Terms and Conditions Customers

THE CARE HUB SRL, with registered office in Ghiroda, str. Lacului, nr. 7, jud. Timiș, registered at the Trade Register under no. J35/4519/13.12.2018, fiscal code 40299417, account RO65INGB0000999908642150 (RON) opened at ING Timișoara, represented by Silvia Monica Moldovan, as Administrator, hereinafter referred to as the “Provider”.
And
Natural or legal persons hereinafter referred to generically as the “Buyer/Beneficiary”.
both referred to individually as the “Party” or together as the “Parties”;
Given that:
a. The Provider manages “The Care Hub” platform, consisting of the website www.thecarehub.ro and the mobile application “The Care Hub Customers”, through which it facilitates the Buyer’s access to the Personal Home Services provided by the Partners;
b. The Buyer/Beneficiary uses The Care Hub platform for the purpose of booking and purchasing Personal Home Services provided by the Partners for personal use or for the use of third parties – referred to as Beneficiaries;
c. The Buyer/Beneficiary acknowledges and agrees that the Provider does not provide Personal Home Services (as defined below) nor does it operate as a home care business and that all services booked and purchased through The Care Hub platform are provided by independent Third Party Partners who are not employed by the Provider or any of the Provider’s affiliates.
The parties have agreed to enter into this contract, hereinafter referred to as the “Contract”, on the following terms:

1. For the purposes of uniform interpretation and application of the provisions of the Contract, the Parties agree that the following terms shall have the meanings defined in this clause, unless the Parties expressly give them a different meaning.
   B. “User” is any natural or legal person who is the holder of one or more accounts on “The Care Hub” platform owned and managed by the Provider. Users may be:
2. Buyers – natural or legal persons who purchase the Personal Home Services provided by the Partner for themselves or a third party;
3. Beneficiaries – persons benefiting from the Personal Home Services provided by the Partner. Where applicable, the Beneficiary may also be a Buyer;
4. Partners – legal entities (PFA, SRL, NGO, etc.) independently providing Personal Home Services;
   C. The “Platform” is composed of:
   D. “Website” – means the website www.thecarehub.ro.
   E. “Partners Mobile App” – means the “Partners The Care Hub” app for mobile phones, tablets and other mobile devices, in iOS and Android operating system versions or any other versions available in other operating systems, used by the Partner to gain access to the Personal Home Services to be provided by the Partner;
   F. “Customers Mobile App” – means The Care Hub Customers App for mobile phones, tablets and other mobile devices, in iOS and Android operating system versions or any other versions available in other operating systems, used by the Buyer/Beneficiary to procure services provided by the Partner.
   G. “Intermediary Service” – means the Buyer’s access to The Care Hub platform provided by the Provider to the Buyer and the ability to register and make Visit requests and payments for Personal In-Home Services provided by the Partner; the Intermediary Services are provided by the Provider.
   H. “Personal In-Home Services” – means “Basic Services”, “Optional Services” and “Ancillary Services” provided by Partners, independent third party contractors as defined below:
5. “Basic Services” means services provided by the Partner that are booked and marketed through The Care Hub platform under the Contract. These services include but are not limited to:
   I. Companionship;
   J. Shopping;
   K. Meal prep;
   L. Light Cleaning Services;
   M. Personal hygiene and pampering services;
   N. Medical Services.
6. “Optional Services” – means services provided by the Provider to the Buyer/Beneficiary for the purpose of satisfying certain preferences of the Buyer/Beneficiary. These services may include but are not limited to:
   O. Allocation of applications from the same Partner selected by the Buyer to the Buyer/Beneficiary, based on the application made by the Buyer through The Care Hub Platform;
   P. Allocation of 2 Partners to provide certain Personal Home Services in special situations (e.g. Beneficiary is immobile or has severe mobility problems) and based on the request made by the Buyer through The Care Hub Platform.
7. “Ancillary Services” – means services provided by the Provider to the Partner for the purpose of enhancing the quality of the Personal Home Services provided by the Partner under the Contract. These services may include but are not limited to:
   Q. Rental to the Provider of devices such as mobile cameras, if requested by the Buyer/Beneficiary and the Partner does not own them.
