Terms and Conditions
The following terms are used in this document:
‘Agreement’ refers to the agreement between You and Chosen Care Group and all documents related to or included in this agreement, Your Care Plan and any other documents as a part of our Contract with You.
‘Bank Holiday’ refers to a bank holiday in England and Wales. Please view the following link to get more information: https://www.gov.uk/bank-holidays.
‘Cancellation Notice’ refers to the cancellation notice as per Your rights highlighting the cancellation of the agreement.
‘Care Manager’ refers to the care manager overlooking services being provided to You from time to time.
‘Care Plan’ refers to a written document provided by Us, describing the nature and level of Services You have requested for and will be paying for.
‘Care Worker’ refers to the person providing the Services on our behalf.
‘Live-in Care Worker’ refers to a Care Worker who continues to live in your home to be able to provide the Services as per our Agreement, providing personal care Services to the person being taken care of.
‘Complaints Procedure’ refers to the complaints and/or feedback procedure our service users can use to register their complaints and/or feedback (if any).
‘Data Protection Legislation’ refers to the EU General Data Protection Regulation 2016/679; together with all other applicable legislation relating to privacy or data protection.
‘Days’ refers to calendar days.
‘Fees’ refers to the fees for the Service You will pay against what we provide to You, notified to You initially in the Fee Schedule and as calculated in accordance with our Agreement. It shall include the Bank Holiday Fees as and when required.
‘Fee Schedule’ refers to the payment schedule You will have to follow to get our Services.
‘Home’ refers to Your home address (which when changes, you will have to report to Us).
‘Introductory Visit’ refers to Our team’s first visit to You where we also decide the Care Plan and the fees schedules against it.
‘Medication Record Sheets’ refers to the recording and tracking sheets on which Our Care Professionals and Caregivers record any medication provided to You as part of the Services.
‘Platform’ refers to Our care platform which Our users can access or visit at chosencaregroup.com. We will notify you if the website address is changed at any given time.
‘Service’ or ‘Services’ refers to the wide range of social and support care services that Our company provides to You as a part of the contract with You.
‘Service User Guide’ refers to the guide Our company provides to You in respect of the Services You are entitled to as per the agreement.
‘Statutory Regulator’ refers to the Care Quality Commission (CQC) in the event when Our Services are required to be regulated. We have provided the contact details of the Statutory Regulator in Service User Guide.
‘Visits’ refers to the times during which our care workers visit Your Home to provide the agreed services.
‘Week’ refers to the term from Monday to Sunday during which We will provide Our Services to You as per the agreement.
1. Our services to You
1.1 Chosen Care Group will offer care services which reflect Your needs and preferences as set out in your Care Plan and the Contract You have signed with Us.
- Our team will meet with and/or visit Your home to discuss Your care requirements as in Services before We start providing Our Services to You;
- Our Care Plan will record Your needs and preferences after discussing with You, Your family and any recommended social and health care professionals (if required);
- We may give you the authority to enable you to influence the Care Plan in Your greater interest;
- Our Care Plan revolves around the main idea of ensuring your well-being;
- Chosen Care Group will make reasonable adjustments when necessary in order to be able to meet your requirements;
- We will always ensure that We have adequate resources to meet Your needs; and
- We will take appropriate measures to ensure Your health and safety while receiving care from Chosen Care Group.
1.2 You will keep Us informed of all information such as what You like and dislike if You have any allergies and/or lifestyle preferences and any useful information provided by a healthcare professional. You will inform us of any changes to contact details and home address.
1.3 We will discuss and agree Your care and Your Care Plan with a relative or other authorised representative if You are unable to express Your preferences due to lack of capacity (in accordance with the provisions of the Mental Health Act 2005). Your well-being and safety hold the most importance to Us.
1.4 Chosen Care Group and its Workers will always treat You and Your Family and Friends with dignity and respect. We will ensure that Your privacy is being taken care of along with granting You with autonomy and liberty as you enjoy our Services.
1.5 Chosen Care Group and its Workers will always seek Your consent or the consent of your relative or other authorised representative before providing any personal care to You as part of the Contract You have with Us.
1.6 We will prevent any abusive or improper way of treatment and We will respond promptly to allegations of abuse. The service users can use Our Complaints Procedure to register complaints.
1.7 Chosen Care Group and its Workers will provide the Service as per the Care Plan.
1.8 We will review the Care Plan with You, Your family or (if you wish or needed) any social or health care professionals and take all reasonable steps to ensure you understand the Care Plan.
1.9 If we cannot meet Your needs at any given point, we will inform you without any delay so you can make alternate adjustments.
1.10 Chosen Care Group will review the Care Plan every three to six months after the Care Plan is implemented and/or when You request and/or when Your circumstances have changed.
1.11 As part of Your Care Plan, it will be mutually decided the frequency of Our Visits to You which may also include the days and time of Your Services.
