Definitions

Agreement

means this Agreement between you and us and all documents referred to in this Agreement, your Care Plan and any other documents entered into between us and you in respect of the services (as varied from time to time in accordance with this Agreement).

Authorised person (s)

means a person authorised by you (in accordance with any legal requirements) from time to time to receive information about Your care and make decisions on your behalf in accordance with your Care Plan.

Bank Holiday

means a bank holiday in England and Wales, details of which can be found at https://www.gov.uk/bank-holidays.

Cancellation Notice

means the cancellation notice contained in the Notice of Your Right to Cancel set out at the end of this Agreement, a copy of which is available to access and complete via the platform.

Care Manager

means the care manager notified to you in the Client Guide or such other care manager as notified to you from time to time.

Care Plan

means a written description, prepared by us, describing the nature and level of services which you have requested we supply to you and we have agreed to supply to you, as amended from time to time. In the case of emergency care which we have agreed to provide, such plan may initially be in oral form and shall, as soon as reasonably practicable, be provided in written form.

Care Worker

means the person providing the service. Where more than one person is providing the service for you, “Care Worker” should be read as “Care Workers’” in this Agreement and a reference in this Agreement to a “Care Worker” shall include a “Live-in Care Worker” and Ovation Care approved external Carers.

Live-in Care Worker

means a Care Worker who lives in your home for a period of time to provide the services pursuant to our Agreement.

Complaints Procedure

means the complaints and/or feedback procedure referred to at clause 8 and contained in the Client Guide (as varied from time to time).

Data Protection Legislation

the EU General Data Protection Regulation 2016/679 and UK Data Protection Act 2018; together with all other applicable legislation relating to privacy or data protection and including any statute or statutory provision which amends, extends, consolidates or replaces the same.

The terms “personal data”, “data subject”, “controller”, “processor”, “process” (and its derivatives) and “special categories of personal data” shall have the meanings given to them in the Data Protection Legislation.

Days

means calendar days.

Fees

means the fees for the service (which shall include the Bank Holiday Fees) notified to you initially in the fee schedule and as calculated in accordance with our Agreement or, in respect of emergency care, as agreed with you prior to the provision of such care and as amended in accordance with our Agreement from time to time.

Fee Schedule

means the schedule, provided by us at the end of this Agreement, setting out the fees payable by you / on your behalf for the services (as amended in accordance with Our Agreement from time to time)

Home

means your home address from time to time.

Introductory Visit

means Our first visit to you during which we shall agree with you the Care Plan and Our fees.

Medication Record Sheets

means the sheets on which our Care Workers record any medication provided to you as part of the services.

Platform

Our care platform which can be accessed at ovationcare.co.uk or such other address, notified to you from time to time.

Service’ or ‘Services

the managed home care services to be provided by us to you at your home (or if Your Care Plan includes it) assistance with activities outside your home, provided in accordance with Our Agreement and set out in the Care Plan and which, where applicable, shall include any emergency care we agree to provide.

Client Guide

the guide provided by us to you in respect of the services to be provided on or around the date of this Agreement.

Statutory Regulator

where the service you require is subject to regulation, we are required to be registered with Care Quality Commission (CQC). Contact details for the Statutory Regulator are provided in the Client Guide, and upon request.

Visits

the times during which we attend Your Home to provide the Service.

Week

Monday to Sunday during the term for which the Services are provided.

1 About Us

1.1 Ovation Care Limited, trading as Ovation Care, is a private limited company registered in England and Wales with company number 14622434.

1.2 Should you have any queries in relation to these Terms or on any other matter, you can contact us at: [email protected] or 020 4156 6004

2 Your care

2.1 Your care

We will offer care which reflects Your needs and preferences as set out in your Care Plan and, in particular:

We will visit You and Your Home to discuss Your care requirements virtually or in person (if needed);

We will work with You, Your family and any appropriate external social or health care professionals to carry out an assessment of Your needs and preferences for care and treatment which We will record in a Care Plan;

Where possible and to the extent possible, we will enable and support You to be involved in decisions about the planning of Your care;

We will design Our care and services with a view to ensuring Your wellbeing;

We will make reasonable adjustments, where required and possible, to meet Your individual needs;

We will ensure that We have suitable facilities to meet Your needs and ensure Your safety; and

We will regularly assess the risks to Your health and safety of receiving care and do all that is reasonably practicable to mitigate such risks.

2.2 You will inform Us and keep Us informed of all information which may be relevant to the Care Plan including, but not limited to, Your likes, dislikes, allergies, and lifestyle preferences, physical and medical conditions, including any information provided by any medical professional. You will inform us of any change to your Home address. Following such change, We may carry out a further assessment of Your needs.

2.3 If You are unable to express Your preferences due to lack of capacity (such as because of the Mental Health Act 2005 or the Mental Capacity Act) We will discuss and agree Your care and Your Care Plan with an Authorised Person and act in accordance with Your best interests where decisions need to be made on Your behalf (which will be in accordance with Your Care Plan and any legal requirements).

2.4 We will treat You with dignity and respect. We will respect your autonomy, independence and involvement in Your care, subject to the health, safety and welfare of Our Care Workers and staff. We take your privacy rights seriously and act in accordance with our Privacy Policy.

2.5 We will seek Your consent or, if you do not have sufficient capacity to provide consent, the consent of an Authorised Person before giving any personal care to You. The care We provide will be appropriate and safe and will be provided by suitable Care Workers.

2.6 We will endeavour to prevent You from being abused or subject to improper treatment and We will respond promptly to allegations of abuse. We will deal with complaints in accordance with Our Complaints Procedure.

