that gives Members the impression that the Member Content emanates from or is endorsed by WANACARE, or any other Member, if this is not the case; and/or that is in strict violation of any WANACARE policy.

15. Member Content

The WANACARE Platform includes interactive areas where you or other Members can create, post or store content, messages, materials, data, information, text, graphics or other items of materials on the WANACARE Platform (collectively, “Member Content”). You are solely responsible for all Member Content that you make available on or through the WANACARE Platform, including for any matter regarding the legality, reliability, accuracy and adequacy. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the WANACARE Platform or you have all rights, consents and releases that are necessary to grant to WANACARE the rights in and to such Member Content, as contemplated under these Terms]; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or WANACARE’S use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (iii) that any Member Content that you may make available through the WANACARE Platform does not fall under the scope of any of the Forbidden Uses listed in Clause 14.

WANACARE may, without prior notice, remove or disable access to any Member Content that WANACARE finds to be in violation of applicable law, these Terms or WANACARE’s then-current policies or standards, or otherwise may be harmful or objectionable to WANACARE, its Members, third parties, or property.

By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the WANACARE Platform, you grant to WANACARE a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the WANACARE Platform, in any media or platform. Insofar as Member Content (including verified images) includes personal information, such Member Content will only be used for these purposes in accordance with our Privacy clause. Unless you provide specific consent, WANACARE does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.

16. Enforcement Actions that may be taken by WANACARE

WANACARE has the right at any time and from time to time, in its sole discretion to:

To take appropriate legal actions for any unlawful or forbidden use of the WANACARE Services or the WANACARE Platform in accordance with Clauses 14 and 15 above;
To terminate, restrict, deactivate or suspend Your access as a Member to all or part of the WANACARE Services or WANACARE Platform for no reason, including but not limited to, for any infringement of the present Terms.
To Remove or restrict You posting any Member Content for any or no reason and in WANACARE’s sole discretion;
To actively cooperate or assist any law enforcement authority or court requesting WANACARE to disclose Your identity or any other information regarding Your Member account or User Content.

In this respect, YOU WAIVE AND ACCEPT TO HOLD WANACARE HARMLESS FROM CLAIMS THAT RESULT OR ARE TRIGGERED FROM ANY ACTION TAKEN BY ANY AUTHORITY, INCLUDING THOSE ACTIONS THAT MAY DERIVE FROM THEIR INVESTIGATIONS OR USE OF INVESTIGATORY POWERS AND FROM ANY ADDITIONAL ACTIONS THAT MAY BE COMMENCED THAT DERIVE FROM SUCH INVESTIGATIONS BY BOTH ANY INTERESTED PARTIES OR THE ABOVE LAW ENFORCEMENT AUTHORITIES.

WANACARE will commit to ensure its Member’s refrain from publishing Member Content that violates or infringes the present Terms. Nevertheless, WANACARE does not represent or warrant to review all comments and/or material before it is posted in the WANACARE Platform or App, nor can guarantee the immediate or prompt removal of any Member Content that may infringe the present Terms after it has been published in the WANACARE Platform. As such, WANACARE does not assume any liability whatsoever for any action or omission regarding the analysis or takedown of any Member Content provided by any Member. As such, WANACARE shall not be liable to any Member or affected third-party for such nonperformance of any and all activities contained in this paragraph.

17. Territorial scope

WANACARE is located in the state of Florida of the United States. As such, the WANACARE Platform is intended for use only be persons located in Florida, despite it may be available to third-parties that are located outside the State of Florida. In any case, WANACARE makes no claims that this Site, the App, or the WANACARE Platform and Member Contents are accessible outside the State of Florida or that it will be in accordance with the state laws of other US States.

Access to the Site, App, or WANACARE Platform may not be lawful in accordance with the statute law of other States and/or countries. As such, if You access the Site, App or WANACARE Platform outside Florida You do so on Your own initiative and you hereby acknowledge and accept that WANACARE shall not be responsible for complying with any local laws that may be applicable.

18. Trademarks

WANACARE, the WANACARE logo, and any other material related to the logo, including but not limited to, its design, slogan or commercial name, images, or designs are trademarks of WANACARE (the “WANACARE Trademarks”) that may be registered under the applicable Trademark Law. In any case, Members acknowledge, accept and as such, expressly guarantee not to use any WANACARE Trademarks without prior written authorization of WANACARE. Any other trademarks, names, slogans or logos that may be included within the WANACARE Site are the property of their owners. In addition, Members hereby declare, represent and warrant that any Member Content that they submit in the WANACARE Platform that could be protected by Trademark law has been submitted or uploaded with prior written authorization of the trademark owner.

