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Terms & Conditions

These terms and conditions (“T&Cs”) apply to Your access to, and use of the Application (defined herein below). The Application is operated by QuadraCare: focus on the best world experience Ltd.and its subsidiaries, associates, licensees, and affiliated companies (hereinafter “QC”).

You acknowledge that QC is providing you with a revocable license to use limited features of the Application and is not selling the Application or any features or technologies contained therein.By continuing usage of the Application, You are consenting to be bound by these T&Cs.

PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE T&Cs BEFORE YOU USE THE APPLICATION AND FEATURES CONTAINED THEREIN. If You find any of the T&Cs unacceptable, do not tender your acceptance to use the Application or avail any of its features. YOUR AGREEMENT TO THESE T&Cs SHALL OPERATE AS A BINDING AND LEGALLY ENFORCEABLE AGREEMENT BETWEEN YOU AND ANI IN RESPECT OF THE FEATURES OFFERED/AVAILED USING THE MOBILE APPLICATION.

1. DEFINITIONS

All of the defined and capitalized terms in these T&Cs will have the meaning assigned to them here below:

Terms and conditions of use

1.Introduction

1.1.These terms and conditions shall govern your use of our website or QC Apps.
1.2.By using our website or QC Apps, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website or QC Apps.
1.3.If you register with our website or QC Apps, submit any material to our website or QC Apps or use any of our website or QC Apps services, we will ask you to expressly agree to these terms and conditions.
1.4.Our website or QC Apps uses cookies; by using our website or QC Apps or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2.Copyright notice

2.1.Copyright (c) 2021 QuadraCare: Focus on the Best Experience Ltd.
2.2.Subject to the express provisions of these terms and conditions: we, together with our licensors, own and control all the copyright and other intellectual property rights in our website or QC Apps and the material on our website or QC Apps; and all the copyright and other intellectual property rights in our website or QC Apps and the material on our website or QC Apps are reserved.

3. Licence to use website or QC Apps

3.1.You may:

  • view pages from our website or QC Apps in a web browser;
  • download pages from our website or QC Apps for caching in a web browser;
  • print pages from our website or QC Apps;
  • stream audio and video files from our website or QC Apps; and
  • use our website or QC Apps services by means of a web browser, subject to the other provisions of these terms and conditions.

3.2.Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or QC Apps or save any such material to your computer.
3.3.You may only use our website or QC Apps for the purposes of searching for, booking and managing your relationship with service providers and, if you are a service provider, for managing your relationships with customers; you must not use our website or QC Apps for any other purposes.
3.4.Unless you own or control the relevant rights in the material, you must not:

  • republish material from our website or QC Apps (including republication on another website or QC Apps);
  • sell, rent or sub-license material from our website or QC Apps;
  • show any material from our website or QC Apps in public;
  • exploit material from our website or QC Apps for a commercial purpose; or
  • redistribute material from our website or QC Apps.

3.5.We reserve the right to restrict access to areas of our website or QC Apps, or indeed our whole website or QC Apps, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website or QC Apps.

4. Acceptable use

4.1.You must not:

  • use our website or QC Apps in any way or take any action that causes, or may cause, damage to the website or QC Apps or impairment of the performance, availability or accessibility of the website or QC Apps;
  • use our website or QC Apps in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  • use our website or QC Apps to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spy-ware, computer virus, Trojan horse, worm, keystroke logger, root-kit or other malicious computer software;
  • conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website or QC Apps without our express written consent;
  • access or otherwise interact with our website or QC Apps using any robot, spider or other automated means, except for the purpose of search engine indexing;
  • violate the directives set out in the robots any text file for our website or QC Apps; or
  • use data collected from our website or QC Apps for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2.You must ensure that all the information you supply to us through our website or QC Apps, or in relation to our website or QC Apps, is true, accurate, current, complete and non-misleading.

5. Use on behalf of organisation

5.1.If you use our website or QC Apps or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:

  • yourself; and
  • the person, company or other legal entity that operates that business or organisational project,

to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.

6. Service user registration and accounts

6.1.This Section 6 applies to service users and prospective service users.
6.2.To be eligible for a service user account on our website or QC Apps under this Section 6, you must have valid current bank account and fulfil accompanied criteria mentioned in the check list enclosed in our website or QC Apps and successfully pass an interview.
6.3.You may register for a service user account with our website or QC Apps by searching for a service provider, booking a service, and then completing the registration procedures.