   A. “Visit” – means the provision, at the Buyer’s or Beneficiary’s home, of the Personal Home Services agreed in advance between the Partner and the Buyer.
   S. “Start Visit” – is the process by which the Partner notifies the Buyer of the arrival at the Beneficiary’s location and the start of the Visit, using the “Start Visit” (check-in) functionality of the Partner Mobile App.
   T. “End Visit” – is the process by which the Partner notifies the Buyer of the departure from the Beneficiary’s location and the termination of the Visit, using the “Check-out” functionality of the Partner Mobile App.
   U. “Evaluation” – means the process of assessing the Partner or Buyer/Beneficiary based on a comparative assessment of their quality, standard or performance. This process is performed for the Buyer/Beneficiary by the Partner via the “Partner Mobile App” or by the Buyer/Beneficiary for the Partner via the “Customer Mobile App”.
8. Object of the Contract
   The subject matter of the Contract is the provision by the Provider to the Buyer/Beneficiary of the Intermediary Service under the terms and conditions set out below.
   As the operator of The Care Hub Platform, the Provider provides the Buyer with the infrastructure through which the Buyer can book Personal Home Services, pay for Personal Home Services, manage future Visits (changes, cancellations, etc.) and assess the quality of Personal Home Services performed by Partners via the Buyer Mobile App.
   Intermediary Services related to the use of The Care Hub platform are provided free of charge to the Buyer; the Buyer will pay for Personal In-Home Services provided by the Partners.
   Method of service delivery
   The Provider will provide the Intermediary Service by making it available to the Buyer/Beneficiary at www.thecarehub.ro and via the Customer Mobile App.
   Intermediary role of the Provider
   The Provider shall not act as a distributor of the Partners, but shall limit itself exclusively to providing the Intermediary Service under the terms of the Contract, and the contracts between the Buyer and the Partner shall be concluded exclusively between them and shall not create any obligation on the part of the Provider except those expressly provided for in the Contract or which arise for the Provider as a result of the application of the legal provisions in force.
   Licensing access to the website and the Mobile App Customers
   Access to the Site or the Customer Mobile App is provided pursuant to the free, limited, non-exclusive, revocable license offered by the Provider through validation of the Buyer’s user account.
   Unique Buyer Identification Number
   The Provider shall provide the Buyer with a unique identification number which shall serve to identify each Buyer in relation to the Provider and/or the Partners. The Buyer undertakes to keep this unique identification number confidential and shall not communicate it to third parties in order for the latter to benefit from the Personal Services at Home. The Buyer shall immediately notify the Provider of any incident whereby the use of the Customer Mobile Application and/or the confidentiality of the unique identification number has been or may have been compromised.
   Provision of Personal Services at Home
   The Buyer will make Visit requests via the Customer Mobile App. By submitting such Visit requests using The Care Hub platform, the Buyer declares that it acknowledges and agrees that the Provider will provide the Partner accepting the relevant Visit with certain details and data relating to the Buyer/Beneficiary, which may include but is not limited to the Buyer/Beneficiary’s full name, contact details, profile picture, address for which the Visit is requested, reviews received by the Buyer from other Partners, etc.
   The Buyer shall not use the Partner’s personal or contact details for any purpose other than to benefit, for itself or for the Beneficiary, from the Personal Home Services mentioned in the Visit requests made.
   The Buyer acknowledges that the Partner is responsible for (1) deciding on the most efficient and safe way to provide the Personal Home Services requested by the Buyer, (2) choosing the mode of travel to the location specified in the accepted Visit request, and (3) deciding on the extension of the duration of the Visit based on the written agreement between the Buyer and the Partner.
   Partner Certifications
   The Buyer/Beneficiary declares that he/she understands and accepts that the Partner communicates to the Provider the existence of certificates, certifications or specialist training relevant to the provision of Personal Services at Home and that the Partner is solely responsible for their renewal as required by law.
   The Buyer/Beneficiary declares that it understands and accepts that the Provider does not guarantee the veracity of the information provided by the Partner and is not liable for false information provided by the Partner.