19. Copyright and Limited License

Unless otherwise indicated, the WANACARE Platform and all content and other materials on the WANACARE Platform, including, without limitation, the WANACARE logo, and all designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and the selection and arrangement thereof, (collectively, the “WANACARE Content”) are the proprietary property of WANACARE and are protected by U.S. and international copyright laws.

Subject to your compliance with these Terms, WANACARE grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any WANACARE Content made available on or through the WANACARE Platform and accessible to you, solely for your personal and non-commercial use.

In addition, if You believe that any contents accessible on or from our Site, App or WANACARE Platform could infringe any of Your materials protected by Copyright, you may request us to remove such contents by submitting a written notification to WANACARE and sending such notification to the following address: info@wanacare.com

20. Links provided by Members and/or third-parties

If the Site, App or WANACARE Platform refers or contains any link provided by a Member or a third party that is not WANACARE, WANACARE informs You that it has no control over the information of those third-party websites. As such, WANACARE cannot accept any liability for their adequate functioning, or for any loss or damage that may be caused to its Members arising from Your access to said third-party links. You are therefore warned that any access to said third-party links will be performed at Your own risk and subject to said third-party websites or links terms and conditions. WANACARE does not guarantee either that such terms and conditions from third-party websites are compliant with the law and as such will not be liable for any damages that such access to third-party links may cause You.

The above paragraph is applicable in its entirety to any link that is contained within the Site, App or WANACARE Platform, including any advertisements or sponsored links that could be displayed within any of the above means.

21. Privacy

WANACARE is committed to respecting Your Privacy as a Member. This clause aims to describe how WANACARE collects, uses and under certain scenarios discloses information about our Members and their interaction with the WANACARE Platform.

21.1 Information WANACARE may collect from Members

During the registration phase, we may collect personal identifiable information including your name, second name, surname, email, and address. In addition, and depending on whether the Member is a Client or a Caregiver, further information could be collected. In particular:

When the Member is a Client: Economic information (credit card information), information of the Client’s background (whether he needs assistance to walk or move, whether the Client suffers from cognitive impairment, etc.), information concerning the Client’s schedule and/or alerts, information on the costs of the services and on the services the Client consumed (both services that the Client is currently being provided with, services that are to be provided in a future, and services that were provided in the past) and information on any open conversation the Client may have with WANACARE and/or a Caregiver
When the Member is a Caregiver: Economic information (bank account details, skills regarding the services the Caregiver may offer (for example, whether the Caregiver has technical knowledge in the handling of lifts or whether he/she is able to assist with the Client’s personal hygiene, services the Caregiver can provide the Client with and duration of such services (whether temporary or on a continuous basis), information concerning the Caregiver’s schedule and/or alerts and information on the costs of the services and on the services the Caregiver is to provide (both services that are currently provided, services that are to be provided, and services that were provided) and information on any open conversation the Caregiver may have with WANACARE and/or a Client.

21.2 Information WANACARE could receive from third-parties.

Additional information about You as a Member may be collected from third parties in order to ensure the adequate functioning of the WANACARE Platform. In particular, information from third-parties may be collected for transparency and fraud prevention purposes and as permitted by applicable laws. Information may be collected from government identification means the WANACARE Platform may require. Additional information from third-parties may be required during the process of screening Members against third-party databases or other publicly available sources and/or reports from public records of criminal convictions, sex offender registrations or equivalent version of background or registered sex offender checks if applicable.

21.3 How does WANACARE process Members’ information?

WANACARE uses the personal information collected from its Members through the WANACARE Platform for the following purposes:

To provide Members with access to the WANACARE Platform and provide the WANACARE Services;
To respond to any concern, opinion, suggestion, claim, incidence, comment or question regarding the WANACARE Platform.
To ensure you can manage alerts for the services, either consumed or provided
To process payments on behalf of Caregivers for the services they provide to the WANACARE Platform Clients and transfer payments to their bank accounts
To create invoices to justify Caregiver Services;
To enable communication between Caregivers and Clients regarding the services the former provides to the latter;
To send you commercial communications provided you consent or opt-in to receiving such communications by activating the check-box that is provided during the registration process, and as long as you don’t opt-out by unsubscribing to our database through the process that is available in every communication that WANACARE sends.

21.4 Is the information shared with third-parties?

In general, terms, WANACARE does not share Your personal information with any third-parties without your explicit consent.