7. Service provider registration and accounts

7.1.This Section 7 applies to you if you are, or wish to be, a service provider offering services to service users through our website or QC Apps.
7.2.To be eligible for a service provider account on our website or QC Apps under this Section 7, you must meet all the criteria mentioned in our check list. You must be either a looking for a job person, self-employed or a business (sole trader, partnership, limited company, community group or other limited liability entity).
7.3.You may register for a service provider account with our website or QC Apps by completing and submitting the account registration form on our website or QC Apps, and clicking on the verification link in the email that the website or QC Apps will send to you. Your account will not become active until we have passed our verification process.
7.4.Service providers acknowledge that neither registration with our website or QC Apps nor the publication of a listing on our website or QC Apps guarantees that the service provider will receive any bookings.

8. User login details

8.1.If you register for an account with our website or QC Apps, you will be asked to choose a name and password.
8.2.Your name must not be liable to mislead and must comply with the content rules set out in Section 23; you must not use your account or name for or in connection with the impersonation of any person.
8.3.You must keep your password confidential.
8.4.You must notify us in writing immediately if you become aware of any disclosure of your password.
8.5.You are responsible for any activity on our website or QC Apps arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

9. Cancellation and suspension of account

9.1.We may:

  • suspend your account;
  • cancel your account;
  • edit your account details,

at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.

9.2.You may cancel your account on QC Apps by sending us a request to do so with 12 (twelve) month notice of membership cancellation, to any of our email addresses. You will not be entitled to any refund if you cancel your account in accordance with this Section 9.2.

10. Non-circumvention

10.1.If you are registered as a service provider on our website or QC Apps, you must not provide any listed our website or QC Apps services or agree to provide any listed services to a customer found using our website or QC Apps, unless the booking of those services is managed through our website or QC Apps and all payments relating to those services are made through our website or QC Apps.
10.2.If you are registered as a service user on our website or QC Apps, you must not suggest or encourage any action by a service provider that would not comply with Section 10.1.
10.3.The service provider must fill in and fully comply with the QC membership Application-Contract Form.

11. Our Responsibilities – Service Providers

11.1.With respect to service providers listed on our website or QC Apps, we will have the following responsibilities:
11.2.With respect to access and publication:
(a) To enable access to the website or QC Apps and associated services, where an account or listing remains active, and where the service provider complies with these terms and conditions.
(b) To publicise the services of the service provider on our website or QC Apps to clients searching for services in their search area, where the service provider is available and their listing is active.
(c) To enable quick re-publication of a listing if it has been temporarily suspended by QC, where requested and mutually agreed by us.
11.3.With respect to record keeping:
(d) To maintain and provide access to auditable records of work carried out through our website or QC Apps, for the purposes of financial and tax reporting.
11.4.With respect to disputes, complaints and reviews and service quality:
(e) In case if appropriate or where explicitly requested, to provide a non-binding opinion, to either the service provider or service user, where a dispute over payment arises, with a view to successfully resolving the dispute.
(f) To check all complaints and reviews about the service provider for obvious factual inaccuracies (we will not exercise any editorial input). We may, in the case of duplication or other identified issues, elect not to publish a complaint or review, but publication should not be taken as an indication that the review represents the opinion of QC App or any of its employees.
11.5.With respect to communications:
(h) We will aim to investigate and take appropriate action with respect to claims of harassment or inappropriate behaviour (short of potentially criminal action) of a service provider by a service user.
(i) Where an emergency, legal obligation or dispute arises we will disclose the details of the service provider’s identity, including telephone numbers and other such services to the third investigating parties.
(j) Aim to provide and facilitate communications between service users and service provider, while maintaining the requirement above.
(k) Aim to ensure and if appropriate advise on our opinion of compliance with these terms and conditions.
(l) If we deem it necessary and appropriate, to ensure that service users having breached the bounds of acceptable behaviour with respect to a service provider are no longer able to book or communicate with the service provider, where reasonably within our control.
11.6.With respect to data security: (m) Aim to take all reasonable measures, including appropriately protecting and encrypting data, to prevent unauthorised access by any user or third party or any other user’s data excluding cases 11.5 (i).