   Relationship between Buyer and/or Beneficiary and Partner
   Buyer acknowledges and agrees that the use of Personal Home Services (Basic, Optional and Ancillary) creates a direct contractual relationship between Partner and Buyer in which Provider or its affiliates are not involved in or responsible for Partner’s action or inaction in dealing with Buyer. Furthermore, the Buyer declares that it acknowledges and agrees that, in the event of any unlawful or criminal acts committed by the Partner, the Partner shall be solely liable for such acts and that any legal action, complaint or referral to the competent bodies and/or institutions shall be brought exclusively against the Partner,
   The Buyer declares that it acknowledges and agrees that the Partner is solely responsible for any necessary precautions (including taking out insurance required by law, such as but not limited to professional indemnity insurance).
   The Buyer declares that it is aware and agrees that the Partner will not bring another person to the Beneficiary’s home without the Buyer/Beneficiary’s prior written consent.
   The Buyer acknowledges and agrees that, during the visit, the Partner will only perform the Personal In-Home Services specified in the Visit Application, taking into account the inclusions and exclusions mentioned in the “Guide to Performing Services” and the Buyer/Beneficiary’s instructions.
   In the event that the Buyer is not the Beneficiary of the Personal Services at Home, the Buyer understands, agrees and guarantees that the Beneficiary will not take any legal action, complaint or referral to the competent authorities and/or institutions against the Provider or its affiliates, in connection with the manner of provision of the Personal Services at Home by the Partner or with any illicit or criminal acts committed by the Partner. In the event that the Beneficiary brings such actions, the Buyer agrees to bear all expenses (including but not limited to: attorney’s fees, notary fees, translations, etc.) incurred by the Provider until the final resolution of the dispute.
   Relationship between the Buyer and the Provider
   The Buyer declares that it acknowledges and agrees that the provision by the Provider of The Care Hub platform (Customer Mobile App and website) creates a contractual relationship between the Buyer and the Provider only.
   The Buyer acknowledges and agrees that the Provider is not responsible for and has no ability and/or obligation to control or influence the Partner in the provision of the Personal Home Services referred to in the Contract, including the operational details of the provision of the Personal Home Services by the Partner, the Partner’s action or inaction, etc.
   The Buyer has the right to decide when and for how long to use the Customer Mobile App, to make Visit requests via the Customer Mobile App, to modify or cancel Visit requests made, subject to the cancellation conditions set out in the “Visit Modification or Cancellation Rules” (Annex 1 of the Contract).
   The Buyer declares that it acknowledges and understands that there is no subordinate relationship of any kind between the Lender and the Partner and that the Partner is not an employee or servant or agent of the Lender.
   Relationship between Buyer and Beneficiary
   The Buyer declares that it is aware and agrees that if it books Personal Home Services on behalf of the Beneficiary, the Buyer is obliged to inform the Beneficiary and obtain its consent to the processing of its personal data by the Provider and/or Partner, the details of the Visit, the details of the Partner who will carry out the Visit and any terms and conditions applicable to the provision of the Personal Home Services by the Partner.
   The Buyer declares that it acknowledges and understands that if it books Personal Home Services on behalf of the Beneficiary, the Beneficiary is a third party to the contractual relationship between the Buyer, on the one hand, and the Provider or Partner, on the other hand. Thus, the Buyer is obliged to ensure that the Beneficiary shall not bring any legal action, complaint or referral to the competent bodies and/or institutions (i) against the Provider or its affiliates or against the Partner for failure to properly fulfil its contractual obligations or (ii) against the Provider or its affiliates for any unlawful or criminal acts committed by the Partner. In the event that the Beneficiary brings such actions, the Buyer agrees to bear all expenses (including but not limited to: attorney’s fees, notary fees, translations, etc.) incurred by the Provider and/or the Partner, as the case may be, until the final resolution of the actions brought.