2.7 We will provide the Service set out in the Care Plan to You with all reasonable skill and care.

2.8 We will formally review the Care Plan:

every three to six months following implementation of the Care Plan;

at Your reasonable request;

when it is apparent to Us that Your circumstances have changed; and/or

at any other time as considered appropriate or desirable.

2.9 We will review the Care Plan with You, Authorised Persons and, where applicable, any other appropriate external social or health care professionals and take all reasonable steps to ensure you understand the Care Plan. Provided You have sufficient capacity to do so, You shall use Your best endeavours to participate in the review of the Care Plan.

2.10 If Your needs change or increase to a level which cannot be met by Us, We will tell You without delay, and will endeavour to discuss alternative arrangements, and agree a mutually acceptable solution with You. We will continue to provide the Service to You during this period (unless We have given You notice to terminate under clause 14.6 and Our Agreement has been terminated).

2.11 As part of Your Care Plan, We will agree the frequency of Our Visits to You and, if applicable, the days and times at which the Services will be provided to You. If You require any change to such agreed times You will need to inform Us before the Monday in the Week prior to the Week in which the change is required to take effect and, in the event that such change results in a change to Our Fees, arrange for the updated Fees to be paid at the same time as You notify Us of such changes.

2.12 As part of Your care We may be able to offer additional services and support for which you may be charged an additional amount. If, following consultation with us, You would like to try any of Our additional services We may require that You enter into a separate agreement for these.

3 Fees and Charges

3.1 Subject to clause 3.2 and clause 3.14, Fees are arranged and agreed prior to our services starting and are calculated based on Your needs and the level of care required as provided in Your Care Plan.

3.2 Where emergency care is required, We will agree a Fee for such emergency care before such care is provided and, if further care is required following completion of the provision of such emergency care, We will agree Fees with You for such further care as soon as reasonably practicable following notification that such care is required and, in any event, on or before the Sunday in the Week prior to the Week the care is requested to commence.

3.3 The Care Worker will record their Visit using our app on a smartphone and Our Fees will be charged on the basis of such records.

3.4 You will pay our Fees in accordance with the Fee Schedule and the provisions of this clause 2.

3.5 Subject to clause 3.9, Our Fees are payable in advance in respect of Services to be provided in the following Week on or before the Monday of each Week. Unless it is an emergency, We will not be able to schedule Your care for the following Week unless We have received payment by this date.

3.6 You can pay Fees by direct debit instant payments (Maestro, Visa, Visa Debit, Mastercard, American Express) to Our bank details provided to You for this purpose from time to time or by any other method agreed with Us in writing in advance.

3.7 Where You agree to make payment by instant payment (by a credit or debit card), payment will be taken on the Monday of each Week in respect of Services to be provided during the following Week and where payment is made by direct debit, payment will be taken on the Sunday of each Week (in respect of Services to be provided during the following Week) although the direct debit mandate in respect of such payment must be submitted to Us on or prior to the Monday of that Week.

3.8 Where full or part-payment of Our Fees is to be made by a third party We will liaise with them directly to arrange payment and You will provide Us with all details and assistance reasonably requested by Us to enable Us to do so. Notwithstanding any agreement reached with a third party in respect of payment, in the event that You are required to pay any part of Our Fees this will be in accordance with Our Agreement and the Fee Schedule unless agreed otherwise in writing.

3.9 Where We agree to provide emergency care to You, the Fees agreed (in accordance with clause 3.1) in respect of such emergency care shall be payable immediately by You and We shall not be required to carry out any emergency care until such Fees have been paid.

3.10 Without limiting any other right or remedy available to us, We reserve the right, if You have failed to pay the Fees, in accordance with Our Agreement, to:-

suspend the Service in accordance with clause 13.1 until payment has been made in full (and Service will be resumed at the beginning on the Week following the Monday on which payment is received); and/or

charge interest on any overdue amount at the rate of 4% per annum above the base rate from time to time of HSBC Bank plc from the due date until the date of payment, whether before or after any judgement, and You shall pay such interest together with the overdue amount.

3.11 We will be entitled to review and increase our Fees for the Service on an annual basis and at any other interval if:

(save for in respect of the Bank Holiday Fees) there is a change to the Service; and/or

the cost of providing the Service increases (which shall include, without limitation, the cost of labour, materials and overheads); and/or

a change is necessary in order to comply with any applicable safety, regulatory or statutory requirements.

3.12 If We increase our Fees as the result of (i) emergency care or (ii) the change of Your Care Plan, You will be obligated to pay such increased Fees to Us from the date the cost of providing the Service increases.

3.13 Unless the increase in our Fees is because of a change to the Service We will give You and / or an Authorised Person at least 2 Weeks’ notice of any increase in our Fees. If the increase in our Fees is because of a change in the Service, we shall agree the change to our Fee with You at the time of agreeing the change to the Service.

3.14 If any third party agrees to pay the Fees, You should notify us of this. You shall remain ultimately responsible for payment and, if such third party fails to pay any Fees when due, this will not affect our rights and remedies pursuant to this clause.

3.15 In respect of Services provided on any day which is a Bank Holiday at any time during such day, Our Fees for Services provided during that day shall be increased as follows:

for Services provided on an hourly charged basis, an additional 50% (inclusive of VAT) per hour to be paid in addition to the Fee set out in the Fee Schedule (as varied from time to time in accordance with Our Agreement); for example, a one-hour charge of £20 will rise to £30; and

for Services provided on a daily (or nightly) basis (which shall include Services where a Live-In Care Worker is provided), by £85 (inclusive of VAT per day (or night)) to be paid in addition to the Fee set out in the Fee Schedule (as varied from time to time in accordance with Our Agreement), such increased rates being the “Bank Holiday Fees”. The additional Fees charged pursuant to this clause are used to pay Our Care Workers an increased amount for providing their services on Bank Holidays.