1.12 In the event when You request for or require additional services, we may charge You for the Services. We recommend You to sign a new contract covering the additional services.
2. Fees and Charges
2.1 Chosen Care Group ensures that fees are arranged and agreed at the Introductory Visit made to You. We calculate the fees and charges based on Your needs.
2.2 We will agree with a Fee for emergency care where it is required.
2.3 Where We agree to provide emergency care to You, You will be required to pay the fees before we start to provide the emergency fees.
2.4 Chosen Care Group’s Care Worker will be using their own smartphone to record their regular visit(s) and we will charge You on the basis of such records.
2.5 In normal circumstances, We only accept advance payments. We will not continue providing Services if the payment for the next operating week has not been made.
2.6 You can pay the Fees by direct debit instant payments (Maestro, Visa, Visa Debit, Mastercard, American Express) to Our bank details provided to You. If You face any trouble while processing the payment, please get in touch with us here.
2.7 We accept instant payments on Monday of each week and direct debit payments on Sunday of each week.
2.8 If You request, we will allow a third-party source to process the partial or full payment on Your behalf. You shall provide their details as required for the process.
2.9 Chosen Care Group reserves the right to suspend the Service if You fail to process the payment by any specified deadline every week.
2.10 The service shall remain suspended until payment has been made in full and it will be resumed at the beginning of the Week following the Monday on which payment is received).
2.11 We may charge 4% interest on the overdue amount as per the HSBC Bank plc.
2.12 Chosen Care Group will be entitled to review and increase our Fees for the Service on an annual basis as required if the Service changes, the cost of the Service changes or increases.
2.13 You will be obligated to pay increased Fees to Us if We increase our Fees as the result of emergency care of any change in Your care plan.
2.14 We shall notify you about any changes to our fees 2 weeks prior if the change in the fees is not due to a change in the Services.
2.15 You should notify us in the event that any third party agrees to pay the Fees. You shall remain ultimately responsible for payment.
3. Chosen Care Group’s Care Workers
3.1 Chosen Care Group’s Care Workers are employed by Us.
3.2 We will provide suitably trained, sufficiently skilled, experienced and competent Care Workers to provide the Service as agreed with you in our Care Plan.
3.3 We will give You as much notice as possible in the event when a Care Worker has to visit your home at a different timing than what is suggested in Our contract or Care Plan.
3.4 Chosen Care Group will assign a named Care Worker to You. But, in the event when the Care Worker is not available for the Service for a temporary or a long period due to sickness, emergencies, or personal reasons. We will assign You an alternative Care Worker and You will be obliged to take their Services in such situations.
3.5 If You are not satisfied with the standard of the Service, You must notify us at the earliest.
3.6 Our Care Workers are not permitted to do a few tasks such as:
- Lifting heavy objects including lifting or moving You without appropriate equipment or help;
- household maintenance or household chores;
- buying medicines; and
- any other tasks which the applicable laws, regulations or policies do not allow them to do so.
3.7 We tell our Care Workers that they will only assist you with medication when authorised to do so and agreed as part of the Care Plan. These medication Record Sheets will be completed on each Visit made by Your assigned Care Worker.
4. Gifts and Payments
4.1 We do not allow our Care Workers to accept any gifts or tips from You.
5. Your home as a workplace
5.1 You will allow Chosen Care Group’s Care Workers to enter into your Home and You will provide a safe environment for us to be able to provide the Services as per Your Care Plan. You will:
- Maintain a safe environment at home;
- Maintain a safe route for the assigned Care Worker to be able to access to and from Your home;
- Provide any equipment required to deliver Your care as part of the Care Plan such as wheelchairs and other mobility aids;
- Provide all required cleaning equipment such as vacuum cleaners, mops, irons etc;
- Inform us beforehand or on time of any communicable diseases in the household; and
- Ensure that any equipment You provide is maintained and safe-to-use as per the safety standards and requirements.
5.2 If we find Your Home not safe or appropriate for the Service provision, we will inform You and assist You, in some cases, to introduce necessary changes.
5.3 We will decide on an entry plan for Your Home.
5.4 Our Care Worker will not be allowed to use Your telephone until or unless You or they have a medical emergency and/or You allow them yourself. It must be noted that We will not be responsible for any payment or loss in this case.
6. Live-in Care Workers
6.1 As per the laws, Live-in Care Workers have various rights which include:
- a separate bedroom for them with bathing and toilet facilities.
- They are also liable to enjoy a minimum of 2 hours break per day.
- With respect to food, You are supposed to pay an additional £30/week food allowance as also mentioned and stated in the Fee Schedule.
- In the event that You are not satisfied apart from any period during which the Live-In Care Worker has their break then We will be glad to talk about an alternative action plan as stated in Your Care Plan. We may arrange a family member to cover the break or an alternate Care Worker. You will be responsible to pay for such excess requirements.