   Quality Assessment System for Personal Services at Home
   The Buyer declares that he acknowledges that, after the provision of Personal Home Services:
   a. The Buyer will be prompted by the Customer Mobile App to conduct the Visit Evaluation and optionally provide comments on the quality of the Personal Home Services and the Partner.
   b. The Partner will be reminded by the Provider’s Partner Mobile App to conduct the evaluation of the Visit and, optionally, provide comments about the Beneficiary/Buyer.
   The Buyer declares that it is aware of and agrees with the Provider’s objective to maintain a high quality of Personal Home Services. In order to maintain their right to access the Customer Mobile App, each Buyer/Beneficiary is obliged to maintain an average rating score higher than the minimum rating score set by the Provider from time to time. The Provider reserves the right to set the level of the minimum evaluation score.
   The minimum assessment mark is 3.5 out of 5.0.
   The Buyer acknowledges and agrees that in the event that the Buyer’s evaluation score is below the level set by the Lender, the Lender will notify the Buyer of the commencement of the probationary period, a period defined by the Lender during which the Buyer will have the opportunity to improve its average evaluation score to exceed the minimum evaluation score. If the Buyer does not improve its average rating to exceed the minimum rating threshold at the end of the trial period, the Provider reserves the right to permanently suspend the Buyer’s access to the Customer Mobile App.
   The Buyer acknowledges and agrees that repeated cancellation of requested Visits may result in temporary or permanent suspension of the Buyer’s access to the Mobile App for Customers, and the Provider reserves the right to decide the period (number of weeks) and type (temporary or permanent) of suspension.
   The Provider has the right to publish and use the evaluation notes and comments received from the Buyer in interactions related to the Intermediary Services of the Provider or its Affiliates, in accordance with the Privacy Policy – Customers, available in the application, and in compliance with applicable law.
   The Buyer declares that it is aware and agrees that the Provider is only a moderator (without the obligation to check) and not an editor of the comments and evaluation notes. The Provider has the right to delete or edit comments if such comments contain obscene language or any other inappropriate content, including but not limited to names of persons, personal data, content that violates privacy rules of any kind, etc.
   Confirm start and end of visits
   The Buyer declares that it is aware and agrees that the Visit starts 3 (three) hours before the actual time requested by the Buyer at the time of making the Visit request, in order to take into account the travel time required for the Partner to arrive on time at the address indicated by the Buyer.
   The Buyer acknowledges and agrees that the Partner is required to confirm the start and end of each Visit using the “Start Visit” and “End Visit” buttons in the Partner App and that this confirmation may contain but is not limited to geo-location information (e.g. Partner location at the time of confirmation) which will be communicated to the Buyer for the purpose of determining the time and place of the start and end of the Visit.
   If these confirmations are not made via the Partner Mobile App, the Buyer has the right to dispute the non-performance of the services, in which case the Partner and the Buyer have 10 (ten) working days to resolve this dispute by mutual agreement. At the end of the dispute resolution period, the Partner shall inform the Provider of the solution agreed between the Buyer and the Partner.
   To the extent that the Partner and the Buyer are unable to settle amicably the dispute raised by the Buyer, the dispute shall be settled by the Provider. The Partner shall provide the Provider with all information requested by the Provider to enable the dispute to be settled as soon as possible. The Buyer/Beneficiary declares and accepts that the Provider’s decision is final and will implement it accordingly.
9. Paid services
   Access to and use of www.thecarehub.ro and the Partner Mobile App are free of charge, but the Buyer will pay the price of the Personal Home Services provided by the Partner (hereinafter the “Price”).
   The price paid for Personal In-Home Services will be displayed in real time at the time the Buyer makes a Visit request via the Customer Mobile App.
   The Buyer declares that it understands that the Price for the Personal Home Services may be changed by the Provider without the Buyer’s prior consent.
   How the Price of Personal Services at Home is formed
   The Buyer shall pay the Provider in exchange for the Basic Personal Home Services provided by the Partner an amount calculated on the basis of the number of hours or procedures of services booked by the Buyer and the hourly or per-procedure rate for each type of service. If the Buyer also books other Personal Home Services such as Optional or Ancillary Services, the price of these services will be calculated as a percentage applied to the entire Visit amount, or as a fixed amount added to the entire Visit amount, or as a combination of percentage and fixed amount.