4 Our Care Workers

4.1 Our Care Workers are employed by us however, from time to time, Ovation Care may supply Ovation Care approved external staff to ensure continuity and quality of services. All terms of services and provisions pertaining to employed carers will also apply to Ovation Care approved external staff.

4.2 We will exercise reasonable care and skill to meet Your individual needs as set out in the Care Plan and to provide suitably trained, skilled, experienced and competent Care Workers to provide the Service.

4.3 If it is necessary for a Care Worker to attend Your Home at a different time and/or day to that agreed, We will give You as much notice as possible.

4.4 We will endeavour to supply a named Care Worker approved by You each time We supply the Service to You. However, sickness, availability and unforeseen events may require us to supply an alternative Care Worker. We will endeavour to give You as much advance notice as circumstances allow.

4.5 If a Care Worker fails to attend Your Home, or You are not satisfied with the standard of the Service, You must notify us by telephone or email without delay. This does not affect Your right to make a complaint in accordance with Our Complaints Procedure.

4.6 Our Care Workers are not permitted to carry out certain tasks, including the following tasks:

▪ heavy lifting of any kind, including lifting or moving You without appropriate equipment or a sufficient number of people to assist;

▪ household maintenance (including DIY tasks);

▪ buying or recommending any over-the-counter preparations such as aspirins or cough medicines; and

▪ any other tasks which they are not allowed to carry out pursuant to any applicable laws, regulations or policies.

4.7 Our Care Workers are made aware that they will only assist You with medication when authorised to do so and agreed as part of the Care Plan. All medication should be made available in their original packages and dosset boxes arranged by the pharmacist. Medication Record Sheets will be completed on each Visit (or, if less, once a day) by Your Care Worker.

5 Gifts and payments

5.1 The Care Worker (or any other person employed or engaged by Us) is not permitted to accept any gifts or tips. Please do not leave any items or money to the Care Worker (or any other person employed or engaged by Us) in Your will.

6 Your Home as a workplace

6.1 You will allow us access to your Home to provide the Services and provide a safe environment and appropriate equipment to allow the Care Worker to carry out the Service. This shall include:

Maintaining a generally clean and safe home free of risks and hazards;

Maintaining a safe route of access to and from Your home;

Providing any equipment supplied by You, or a third party, that is required to deliver Your care such as lifting and transfer aids, wheelchairs and other mobility aids;

Providing all domestic cleaning equipment such as vacuum cleaners, mops, irons etc;

Informing us of any communicable diseases in the household; and

Ensuring that any equipment supplied by You, or a third party, that is required to deliver Your care is regularly maintained and inspected in accordance with all relevant safety requirements.

6.2 We are required to ensure that Your Home and equipment is safe to use for the provision of the Service. We will notify You if We find that Your Home or equipment is not safe and, where possible, assist You with making any necessary changes.

6.3 An entry plan for Your Home may be agreed with You, Your relative or an Authorised Person and if so will appear in the Care Plan.

6.4 Your telephone must not be used by Your Care Worker except for the following reasons:

You or they have a medical emergency; or

they have been given permission by Yourself, however, We will not under any circumstances be responsible for payment of Your telephone bills.

7 Live-in Care Workers

7.1 Legally, Live-in Care Workers have various rights which include (without limitation) the following:

provision of a separate bedroom for them with suitable bathing and toilet facilities which are clean and in a good state of repair; and

a minimum 2 hours break per day. This time off must be within daylight hours. If agreed at the time of assessment some of these hours may be banked to provide longer periods of time off on fewer days, but the minimum provision must be 14 hours over a 7 day week; and

provision of clean bedding as well as adequate cleaning materials and protective clothing to carry out the Service properly. With respect to food our Carer’s are given a £30/ week food allowance but can be catered for if the client would prefer

We will discuss these requirements with you in detail and record these in your Care Plan.

7.2 If You are unhappy remaining alone for any period during which the Live-In Care Worker has their break then We will be happy to discuss alternative arrangements as part of your Care Plan but cannot guarantee the form or scope of such arrangements. Such arrangements may include:

arranging for a family member to cover the break; or

arranging a care worker to attend to whilst the Live-in Care Worker is having their break.

7.3 You acknowledge and agree that you will pay the Company any excess fees as a result of these alternative arrangements. Such excess fees will be invoiced in arrears and immediately due and payable by You to the Company.

8 Complaints & service monitoring

8.1 We will operate a feedback procedure by which You, or, if you lack sufficient capacity, a relative or an Authorised Person can make a complaint or suggestion in relation to the Service. This procedure is described in the Client Guide. Upon request we will also provide a copy of the procedure to any Authorised Person acting on Your behalf.

8.2 Should You have a reasonable cause to complain regarding the Service provided by Us, please inform the Care Manager as soon as possible, using our Complaints Procedure.

8.3 In order to comply with the requirements of the Statutory Regulator or to monitor the quality of the Service, it may be necessary, from time to time, for a member of our staff to observe, supervise, or work with the Care Worker in Your Home. We will give You as much notice as possible if any person other than the Care Worker is to attend Your Home and You will use Your best endeavours to co-operate with us in respect of this clause 8.3.

8.4 Notwithstanding the provisions of Clause 8.3, You agree that from time to time and, We may, make unannounced spot-checks at Your home or residence for the purpose of ensuring the quality of the Service and assess the environment in which our Care Workers are operating. You agree that you will use reasonable efforts to permit access to Our staff for the purpose of conducting these spot-checks.

8.5 You may be asked to participate in user satisfaction surveys, or to be interviewed in person:

as part of our quality assurance procedures; or

at the request of the Statutory Regulator.

8.6 You are not obliged to reply to satisfaction surveys or interviews. We will always request Your consent before We commence any Service monitoring in Your Home.