Nevertheless, under certain circumstances, WANACARE may share Your personal information with the following third parties:

To Caregivers if you are a Client or to Clients if you are a Caregiver, when communicating with any of said Members through the WANACARE Platform, or after the provision of services, to generate the applicable invoices;

To other third-parties provided You have provided WANACARE with consent;

With third-party service providers to help us for instance to ensure the availability of the WANACARE Platform;

With public administrations, including courts and tribunals, in compliance with WANACARE’s legal obligation, and as provided in Clause 16, including in response to any claim concerning any Member, and/or the initiation by WANACARE of any legal proceedings against any Member for infringing the present Terms.

21.5 How does WANACARE guarantee the security of Your information?

WANACARE implements adequate measures to ensure the safety of the information it receives through the WANACARE Platform, as well as to prevent said information from unauthorized access, disclosure, transformation or destruction.

Notwithstanding the foregoing, Members are informed that WANACARE’s security measures despite diminishing the risk of exposing the personal information to any of the above, cannot be interpreted as absolute or as measures that will prevent any of the above security breaches from taking place. As such, WANACARE may not be able to guarantee absolute security over your personal information.

21.6 How can Members access their personal information and modify or update their information?

Members can amend or update their personal information by editing their WANACARE profile at any time. In addition, Members may also add or delete any created users within their profile.

In addition, Members that have opted-in our commercial database may revoke their authorization to receive WANACARE commercial emails by unsubscribing from our database. To adequately unsubscribe, please follow the procedure that is enabled at the bottom of every commercial communication received. After their registration or after revoking their consent, Members may also and at any time grant their consent to WANACARE to receive commercial communications by info@wanacare.com

22. Term and Termination

WANACARE has the right to suspend, deactivate, or terminate your account including access to said account, whether partially or on its entirety at its sole discretion, at any time, for any or no reason, with or without notification and in any case, without responsibility for the damages that are caused or could be caused.

In addition, Members that do not longer want to be registered in WANACARE may terminate their account and relation with WANACARE at any time, by sending a written notification to info@wanacare.com

After requesting the cancellation of Your account, you hereby declare that WANACARE shall not have any further obligation to provide you with access to the WANACARE Platform, and as such, WANACARE will delete Your account information or any Member Content posted by You upon receiving Your request to terminate your account.

23. Disclaimer of Warranties

WANACARE SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES THAT MAY BE PRODUCED BY VIRUSES, MALWARE, CYBER ATTACKS OR OTHER HARMFUL MATERIAL THAT MAY BE INSTALLED IN YOUR DEVICE, INCLUDING THE INFORMATON THAT IS STORED WITHIN SAID DEVICE, DUE TO YOUR USE OF THE WANACARE PLATFORM, APP OR SITE, OR ARISING FROM A THIRD-PARTY LINK THAT WAS POSTED OR THAT WAS MADE AVAILABLE IN THE WANACARE PLATFORM OR SITE. You are solely responsible for conducting due diligence in accordance with your particular requisites for anti-virus protection.

YOU ARE HEREBY INFORMED THAT YOUR USE OF THE WANACARE PLATFORM, APP AND SITE IS AT YOUR OWN RISK. WANACARE DOES NOT PROVIDE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WANACARE DOES NOT MAKE ANY WARRANTY WITH RESPECT TO THE COMPLETENESS, ADEQUACY, PRECISION, SECURITY, QUALITY, ACCURACY OR AVAILABILITY OF ITS MEMBERS, OF THE CAREGIVER QUALITY OF THEIR SERVICES, AND OF THE MEMBER CONTENTS THAT ARE POSTED BY ANY SUCH MEMBERS OR INFORMATION POSTED BY WANACARE ITSELF IN THE WANACARE PLATFORM. IN ADDITION WANACARE DOES NOT MAKE ANY WARRANTY THAT THE WANACARE PLATFORM AND THE SITE ARE FREE FROM ERROR AND AVAILABLE AT ALL TIMES, OR THAT ANY CONTENTS INCLUDED IN THE WANACARE PLATFORM AND SITE, INCLUDING MEMBER CONTENT IS ACCURATE, RELIABLE, AND REPRESENTS THE TRUTH. WANACARE PUTS IN PLACE SCREENING PRACTICES TO ENSURE THE SAFETY OF THE CAREGIVER SERVICES BUT CANNOT GUARANTEE NOR WARRANT THAT ANY CONDUCT BY A CAREGIVER OR A CLIENT WILL ADHERE AT ALL TIMES TO THE PRESENT TERMS AND THAT CAREGIVERS, AS INDEPENDENT CONTRACTORS WILL PROVIDE OPTIMUM AND HIGH-QUALITY SERVICES AT ATLL TIME. AS TO THE ABOVE WARRANTIES, WANACARE DOES NOT WARRANT THAT ANY ERROR, OR DEFECT WILL BE CORRECTED AND/OR THAT IT WILL TAKE PROMPT OR IMMEDIATE ACTION AGAINST ITS MEMBERS FOR ANY OF THE ABOVE.

