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.

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