9 Communication

9.1 We will operate a 24 hour telephone helpline, online chat and email service, as specified in the Client Guide. This line can be used in relation to problems such as: Your care needs changing, or Your Care Worker not arriving as expected. For the avoidance of doubt, this telephone number should not be used for medical or other emergencies.

10 Data Protection and confidentiality

10.1 We shall be considered to be a controller in respect of personal data and special categories of personal data disclosed to Us by You or by another individual on Your behalf.

10.2 We will comply with Our obligations as a controller in respect of personal data and special categories of personal data processed by Us in connection with the Services (“Personal Data”).

10.3 We shall process Personal Data as reasonably required to provide the Services, meet Our legal or regulatory obligations or for Our other reasonable business purposes (including quality control and administration) and may disclose Personal Data to any third parties, regulators and any party based in any jurisdiction including a jurisdiction outside the European Economic Area provided that such disclosure is reasonably required in connection with such purposes and is at all times in compliance with applicable Data Protection Legislation.

10.4 We will process personal data in accordance with our privacy policy which can be found on our website.

10.5 In order to provide Our services we may disclose to You our Care Worker’s personal data. You also agree that this information is confidential You will not disclose, either directly or indirectly, such information to any other person, company or firm for any reason unless such disclosure is required by law, the Statutory Regulator or any relevant local authority.

10.6 We will usually seek permission from You to process special categories of personal data and request You complete the Data Protection Consent Form appended hereto (or provide such consent as may otherwise be required from time to time). However, in certain circumstances it may still be lawful for Us to continue processing sensitive or special categories of personal data without the Your consent in order to comply with Our legal obligations, or because We have relied on an alternative legal ground to carry out such processing as specified in Our privacy policy.

11 Records

11.1 We will ensure that the Care Worker shall keep a daily record of the care You receive, any assistance with Your medication and any other significant information. All records are stored on the Platform which You can access online using your own login details (provided on Your registration). You may provide Your login details to an Authorised Person but otherwise should keep Your login details safe and secure and not share them with anyone else and let Us know if You suspect any unauthorised access to Your account.

11.2 If You cannot access the Platform for any reason, We shall provide a hard copy of such records on request.

12 Insurance & liability

12.1 Subject to clause 12.2 and clause 16, We are responsible for loss or damage that is a foreseeable result of Our breach of this Agreement or us failing to use reasonable care and skill, but We are not responsible for any loss or damage which is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by You and Us at the time We entered into this Agreement.

12.2 Nothing in this Agreement limits or excludes Our liability:

for death or personal injury resulting from Our negligence or the negligence of our employees, sub-contractors or consultants; or

for any damage or liability incurred by You as a result of fraud or fraudulent misrepresentation; or

for breach of Your legal rights in relation to the Services; or

for any other matter for which it would be unlawful to exclude or limit Our liability

12.3 If, during the provision of the Services in Your Home, We cause any damage to your Home. We will make good any damage save for where such damage is caused as a result of any pre-existing fault or damage or the provision of any faulty equipment by You.

12.4 We strictly require each of the Care Workers to hold sufficient liability insurance policy (hereinafter referred as “Policy”) at the minimum level as required by the then-current applicable laws.

12.5 You will ensure that, at all times during which the Services are being provided:

You have in place suitable building and contents insurance to cover accidental damage to Your Home or its contents; and

where the Services include Our Care Worker driving Your motor vehicle, that You have suitable and adequate motor insurance to cover damage or personal injury caused by the use of the motor vehicle by the Care Worker to passengers, Your vehicle and / or third parties or their property.

12.6 During the provision of the Services, We may suggest that You use certain third party service providers. Such suggestions are not part of the Services We provide. Your use of such third party service providers is entirely at Your discretion and at Your own risk and any contract with such third party service provider will be solely between You and them. We do not accept any responsibility for any loss or damage whatsoever that You may suffer as a result of Your use of such third party providers.

13 Withdrawal of the Service

13.1 We reserve the right to withdraw a Care Worker and/or to cancel Our Agreement with immediate effect in circumstances which make the continued provision of the Service untenable. Such circumstances would include (but would not be limited to) failure by You, or someone else at Your Home to provide a safe environment and/or appropriate equipment for the Service (and following which You have had a reasonable period to rectify such failure), sexual or racial harassment, extreme alcohol consumption, unreasonable behaviour or requests that a Care Worker undertake unreasonable or illegal activities.

13.2 Smoking: for the health and safety of Our staff We ask You and anyone else present in Your Home, to refrain from smoking and ventilate any room in that will be used for Your care for at least one hour before the agreed time. If You smoke while Your Care Worker is with You, the Care Worker will be obliged to leave Your home for the duration of Your smoking. Any additional requirements or any variation to this clause will be specified in Your Care Plan.

14 Cancellations and termination

14.1 You can cancel the Service at any time (and for any reason) within 14 days of the date of entering this Agreement (the “Cancellation Period”) by completing the Notice of Your Right to Cancel attached to this Agreement or by completing such notice online by logging into the Platform and following the relevant links.

14.2 If You would like Us to begin providing the Service during the Cancellation Period, You will need to let Us know. We will be entitled to charge for any Services provided during the Cancellation Period if You subsequently cancel Our Agreement during the Cancellation Period. If we complete the provision of the Service during the Cancellation Period, You will lose Your right to cancel. Any Fees paid in advance in respect of Services not yet provided during the Cancellation Period will be refunded to You to the account requested by You.

14.3 For Services greater than 1 month in duration, irrespective of the number of hours per month, You must give us at least one months’ notice in writing if you no longer require the Services or want to suspend the Services for a period of time. You will be responsible for and obligated to pay all applicable Fees during this notice period in accordance with this Agreement and Your Care Plan. Services may be terminated immediately should your or our Care workers comfort or safety be compromised. No charge will be made after the termination in this case.

