TERMS AND CONDITIONS
These Terms and Conditions are in relation to PENROSE SENIOR CARE AUDITORS, INC. (the “COMPANY”) and the individual contracting with the COMPANY (the “CLIENT) to select, using the COMPANY website or app or other tools (the “PLATFORM) an independent senior care auditor (the “PROVIDER”) for the purposes of conducting senior care audits (the “SERVICE”) for a senior citizen they have responsibility for (the “SENIOR).
CLIENT represents they are authorized to understand, acknowledge, and consent to these terms and conditions on behalf of the SENIOR.
PROVIDER is provided access to the SENIOR home/community for approximately 30 minutes per visit.
PROVIDER visits SENIOR at home or in a senior care community for the purposes of conducting the SERVICE. PROVIDERs report on the status of the senior and the senior’s living environment using observation. PROVIDERS do not provide assisted daily living (ADL) services, financial services, cleaning services, medication services or any other type of personal, senior care, or household services.
If the SENIOR resides in a private home, PROVIDER will NOT have a key. PROVIDER will have a regularly scheduled appointment time, knock, show their I.D., and the SENIOR or other onsite individual will let them into the SENIOR’s residence. CLIENT will be responsible for the SERVICE payment if the SENIOR is not home or will not let them in.
If the SENIOR resides in a senior care community (e.g. Assisted Living, Skilled Nursing, Nursing Home, Memory Care, Group Home, etc.), PROVIDER will have access to the SENIOR’S unit. PROVIDER will knock and announce himself or herself upon entering. CLIENT will be responsible for the visit payment if the senior or any other individual tells them to leave without completing the SERVICE.
PROVIDER will have access to the SENIOR’s kitchen, dining area, living area, bedroom, and primary bathroom and will leave it in the same condition as it is found.
PROVIDER may take photos of the SENIOR and the SENIOR’S home to attach to the CLIENT report. The SENIOR will be identified by their first name, last initial, and city/state.
If PROVIDER encounters the SENIOR in an emergency condition, if in a: (1) private residence, the PROVIDER will call 911 immediately, report the incident to COMPANY, and take no further action. COMPANY will contact the CLIENT, or (2) senior care community, the PROVIDER will contact the facility nursing/management staff and call 911 immediately, report the incident to COMPANY, and take no further action. COMPANY will contact the CLIENT.
PROVIDER is not providing SERVICE as a licensed healthcare worker or aide and therefore are not qualified to render a professional opinion regarding the health, medical, or mental status of the senior. PROVIDER will not negotiate living conditions or arrangements or share findings with SENIOR or facility, or any other individual or business entity. PROVIDER is not performing SERVICE as a professional home-builders, contractors, or inspectors and therefore cannot be held liable for observations, or lack thereof, regarding any potential house/home construction or maintenance issues.
COMPANY will maintain records that contain personal information about the CLIENT and SENIOR. Every effort will be made to keep this information confidential. COMPANY shares the audit report by emailing it to the CLIENT, housing it in a private online CLIENT account and up to five additional email addresses the CLIENT provides.
COMPANY may, at its discretion, aggregate SENIOR and/or CLIENT information for statistical and marketing purposes and will not use or provide private, personal information.
COMPANY accepts SERVICE agreements acting as disclosed agent for the PROVIDER. Such acceptance by COMPANY as agent for the PROVIDER gives rise to a contract for the provision to you of SERVICE between the CLIENT and the PROVIDER. For the avoidance of doubt: COMPANY does not itself provide SERVICE. COMPANY acts as intermediary between CLIENT and the PROVIDER. CLIENT acknowledges and agrees that the provision to you SERVICE by the PROVIDER is pursuant to the service agreement and that COMPANY accepts your service agreement as agent for the PROVIDER.
COMPANY provides SERVICE through the Penrose App available on mobile devices and the web (the “PLATFORM).
