Gladys Terms of Service
Terms & Conditions for Gladys Ltd
Definitions
“Account holder” means individuals using the Gladys platform to search or advertise for home care, engage with a Carer and enter into a service agreement with the Carer.
“Care recipient” means an individual receiving care via the Gladys Platform.
“Carer”, “helper”, “buddy”, “care assistant”, “care worker” and “personal assistant” are all interchangeable terms used to describe approved carers on the Gladys platform.
“Client” is the term used to describe care recipients in the context of their contractual relationship with a carer.
“Gladys” or the “Gladys platform” is a health tech introductory platform provided via the Gladys Ltd platform for health and social care.
“Commercial/Institutional account holders” are non-individual account holders such as NHS Trusts, CCGs, UK local authorities, care homes, case management companies, domiciliary care agencies and other third parties. They may transact on the platform with different terms and conditions to those set out herewith.
“Off Platform fee” means the fee that Gladys is entitled to charge any account holder that makes an offer to employ or hire a carer directly i.e. outside the Gladys platform.
“Service agreement” is the initial agreement generated between the carer and the account holder on the platform – it is the basic contract between the care worker and the account holder.
“Invoice” is the invoice created by the carer via Gladys for the approval of and payment by the account holder.
1. Terms
1.1 These terms and conditions are available on gladys.care. Our registered company number is 15041725 and our registered address is at 4 Elder Walk, Islington N1 8QN.
Gladys is a technology platform not regulated by the Care Quality Commission ‘CQC’. However, Gladys aspires to the standards of the CQC and expects our employees, sub-contractors, suppliers and approved carers to do the same.
1.2 These terms, together with the terms and policies referred to in section 1.5 below, govern the basis on which we provide the services available on the Gladys platform. Please read these terms before using the platform. Access to the Gladys platform is in the gift of Gladys and no individual is entitled, as of right, to access the platform.
1.3 If you use the Gladys platform you agree to be bound by these terms. These terms form a legally binding contract between you and Gladys which governs the use of the platform. If you breach these terms, we have the right to terminate your account and your right to use the platform with immediate effect.
1.4 We may change our platform features from time to time. We may also modify these terms from time to time. If you continue to use the Gladys platform or receive services from our approved carers after any revisions take effect, then you will be taken to have agreed to the revised terms.
1.5 In addition to these terms, the following additional terms also apply to your use of our platform:
(a) Our privacy and cookies policy which is found on our website; and
(b) Any additional terms displayed on-screen or accessible through the platform.
1.6 All rights granted to you under these terms will terminate immediately if you are in breach of any of them, at any time.
2. About - The Gladys Platform
2.1 Gladys provides an online platform for approved self-employed carers providing domestic, social and health care support as well as account holders and care recipients. Gladys connects individuals so that they can communicate, arrange and carry out home care service agreements with one another. This is facilitated as follows (this is not an exhaustive list):
- A searchable online database of approved carers
- A jobs board where account holders can post details of a job opportunity they are looking to fill
- Communication tools to facilitate interaction between care workers and account holders and/ or other care workers
- Payment systems (including Stripe and BACS) to enable transactions between account holders/care recipients/approved carers and payment of platform fees
- Monitoring tools for the platform and account holders/care recipients/carers to monitor care activity in the home (including those controlled by approved third parties)
- Feedback tools (including those controlled by approved third parties) on care quality and carer reviews.
- Mobile apps for carers, clients and account holders to enable easier and more secure communications.
2.2 Platform provision
Gladys is an introductory platform. We give tools to willing individuals for their work together. It provides an online marketplace to facilitate the process of finding and hiring care professionals and provides a secure means for handling payments and exchanging information. It markets and introduces carers to account holders. Gladys does not directly supply carers to account holders/care recipients. Gladys does not employ carer workers, nor does Gladys act as an employment agency or care agency. As such, Gladys is not permitted to make changes to a care recipient’s care plan, determine rotas or effect control over the delivery of care. This is always the responsibility of the account holder. Gladys facilitates ‘self-managed” care.
2.3 Managed care
Gladys does not provide or arrange domiciliary care services nor does it participate in the interaction between carer, clients and account holders, except to make introductions and provide technology to facilitate the interaction, as well as manage the processing of payments.