12. Our Responsibilities – Service users

12.1.With respect to service users purchasing services using our website or QC Apps, we will have the following responsibilities:
12.2.With respect to access: (a) To enable access to the website or QC Apps and associated services, where an account or booking remains active, and where the service user is not in breach of these terms and conditions or acceptable standards of behaviour and compliance with QC Constitution and Code of Conduct.
12.3.With respect to record keeping: (b) To provide access, on request or otherwise, to the details of all financial transactions processed as a result of bookings made on our website or QC Apps, for the period specified in our privacy policy and (c) to provide access, on request or otherwise, to details of current and past bookings with service providers, including schedule.
12.4.With respect to disputes, complaints and reviews and service quality:(d) if appropriate or where explicitly requested, to provide a non-binding opinion, to either the service provider or service user, where a dispute over payment arises, with a view to successfully resolving the dispute, (e) if appropriate or where explicitly requested, to suggest alternative service providers, where the service user has issued a complaint or poor review about a service provider, (f) we may suggest, if appropriate, alternative service providers, where a disruption in service or other service quality incident, including but not limited to unexpected cancellation, rearrangement, or failure to attend a booking has occurred and (g) to investigate and take appropriate action (potentially including removing a service provider’s listing) where a serious complaint has been made; and to retain records necessary for making any such investigation.
12.5. With respect to communications: (h) We will aim to investigate and take appropriate action with respect to claims of harassment or inappropriate behaviour (short of potentially criminal action) of a service user by a service provider, (i) as far as possible, except where an emergency, legal obligation or dispute arises that requires otherwise, to protect the details of the service user’s identity and contact information, including telephone numbers, social media accounts, and other such services from unintended discovery by a service provider (noting that sharing the service user’s address is a fundamental part of providing a service), (j) aim to provide and facilitate communications between the service user and service provider, while maintaining the requirement above, (k) aim to ensure and if appropriate advise on our opinion of compliance with these terms and conditions and (l) If we deem it necessary and appropriate, to ensure that service providers, having breached the bounds of acceptable behaviour with respect to a service user, are no longer able to list on our website or QC Apps (if appropriate) or to communicate with the service user, where reasonably within our control, and provided there is no active dispute over payment outstanding.
12.6. With respect to data security: (m) Aim to take all reasonable measures, including appropriately protecting and encrypting data, to prevent unauthorised access by any user or third party to any other user’s data.

 

13.Reviews

13.1.We publish reviews of service providers on our website or QC Apps. We also make use of aggregated ratings of services by users on our website or QC Apps. In this Section 11, “reviews” refers to both reviews and ratings.
13.2.Reviewers are exclusively provided by service users; accordingly, reviews published on our website or QC Apps do not necessarily reflect our views and opinions.
13.3.You acknowledge that reviews published on our website or QC Apps may be out of date, biased, partial, misleading and/or inaccurate.
13.4.You should not rely upon reviews published on our website or QC Apps to make decisions or determine courses of action, and you should conduct your own research before making a decision or embarking upon a course of action.
13.5.Subject to Section 27.1, we will not be liable to you for any loss or damage arising from any reliance you may place on any review published on the website or QC Apps.
13.6.You agree to the publication of reviews relating to you and your business, by others, on our website or QC Apps; you acknowledge that such reviews may be critical or defamatory or otherwise unlawful; and, subject to Section 27.1, you agree that you will not hold us liable in respect of any such reviews, irrespective of whether we are aware or ought to have been aware of such reviews.
13.7.Reviews that you submit to the website or QC Apps must be honest, reasonable and bona fide reviews of the services provided by your current service provider. You may only post a review if it relates to the services that your current service provider has provided. You must not post a review if: (a)you have a financial interest in the subject matter of the review; (b)you are an owner, partner, member, employee, business partner or affiliate of any person who has a financial interest in the subject matter of the review; and/or (c)you are otherwise connected with, or related to, any person who has a financial interest in the subject matter of the review.

13.8.For the avoidance of doubt, your reviews constitute “your content” for the purposes of Section 20 and Section 21.
13.9.You acknowledge that we may publish and otherwise use, in conjunction with your reviews, the name you provide to us, but we shall have no obligation to do so.
13.10.Thus, hereby waive all moral rights in reviews to the maximum extent permitted by applicable law and warrant that all other moral rights in reviews have been waived to the maximum extent permitted by applicable law.

14. Service provider listings (evaluation, enumeration, rating, ranking)

14.1.If you register with our website or QC Apps as a service provider, you will be able to submit listings to the website or QC Apps.
14.2.To create a listing on our website or QC Apps, you should take the following steps: (a) choose the right category (self-employed, business or looking for a job). (b) go through four the following steps:

1) REGISTRATION – If you are looking for a job, then please pay a registration fee 44 GBP (VAT included) and proceed with your inquiry at the QC website. If you are registered as self-employed or a business, please fill in your business details and register a Stripe account.

2) ADMISSION – Please provide all requested evidence by following QuadraCare Academy guidelines on our website.

3) ASSESSMENT – Please watch designated videos and pass a quick knowledge and skills test.

4) CERTIFICATION:

a)choose your preferred QuadraCare Membership type (please note that only individuals employed by QC for more than 12 (twelve) months are entitled for paid holidays indicated in the Membership table);

b)Get your QC BEE Quality Certificate and become QC CERTIFIED SERVICE provider. All types of QC Certification depending on the Membership Category are fully described in QC Constitution and Code of Conduct:

  1. GOLD – QC Certified Care Provider
  2. PLATINUM – QC Qualified Highly skilled Care provider
  3. DIAMOND – QC Advanced Care Assistant
  4. ELITE – QC Care Professional
  5. VIP – QC Care Expert)
  6. c) Once all checks have passed, you will be invited to an interview. After that your listing will be individually reviewed.