   The Buyer acknowledges and agrees that the Personal Home Services Price is calculated based on the number of hours or procedures of services booked by the Buyer. The number of hours or procedures set for the Visit may be increased to the extent that the Partner and the Buyer agree via the Customer Mobile App. Any further financial obligations of the Buyer to the Partner due to the exceeding during the Visit of the number of hours or procedures booked shall be agreed exclusively by the Partner and the Buyer without creating any obligations for the Provider. The Provider shall be entitled to be informed of the existence of additional financial obligations in order to draw up the corresponding payment documents on behalf of the Partner.
   How to change the Price of Personal Services at Home
   The Hourly or Per Procedure Rate for Basic Personal Home Services provided by the Partner to the Buyer/Beneficiary, percentages or fixed amounts for Optional or Ancillary Personal Home Services may be changed from time to time by the Provider by amending the Terms and Conditions published in the “Terms and Conditions” section of “My Account” on The Care Hub Platform and with prior notice to the Buyer.
   Notification of the Buyer shall be made by the Provider by e-mail or SMS, or by any other means of communication that allows for an acknowledgement of receipt. If the Buyer has ticked only the e-mail and/or SMS communication option in the Customer Mobile Application, notifications shall be deemed to have been received by the Buyer if they appear in the Provider’s Outbox and the Buyer’s server has not returned an error message indicating that the e-mail or SMS was not received.  
   Changes to the Hourly or Per Procedure Rate or to the percentages or fixed amounts for Optional or Ancillary Personal Home Services will be notified to the Buyer by the Provider. The Buyer shall have the option of accepting the new changes, contesting them or unilaterally terminating the Contract. Should the Buyer contest the changes, the Provider shall have the right to suspend the Buyer’s access to The Care Hub Platform until such time as the Parties reach a consensus. In the event of unilateral termination of the Contract by the Buyer, the Provider shall keep the information provided directly by the Buyer or which has been obtained by the Provider by virtue of the contractual relationship between the Provider and the Buyer, in accordance with the Privacy Policy – Customers, available in the Application, and in accordance with the applicable legislation.
   The modification of the Contract will be accepted by the Buyer by expressly agreeing to it by ticking one of the options made available to him/her by means of a notification that will be displayed in the Customer Mobile App.  
   Management of penalties for cancellations initiated by the Buyer
   The Buyer may cancel a booked Visit prior to the Visit start time, in which case the Buyer will pay a cancellation fee. The conditions and the amount of the penalty are published in the Visit Modification or Cancellation Rules mentioned in the “Terms and Conditions” section of “My Account” on The Care Hub Platform. By continuing to use The Care Hub Platform, the Buyer is deemed to have agreed to the conditions specified in the Modification or Cancellation Rules.
   For clarity and ease of reference, the penalties that may fall to the Buyer are:
   i. Bank transfer fees due on cancellation of a Visit, applicable to any cancellation;
10. Penalties for cancelling a Visit less than 48h before the Visit start time;
11. Any other sums that fall to the Provider as a result of the Buyer cancelling the Visits.
    In the event of unforeseen and definitive cancellations by the Partner, the Provider will endeavour to re-allocate another Partner in good time to carry out the Visit. If this is not possible for any reason whatsoever, the Buyer shall be entitled to either a 100% refund of the amount paid or a change of the date and time of the Visit to a later date and time.
    Invoices
    At the time of booking the Personal Home Services by the Buyer, the Buyer will receive (i) an advance invoice with the Partner’s billing details for the amount due to the Partner as a result of the provision of the Personal Home Services and (ii) an advance invoice with the Provider’s billing details for the Fee for the provision of the Personal Home Services by the Partner. The two invoices issued in respect of each Service shall aggregate the total price formed as set out in clause 3.02 above.
    After the provision of the Personal Home Services by the Partner, the Buyer will receive final invoices for the amounts mentioned above.
    The Buyer is obliged to inform the Provider of any discrepancies noted in the invoices received within 3 working days from the date of receipt of the invoice via email. Invoices will also be kept on The Care Hub platform (Customer Mobile App and Website) where they can be accessed at any time by the Buyer.
