Terms and Conditions

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

Smile Care Agency Ltd operates a platform linking care providers (carers) to care seekers (clients).

Carers means individuals (service providers) working on a self-employed basis and delivering care services (care seekers) via the Smile Care Agency Ltd platform

Care seekers, means individuals using the Smile Care Agency Ltd platform to search for care, engage with carers and enter a contractual relationship with the carer.

1. Permitted use

You are not permitted to use this website or its content other than for private, non-commercial purposes. Use of any automated system or software, whether operated by a third party or otherwise, to extract data from this website for commercial purposes (“screen scraping”) is prohibited. Smile Care Agency Ltd reserves its right to take such action as it considers necessary, including issuing legal proceedings without further notice, in relation to any unauthorised use of this website.

2. Intellectual property

All information, data and materials presented on this website, including names, logos, etc., as well as the colour scheme and the layout of the website, are subject to copyright, trademark rights, database rights and/or other intellectual property rights. You may use such content only as strictly required for permitted personal, non-commercial purposes. Any other use and/or reproduction of such content, without the prior written consent of Smile Care Agency Ltd, is prohibited and will constitute a breach of these Terms of Use and may infringe Smile Care Agency Ltd’s intellectual property rights.

3. General Terms of Smile Care Agency Ltd platform

About Smile Care Agency Ltd platform

Smile Care Agency Ltd is an online platform for self-employed carers and care seekers to connect with one another, discuss and arrange/organise care contracts between the care seeker and carer. This is facilitated through providing services which include but are not limited to: -

An online platform which provides a database of self-employed carers (care providers).

Communication online messaging to facilitate communication/interaction.

Secure payment portal to enable secure transactions between carers and care seekers.

Online calendar for monitoring schedule for care seeker and or family/friends to monitor care bookings.

Introductory agency service

Smile Care Agency Ltd is an introductory agency. Smile Care Agency Ltd provides an online platform to facilitate the process of finding carers for the provision of home care services direct. Smile Care Agency Ltd does not directly supply carers to care seekers. Smile Care Agency Ltd does not employ carers, nor does Smile Care Agency Ltd act as care provider or an employment agency. In line with CQC regulations, Smile Care Agency Ltd is not permitted to make changes to the care plan, provide rotas or have any control over the delivery of care.

Limitations of service

All the tools provided by Smile Care Agency Ltd platform are used at the care seekers and self-employed carers’ own risk and there is no guarantee that this work constantly, not be subject to downtime, or removed from service at any point in time due to work being carried out on the site. Smile Care Agency Ltd does not accept any liability for losses or damages caused by the temporary unavailability of the service or technical errors.

Smile Care Agency Ltd disclaims any liability for accidents, injury, losses accidents, claims or damages arising out of the use of the online platform, the engagement of carers or the provision of care services by carers. Smile Care Agency Ltd has no control of this process.

4. User conduct and use of service

You agree to provide true and accurate information when using the Site. You may NOT use another person's email address, account details or the name of another individual when using this site and agree to notify Smile Care Agency Ltd immediately of any unauthorised use of your email or any other breach of security. Although Smile Care Agency Ltd cannot monitor the conduct of users off the site, it is a violation to use any information obtained from this site to harass, abuse, or harm another person, or to contact, advertise to solicit or sell to any user without their prior explicit consent.

By registering and using this site you confirm that you accept and will abide by our terms and conditions, and you are 18 years old or over and have the right to form legally binding contracts under United Kingdom law. The information provided by you on the platform is correct and accurate.

Carer Selection

By registering and using Smile Care Agency Ltd platform as a person seeking care (care seeker) you agree that it is your responsibility to select an appropriate carer (care provider) for yourself, your family member, any friend/associate, or any other person you are acting for. Smile Care Agency Ltd can help you in the process of introducing and recommending carers, however, Smile Care Agency Ltd will not select a carer for you and the final choice remains with you or your family member/friend/associate.

Background Checks & Vetting of Carers

Smile Care Agency Ltd makes reasonable efforts to check the identity and information provided by carers. This includes identity checks and right to live and work in the UK, qualifications, training certificates and DBS checks.

Where carers cannot provide confirmation of having passed a DBS check within the past 3 years, the carer must provide a valid DBS certificate. Smile Care Agency Ltd does request reference checks but is not obliged to and does not conduct full reference checks of a carer’s stated employment history or care experience. Smile Care Agency Ltd interviews every carer who has registered on the platform whom they see suitable for the role, Smile Care Agency Ltd is not responsible for nor has it control over the quality, reliability, responsibility, suitability, and legality of the carers listed on the platform.

Smile Care Agency Ltd recommends that care seekers carry out their own assessment of a carer’s suitability before engaging into a contract with them by communicating and interviewing carers.

Verifying a carers identity via ‘passport’ photograph.

Requesting proof of training, any qualifications, previous experience, and suitability for the position the carer is applying for.