14.3.Listings that are submitted will be individually reviewed within 7 days following submission, or the completion of background checks, whichever is later.
14.4.Listings are at our discretion. In particular, and without prejudice to our other rights under these terms and conditions, we will reject or delete any listings that breach these terms and conditions or that do not meet any additional guidelines for listings published on our website or QC Apps; and if we reject or delete a listing for any of these reasons, we will not refund any fees you may have paid to us in respect of the listing.
14.5.If we permit the publication of a listing, it will remain published on our website or QC Apps indefinitely, subject to these terms and conditions.
14.6.Listings submitted to our website or QC Apps must be true, fair, complete and accurate in all respects.
14.7.Listings submitted to our website or QC Apps must constitute bona fide listings relating to the provision of named in QC sectors of services.
14.8.Listings must be allocated to the appropriate category or subcategory. If you cannot identify an appropriate subcategory for a listing, please contact us.
14.9.You must keep your listings up to date using our website or QC Apps interface; in particular, you must remove any listings in respect of products that have ceased to be available. In particular, you must ensure that your calendar is up-to-date, and that reasonable notice of planned absences is provided on your calendar.
14.10.If you provide your services not in the UK only but worldwide (including online services), you must ensure that all prices for your services specified in a listing are in British pound or the appropriate local currency if you are listing your services on our partners franchised Apps.

15. Service rules for Service Providers

15.1.The only services that may be the subject of a listing on our website or QC Apps are named in QC sectors, categories and subcategories services.

15.2.You must remain active QC member. This is stated clearly QC Constitution and Code of Conduct which you must read, understand and agree to to be able to use our website or QC Apps to provide your service, including advertise, buy, sell or supply physical products, intangible products or downloadable products.

15.3.You must not advertise, buy, sell or supply through or in relation to our website or QC Apps any service that:

  • breaches any law, regulations or code, or infringes any person’s intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case in any. jurisdiction and under any applicable law;
  • involves the supply, distribution or publication of any material that would, if published on our website or QC Apps by you, contravene the provisions of Section 4 or Section 23; or
  • relates to drugs, narcotics, steroids or controlled substances; relates to pornography or obscene, indecent or sexually explicit materials; encourages or facilitates criminal acts or civil wrongs; or encourages or facilitates the infringement of any intellectual property right.

15.4. We will process, on behalf of service providers, all payments made by service users to service providers.

16.The purchase and supply process

16.1. A service provider must agree that an application-contract with QC comes in the first instance, and after this stage only a contract for the purchase and supply of a service or services will come into force between you and another registered website or QC Apps user, and accordingly that you commit to purchasing or supplying the relevant service or services, in the following circumstances:

  • Both service providers and service users register and provide all mandatory information and consents to these terms and conditions and the other policies of our website or QC Apps.
  • A service provider sets his profile, timetable and pricing on QC App and website.
  • A service user searches for services, and selects a time for a service to occur and makes a booking.
  • The service provider accepts this booking.
  • Once the service provider accepts the booking, an order confirmation email will be sent to the service user (at which point the order will become a binding contract between the service provider and the service user if QC not specifies any additional contract requirement related to any QC care sectors and categories).
  • Either the service provider or the service user can cancel the booking using our website or QC Apps interface within the cancellation period specified on our website or QC Apps. Late cancellation charges may be applied by the website or QC Apps, on behalf of the service provider, in the event that a cancellation is made after that period. Rights to cancel under this section 16.1 (f) are independent from any right the service user may have to cancel in accordance with Section 18.

17. Terms and conditions of supply
17.1.Service providers must ensure that:1.legal notices are sufficient to meet the service provider’s legal disclosure obligations and other legal obligations; and they comply with all laws applicable to their service listings and supplies of services, including where applicable the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Electronic Commerce (EC Directive) Regulations 2002.

17.2.Notwithstanding any terms agreed between a service user and a service provider, the following provisions will be incorporated into the contract of for the supply of services between the service user and the service provider:

  1. the time at which the purchased services are to be carried out, and the approximate duration of the purchased services will be pre-agreed in the buying process;
  2. the price for the services will be based on rates described in appropriate service providers profile, optionally subject to additional charges, as stated in the relevant service listing;
  3. the QC certified service provider is free to attend in person if service provider is self-employed, or to send any qualified person of group of people under their direction if service provider is acting as QC certified business, in their stead;
  4. other amounts and VAT and other taxes will only be payable by the service user if this is expressly and clearly stated in the service listing;
  5. appropriate means of provision of services must be used by the service provider;
  6. services must be provided with high quality care and skill following QC Constitution and Code of Conduct, rules and regulations requirements and by QC qualified service providers only, and must conform in all material respects to the description of the services in the service listing and any other description of the
  7. services supplied or made available by the service provider to the service user;
  8. if the service provider is not given the correct address beforehand by the service user, and the service provider subsequently attends at the wrong address, then the service user agrees to pay for the full
  9. planned listed service duration, regardless of whether the service provider agrees to attend at another address the service user may specify at the time or not;
  10. if the service provider does not attend a service within 30 minutes of the time or more if it is agreed during the direct communication with the service user (both service provider and service user should be able to provide identical records of this event), the service user may refuse them access and may subsequently refuse payment; however the service user  agrees that if the service provider is allowed access in this situation, payment will be due as though they had attended at the amended and agreed time;
  11. if the service provider, through no fault of their own, is unable to gain access to the property to be cleaned, and if their arrival time is at or within 60 minutes of the agreed time, the service user agrees to pay for the full duration of the missed service at the agreed rate;
  12. if the service provider fails to perform the services agreed, they will not be held liable by the service user for any loss arising from this failure;
  13. in the event that the service provider is allowed to complete the services agreed with the service user, they will not charge the service user for more time (in person-hours) than they or their representatives spent at the client’s house, regardless of the time initially planned for the service;
  14. any increase in the duration of the service, and therefore the price of the service, will be pre-agreed with the service user prior or during the service procedure by the direct communication with the service user (both service provider and service user should be able to provide identical records of this event);
  15. in the event that the service provider is prevented, by the service user, from delivering or completing the service as planned, the service user agrees to pay for the full planned duration of the service, provided that the service provider attended within 60 minutes of the agreed time;
  16. if a service is of a duration within 15 minutes of the planned or pre-agreed duration (in person-hours), it will be billed as though it lasted for the planned duration;
  17. services lasting longer than 15 minutes more than the planned duration, or lasting less than 15 minutes less than the planned duration, will be billed to the nearest 15 person-minutes taken; and both parties agree that QC App is not a party to the contract for service provision.

17.3.If the service provider is a trader and the service user is a consumer, the provisions of Section 18 shall be incorporated into the contract for the supply of services between the service user and the service provider.
17.4.Both service users and service providers undertake to comply with the agreed terms and conditions of supply.

18.Distance contracts: cancellation right

18.1.This Section 18 applies if and only if the services provider is a trader and the service user enters into a contract with the service provider as a client – that is, as an individual acting wholly or mainly outside the service user’s trade, business, craft, qualification or profession.
18.2.The service provider and service user may withdraw an offer to enter into a contract and may cancel a contract entered into at any time by giving 24 hours notice subject to Section 18.3 (both should be able to provide the relevant documents and evidence of communication and agreement). The service provider or user does not have to give any reason for the withdrawal or cancellation.
18.3.The service user agrees that the service provider may begin the provision of services before the expiry of the period referred to in Section 18.2 if agreed verbally or in writing, and the service user acknowledges that, if the service provider does begin the provision of services before the end of that period, then:

  1. if the services are fully performed, the service user will lose the right to cancel referred to in Section 18.2; and
  2. if the services are partially performed at the time of cancellation, the service user must pay to the service provider an amount proportional to the services supplied or the service provider may deduct such amount from any refund due to the service user in accordance with this Section 18.

18.4.In order to withdraw an offer to enter into a contract or cancel a contract on the basis described in this Section 18, the service user must inform the service provider of the service user’s decision to withdraw or cancel (as the case may be). The service user may inform the service provider by means of any clear statement setting out the decision. In the case of cancellation, the service user may inform the service provider using the cancellation form that the service provider will make available to the service user. To meet the cancellation deadline, it is sufficient for the service user to send its communication concerning the exercise of the right to cancel before the cancellation period has expired.
18.5.If the service user withdraws an offer to enter into a contract, or cancels a contract, on the basis described in this Section 18, the service user will receive a full refund of any amount the service user paid to the service provider in respect of the contract, except as specified in this Section 18.2-18.3.
18.6.The service provider will refund money using the same method used to make the payment, unless the service user has expressly agreed otherwise. In any case, the service user will not incur any fees as a result of the refund.
18.7.The service provider will process the refund due to the service user as a result of a cancellation on the basis described in this Section 18 without undue delay and, in any case, within the period of 14 days after the day on which the service provider is informed of the cancellation.

19. Marketplace fees

19.1.Marketplace service providers must pay to us certain fees and commission in respect of each sale of services made through our website or QC Apps. This is explained in full in the Membership section of QC Constitution and Code of Conduct.
19.2.In respect of any fees payable to us by service providers they must refer to the Membership section of QC Constitution and Code of Conduct.