Gladys also does not involve itself in the terms of use between customers and carer clients or the regulation of their engagement with each other, except to ensure certain minimum rates of pay are maintained by account holders on the platform i.e., that all carers on the platform charge at least the London Living Wage (after Gladys’ platform fees and VAT) for all shifts.
A carer on the Gladys platform solely decides whether to accept an offer from an account holder to provide domiciliary care services. The account holder/care recipient solely decides whether to engage a carer to provide domiciliary care services. The service agreement created by the carer at the start of an assignment and accepted by the account holder is a legal contract between each of these parties. Any subsequent associated visit invoices are from the carer to the account holder and their creation by the carer is merely facilitated by the platform software
2.4 Platform Constraints & Waivers
The Gladys platform is used at the user's own risk. There is no guarantee that the platform will work optimally, not be subject to downtime, or be removed from service at any point in time. Gladys does not accept any liability for losses or damages caused by the unavailability of the service, technical errors, usage errors or use of the platform outside of the intended purpose. Gladys disclaims any liability for controversies, losses, injuries, accidents, claims or damages arising out of the use of the online tools it provides, the engagement of carers or the provision of care services by carers.
2.5 Communications
You agree that our apps, email and WhatsApp will be the official means of communication with the Gladys platform. We may occasionally use other messaging services or internal messaging to account holders via the platform. We reserve the right to monitor all and every communication(s) transmitted via the Gladys platform. To maintain high levels of carer response times Gladys may from time to time make use of a ‘mystery shopper’ to gauge carer response times and general quality levels of client interaction. We also monitor all messaging on the site both manually and by using artificial intelligence.
3. The platform
3.1 Vetting and background checking of carers
Gladys makes every reasonable effort to check the identity and information provided by carers. This includes visual checks of passports/Identity cards to confirm identity and enhanced DBS.
Although Gladys carries out these checks and makes a verification video call to every carer who is allowed on the platform, Gladys is not responsible for, nor does it have control over the quality, timing, legality, reliability, responsibility, integrity or suitability of the self-employed carers listed on the platform. Gladys strenuously recommends that the account holder/care recipient carry out their assessment of a carer’s suitability before engaging into a service agreement with them by interviewing carers. And in particular:
- By verifying in person, a carer's identity via photographic ID
- By requesting proof of experience, training, qualifications, authorisations and suitability for the position they are applying for
- By following up on references (at Glady’s or the carer’s discretion) of carers by telephone or email with their referees.
3.2 Insurance cover
Carers working through the Gladys platform are covered by self-employed carer’s insurance. Policy details are available from Gladys's head office at hello@gladys.care. We recommend that account holders/care recipients should check if their insurance also covers carers working in their home.
Any transaction between an account holder and a care worker that occurs off-platform is not covered by this self-employed carers’ insurance policy and is also likely to result in the removal of both the account holder and the carer from the platform.
3.3 Account holder/care recipient/ carer code of conduct
No user of the Gladys platform may discriminate against a healthcare worker or a client or account holder based on colour, nationality, creed, disability, sex or any other potential source of discrimination. In addition, you represent and warrant that you if you are a carer or you and every member of your household if you are a client 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 that involves endangering the safety of others, through either dishonesty or negligence and are not nor have ever been on the sex offenders register or other similar lists.
4. Paying for care
4.1 When a client enters into a service agreement with a carer on the Gladys platform they agree on the accompanying visit invoice to pay the hourly, daily, weekly or nightly rate stated in the contract for the service that they have agreed to receive. The carer rate is agreed upon by the client and the care worker.
5. Legal Contract
5.1 Once a client has accepted the service agreement set up by the carer, they are bound by the terms of that agreement. After the initial service agreement with the carer, they will receive either a one-off or regular shift-invoices from Gladys depending on what payment terms they have agreed with the carer. The value of one shift invoice will be deducted from their credit/debit card or bank account in advance for the agreement to be active.
5.2 For ongoing care, the value of each subsequent visit invoice will be deducted from a credit/debit card/bank account on the client’s authorisation. Clients must negotiate with their carer regarding any deviations from the service agreement terms for example time off for holiday, illness or personal circumstances. Gladys cannot offer mediation or intervention regarding perceived non-compliance with the service agreement. The only thing Gladys can do is return funds for non-completed but paid shifts/invoices. If for any reason a visit invoice is only partially completed then it is the responsibility of the carer to cancel, reissue or edit a new visit invoice that reflects the hours or days worked.