14.4 For Services less than 1 month in duration, irrespective of the number of hours per month, You must give us at least one weeks’ notice in writing if you no longer require the Services or want to suspend the Services for a period of time. You will be responsible for and obligated to pay all applicable Fees during this notice period in accordance with this Agreement and Your Care Plan. Unless this termination is caused by your safety or comfort being compromised, in which case there will be no charge.

14.5 Please note if You suspend the Service for a period of time We cannot guarantee that the same Care Worker will attend Your Home when You resume the Service.

14.6 For our Hourly / visiting care, You wish to cancel an individual Visit You must give us at least 48 hours’ notice otherwise You will be charged for the Visit in full (including, if the Visit falls on a Bank Holiday, any applicable additional Fees as set out in clause 3.15).

14.7 If cancellation of a Visit of our Hourly / visiting care arises as a result of Your admission to hospital, fees will be chargeable but only in relation to the time We were due to provide the Service on the day You were admitted to hospital.

14.8 If temporary cessation of Live in Care happens as a result of Your admission to hospital, fees will be chargeable but only for the 7 days following your admission. Thereafter, you will not be obliged to pay us until your return home and services by us recommence. If you wish to terminate your services with us following admission to hospital (and do recommence care within a six month period), the usual notice period will be applicable and payable in full as set out in this clause 14 above.

14.9 We may terminate this Agreement:

by giving 7 days’ written notice for any reason; or

immediately on written notice if a third party who has agreed to pay Your Fees (or part of them) fails to pay Your Fees within 21 days of the date of invoice; or

immediately if we can no longer provide the Services in accordance with applicable law or at Our sole the discretion and reasonable opinion the safety or comfort of our Care Workers is compromised or is likely to be compromised; or

after giving 7 days’ written notice that We are unable to meet Your needs, in accordance with clause 2.10.

14.10 For the avoidance of doubt, if You engage a Care Worker in a private or any other capacity outside the terms of this Agreement, then We are permitted to terminate this Agreement on 48 hours written notice to You but you will remain liable in whole and not in part for the full amount of Fees incurred under this Agreement for the Services with respect to the term of the Care Plan. We have no liability to You in whole or in part should you engage any of our Care Workers in a private capacity.

14.11 In the event of Your death, an Authorised Person shall notify Us promptly. This Agreement will terminate immediately in the event of Your death and Your estate will remain responsible for paying all and any outstanding fees in accordance with the terms of our Agreement.

15 Third Party Rights

15.1 No person who is not a party to this Agreement is to have any right pursuant to the Contracts (Rights of Third Parties) Act 1999 to benefit from or to enforce any provision of this Agreement and the parties to this Agreement may agree to cancel or vary the whole of any part of this Agreement without being required to seek or obtain the consent of any third party.

16 Events outside our control

16.1 We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations for any reason outside of our reasonable control. For example, in some cases the Care Worker may attend at other times than agreed due to emergency situations or disruption due to severe weather (and in which case, We will contact You to confirm alternative arrangements).

16.2 You will not be liable or responsible for any failure to perform or delay in performance of any of Your obligations for any reason beyond Your reasonable control.

17 Assignment

17.1 We may transfer, assign, charge or deal in any other manner with all or any of our rights under this Agreement or may sub-contract any or all of our obligations under it We will contact You to let You know if We plan to do this. If you are unhappy with such transfer, You may give Us notice to end our Agreement within 14 days of Us telling You and the Agreement will terminate 7 days following such notification.

17.2 You may only transfer Your rights and/or Your obligations under Our Agreement to someone else if We agree to this in writing.

18 General

18.1 We may vary these terms and conditions in writing by giving You and / or an Authorised Person at least 7 days’ notice. If You do not agree to the variation You may terminate this Agreement in accordance with clause 14.1.

18.2 If any provision of this Agreement is found by a court or other competent authority to be invalid or unenforceable that shall not affect the validity of the remainder of this Agreement.

18.3 The Agreement, and the Care Plan constitute all the terms and conditions between You and Us and is made to supersede all previous agreements and arrangements relating to Your care.

18.4 You acknowledge that You have not been induced to enter into this Agreement by any representation or promise that the Agreement does not expressly contain (but this clause shall not exclude any liability for any representation made by us that was made fraudulently).

18.5 Unless We agree with You otherwise, any notice required to be given to us under the Agreement shall be in writing and shall be delivered personally, or sent by pre-paid first-class post, recorded delivery or by courier. Any notice required under the Agreement shall not be validly served if sent by other means.

18.6 This Agreement shall be construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the Courts of England and Wales.

18.7 If any provision We operate an equal opportunities policy and makes no discrimination on the basis of age, race, religion or belief, gender, gender reassignment, pregnancy and maternity status, sexual orientation, marital status or disability.

19 Promotions & Vouchers

19.1 From time to time the Company may offer certain promotions, discounts or offers which may be used by you for purpose of the Engagement (the “Promotion”). Such a Promotion may be marketed or advertised on the Company’s website or via external media. The Company reserves the right to withdraw, refuse, cancel or interpret the terms of such a Promotion in its own discretion. Participation in a Promotion is subject to availability. If you have been issued with a coupon or code (a “Voucher”) as a part of a Promotion, then in order to participate in the Promotion, you should reference the Voucher when you contact us. All Vouchers are non-transferable and may only be redeemed once. Each Promotion will only be valid for a limited period of time, wholly at the discretion of the Company. Promotions cannot be used in conjunction with any offer or discount that we operate from time to time.