19.3.In respect of commission payable to us by service providers all is explained in full in the Membership section of QC Constitution and Code of Conduct:

  1. commission shall be payable at the rate or rates specified in the Membership section of QC Constitution and Code of Conduct and on our website or QC Apps from time to time;
  2. we shall deduct commission due from amounts held or processed by us on behalf of the service provider; and
  3. commission payments are non-refundable, irrespective of whether a service user subsequently cancels the underlying order and irrespective of whether a service user is entitled to, or receives, a refund in respect of such an order.
  4.  All pre-paid deposits for commission deduction are non-refundable if the user has already used any of our services. For those who haven’t used any of our services as a service provider or user, it’s only refundable after 6 Months or 180 Days after the initial deposit was made.

19.4.All amounts stated in the Membership section of QC Constitution and Code of Conduct and referred in these terms and conditions or on our website or QC Apps are stated inclusive of VAT.

20.Payments

20.1.You must pay to us the QC membership fees in respect of our website or QC Apps services in advance, in cleared funds, in accordance with any instructions on our website or QC Apps.
20.2.If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
20.3.If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

  1. an amount equal to the amount of the charge-back;
  2. all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
  3. and all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 20.3 (including without limitation legal fees and debt collection fees),

and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 20.3.

20.4.If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.
20.5.We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

21. Our role

21.1.You acknowledge that:

  1. we do not confirm the identity of service users, check their credit worthiness or bona fides, or otherwise vet them;
  2. we do check and confirm the identity, right-to-work and other background checks our on service providers. However, we may rely on some misleading, incomplete or inaccurate information treated as fraudulent. We aim to investigate any of those cases and block these service providers from use of QC Apps and website by establishing in the QC application-contract consent of a payable fee of £25,000.00 as a penalty for any service user who carelessly mislead QC. This payment is unavoidable and aims to compensate losses of a potential damage to QC reputation made. As soon as we discover and proved these facts we have a written consent from each service provider in place;
  3. we do check, but not audit or monitor the information contained in listings. Please feel free to inform us about anything concerning;
  4. we are not party to any contract for the sale or supply of the services advertised on the website or QC Apps by service providers, or involved in any transaction between a service user and a service provider in any other way, that we facilitate a marketplace for service users and service providers provide certain services (including management tools and payment processing) to service providers;
  5. we aim are note the agents for any service user or service provider, and we will not be liable to any person in relation to the offer for sale or supply of any services advertised on our website or QC Apps; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or supply of any services and while we may provide an opinion in the interests of resolving a dispute, such opinions should not be considered binding on either party.

21.2.You acknowledge that we cannot be held responsible for the behaviour of our users, either on or off the website or QC Apps, and we cannot guarantee that any information provided by a user is true, accurate, complete, current, and not misleading; and subject to Section 27.1 you will not hold us liable in respect of any loss or damage arising out of any user behaviour or user information. However, we do care for service providers well-being as QC Hive members and try to ensure safe and friendly environment for each of them during service provision.
21.3.For the avoidance of doubt, most of service providers are not our employees or our workers. The best service providers are free to choose working for QC if fully certified and approved. However, it is up to them to determine when to contract with service users and, subject to Section 15, the agreed times for the provision of services and the specific manner in which services will be provided. Service providers have no obligation to enter into any contracts with service users; and service providers may provide services to others outside the scope of these terms and conditions without restriction within his own understanding and responsibility.
21.4.The provisions of this Section 21 are subject to Section 27.1.
21.5.Compensation for Damages

Although we are not liable for damages arising as a result of the service providers actions, we will extend compensation for damages to the service user or QC. Each case is individual, but we will consider the full compensation if:

the service provider damaged an item in the performance of their service provision, scheduled through our platform;
b) the service provider and the service user both agree that the damage was caused by the service provider;
c) the damage is reported to us no later than 24 hours after the service was finished;
d) That photographic evidence of the damage is made available to us;
e) That the service user provides us with proof of the purchase price of the item (in the form of a receipt or bank statement showing the price paid for the item), or is able to provide an independent assessment, by a qualified professional, as to the value of the item;
f) That all evidence requested by us is provided within 24 hours of our request for it, or within any time frame agreed with us within this 24-hour period;

* Compensation towards damage made to service user:

If all of the above conditions are met, we will then involve a specific Insurance company which covers service user. In case if it is a domestic item, we will assess depreciation of the item/resource or possession, based on the time since purchase, at 20% per annum for electronic items and clothing / garments and similar items. We will then offer compensation in the form of credit, repair, replacement or reimbursement. The form of the compensation we offer is at our sole discretion, and will be assessed based on our investigation and advice of our legal team.We will then recover the costs associated with this compensation from the service provider by increasing the rate of commission they pay for jobs booked through us, until the balance is paid.