Following up on references of carers.

Insurance cover

Care seekers should ensure that their household insurance covers carers working in their home and should verify whether carers have their own independent insurance cover.

Carers must have their own insurance before providing their services.

Code of conduct

You should not discriminate against a carer based on skin colour, gender, nationality, disability or any other source of discrimination.

You represent and warrant that you and each member of your household have never been the subject of a complaint, restraining order or any other legal action involved with being arrested for, charged with, or convicted of any criminal offence involving violence, abuse, neglect, theft or fraud, or any offence that involves endangering the safety of others, dishonesty, negligence or drugs, and are not nor have ever been on the sex offenders register or other similar list.

Contract compliance

Once you have set up a contract on the platform and submitted it to a carer, you are bound by the terms of that contract. You must pay the upfront amount for the contract to be active. Should you wish to amend a contract, you must discuss with the carer any amendment to the contract, such as holiday, illness, or any personal circumstances. Smile Care Agency Ltd can offer no mediation or intervention regarding perceived non-compliance with the contract unless the dispute resolution process is activated.

5. Release of liability for user conduct and disputes

Any agreements are legally binding agreements between the care seeker and the carer. Smile Care Agency Ltd are not party to an agreement and we cannot arbitrate or mediate if there is an alleged breach of contract unless the dispute resolution process is activated.

Any issues should be resolved directly between care seeker and carer where at all possible. Smile Care Agency Ltd does not accept any liability for claims, demands or direct or indirect damages arising from disputes between care seekers and carers, however we do offer a dispute resolution pathway which should be followed in the case of disagreement.

6. Dispute Resolution Policy

Overview

All direct communication between care seeker and care provider must go via the platform to keep both parties protected.

Smile Care Agency Ltd provides a dispute resolution process where there is a disagreement between care seeker and carer. Either care seeker or carer can dispute a contract. Smile Care Agency Ltd will examine the contract. Smile Care Agency Ltd reserves the right at its sole discretion to defer payment, reimburse or cease contractual payments at any time.

All Disputes reported to Smile Care Agency Ltd by a care seeker or carer via the site will be investigated however it is the option of Smile Care Agency Ltd to do so. The parties agree that they shall attempt in good faith to resolve any Dispute promptly through negotiations between the care seeker and carer. Smile Care Agency Ltd will use all reasonable endeavours to provide a written response via email to any issue raised by a care seeker or carer via the site within fourteen (14) days. Smile Care Agency Ltd reserves the right to inform a care seeker or carer respectively of any dispute raised against them and to provide them with a copy of any response provided by Smile Care Agency Ltd.

Disputed funds

The unpaid monies for a contract are held in a secure account and Smile Care Agency Ltd offers no guarantee to either care seeker or carer that there will be either reimbursement or full payment if the dispute resolution policy is activated. Smile Care Agency Ltd will endeavour to come to a fair and reasonable outcome based upon the evidence provided.

7. Payments, Cancellations and Refunds

Payments

Contracts for work are made between the care seeker and the carer. By entering a contract as a care seeker, you agree that you have the funds available to pay for the contract value.

All payments for work completed must be made via Smile Care Agency Ltd Platform only; attempts to pay outside of Smile Care Agency Ltd Platform will lead to sanctions not limited to immediate account suspension. Any offers to pay outside of Smile Care Agency Ltd Platform made by either party must be reported to Smile Care Agency Ltd immediately and the necessary action will be taken.

Our payment gateway is Stripe, and all credit and debit card information is held securely and is PCI compliant.

Weekly Carer’s rates

Rates are set by the carer and may be subject to change. Rates should not be changed during a contract arrangement. If rates are amended before the end of a contract this must result in the termination of the current contract and a new contract be agreed.

Smile Care Agency fees

Smile Care Agency Ltd charges an introducers commission fee (including VAT) of the hourly carer rate that is set on the platform. This commission is included in the rate stated on each carer’s profile on the Smile Care Agency Ltd t platform. Smile Care Agency Ltd reserves the right to alter the terms of its commission structure at any time.

VAT

Smile Care Agency Ltd does not charge VAT on the service provided by carers, we only charge 20% VAT on the commission as outlined by HMRC.

Refunds

Smile Care Agency Ltd does not generally provide refunds or credits for purchase cancellations. However, Smile Care Agency Ltd may at its sole discretion issue refunds or credits when it believes they are warranted.

Cancellations

Smile Care Agency Ltd strongly discourages cancellations of contracts unless exceptional circumstances occur. Carers working through Smile Care Agency Ltd depend on predictable schedules and reliable income. Cancellations of contracts without sufficient warning or reason causes undue inconvenience to carers and provides no income protection to carers working through Smile Care Agency Ltd. It is therefore our policy that any contracted period cancelled within a 24-hour period prior to the contract commencing will be billed and paid to the carer. In exceptional circumstances and where both parties agree, Smile Care Agency Ltd will exercise its discretion to void payment in cases where cancellation has taken place within 24 hours of the contracted period. Refunds for care work already contracted and subsequently cancelled will only be issued where both parties agree that it is appropriate to do so.