20 Hiring of our staff

Ovation Care take great pride in the quality of people we recruit and our investment in their training. Recruiting, training and insuring our staff is a costly process and therefore if a client engages a member of our staff independently, the client will be charged a one-off fee up to £5,000.

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CONSENT AGREEMENT REGARDING YOUR DATA AND OUR HANDLING OF IT

Privacy statement for Customer

Information That We Collect About Customers and Why We Keep This

We collect personal information and keep records about you and the service that you receive so that we can:

Provide you with the right care and support to meet your individual needs and. preferences and respond to any changes;

Answer any queries that you may have or deal with complaints;

Keep you safe from harm and abuse;

Check the quality of the service that we provide and improve it if necessary.

We will only ask for information that is relevant. This includes information about who you are, your home, what and who is important to you, your care and support needs and preferences and details of the service we provide to you.

What We Do with This Information

Your personal information is important, so we make sure that all the information that we have about you is safely and securely stored.

Most of this information is recorded in your case records via our Care Management Platform, such as your care and support plans. The caregiver will look at your care and support plan each time that they visit. They will make a record of the care and support they provide at the end of every visit. You have a copy of all these records in the Lift Ovation Care ed app. We also keep copies of this information in:

Ovation Care office;

On a secure encrypted cloud based IT system;

With the ‘on call staff member’ who provides management support out of office hours.

We will not keep information about you for longer than is necessary. In most cases we will dispose of information 6 years after our service to you ceases.

Who Else Can See the Information That We Have About You?

The law says that you have a right to see any personal information that we have about you.

To see a copy of any personal information that is not already at your home, or to correct any

inaccuracies, please contact the Ovation Care Registered Manager: Scott at 22 Wenlock Road, London, N1 7GU, Tel: 0800 048 5762.

We will also accept a request from a member of your family or a friend providing they are legally authorised to do so or have your written permission.

Usually, we will not discuss or share your personal information with anyone else unless you have given us permission first. Occasionally, however, we may need to share information about you without asking your consent because the law says we must or because we are concerned about your safety or well-being. This includes:

The statutory regulator for health and social care;

Legal representatives that you have appointed such as attorneys;

A court appointed deputy, visitor or guardian;

The local authority social work or adult social care department / safeguarding or the Health and Social Care Trust;

An independent mental capacity advocate instructed by the local authority;

Other health or social care professionals in an emergency.

Ovation Care Privacy Policy

Ovation Care Limited is registered office at 20-22 Wenlock Road, London, N1 7GU. 0800 048 5762.

For the purposes of Data Protection Legislation (as defined below) Better Home Care Services Limited is the data controller. References to “Ovation Care”, “we”, “us” or “our” are references to Better Home Care Services Limited.

We take the privacy of your information seriously.

This privacy policy explains how we collect and use your personal information in connection with the provision of care services including:

Through your use of our Website (as defined below) and any or any Ovation Care application that we make available from time to time or by contacting us via any means including through our Website live chat, Facebook, by email or phone;

by being a service user (“Client“) or prospective Client of our care services including but not limited to: Elderly Care, Palliative Care, Live-in Care, and Dementia Care (our “Services“);

by being a person(s) arranging the care for and on behalf of a user (“Customer“);

by being next of kin to a Client or prospective Client of our Services; or

by interacting with our content and/or services including by applying to be one of our carers or employees.

This policy also applies to information held about suppliers and possible future suppliers, contacts and all other people we hold information about.

This policy does not apply to our employees or carers.

References to “you” are references to any natural person excluding any of our employees data but including any users, or prospective of our care services, any users’ next of kin, any person accessing this Website.

Please read this privacy policy carefully.

Definitions and interpretation

1.1 In this privacy policy, the following definitions are used: “Data Protection Legislation”

the EU General Data Protection Regulation 2016/679 and the UK Data Protection Act 2018 together with all other applicable legislation relating to privacy or data protection and including any statute or statutory provision which amends, extends, consolidates or replaces the same. The terms “personal data”, “data subject”, “controller”, “processor”, “process” (and its derivatives) and “special categories of personal data” shall have the meanings given to them in the Data Protection Legislation;

“Cookies”

a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies);

“UK and EU Cookie Law”

the Privacy and Electronic Communications (EC Directive) Regulation 2003 as amended, extended, consolidated or replaced;

What information we collect

2.1 From our Website users / people who contact us via the Website:

We may collect the following types of personal data about you, or a Client on behalf of whom you are accessing the Website, when you use the Website (either directly when you provide personal information to us via the Website, or indirectly through cookies used on our Website) or when you correspond with us (for example, by email) for any reason:

(a) Your personal information collected when using our Website chat service including your name and chat history;

(b) Name and contact information such as address, email addresses and telephone numbers;

(c) Information about your device, including IP address, type of device, mobile device model, operating system, web browser type and version, city, timezone

(d) information about the website usage, including number of sessions, sessions’ duration, pages visited and buttons clicked

(e) information about referring websites: where the user clicked the link to get to the Ovation Care Website

2.2 From our App users:

We may collect the following types of personal data about you as the user of the App:

(a) Name and contact information such as email addresses and telephone numbers

(b) Your personal information collected when using our App chat service including your

chat history

(c) Username and log-in details including the SMS code assigned to you and sent to your mobile during the log in process.

(d) Information about your device, including device model, operating system version, city, time zone

(e) Information about the app usage, including number and duration of sessions, when the app was accessed and which buttons the user clicked on the app during their sessions

(f) Information about which of our promotional content user interacted with before installing the app

When you use the App we may also collect the following information about the Client on behalf of whom you are accessing the App, or you if you are the Client:

(a) First name

(b) Part of your post-code; and

(c) Details of any health conditions you choose to tell us about

(d) Care needs, including level of care support

For further information about the personal data that we collect about our Clients, not just through the App, please see section 2.3 below.