* Compensation towards damage made to QC: It involves any damages made to reputation of QC Apps and website by establishing in the QC application-contract consent of a payable fee of £25,000.00 as a penalty for any service user who carelessly mislead QC. This payment is unavoidable and aims to compensate losses of a potential damage to QC reputation made. As soon as we discover and proved these facts we have a written consent from each service provider in place, if all of the following conditions are met.

21.6. Compensation for Theft

Although we are not liable for the service provider’s actions while on-site, or for the accuracy of the background checks we carry out on service providers, we will extend compensation for theft to the service user, up to a maximum of excess stated in the insurance policy , if all of the following conditions are met:

a) That the attendance by the service provider, at which the theft is alleged to have occurred, was scheduled on our platform;
b) That the service user provides us with evidence of the prior existence of the stolen item(s), within 24 hours of our request for such;
c) That the service user provides us with evidence of the value of the item(s) (either a purchase receipt, bank statement, or an independent assessment of value by a qualified professional), within 24 hours of our request for such, or within at time frame agreed with us within that 24-hour period;
d) That the theft is reported to us within 24 hours of the end of the scheduled service;
e) That the theft is reported to the police within 24 hours of the end of the scheduled service;
f) That the police name the service provider as a suspect or a person of interest in the investigation;
g) That the police contact us for details of the identity, contact information and whereabouts of the service provider within 28 days of the initial police report;
h) That the police are duly authorised, by the service user, to share the details of the investigation with us.

If and when all of the above conditions are met, we will offer compensation, up to a maximum of the excess stated in the insurance policy for the damage made or value of the stolen item (whichever is lower), in the form of credit, repair, replacement or reimbursement. This offer will be made no later than 14 days following all the above conditions being met. The form of compensation we will provide is fully based in the insurance policy terms and conditions, and each case will be assessed based on the insurance company investigation, and the information they receive from the police.

22. Your content: licence

22.1.In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website or QC Apps for storage or publication on, processing by, or transmission via, our website or QC Apps.
22.2.You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store, edit and publish your content on and in relation to this website or QC Apps, any successor website or QC Apps and any marketing materials relating to this website or QC Apps or any successor website or QC Apps.
22.3.You grant to us the right to sub-license the rights licensed under Section 22.2.
22.4.You grant to us the right to bring an action for infringement of the rights licensed under Section 22.2.
22.5.You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
22.6.You may edit your content to the extent permitted using the editing functionality made available on our website or QC Apps.
22.7.Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete or edit any or all of your content and apply a payable fee of £25,000.00 as a penalty for any service user who carelessly mislead QC. This payment is unavoidable and aims to compensate losses of a potential damage to QC reputation made. As soon as we discover and proved these facts we have a written consent from each service provider in place.

23. Your content: rules

23.1.You warrant and represent that your content will comply with these terms and conditions.
23.2.Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
23.3.Your content, and the use of your content by us in accordance with these terms and conditions, must not:

  1. be libellous or maliciously false;
  2. be obscene or indecent;
  3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
  4. infringe any right of confidence, right of privacy or right under data protection legislation;
  5. constitute negligent advice or contain any negligent statement;
  6. constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
  7. be in contempt of any court, or in breach of any court order;
  8. be in breach of racial or religious hatred or discrimination legislation;
  9. be blasphemous;
  10. be in breach of official secrets legislation;
  11. be in breach of any contractual obligation owed to any person;
  12. depict violence in an explicit, graphic or gratuitous manner;
  13. be pornographic, lewd, suggestive or sexually explicit;
  14. be untrue, false, inaccurate or misleading;
  15. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
  16. constitute spam;
  17. be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
  18. cause annoyance, inconvenience or needless anxiety to any person.

23.4.Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
23.5.You must not use our website or QC Apps to link to any website or QC Apps or web page consisting of or containing material that would, were it posted on our website or QC Apps, breach the provisions of these terms and conditions.
23.6.You must not submit to our website or QC Apps any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

24.Provision of contact details

24.1.Save where expressly requested or permitted by us to do so, you must not add any information to our website or QC Apps that may facilitate direct communications with other users (including without limitation email addresses, postal addresses, instant messaging IDs, telephone numbers, fax numbers, personal website or QC Apps URLs and social networking profile URLs).

25.Report abuse

25.1.If you learn of any unlawful material or activity on our website or QC Apps, or any material or activity that breaches these terms and conditions, please let us know.
25.2.You can let us know about any such material or activity by email.

26.Limited warranties
26.1.We do not warrant or represent:

  1. the completeness or accuracy of the information published on our website or QC Apps;
  2. that the material on the website or QC Apps is up to date; or
  3. that the website or QC Apps or any service on the website or QC Apps will remain available.