The service agreement provided by COMPANY include:
- The acceptance of service agreements but without prejudice to COMPANY right at its sole and absolute discretion to decline any agreements CLIENT seeks to make;
- Providing PROVIDER(s) profile information to CLIENT by such means as COMPANY may choose;
- Remotely monitoring (from COMPANY headquarters) the performance service agreement by the PROVIDER;
- Receipt of and dealing with feedback, questions and complaints relating to the service agreement, which may be made by email: firstname.lastname@example.org.
The fees that apply for the SERVICE provided by the Transportation Provider can be found on the COMPANY Website. These may be modified or updated from time to time. It is CLIENT responsibility to remain informed about the current rates SERVICE. Any incremental SERVICE added to the current month will be billed at the stand-alone rate, not added into the ongoing fee schedule. This is a month-to-month subscription service that auto-renews unless canceled by the CLIENT.
LIMITATION OF LIABILITY
COMPANY will not be liable in respect of any acts or omissions of its employees, agents or sub-contractors, whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence), misrepresentation, breach of statutory duty, restitution or otherwise, provided that nothing in these Terms and Conditions will limit or exclude COMPANY’s liability to you for personal injury or death caused directly by COMPANY’s negligence.
COMPANY is the contracting partner in relation to CLIENT use of the PLATFORM and SERVICE. The PLATFORM provides means to enable you to obtain SERVICE offered by third party PROVIDERs. They also enable CLIENT to access agreement services as outlined above.
By using the PLATFORM, CLIENT enters into a contract with COMPANY (the “Contract”). In order to be able to use the PLATFORM, CLIENT first needs to set up a personal account. In order to do so, CLIENT provides COMPANY with your personal information, mobile telephone number and credit card data. Upon successful completion of your signing up, COMPANY provides CLIENT with a personal account, accessible for with a password of CLIENT choice.
CLIENT USE OF THE PLATFORM SERVICES
CLIENT warrants that the information provided to COMPANY is accurate and complete. COMPANY
is entitled at all times to verify the information that you have provided and to refuse use of the PLATFORM without providing reasons.
By using the PLATFORM or SERVICE, CLIENT further agrees that:
- CLIENT will only use PLATFORM for your sole, personal use and will not sell them to a third party;
- CLIENT will not authorize others to use account;
- CLIENT will not assign or otherwise transfer account to any other person or legal entity;
- CLIENT will not use an account that is subject to any rights of a person other than you without appropriate authorization;
- CLIENT will not use the PLATFORM or the SERVICE for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
- CLIENT will not use the PLATFORM or the SERVICE to cause nuisance, annoyance or inconvenience;
- CLIENT will not impair the proper operation of the network;
- CLIENT will not try to harm the PLATFORM or the SERVICE in any way whatsoever;
- CLIENT will not copy, or distribute, the PLATFORM or other COMPANY Content without written permission from COMPANY;
- CLIENT will keep secure and confidential your account password or any identification we provide to you which allows access to the Penrose App and/or the SERVICE;
- CLIENT will promptly provide us with such proof of identity as we may reasonably request;
The use of the PLATFORM is free of charge. COMPANY reserves the right to introduce a fee for the use of the PLATFORM and shall inform you accordingly and allow you either to continue or terminate the Contract, at your option.
CLIENT will make payment to COMPANY, acting as agent for the PROVIDER, in respect of the SERVICE provided to you by the PROVIDER. You agree that you will pay for all SERVICES you purchase and that COMPANY may charge your credit card account as provided by you when registering for the SERVICE (including any taxes and late fees, as applicable) that may be accrued by or in connection with the account. CLIENT is responsible for the timely payment of all fees and for providing COMPANY with a valid credit card account for payment of all fees at all times. Any payment made is non-refundable.
COMPANY uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the PLATFORM. The processing of payments or credits, as applicable, in connection with your use of the PLATFORM will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these User Terms. COMPANY is not responsible for any errors by the Payment Processor. In connection with your use of the Services, COMPANY will obtain certain transaction details, which COMPANY will use solely in accordance with its Privacy and Cookie Notice.