WANACARE IN ADDITION AND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT FOR ANY REPRESENTATIONS OR WARRANTIES THAT MAY NOT BE WAIVED, LIMITED OR EXCLUDED IN ITS ENTIRETY UNDER APPLICABLE LAW.

24. Limitations to WANACARE responsibility

NOR WANACARE NOR ITS EMPLOYEES, SERVICE PROVIDERS, MANAGERS AND DIRECTORS SHALL BE RESPONSIBLE OR LIABLE FOR ANY KIND OF DAMAGES THAT ARISE OR THAT ARE CONNECTED WITH YOUR USE THE WANACARE PLATFORM, THE SITE AND/OR THE APP, ANY MEMBER CONTENT THAT IS POSTED BY MEMBERS OF THE WANACARE PLATFORM OR ANY SERVICES THAT ARE PROVIDED THROUGH THE WANACARE PLATFORM BY CAREGIVERS OR SERVICES RECEIVED BY CLIENTS, INCLUDING ANY DAMAGES THAT MAY ARISE DUE TO YOUR INABILITY TO PROVIDE AND ENJOY CAREGIVER SERVICES THROUGH THE WANACARE PLATFORM.

IN ACCORDANCE WITH THE ABOVE PARAGRAPH, WANACARE SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DISTRESS, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF INFORMATION OR DATA, INCLUDING PERSONAL IDENTIFIABLE INFORMATION, AND LOSS OF REVENUE, WHETHER CAUSED BY TORT, OR BREACH OF CONTRACT, INCLUDING BUT NOT LIMITED TO CASES WHERE THE LIABILITY COULD OR MAY BE FORESEEABLE, EXCEPT FOR ANY REPRESENTATIONS OR WARRANTIES THAT MAY NOT BE WAIVED, LIMITED OR EXCLUDED IN ITS ENTIRETY UNDER APPLICABLE LAW.

25. Indemnification

You agree to defend and hold WANACARE, including its employees, any contracted service providers that WANACARE may have, as well as managers and directors, and other Members harmless from any claims, damages, responsibilities and actions, including judgments, awards, costs or any additional expenses that may arise, including reasonable lawyer fees that arise out of Your violation of the present Terms or that are connected with a violation of such Terms, including, but not limited to, Your service provided as Caregiver or received as Client, any Member Content You may have posted in the WANACARE Platform, and any additional use of the WANACARE Platform that is in contravention of the present Terms.

26. Applicable Law and Jurisdiction

Any matters relating to the WANACARE Platform, App or Site, and the present Terms, shall be construed in accordance with and governed by the laws of the State of Florida without regard to any choice or conflict of law provision or rule.

Actions and/or proceedings that are related or arise from the present Terms, the WANACARE platform, the App and Site shall exclusively settled in the Federal courts of the United States or the Courts of the State of Florida that are located in the City of Miami and County of Miami-Dade. Nevertheless, WANACARE retains the right to bring any action or proceeding against You for breach of the present Terms, the App, the WANACARE Platform and the Site in Your country of domicile or any other relevant jurisdiction that WANACARE deems adequate. Acceptation of these terms implies that You hereby and irrevocably waive any and all rights to trial by jury in any legal proceedings that arises out or in connection with the present Terms, the WANACARE Platform, the App or the Site.

27. General Provisions

27.1 Severability

Shall any of the clauses contained in the present Terms be rendered invalid or illegal, only said particular provision will be rendered invalid. As such, the validity of the remaining provisions shall not be affected.

27.2 Entire Agreement

These Terms constitute the sole entire agreement between You and WANACARE with respect to your use as Member of WANACARE of the WANACARE Platform, the App and the Site. As such, acceptance of these Terms shall supersede and any all prior and contemporaneous agreements and understandings that may exist between You and WANACARE.

28. Feedback and how to contact WANACARE

The WANACARE Platform, the App and the Site that is referred to in the following Terms are operated by YOMPLY LLC with registered office at 2655 Le Jeune Road, Suite 1114, Coral Gables, 33134, Miami, FL

Any feedback, opinions, comments or incident reports regarding a failure of the WANACARE Platform, App or Site shall be addressed to info@wanacare.com.