6. User conduct and disputes
6.1 Any agreements are legally binding agreements between the account holder/care recipient and the carer. Gladys is not party to any agreement and we cannot arbitrate or mediate if there is an alleged breach of contract. Any issues should be resolved directly between the account holder/care recipient and the carer. Gladys does not accept any liability for claims, demands or direct or indirect damages arising from disputes between the account holder/care recipient and carers.
6.1.1 Any overages above and beyond the time agreed in the contract need to be signed off in advance of delivery between the account holder/care recipient and the carer. These will then be added to the next invoice and billed into the run. If the shift invoice is for a single discrete shift, a separate invoice will be generated detailing the overage.
6.2 At Gladys we rate the safety and well-being of our carer and their care recipients as our number one priority. Any formal complaint we receive directly to Gladys, from either a carer, client or account holder of a serious nature will be immediately investigated. Depending on the severity of the allegation and its nature, Gladys reserves the right to immediately inform the police or social services of any complaint or concern that we become aware of. We also reserve the right to immediately remove any carer, account holder or care recipient from the platform whilst we investigate any complaint or allegation. We also reserve the right to inform other account holders if an allegation, complaint or investigation of their care worker is occurring or ongoing.
6.3 You may only use Gladys to book care services for yourself or for someone for whom you have the authority to do so (including the authorisation of service agreements and payment of invoices). You will remain bound by these terms and are responsible for all acts and omissions of the person receiving the care (if it is not you).
6.4 We will close the account of any carer who is found to be misusing illegal substances or alcohol whilst assisting a Gladys client.
7. Issues with care services
Carers and clients provide the platform with feedback on one another. This may include feedback around changing needs to ensure that clients can get appropriate care.
If you have any complaints about any aspect of the platform, our services or staff or any other user of the platform please email hello@gladys.care
8. Your account
8.1 Account holders on the platform must be at least 18 years old. We reserve the right without any explanation to refuse any registration request and/or to cancel any authorised accounts without notice. In addition, you must agree not to register more than one account per person or corporate entity.
8.2 You must ensure the information in your account is accurate, up to date, and kept always updated (which you may do through the platform).
9. Payments and Gladys fees
9.1 The contracted charges for care services provided via the platform to you (if you are a private user) are payable in advance against a shift/invoice created by a care worker on an agreed basis (and the platform will automatically charge your credit/debit card where you have provided one). You undertake not to pay the carer other than via the platform. Payment of cash or any other payment to a carer (except for valid expenses) is never allowed, it negates both the carer and the client’s insurance and is likely to result in the removal of both the carer and the client from the platform.
9.2 Payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. If your card issuer charges you an online handling fee or processing fee, Gladys is not responsible for this.
9.3 You, if you are a client or account holder, shall:
(a) Undertake not to make payment to a carer directly or make any payment other than via the Gladys payment provider.
(b) Undertake not to enter into any direct agreement with any carers that seeks to avoid the payment of our fees (and its associated carer insurance) or to receive care services from care workers we have introduced to them other than via the platform (including after they have ceased using the platform) and
(c) Acknowledge that any breach of this section may result in the immediate termination of their account and right to use the platform.
(d) Furthermore, if an account holder does choose to directly engage a carer introduced to them by the Gladys Platform (i.e., bypassing the platform) on any basis either as a direct employee, self-employed contractor, through a limited company or LLP then the account holder shall be liable for the Gladys off platform fee of £1,500 + VAT per carer or 20% of the contract for 1 year, whichever amount is higher. This is payable within 5 working days of us discovering that a care worker has been procured off the site by the account holder plus the reasonable administration costs of the recouping of the off-platform fee.
Care rates are always set by the carer and contractually agreed upon by the account holder.
If a carer is subsequently discovered to have contracted with a client ‘off’ the platform, Gladys reserves the right to both charge that carer for the full value of the fees unpaid and to remove that carer from the platform entirely at the company’s discretion.
Gladys charges clients a 20% platform fee plus VAT. This includes access to the platform and app features, all insurance and credit/debit card charges.
Gladys also reserves the right to charge a 10% fee plus VAT to carers on all fees. This includes access to the platform and app, insurance plus other benefits such as free training and marketing to clients. This fee is included in the carer’s rate advertised on the platform.