INDEMNIFICATION & LIABILITY
By accepting these terms and using the PLATFORM or SERVICE, you agree that you shall defend, indemnify and hold COMPANY, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (1) your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; (2) your violation of any rights of any third party, including PROVIDER arranged via the PLATFORM, or; (3) your use or misuse of the PLATFORM or SERVICE.
The information, recommendations and/or services provided to you on or through the PLATFORM and SERVICE is for general information purposes only and does not constitute advice. COMPANY will use reasonable endeavors to keep the PLATFORM and SERVICE and its contents correct and up to date but does not guarantee that (the contents of) the PLATFORM and SERVICE are free of errors, omissions, defects, malware and viruses or that the PLATFORM are correct, up to date and accurate.
COMPANY shall not be liable for any damages resulting from the use of (or inability to use) the PLATFORM, including damages caused by malware, viruses or any incorrectness or incompleteness of information or PLATFORM, unless such damage is the result of any wilful misconduct or gross negligence on the part of COMPANY.
COMPANY shall further not be liable for any loss or damage resulting from the use of (or the inability to use) electronic means of communication with PLATFORM, including – but not limited to – loss or damage resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, COMPANY aggregate liability to you shall in no event exceed an amount of one thousand dollars or, where applicable, the equivalent of that amount of payment for the SERVICE.
The quality of the SERVICE requested through the use of the PLATFORM is entirely the responsibility of the PROVIDER who provides the SERVICE. COMPANY under no circumstance accepts liability in connection with and/or arising from the SERVICE provided by the PROVIDER or any acts, actions, behavior, conduct, and/or negligence on the part of the PROVIDER.
LICENSE GRANT, RESTRICTIONS AND COPYRIGHT
“Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software, except the PLATFORM, opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.
Subject to your compliance with these terms, COMPANY grants you a limited, non-exclusive, nontransferable license to view, download and print any Content solely for your personal and noncommercial purposes; and to view any Content to which you are permitted access solely for your personal and non-commercial purposes.
CLIENT has no right to sublicense the license rights granted in this section. CLIENT may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the PLATFORM or Content, except as expressly permitted by these terms. CLIENT may not reuse any Content without first obtaining the written consent of COMPANY. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by COMPANY or its licensors, except for the licenses and rights expressly granted in these Terms.
CLIENT agrees to indemnify and keep COMPANY, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by COMPANY or its affiliated companies related to any Content posted or transmitted by CLIENT and/or any other use by CLIENT of the PLATFORM
CLIENT acknowledges that COMPANY has no obligation to monitor access to or use of the
PLATFORM or Content or to review or edit any Content, but has the right to do so for the purpose of operating the PLATFORM and the SERVICE, to ensure compliance with these terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. COMPANY reserves the right, at any time and without prior notice, to remove or disable access to any Content that it considers to be in violation of these terms or otherwise harmful to the PLATFORM or SERVICE.
INTELLECTUAL PROPERTY OWNERSHIP
COMPANY alone shall own all right, title and interest, including all related intellectual property rights, in and to the PLATFORM and the SERVICE and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the PLATFORM or the SERVICE.
TERM AND TERMINATION OF THE CONTRACT
This agreement in respect of the CLIENT terms between COMPANY and you shall (subject to this paragraph) subsist for an indefinite period. CLIENT are entitled to terminate this agreement in respect of the terms at any time by permanent termination of the SERVICE and PLATFORM. CLIENT can close account at any time by following the instructions on COMPANY website.
COMPANY is entitled to terminate this agreement in respect of the terms at any time and with immediate impact, without prior notice, if CLIENT violates or breaches any term or in the opinion of COMPANY minuses the PLATFORM or the SERVICE.
MODIFICATION OF THE SERVICE AND USER TERMS
COMPANY reserves the right, at its sole discretion, to modify or replace any of these terms, or change, suspend, or discontinue the SERVICE or PLATFORM (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the PLATFORM or email. COMPANY may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
APPLICABLE LAW AND DISPUTE RESOLUTION.
These terms are subject to the laws of Texas, United States of America. Any dispute, claim or controversy arising out of or relating to the terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the PLATFORM or the SERVICE will be determined exclusively by a Dallas, TX court.