    In the absence of notifications within the time limit, the Provider shall not be liable for errors in the invoices issued or for any differences in payment due to possible errors.
    A. Duration of the Contract
12. Starting the Contract
    The Contract shall enter into force on the date of acceptance/signature by both Parties and shall be valid for an indefinite period.
    Termination of Contract
    This Agreement may be terminated by (a) unilateral termination (a right expressly recognized and accepted by and on behalf of both Parties) by either Party upon ten (10) business days’ notice, (b) immediately and without notice in the event of bankruptcy of either Party to this Agreement, (c) termination in the event of default by either Party upon ten (10) business days’ notice.
    Termination of the Contract shall have no effect on obligations already due between the Parties.
    A. Clauses relating to the cancellation of a Visit
13. Notification of Partner and Provider
    The Buyer is obliged to inform the Service Provider and the Partner as soon as it becomes aware of the cancellation of the Visit or as soon as it decides to cancel it, as the case may be. In addition, the Buyer undertakes to inform the Provider and the Partner of any circumstance likely to affect the conduct of the Visit, as well as of any change in the originally announced conditions of the Tour (such as, but not limited to, services, venue, period).
    A. Rights and obligations of the Buyer
14. Payment of the Price of Personal Services at Home
    The Buyer is obliged to pay the Price of the Personal Home Services provided by the Partner.
    Intellectual property
    Buyer does not acquire any intellectual property rights in The Care Hub platform, either in its entirety or in any component thereof, including but not limited to source code, images, text, app design, email design.
    The Buyer has the right to use The Care Hub platform only in accordance with the Contract.
    A. Rights and obligations of the Provider
15. Privacy
    Ensure that all information made available to it through the Intermediary Service is kept confidential, but shall in no event be liable for compliance with any obligation of confidentiality in respect of information which the Buyer has disclosed to third parties. Furthermore, the Service Provider shall not be liable for the security of communications and the integrity of information transiting the Internet network.
    The Provider shall not be liable for the following: (a) software errors, network failures, alteration and/or de-securitization of information transiting systems other than those of the Provider or due to the network failure of any other third party; (b) fraudulent use of the Platform by the Partner or the Buyer/Beneficiary as described above.
    The Service Provider shall use its best endeavours to ensure that the Buyer’s use of the Intermediary Service is as secure and confidential as possible.
    Any option of the Buyer will be accepted by the Provider only if the security conditions for the use of the Intermediary Service are met, i.e. accessing it with the appropriate username and password.
    The Partner reserves the right to delete or modify any information that the Buyer has entered into The Care Hub Platform that may cause the Intermediary Service to function improperly, subject to the Customer Privacy Policy available in the application and applicable law.
    Availability of The Care Hub platform
    The Provider may at any time decide to suspend the provision, modify or discontinue the provision of the Intermediary Service with immediate effect and without prior notice, for the purpose of carrying out repairs or maintenance work or in order to improve the performance of the Intermediary Service or for any other reason whatsoever.
    In case of misuse or unauthorized use of the Intermediary Service, the Provider reserves the right to limit, suspend or terminate the Buyer/Beneficiary’s access to the Intermediary Service without prior notice.
    The Provider is obliged to take measures to maintain the functionality of The Care Hub and to resolve errors in the operation of the platform.
    The Provider is obliged to respond to any requests or problems of a technical nature reported by the Buyer/Beneficiary.
    The Provider reserves the right to optimize the platform whenever it deems necessary.
    Modification of Visits
    The Service Provider reserves the right to modify the Visits, if it considers that certain exceptional circumstances may hinder the proper performance of the service or expose the Partner and/or the Buyer and/or the Beneficiary to unnecessary dangers (e.g. exceptional weather conditions, strikes, civil protests, etc.).
    The Provider reserves the right to delete any Visit listed on The Care Hub platform at any time, under any circumstances and for any good reason. The reasons for cancellation of a Visit will be communicated to the Buyer and may include in particular, but not limited to, inclement weather or situations that would endanger the Partner or the Buyer/Beneficiary, the assessment of the reasons for cancellation being at the strict discretion of the Provider.