Gladys reserves the right to alter the terms of its fee structure at any time. New fee rates will come into effect immediately or at any date specified by Gladys. Any changes in the fee structure will be notified to both the carer client and care worker through the App, email, SMS, WhatsApp or phone.
Gladys reserves the right to invoice some account holders separately for its fees and or to charge different account holders different fee rates, including any seasonal offers or benefits that may be in place from time to time.
9.4 VAT
Gladys does not charge VAT on the service provided by self-employed carers/carer companies to clients. Gladys is legally obliged to charge VAT of 20% on its platform fees.
9.5 Local Authority/NHS Funding – Personal Budgets.
If you or your client are paying via local authority or NHS funds or have a personal budget funded by either your local authority or the NHS, VAT may not apply to you. Contact hello@gladys.care for more information.
10. Cancellations and refunds
10.1 Cancellations
We require all account holders to give at least 48 hours' notice of any cancellation of a shift on the platform to their contracted care worker. It is standard for care workers on the platform to insist that all cancellations made within the 48 hours will be subject to the full hourly rate for care contracted in those 48 hours. This however is a matter for the discretion of the booked carer.
10.2 Refunds
In general, Gladys does not provide credits or refunds on behalf of Gladys-approved carers for cancellations.
10.3 Refunds after 48 hours from the end of the shift.
Any refunds agreed upon between a carer and a client, after the payment has been released to the carer, must be dealt with as a direct transaction between the client and carer. Our fee will not be returned once payment has been released to the carer.
11. Data protection and privacy
11.1 Gladys processes personal data per the Data Protection Act 1998 and GDPR 2018 and recognizes the importance of the correct and lawful treatment of personal data. This personal data will be subject to the appropriate legal safeguards as specified in the Data Protection Act 1998.
11.2 We use and store personal information in several different ways to satisfy operational and legal obligations. We have a set of internal policies and procedures and a range of guidance to make sure we comply with the law.
11.3 Carer clients, account holders/care recipients, employees and other subjects of personal data held by Gladys have the right to request access to any of their data. We fully endorse and adhere to the Data Protection Act.
11.4 When working with personal information we endeavour to only share it with platform members or authorised third parties. We reserve the right to anonymise certain healthcare data generated by the platform or our Apps and use data including, but not limited to, reviews for marketing purposes. We reserve the right to share or sell this anonymised health data to responsible partners such as pharmaceutical or research and development partners.
12. Access to the platform
12.1 We cannot guarantee the continuous, uninterrupted or bug-free operation of the platform. We may modify or suspend (including for maintenance) the platform at any time.
13. Platform rules
13.1 You may only use the platform for the purpose for which it was intended i.e. care services, home help, gardening, hair and nails and not for any other activities not expressly permitted by the platform in advance. As a user of the care services on the platform, you must have a genuine need for support. We reserve the right to report any illegal acts to the authorities.
13.2 You must not create links to the platform from any other website, without our prior written consent, ‘scrape’ content from the platform or create an electronic database by systematically downloading and storing any or all of the content of the platform, remove or change any content of the platform or attempt to circumvent security or interfere with the proper working of the platform.
13.3 You must only use the platform and anything available from the platform for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our associates or partners.
13.4 Any crude or inappropriate messaging on the platform by either a carer or an account holder/ client will result in immediate removal from the platform.
14. Intellectual property rights and confidentiality
14.1 All intellectual property rights in the platform and any content on the platform (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by Gladys Limited. You acknowledge that you do not acquire any ownership rights in any of our intellectual property by accessing or downloading content from the platform.
14.2 We will keep all individual information about you confidential save for sharing it where appropriate with approved carers or as otherwise required by applicable law, and we will use our best efforts that carers keep your information confidential and only use it to provide care services to you, namely through the terms of this agreement.
14.3 You must keep all information you receive about the platform, us and carers or their affairs confidential always (including any information you receive or access at bookings).
14.4 By agreeing to these terms as a carer, you agree to keep all individual information about clients and account holders confidential, save to provide reviews and information on the platform, feedback to the Gladys team or, in the case of safeguarding concerns, the police or local authority.
15. Platform content
15.1 In respect of content on the platform, whilst we try to make sure it is correct, we cannot guarantee it is accurate or up to date. We have no responsibility for content from any other user.
15.2 We give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the platform and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the platform or its associated Apps or relying on any of its contents or features.