2.3 From our Clients and prospective Clients:

We may collect the following types of personal data about you as one of our Clients, or prospective Clients, in order to provide you with the Services:

(a) Personal details of Client: name, address and telephone number along with photo ID;

(b) A photograph of the Client;

(c) Condition of a Client’s home;

(d) Religious and cultural beliefs;

(e) Next of kin, and their contact details;

(f) Completed Herbert Protocol form ​https://www.met.police.uk/herbertprotocol​, which will include health information (for Clients with dementia);

(g) House entry instructions including: directions, access to a Client’s property and key codes for the same;

(h) Personal medical information including past medical history, medication requirements,

or whether the Customer has capacity to make decisions; (i) Care plans;

(j) A Client’s care preferences, including whether carer’s are permitted to wear footwear in a Client’s home, details of a Client’s pets, favourite activities, dietary requirements,

(k) Any other personal data provided to us during our continuous reviews and assessments.

The personal data we collect will include so called ​‘sensitive’ ​or ‘​special categories’​ of personal data, such as details about your health, ethnic origin or religious beliefs. Where required to by Data Protection Legislation, we will seek separate permission from you in writing to process these special categories of personal data.

2.4 From our Customers or next of kin of Clients:

We may collect the following types of personal data about you, as our Customer:

(a) Personal details of our Customer: name, address and telephone number along with photo ID;

(b) Nature of their relationship with a Client; and

2.5 From applicants to Ovation Care:

We may collect the following types of personal data about you in connection with applying to be an employee or carer for Ovation Care:

(a) your name and date of birth;

(b) your home address and contact details (including your mobile telephone number and email address);

(c) your educational (including what training courses you have completed) and professional qualifications, your right to work, visa status, employment status;

(d) your experience in providing care in a professional capacity;

(e) what training courses you have completed;

(f) the type of care you are interested in providing;

(g) any other information about you that you disclose to us during the application process including your CV; and

(h) details of how you heard about Ovation Care.

Purposes of processing and use of your personal information

3.1 Any or all of the above types of personal data may be required by us from time to time in order to provide you with the best possible services and experience when using our Website, App or otherwise when providing our Services.

3.2 Generally, personal data may be used by us for the following reasons:

(a) internal record keeping;

(b) consider your application where you have applied for a position with us;

(c) improvement of our products/services;

(d) data analytics;

(e) carry out our obligations arising from any agreements entered into between you and us;

(f) communicate with you;

(g) administer the Website and App and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; and

(h) transmission by email of promotional materials that may be of interest to you (where we have the right to do so),

in each case, in accordance with this privacy policy and Data Protection Legislation.

3.3 Specifically, Client and Customer personal data may be used for the following reasons:

(a) to contact the Customer and/or Client and attend their address to give care;

(b) to deliver quality care to the Client;

(c) to take payment and grant refunds;

(d) to carry out data analytics including but not limited to predictive health analytics;

(e) to assist care workers, partner agencies and the police if the person it refers a Client goes missing;

(f) to allow our carers access to a Client’s property;

(g) to liaise with those designated to assist in care needs, or people who have power of attorney, to help with care delivery; and

(h) to conduct periodic reviews, phone calls, spot checks, management visits, medication supervisions, and satisfaction surveys to ensure ongoing quality care delivery.

Legal basis for processing

4.1 Our processing of your personal data is necessary: (i) for the performance of contracts to which you will be a party and in order to take steps at your request prior to you entering into those contracts; (ii) where required by a legal or regulatory obligation; and (iii) for the purposes of legitimate interests pursued by us (and where this is not outweighed by your rights).

4.2 We will only process special categories of personal information such as information about your health if such processing is necessary for the provision of health or social care or treatment or the management of health or social care systems and services or by obtaining specific consent from you (or on your behalf) at the time we collect it.

4.3 If you completed the Data Protection Consent Form appended to the Ovation Care Terms and Conditions you will have provided consent in accordance with Data Protection Legislation to the processing by Ovation Care of your special categories of personal data.

4.4 Where our processing is based on the legitimate interest grounds described above, those legitimate interests are: (i) collecting personal information to provide you with a smooth and efficient customer experience; (ii) running our business; (iii) to provide the products and services you have requested; (iv) to prevent fraud; and (v) for the development of our own marketing (not for the purpose of sending unsolicited emails) , research and service.

Disclosure of your personal information

5.1 Except as expressly set out in this privacy policy we do not share, sell, or lease personal information about you to any third parties for their marketing use.

5.2 However, we share your information with the following categories of companies as an essential part of being able to provide our products and services to you, as set out in this privacy policy:

1. a) Professional service providers, such as marketing agencies, advertising partners and website and application hosts who help us run our business;
2. b) Credit reference agencies, law enforcement and fraud prevention agencies, so that we can help tackle fraud and otherwise conduct background checks;
3. c) Public bodies, regulators and law enforcement agencies such as the Care Quality Commission, as necessary to comply with our legal and regulatory obligations;
4. d) Companies approved by you, such as social media sites (if you choose to link your accounts to us);
5. e) Other business entities should we plan to merge with or be acquired by that business entity, or if we undergo a re-organisation with that entity.

Transferring data outside of the UK and EEA

6.1 Your personal information may be transferred to and stored at, a destination outside the European Economic Area (“EEA“) due to us engaging a service provider which is located outside of the UK/EEA, for example, IT hosting and maintenance, service providers whose servers are located outside of the UK/EEA..

6.2 When we, or our permitted third parties, transfer your information outside the UK and European Economic Area, we or they will impose contractual obligations on the recipients of that data to protect your information to the standard required by the Data Protection Legislation. We or they may also require the recipient to subscribe to international frameworks intended to enable secure data sharing. In the case of transfers by us, we may also transfer your information where: (i) the transfer is to a country deemed by the European Commission to provide adequate protection of your information; or (ii) where you have consented to the transfer.