26.2.We reserve the right to discontinue or alter any or all of our website or QC Apps services, and to stop publishing our website or QC Apps, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website or QC Apps services, or if we stop publishing the website or QC Apps.
26.3.To the maximum extent permitted by applicable law and subject to Section 27.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website or QC Apps and the use of our website or QC Apps.

27. Limitations and exclusions of liability

27.1.Nothing in these terms and conditions will: 1. limit or exclude any liability for death or personal injury resulting from negligence; 2. limit or exclude any liability for fraud or fraudulent misrepresentation; 3.  limit any liabilities in any way that is not permitted under applicable law; or 4. exclude any liabilities that may not be excluded under applicable law,and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

27.2.The limitations and exclusions of liability set out in this Section 27 and elsewhere in these terms and conditions: 1. are subject to Section 27.1; and 2. govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

27.3.To the extent that our website or QC Apps and the information and services on our website or QC Apps are provided free of charge (limited to December 2023 for service providers who are not willing to purchase QC membership) and always free for service users, we will not be liable for any loss or damage of any nature.
27.4. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
27.5.We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
27.6.We will not be liable to you in respect of any loss or corruption of any data, database or software.
27.7.We will not be liable to you in respect of any special, indirect or consequential loss or damage.
27.8.You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or QC Apps or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
27.9.Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of: 1. what service user’s insurance company would cover; 2.A payable fee of the QC application-contract consent of £25,000.00 as a penalty for any service user who carelessly mislead QC; 3. the total amount paid and payable to us under the contract.

 

28.Indemnity

28.1. Each service provider must be ensured accordingly. Each service user hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or QC Apps or any breach by you of any provision of these terms and conditions.

 

29.Breaches of these terms and conditions

29.1.Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may: 1. send you one or more formal warnings; 2. temporarily suspend your access to our website or QC Apps; 3. permanently prohibit you from accessing our website or QC Apps; 4. block computers using your IP address from accessing our website or QC Apps; 5.contact any or all of your internet service providers and request that they block your access to our website or QC Apps; 6. commence legal action against you, whether for breach of contract or otherwise; 7. suspend or delete your account on our website or QC Apps; 8. contact any parties you have contracted with through the website or QC Apps, to inform them of the breach, and to suggest any course of action that they may wish to consider; and/or 9.block users sharing your physical address from booking on our website or QC Apps.

 

29.2.Where we suspend or prohibit or block your access to our website or QC Apps or a part of our website or QC Apps, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
29.3.If you are a service provider and we take action against you under or in accordance with Section 27.1, you agree that we may contact any of your current and past clients and inform them of the circumstances of the action. We may also suggest alternate providers to them.

3o. Third party website or QC Apps

30.1 .Our website or QC Apps may include hyper-links to other website or QC Apps owned and operated by third parties; we use them for informational purposes only.
30.2. We have no control over third party website or QC Apps and their contents, and subject to Section 27.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

31. Trade marks

31.1. QC App and admin website, www.QuadraCare.co.uk, also our logos, videos, marketing structure and membership scheme, also QC Academy, QC Boutique, QC Lottery and any of the written materials and projects described on QC Apps, QC websites and any of QC Social Media, also any our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
31.2.The third party registered and unregistered trade marks or service marks on our website or QC Apps are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

32. Variation

32.1.We may revise these terms and conditions from time to time.
32.2.The revised terms and conditions shall apply to the use of our website or QC Apps from the date of publication of the revised terms and conditions on the website or QC Apps, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
32.3.If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website or QC Apps, and you must stop using the website or QC Apps.

33.Assignment
33.1.You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
33.2.You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

34. Severability

34.1.If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
34.2.If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

35.Third party rights

35.1. A contract under these terms and conditions is for our benefit and your as service user and/or service provider benefit, and is not intended to benefit or be enforceable by any third party.
35.2.The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

36. Entire agreement

36.1.Subject to Section 27.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website or QC Apps and shall supersede all previous agreements between you and us in relation to your use of our website or QC Apps.

37. Law and jurisdiction

37.1.These terms and conditions shall be governed by and construed in accordance with English law.
37.2.Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

38. Statutory and regulatory disclosures

38.1.We will specify on the website or QC Apps or elsewhere in these terms and conditions the different technical steps you must follow to conclude a contract under these terms and conditions, and also the technical means for identifying and correcting input errors prior to the placing of your order.

38.2.We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website or QC Apps. We recommend that you revise our terms and conditions periodically in the future.
38.3.These terms and conditions are available in the English language only.

 

39. Our details

39.1. Quadracare.co.uk website and QC Apps and Admin website are owned and operated by QuadraCare: focus on the best world experience Ltd. which is registered in England and Wales under registration number  09052646 at the address: Suite 66, 272 Kensington High Street, London, United Kingdom.
39.3. You can contact us by post, using the postal address given above or by using any of the specific contact forms on our website or QC Apps.