All cancellations must be submitted by email to both Smile Care Agency Ltd on [email protected] and the carer.

8. Limitation of liability

Responsibility for contract acceptance

You acknowledge that the decision to enter a contract with a carer is your sole responsibility and that Smile Care Agency Ltd gives no warranty as to the suitability, experience, history, or character of any carer, nor does Smile Care Agency Ltd give any warranty as to the completeness, truthfulness or accuracy of any information or documentation provided by the carer.

Risks of introduction service

You agree that you understand the risks involved in participating in an introductory agency service and you hereby waive any rights to claims for damages from Smile Care Agency Ltd in relation to the service.

Breach of terms and conditions

You agree to indemnify and hold Smile Care Agency Ltd harmless from any claim or demand brought against Smile Care Agency Ltd because of you breaching these terms and conditions.

Liability cap

You acknowledge that Smile Care Agency Ltd’s total liability to you whether in respect of services and whether based in negligence, breach of contract, misrepresentation or otherwise shall not exceed the value of the total commission income Smile Care Agency Ltd derived from you via the Smile Care Agency Ltd platform.

9. Quality assurance and background checks

By using this site or service you authorise Smile Care Agency Ltd to carry out certain background checks and audits at a time of their choosing. Smile Care Agency Ltd reserves the right but not the obligation to use a third party to scan your personal information on an ongoing basis against a variety of sources which may include, but are not limited to, sex offender registries, social media, criminal registries and other legally available databases and resources. Smile Care Agency Ltd has no obligation to perform checks and releases all liability associated with result from checks.

10. Feedback and customer reviews

You will be asked to leave detailed feedback on your care experience. The feedback will affect each carer’s ranking experience on Smile Care Agency Ltd platform. Feedback should be provided honestly, and you must not attempt to falsify feedback. Any attempts of a carer trying to influence you in our feedback or trying to change your opinion unduly should be reported to us. We reserve the right to remove any defamatory, abusive, or offensive feedback at our discretion but are not obliged to do so. You agree to providing an exclusive right for Smile Care Agency Ltd to publish these reviews.

11. Contractual Obligations

By using the Smile Care Agency Ltd platform service, you agree to use the service for all current and future work that takes place because of an introduction made through Smile Care Agency Ltd platform. You must not create contractual agreements outside this service with carers introduced to you on Smile Care Agency Ltd platform, with the deliberate intention of avoiding Smile Care Agency Ltd fees. Any offences will result in but are not limited to the immediate termination of a care seekers and carers profile and care seekers will be charged an introductory fee calculated annually from the weekly rates.

12. Safeguarding Policy

Smile Care Agency Ltd takes the safety of all parties using Smile Care Agency Ltd platform extremely seriously and complies with all relevant legislation including the Care Act 2010, the Mental Capacity Act 2005, and the Safeguarding of Vulnerable Adults Act. Where we deem a "vulnerable" adult is at risk of exploitation or any type of harm and we have received evidence to indicate this, we will comply with this legislation and refer the relevant parties to the nearest Local Authority's Adult Safeguarding Team. Although Smile Care Agency Ltd platform does not directly provide care, we take our duties as a responsible organisation seriously and will endeavour to ensure a duty of care to all participants on the platform.

Smile Care Agency Ltd carries out a risk assessment on all care seekers of the platform based on a combination of telephone communication, written communications, medical history, oral assessment of mental capacity and feedback from carer visits. In instances where there is evidence to suggest that a care seeker may not be able to use Smile Care Agency Ltd platform safely and competently, Smile Care Agency Ltd reserves the right at its absolute discretion to limit access to the platform on temporary or permanent basis.

13. Complaints Policy

Smile Care Agency Ltd takes all customer complaints seriously and is committed to learning from mistakes and improving our service for both current and future care seekers and carers. If you have a complaint, please send this by email to [email protected] 

We aim to respond within 24 hours. We will investigate any matter referred and take appropriate action where necessary. If the complaint is regarding a contract dispute, you will need to contact us by phone or email. If you have concerns regarding the performance, behaviour, or competence of a carer, we will investigate the matter and take proportionate action.

14. Privacy Statement

By using the Smile Care Agency services, you consent that Smile Care Agency Ltd may process the personal data that Smile Care Agency Ltd collects from them in accordance with Smile Care Agency Ltd’s Privacy Policy.

15. Governing Law

The terms and conditions and any dispute arising out of the site and/or the services shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions or in connection with this site and/ or service.

16. Contact Information:

If you have any questions about the terms and conditions by Smile Care Agency Ltd, please contact us at: [email protected]