How long will we keep your information?

7.1 We will only keep the information we collect about you for as long as required for the purposes set out above or as required to comply with any legal obligations to which we are subject. This will involve us reviewing our files to check that information is accurate, up-to-date and still required.

7.2 Where we are permitted to send you direct marketing communications, we may retain your contact information necessary for this purpose, (provided that you have consented to receiving them) until you unsubscribe from receiving the same from us (for more information about Marketing and Opting-Out, see below).

Liquidation or Dissolution

8.1 At Ovation Care we are conscious that our primary aim is to deliver, to our Customers and Clients, outstanding, safe, effective, caring, responsive, well-led and person-centred care.

8.2 If, for whatever reason, Ovation Care was no longer operational either by dissolution or in liquidation, we will take steps to seek to place personal data in escrow or ring-fence the data, so as to seek to ensure it’s safe for the purpose of any administrative process.

Your rights

9.1 You have a number of rights concerning the way that we use personal data. At any time, you have the right to:

(a) be informed about the processing of your personal data (i.e. for what purposes, what types, to what recipients it is disclosed, storage periods, any third-party sources from whom it was obtained, confirmation of whether we undertake automated decision-making, including profiling, and the logic, significance and envisaged consequences);

(b) request access to or a copy of any personal data we hold about you;

(c) request the rectification of your personal data, if you consider that it is inaccurate;

(d) request the erasure of your personal data, if you consider that we do not have the right to hold it;

(e) object to your personal data being processed for a particular purpose or to request that we stop using your information;

(f) request not to be subject to a decision based on automated processing and to have safeguards put in place if you are being profiled based on your personal data;

(g) ask us to transfer a copy of your personal data to you or to another service provider or third party where technically feasible; and

(h) ask us to stop or start sending you marketing messages at any time by using the below contact details.

9.2 Requests to exercise these rights should be made in writing to [email protected] we will respond within a reasonable period or in accordance with any statutory time limits contained in Data Protection Legislation. Some of these rights are not absolute and will be assessed when we receive a request.

Marketing and Opting-Out

10.1 We may use your personal information to send you updates (by email, text message, telephone or post) about our services, including exclusive offers, promotions or new services. Where we have your consent or it is in our legitimate interests to do so, we may do this by post, email, telephone or text message (SMS).

10.2 We will always treat your personal information with the utmost respect and never sell it to other organisations for marketing purposes.

10.3 You always have the option of “unsubscribing” from our mailing list for email news alerts and updates at any time, thereby disabling any further such email communication from being sent to you, by clicking the link at the bottom of the email.

10.4 Alternatively, you can send an email to ​ [email protected] ​with the word ‘remove’ in the subject line and the email address that you wish to be removed within the email. In addition, each electronic mailing we send you will contain details of how you can unsubscribe.

Automated processing

11.1 We do not carry out automated decision-making or profiling in relation to your personal data.

Third party websites and services

12.1 Ovation Care may, from time to time, employ the services of other parties for dealing with certain processes necessary for the operation of the Website and App. The providers of such services have access to certain personal data provided by Users of this Website or App.

12.2 Any personal data used by such parties is used only to the extent required by them to perform the services that we request. Any use for other purposes is strictly prohibited. Furthermore, any personal data that is processed by third parties will be processed within the terms of this privacy policy and in accordance with Data Protection Legislation.

Links to other websites

13.1 This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.

Security

14.1 Data security is of great importance to Ovation Care and to protect your personal data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure your personal data.

14.2 If password access is required for certain parts of the Website, you are responsible for keeping this password confidential.

14.3 We endeavour to do our best to protect your personal data. However, transmission of information over the internet is not entirely secure and is done at your own risk. We cannot ensure the security of your personal data transmitted to the Website.

Changes to this privacy policy

15.1 We may change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and where necessary we will take action to bring any changes to your attention. Our registered users with known contact details will be notified via email.

Contacting us and complaints

16.1 If you have any questions about this privacy policy you may contact by email at [email protected].

16.2 If you have any concerns about our use of your information, you also have the right to make a complaint to the Information Commissioner’s Office, which regulates and supervises the use of personal data in the UK, via their helpline on 0800 048 5762.

Cookies

17.1 Ovation Care Website may place and access certain Cookies on your computer either where you have consented to us doing so, or where it is essential for the website to function. We may use Cookies to improve your experience of using the Website and to improve our range of services. Ovation Care has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.

17.2 All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.

Consent to use cookies and changing settings

1 Before the Website places non-essential Cookies on your computer, you will be presented with a pop-up requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling Ovation Care to provide a better experience and service to you. You may, if you wish, deny consent to the placing of non-essential Cookies. You can also disable any essential cookies through your browser settings, however, when you disable essential cookies certain features of the Website may not function fully or as intended.

Our use of cookies

19.1 This Website uses the following Cookies

Analytical / performance cookies

They allow us to recognise and count the number of visitors and to see how visitors move around our Website when they are using it. This helps us to improve the way our Website works, for example, by ensuring that users are finding what they are looking for easily.

Functionality cookies

These are issued to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

Targeting cookies

These cookies record your visit to our Website, the pages you have visited and the links you have followed. We will use this information to make our Website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

How to turn off all cookies and the consequences of doing so

21.1 You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.

21.2 You can choose to delete Cookies at any time; however, you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.

21.3 It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.

21.4 For further information about cookies and how to disable them please go to the guidance on cookies published by the UK Information Commissioner’s Office, www.aboutcookies.org​ or ​www.allaboutcookies.org​.