Terms and Conditions
Updated as of October 14, 2020
These terms and conditions (the "Terms") constitute an agreement between you and On Demand Care Corp, LLC, on behalf of itself and its affiliates ("On Demand Care Corp"). "We" refers to On Demand Care Corp. We provide non-medical services in the home (the "Services"). OndeCare, including its website are referred to as the "Platform" and are considered part of the Services.
1. Nature of the Services
The Services do not include medical services or advice. You should consult with an appropriately trained professional or medical provider for all concerns that require professional or medical advice. As part of the Services, we collect information about the care recipient and transmit that information to you and others (for example, information about eating habits, sleep, mood, pain, etc.). All information is collected and transmitted for your convenience only, and we are not responsible for taking action on any information that we collect or observe.
OndeCare Hero Providers may provide medication reminders and assistance with medication self-administration but may not dispense or administer medications. They may provide assistance with self-application of a digital blood pressure cuff but may not take or interpret vital signs. OndeCare Hero Providers may not provide wound care or perform any task that penetrates the skin, such as injections or skin-prick blood tests.
OndeCare Hero Providers are "Personal Attendants". OndeCare Hero Providers cannot spend more than 20% of their time performing activities that are not directly related to the independent living of the care recipient. Work that is not directly related to the independent living of the care recipient includes the performance of services primarily for the benefit of other members of the household. If you request OndeCare Hero Providers to perform duties that cause them to exceed the requirements above, you agree to pay any additional wages or penalties that may be due, including overtime, meal and rest period pay, tax liabilities, and any fees or penalties.
Although OndeCare Hero Providers can perform light housekeeping for the benefit of the recipient, they are not housecleaners. They may not be asked to perform housework in parts of the house not used by the recipient, or to perform any heavy duty housework such as scrubbing floors, washing windows, moving furniture or yard work.
2. Authority to Bind Care Recipient
These Terms are binding between us and you, on behalf of yourself and, if you are not the care recipient, the care recipient ("Recipient"). You represent that you are at least the age of legal majority in your jurisdiction and that you have full authority to bind the Recipient and yourself (if not the same) these Terms, and every reference in these Terms to "you" and "your" shall including you and the Recipient. You will provide us with evidence of any necessary authority upon request.
3. Changes to Terms or Service
We may modify the Terms, including the rates it charges you, by sending notice. If you do not want to be bound by the modified terms, then you must stop using the Services. Because our Service is evolving over time we may change or discontinue providing the Services, at any time and without notice.
4. General Payment Terms
You agree to keep a current credit or debit card on file with us at all times. You authorize us to charge your card for Services that you order ("Service Fees"). All Service Fees for Services rendered will be charged immediately upon completion of the scheduled appointment. We retain the right to place a hold on your credit card for an ordered or completed appointment. You agree that we may charge your payment method for verification and preauthorization purposes and you agree to bear any additional charges that your bank or other financial service provider may levy on you. We use third party services to process credit card information.
5. Direct Hire Fee
We have invested significant resources in recruiting and training our OndeCare Hero Providers and in providing them tools, support, benefits and insurance. In the event that, during the term of the Services and for a year after, you hire or employ any OndeCare Hero Provider that has been employed by us within the prior 12 months, you will notify us and you will pay a placement fee equal to $10,000 per OndeCare Hero Provider. This includes using a OndeCare Hero Provider directly to supplement the services that you receive through us. You acknowledge that this fee is a reasonable representation of damages suffered by us. You acknowledge that neither you nor the OndeCare Hero Provider will be covered by any insurance or liability protection by us, and you will assume responsibility for all taxes, insurance, overtime and other requirements associated with your employment of that OndeCare Hero Provider, including any additional amounts that we may owe related to our employment of that OndeCare Hero Provider. We may also terminate our service with you immediately.
6. Cancellation by You
You may cancel your Care Services through the platform at least 24 hours prior to the appointment you wish to cancel. You authorize us to charge your credit card for any scheduled appointments that you do not cancel in accordance with this paragraph, including if the OndeCare Hero Provider is unable to deliver the services due to the unavailability of or refusal by the Recipient.
7. Substitution of OndeCare Hero Provider
If a OndeCare Hero Provider is unable to make any scheduled appointment and we receive sufficient advance notification, we will make every reasonable effort to find a replacement in sufficient time, and if no replacement is available, you will not be charged for the appointment. We will not otherwise be responsible for any inability to provide a substitute OndeCare Hero Provider.