    Publication of prices
    The Provider undertakes to display through all available communication channels the prices of the Basic, Optional and Ancillary Personal Services provided by the Partners.
    Issuing invoices
    For the Personal Home Services provided to the Beneficiary by the Partner, the Buyer shall receive from the Provider (i) an invoice for the amount due to the Partner and (ii) an invoice for the Fee to which the Provider is entitled in respect of the provision of the Personal Home Services by the Partner.
    Provision of statistics
    To provide the Buyer, by username and password, with online statistics on the number of future and completed Visits (in real time).
    Administration panel
    Provide the Buyer with an account management panel on the Site or the Mobile Customer Application, as agreed in writing by the Parties, through which the Buyer may (a) access the aforementioned statistics; (b) modify the information published on the Site regarding the Buyer’s and/or the Beneficiary’s profile; (c) view the invoices issued for the Personal Home Services rendered.
    A. Organisation of the Visit; responsibility of the Partner
16. Compliance with legal regulations
    The Buyer declares that it is aware that the Partner is solely obliged to carry out the Personal Home Service Visits in compliance with all legal regulations specific to the field, including by taking appropriate fire safety measures, as well as in compliance with all consumer protection regulations, online commerce and guarantees to fulfil in the same way all obligations of the Partner’s employees who will have any duties related to the performance of the Personal Home Service Visits.
    The Buyer declares that he acknowledges that the Partner is directly liable to the Buyer in respect of all legal or contractual obligations it has as a result of accepting visits and as a result of providing Personal Home Services.
    Responsibility for carrying out Visits
    The Buyer/Beneficiary assumes full responsibility for the information it disseminates to the public in relation to the Visits requested and Personal Home Services received, including via The Care Hub platform, for any matters in relation to the making of Visits and the provision of Personal Home Services and for the consequences thereof. As The Care Hub platform is only a communication platform between the Partner and the Buyer the entire liability towards the Buyer in relation to the Visits and Personal Home Services provided shall rest with the Partner.
    The Buyer declares that he acknowledges that the Partner assumes full liability towards the Buyer for any delays, postponements, cancellations or any other problems in connection with the Visits, for the conduct of the Visits under inappropriate conditions or under conditions other than those agreed or required by law, as well as for any restrictions imposed on the Visits by third parties involved in their organisation or by the authorities.
    Authorisations
    The Buyer/Beneficiary declares and acknowledges that the Partner is the only one who guarantees that it holds all the authorizations required by law for the provision of Personal Home Services, and that according to the legal provisions applicable to them it is fully authorized to organize, promote and provide these services.
    The Buyer declares that he/she is aware that the Provider is not a provider of Personal Home Services but only has an intermediary and support role.
    A. Obligations of the Parties relating to the protection of personal data
    The Provider undertakes to process the personal data collected from the Buyer in strict compliance with the legal provisions on the processing of personal data and their free movement.
    Pursuant to Article 5 of Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), the Provider, as the controller of personal data, undertakes to process the data collected in good faith, in accordance with the legal provisions in force and in compliance with the processing principles laid down in the Regulation:
    Lawfully, fairly and transparently to the data subject;
    For specified, explicit purposes and without further processing in a way incompatible with those purposes; further processing for statistical purposes is not considered incompatible with the original purposes;
    Appropriate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
    Accurate and, where necessary, kept up to date; the Provider shall take all necessary steps to ensure that personal data which are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
    kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the data are processed; personal data may be stored for longer periods in so far as they will be processed solely for statistical purposes, subject to the implementation of appropriate technical and organisational measures laid down in the Regulation to safeguard the rights and freedoms of the data subject;
    In a way that ensures appropriate security of personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, by taking appropriate technical or organisational measures.
    The Buyer understands and agrees that the personal data collected from the Partner will not be disclosed to it and undertakes not to request disclosure by the Provider.
    In accordance with Article 13 of the General Data Protection Regulation, information on the processing of personal data by the Provider is published in the Privacy Policy – Customers, available in the application.