15.3 We cannot and do not guarantee that any content of the platform will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate anti-virus and other security checks.
16. Choosing a carer
16.1 By registering and using the platform as a person seeking care you agree that is your responsibility to select an appropriate carer for yourself, your family member, any friend/associate or any other person you are acting for. We can help you with the choice of a qualified and vetted carer, however, Gladys cannot and will not select a carer for you. The final choice always remains with you.
16.2 Regarding any feedback or reviews on the platform or approved carers (including but not only Trustpilot reviews), you must:
(a) Submit it in good faith and honest belief at all times.
(b) Not submit any feedback that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.
(c) Not submit any feedback that contains any viruses and/or other code that has contaminating or destructive elements; and/or
(d) Not impersonate, or misrepresent an affiliation with, any person or entity
16.3 You agree that, by submitting any feedback, you grant our affiliates and us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and license to use such feedback to operate and promote the platform or for reporting any criminal acts.
17. Platform links
17.1 The platform may include links to external sites, which may include links to third-party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or anything provided by them.
18. Liability
Responsibility for contract acceptance
You acknowledge that the decision to enter a contract with an approved carer is your sole responsibility and that Gladys gives no warranty as to the suitability, experience, history or character of any approved carer, nor does the platform give any warranty as to the completeness, truthfulness or accuracy of any information or documentation provided by the approved carer.
19. Platform risks and carer and client safety
19.1 You agree that you understand the risks involved in participating in an introductory agency service despite the safeguards that Gladys seeks to put in place. And you hereby wave any rights to claims for damages from Gladys concerning the service.
20. Breaches of Gladys' terms & conditions
You agree to indemnify and hold Gladys harmless from any claim or demand brought against Gladys because you breached these terms and conditions.
21. Liability cap
21.1 You acknowledge that Gladys’s total liability to you whether in respect of goods or services and whether based on negligence, breach of contract, misrepresentation or otherwise shall not exceed the value of the total commission income Gladys derived from you via the Platform service for a maximum period of 1 year.
For the avoidance of doubt, any care worker hired through the Gladys platform is liable for all acts or omissions in the provision of home care services.
21.2 Nothing in these client and care assistant terms shall exclude or limit our liability to you:
(a) For death or personal injury caused by our negligence.
(b) For fraudulent misrepresentation or
(c) For any other liability that may not, under applicable law, be excluded or limited.
21.3 Subject to section 14.1, we shall not be liable to you (whether such liability arises because of a breach of contract, negligence, misrepresentation or for any other reason) for any loss or damage that arises because of:
(a) Any circumstance for which you are at fault or
(b) Any circumstance which we cannot reasonably be expected to control.
21.4 You agree to fully indemnify us on demand against all losses we incur or suffer arising because of or in connection with:
(a) Any breach of sections 6.2, 8.3, 9.1, 13 or 16.2; and/or
(b) Any claims brought against us by any carer that is based on any breach (or allegation of any breach) of these client terms by you or vice versa, or any criminal act or omission on your behalf.
21.5 We will treat all use of the platform under your login details as used by you. You are responsible for protecting your account login details and password and we will not be held liable for any loss or damage that may result from your failure to do so. If you forget or wish to change your password or email address, then email hello@gladys.care for details on how to change these login details.
22. General
22.1 Subject to 21.2, these account holder/ client/ care worker terms and any other terms expressly referred to in them represent the entire agreement between you and us concerning their subject matter.
22.2 We may sub-contract the performance of any of our obligations to you. We may assign any of our rights or obligations to you to someone else if we notify you that we have done so. You may not sub-license or assign any of the rights or obligations under these account holder terms.
22.3 If we fail to enforce, or delay in enforcing, any of our rights under these account holder terms, that does not result in a waiver of the rights concerned.
22.4 If any provision of these account holder terms or any other terms incorporated by reference is found to be unenforceable, it shall not affect the enforceability of any other provisions they contain.
22.5 No terms are enforceable under the Contracts (rights of third parties) Act 1999 by a person who is not a party to the agreement between us.
22.6 All notices given by you to us or vice-versa must be given by email or in writing to the address set out below. We may give notice to you at either the email or postal address you provide to us when registering.
22.7 These client terms are governed by English law.
23. Contacting us
Please submit any questions you have about these client terms or any issues concerning our platform and its use by emailing hello@gladys.care