If you elect to have the OndeCare Hero Provider provide transportation in the Recipient’s car, including errands, you will be responsible for all necessary insurance to cover any accidents or liability and for any liability in excess of insurance. OndeCare Hero Providers may not ride as passengers of the Recipient or the Recipient’s family members. If you elect transportation in the OndeCare Hero Provider’s car, you understand that the Recipient will ride in the OndeCare Hero Provider’s personal car as a passenger of the OndeCare Hero Provider.
9. Good Samaritan
The Services do not include medical care of any kind, including emergency care, and no part of the Service Fees constitute compensation for any medical or emergency care. Whether an OndeCare Hero Provider renders emergency care is at the discretion of the OndeCare Hero Provider. OndeCare Hero Providers and we shall be entitled to the full benefit of any "Good Samaritan" laws.
You are responsible for providing a safe and secure working environment for the OndeCare Hero Provider, and for obtaining all necessary insurance relevant to your home and your automobile. If an OndeCare Hero Provider detects violence or abuse affecting the Recipient, the OndeCare Hero Provider may be required by law to report that abuse to law enforcement.
11. Privacy and Confidentiality.
12. Communications from Us
You consent to communicating with us and OndeCare Hero Providers via email, text, our website and the OndeCare App, including the transmission of information about the Recipient, the Recipient’s condition (including information that may be considered Protected Health Information under HIPAA), and the Services. Your phone calls with us may be recorded and you consent to that recording. You may also receive email or text updates about the Services, newsletters, special offers, and account reminders. You can remove yourself from digital communications that are not related to the delivery of Services by following the instructions in the email or text. If you do not want to receive communication of health-related information by email or text, please notify us at email@example.com.
13. Acknowledgment of Risks; Insurance; Release and Limitation of Liability
Home care offers an opportunity for people to live independently in their home by receiving assistance with daily activities. However, non-medical home care aides such as our OndeCare Hero Providers cannot provide the same level of safety, support or care as could be found with skilled-nursing or facility-based care. There are risks associated with choosing home care and it is ultimately up to you to determine whether the level of care you require is appropriate for home care. We cannot guarantee that the use of the Services will prevent the Recipient from suffering an injury or illness or that the Recipient’s condition will stabilize or improve.
You hereby release On Demand Care Corp and our officers, agents, employees, contractors and representatives from any liability for injuries, property loss or other damages arising out of the Services to the fullest extent permitted by the law.
To the fullest extent permitted by law, On Demand Care Corp shall not be liable for any indirect, incidental, special, exemplary or consequential damages, or for personal injury, death or property loss or damage or for any damages in excess of the amount you have paid On Demand Care Corp for services in the six (6) month period preceding the claim or action.
14. Governing Law
These Terms and any action related thereto will be governed by the laws of the State of Ohio without regard to its conflict of laws provisions. If a legal action is permitted under these Terms, the parties consent to bring such action exclusively in courts located within the county or federal court district in which the Recipient receives the Services.
We may give notice by means of a general notice on the Platform, electronic mail to your email address in your account, or by written communication sent by first class mail or pre-paid post to your address in your account. You may give notice to us at any time by first class mail or pre-paid post to On Demand Care Corp, LLC, 34 South Main Street, Chagrin Falls, OH 44022, or by email at support@OndeCare.com. Notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or posted on the Platform).
These Terms and any action related thereto will be governed by the laws of the State of Ohio without regard to its conflict of laws provisions. We may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of our equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. Except as provide in Section 17 "Agreement to Arbitrate," If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
17. Agreement to Arbitrate; Dispute Resolution
You and we agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court. You acknowledge and agree that you and we are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and we otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Agreement to Arbitrate" will be deemed void. Except as provided in the preceding sentence, this "Agreement to Arbitrate" will survive any termination of the relationship between us.
17.1. Arbitration Rules and Process
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at the website above.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and we otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and we submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties.
17.2. Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. We will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any arbitration fees will be solely as set forth in the AAA Rules. If your claim for damages does not exceed $75,000, we will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding anything else in these Terms, if we change this "Agreement to Arbitrate; Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this "Agreement to Arbitrate; Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
17.5. Your Choices
If you don’t want to settle Disputes by arbitration as described above, you will notify us by sending us an email to email@example.com within thirty (30) days of the date on which you agreed to these Terms, and consequently you agree that all Disputes will be resolved as provided in Section 14.