    A. Contractual liability
17. Force majeure
    The Parties shall not be liable for non-performance or improper performance, in whole or in part, of any of their contractual obligations if the performance of that obligation has been prevented by the occurrence of an unforeseeable and unavoidable event beyond the control of the Party claiming force majeure. The Parties agree that events such as, but not limited to, war, revolution, embargo, earthquake, serious terrorist attack, flood, fire, serious computer attacks or serious breakdowns in the functioning of the Internet network, strike and unlawful stoppage of work, issuance by a competent authority of an order or any other binding act that prevents the Parties from carrying out their business shall be considered force majeure. In order to be exonerated from liability, the Party claiming force majeure shall notify the other Party in writing within twenty-four (24) hours of its occurrence, where circumstances permit, or of its cessation, if the Party has been prevented from doing so, and shall use all means at its disposal to limit the consequences.
    Limitation of liability
    In no event, regardless of the circumstances invoked, shall the Provider be liable to the Buyer in respect of its obligations under the Contract for any amount in excess of the amounts actually paid by the Buyer to the Provider by way of the Contract Price.
    The Contractor shall not be liable to the Buyer, in connection with its obligations under the Contract, for any direct or indirect loss or damage of any kind suffered by the Buyer as a result of the performance or non-performance by the Contractor of its contractual obligations, for any sum in excess of the amounts actually paid by the Buyer to the Contractor by way of contract price.
    The Provider assumes no liability to the Buyer in relation to the actions / inactions of the Partners for the provision of Personal Home Services via The Care Hub platform.
    A. Litigation
    The parties agree that all disagreements relating to this Agreement or the interpretation, performance or termination thereof shall be settled amicably. Otherwise, disputes shall be submitted for settlement to the competent court within the territorial radius of Timișoara.
    A. Notifications
    Notices or communications of any kind made in connection with the Contract shall be in writing and may be sent to the Party to whom they are addressed at the address provided in the Contract, or at the new address if this has changed and has been communicated in writing to the other Party, or by email to one of the following addresses: (a) for the Buyer: any of the email addresses specified by the Buyer in The Care Hub Platform; (b) for the Provider: [email protected]
    Notifications shall be deemed to have been properly made if they are sent by registered letter with acknowledgement of receipt or by courier with acknowledgement of receipt from the Party’s registrar, or if they are sent by e-mail, the sending of which has been confirmed by the electronic transmission device or by message sent by the other Party.
    All other provisions relating to notifications, as referred to in the Contract, shall remain valid and shall supplement this Article.
    A. Amendment of the Contract
    The Provider reserves the right to amend the Contract by publishing the subsequent version on The Care Hub Platform.
    Changes to the Contract shall be notified to the Buyer by the Provider. The Buyer will have the option of accepting the new amendments, contesting them or unilaterally terminating the Contract. Should the Buyer contest the changes, the Provider shall have the right to suspend the Buyer’s access to The Care Hub Platform until such time as the Parties reach a consensus. In the event of unilateral termination of the Contract by the Buyer, the Provider shall keep/delete the information provided directly by the Buyer or which has been obtained by the Provider by virtue of the contractual relationship between the Provider and the Buyer, in accordance with the Privacy Policy – Customers, available in the application, and in accordance with the applicable legislation.
    The modification of the Contract will be accepted by the Buyer by expressing his express agreement to this effect by ticking one of the options made available to him by means of a notification which will be displayed in the Mobile Customer App.  
    A. Nullity
    If a clause in the Contract is declared invalid, it will be removed and will not affect the other clauses of the Contract. The Parties agree that, once the invalid clause is removed, it shall be replaced by the Parties with another clause, consistent with the spirit of the Contract.
    A. Final provisions
    The Parties represent and warrant to each other that under the statutory provisions of each Party they have full capacity and authority to enter into and perform the Contract, and that the persons signing this Contract have full power and authority to bind the Parties.
    The Contract contains the entire understanding between the Parties relating to the subject matter of the Contract and supersedes any and all prior understandings, written or oral, relating to or in connection with the subject matter of the Contract and was entered into on the date of its acceptance by the Parties.