Terms and conditions

Terms and conditions of use

UKPas.co.uk is a website owned and operated by Train For Care Limited, 6 Musters Road, West Bridgford, Nottingham, NG2 7PL. TEL. 0115 7789293 Train For Care Limited is a Company Registered in England and Wales under Company Number 10948138.

These are our terms and conditions. By using our site, you indicate that you accept these terms and conditions, and the referenced policies, and that you agree to abide by them.

T&Cs last modified: 12th April 2018

What we do

UKPas.co.uk operates a platform linking Personal Care Assistants (“PAs”) with those looking for personal care services (“Clients”). PAs and Clients are referred to collectively in this agreement as "Users".

Privacy

By proceeding to use the UKPAS.CO.UK service Users consent that UKPAS.CO.UK may process the personal data (including sensitive personal data) that UKPAS.CO.UK collects from them in accordance with the UKPAS.CO.UK Privacy Policy.

Our terms and conditions incorporate our Privacy Policy – click here to view the Policy.

Services

PAs offer their services on UKPAS.CO.UK, priced per hour. Services delivered in this way are collectively referred to in these terms as “Services”. Whether or not Services are offered and/or accepted is entirely at the discretion of the PA/Client. UKPAS.CO.UK has no control over this process. Services are provided by PAs directly to Clients, who determine the price and all other requirements.

Payments for Services are made directly by the Client to the PA, on terms agreed between the parties. UKPAS.CO.UK has no control over this process.

It is a conditon of using this website as a means to contact PAs/Clients that PAs must fulfill their Services as agreed with the Client and Clients agree to pay for the services rendered. If UKPAS.CO.UK is made aware that any PA or Client has failed to perform their agreement, it may at its complete discretion terminate the account of the offending party.

Although we do not dictate which services may be offered, PAs may only offer services that might reasonably and legally be provided by a Personal Care Assistant. Under no circumstances may a PA advertise other services.

PAs may only offer personal care services that they are legally entitled to provide. By advertising a service, a PA holds out that they have the necessary qualifications, skills, experience and/or accreditation to perform the service.

By registering and using UKPAs.co.uk, PAs are confirming that there are no convictions, cautions, reprimands or final warnings which, if a DBS check were performed, would be revealed, which might prevent them from working in a health and care environment or from working with vulnerable people.

For the avoidance of doubt, UKPAs.co.uk DOES NOT perform DBS checks on PAs and it is entirely for the Client to satisfy themselves with references or other checks that the PA is a suitable person to provide them with personal care services.

Payments

UKPAS.CO.UK does not charge Clients for using the website.

UKPAs.co.uk charges PAs a monthly or annual fee to use the website.

The monthly or annual fee is taken automatically by our payment processor, Stripe. UKPAs.co.uk does not retain any card details.

Facilities offered

Facilities offered to PAs

In exchange for the monthly fee, a PA will be able to:

• Register on the website
• Complete training modules
• Create a profile with a photo, specifying (some sections are optional):
• Their name
• A bio
• Areas covered
• Services offered
• Hourly rate charged
• Driving license
• Smoker/non smoker
• Availability
• Set the profile live to help find more work, or hide it
• Respond to vacancy adverts by messaging prospective Clients
• Use the forum to find support and get answers to questions
• Find out about the latest developments through updated training modules
• Obtain a PDF certificate once all training modules are completed, provided that the PA has paid 12 monthly subscriptions (or purchased an annual subscription)

Facilities offered to Clients

Without charge, UKPAs.co.uk offers the facility for Clients to create an account, create a profile with a photo and other information about themselves, browse through PAs and create a vacancy to advertise for personal care services.

Training

Although the training modules on the website to a large extent mirror the 15 Care Standards, PAs acknowledge that completion of the modules is for awareness only and does not entitle them to the Care Certificate. The PDF Certificate issued by UKPAS.co.uk confirms completion of the modules but is not an accredited standard.

User accounts

To access the full UKPAS.CO.UK site, Users have to register for an account, provide accurate and complete information, and keep their account information updated.

Users cannot register for more than one account.

UKPAS.CO.UK reserve the right to restrict Users' access, temporarily or indefinitely block Users' accounts, warn Clients or PAs of a User's actions or issue Users with a warning at our complete discretion if:

• A user breaches the letter or spirit of these terms and conditions;
• We become aware that a User's actions may cause any loss or liability to other Users.

Contract

The PA and Client decide on the type of services and price. They determine the terms and conditions of services, including any specific requirements and the price, directly between them. The PA and Client create a direct service contract between themselves and UKPAS.CO.UK are not party to that contract.

Users promise that:

• they are able to pay for the services if they are a Client and perform the services if they are a PA;
• by using the site or performing the services, they are not in breach of any applicable laws, rules or regulations or obligations to any other person;
• they have made and will make all required legal and tax filings

Accuracy

User profiles consist of user submitted information. UKPAs.co.uk DOES NOT check or confirm the accuracy of any information contained in user profiles, nor does it perform any checks whatsoever to confirm the identity or reliability of Users advertising on our website. Clients must make their own checks to satisfy themselves as to the identity and reliability of a PA, before using their services. Similarly PAs must make their own checks to satisfy themselves as to the identity and reliability of a Client before agreeing to render services.

Disputes

As the contract for services exists between PA and Client, UKPAS.CO.UK encourage our PAs and Clients to try and resolve any disagreements between themselves. UKPAS.CO.UK cannot provide dispute resolution.

Liability

The Client accepts that UKPAs.co.uk responsibility is limited to providing a platform for PAs to advertise their personal care services and for Clients to advertise their care requirements. UKPAs.co.uk has no responsibility for a PA’s acts or omissions except where these could reasonably have been identifiable from information received by UKPAs.co.uk.

In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for any claim, damage, or loss which may be incurred by Users as a result of their use of the website.

Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation.

To the extent that we are able to limit the remedies available under this agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies: any payment made directly to UKPAs.co.uk for use of the website.

As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.

Governing Law

These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions or their subject matter or formation (including non-contractual disputes or claims).