7. Complaints & Service monitoring
7.1 You can make a complaint or suggestion in relation to the Service directly to us
7.2 We will give You as much notice as possible if any person other than the Care Worker is to attend Your Home in order to observe the working ethics and attitude of the Care Worker in order to comply with the standards of regulators.
7.3 You may inform the Care Manager using Our Complaints Procedure to let us know of any reasonable cause to complain.
7.4 You agree that You will be granting access to Our team for spot-checks which we will take consent for.
7.5 We may ask to interview You or have you participate in surveys when required by our quality assurance procedures as per the requirements and/or requests of the Statutory Regulator.
7.6 You are not obliged to reply to satisfaction surveys or interviews.
8.1 Chosen Care Group will provide its customers with a 24-hour telephone helpline, online chat and email service to streamline communication between Our team and You.
9. Data Protection and confidentiality
9.1 We will function as a Controller of Your Personal Information.
9.2 Chosen Care Group will comply with Our obligations being a Controller of Your Personal Information.
9.3 We shall process Personal Data as reasonably required to provide the Services, meet Our legal or regulatory obligations. We may also disclose Your Personal Data to any third parties, regulators and any party based in any jurisdiction including a jurisdiction outside the European Economic Area given that such action is in accordance with Data Protection Legislation.
9.5 We may disclose the personal data of our care worker to You. You agree that you will not disclose this information to anyone unless required by law.
9.6 We recommend You to complete the Data Protection Consent Form for normal processing of Your data by Us. However, We may proceed with processing Your Data as required by law.
10.1 Our Care Worker shall keep a daily record of the care You receive, any assistance with Your medication and any other significant information. You can access the records online using your own login details (issued on request).
10.2 We shall provide a hard copy of such records upon request.
11. Insurance & liability
11.1 We are responsible for loss or damage that is a foreseeable result of our breach of this Agreement or us failing to use reasonable care and skill, but We are not responsible for any loss or damage which is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by You and Us at the time We entered into this Agreement.
11.2 Nothing in this Agreement restricts Our obligation:
- for death or personal injury as a result of any negligence caused by our employees, sub-contractors or consultants; or
- for any damage or liability as a result of any fraud or fraudulent misrepresentation from Your end; or
- for breach of Your legal rights related to the Services; or
- for any other matter for which it would be unlawful to exclude or limit Our liability
11.3 We hold liability insurance policy as required by the applicable laws
11.4 You will make sure that You have suitable building and contents insurance to cover any accidental damage or where required, valid motor insurance to cover damage or personal injury if the motor vehicle is driven by Our Care Worker.
12. Withdrawal of the Service
12.1 Chosen Care Group reserves the right to withdraw a Care Worker and/or to cancel Our Agreement with immediate effect in certain circumstances including but not limited to failure of providing a safe environment, sexual harassment, severe and unbearable alcohol consumption, inappropriate behaviour or requests made to Care Workers to carry out illegitimate, unethical activities.
12.2 We ask You and anyone else present in Your Home, to refrain from smoking. The Care Worker will be obliged to leave Your home if you are smoking at any given time.
13. Cancellations and termination
13.1 You have all the rights to cancel the Service at any time within 14 days of the Agreement date by completing the Notice of Your Right to Cancel attached to this Agreement.
13.2 You will notify us promptly if and when You require us to resume the Service during the Cancellation Period.
13.3 You must give us at least one month’s notice if you no longer require the Services for longer than a month’s duration or want to suspend the Services for a period of time. We will charge any applicable fees.
13.4 You must give us at least one week’s notice if you no longer require the Services less than a month’s duration or want to suspend the Services for a period of time. We will charge any applicable fees.
13.5 If and when You suspend the Service as per 13.3 clause, We will not guarantee that You will be able to have the same Care Worker back.
13.6 You will be asked to inform us 48 hours earlier if You want to cancel an individual visit, otherwise, You will have to pay in full for the visit.
13.7 In the event that a visit has to be cancelled because of Your admission to the hospital, the expenses will be chargeable, however, just in connection to the time, We were expected to give the Service on the day You were admitted to the hospital.
13.8 We may terminate this Agreement:
- without notice to you if you commit a breach of the Contract;
- by giving 7 days’ written notice for any reason;
- immediately on written notice if a third party fails to pay Your Fees within 21 days of the date of invoice.
13.9 If you engage the Care Worker for any private capacity or domain outside these terms or Our agreement, We can terminate this Agreement on 48 hours written notice to You in a condition that You will have to pay fees for the Services.
13.10 In the event of Your death, Your family or other responsible members are obliged to inform us of the case and they will be responsible to pay all or outstanding fees.
14. Third-Party Rights
14.1 Those who are not a part of this Agreement do not have any rights as per the Contracts (Rights of Third Parties) Act 1999 to benefit from this Agreement in any given circumstances. The Agreement may be varied or cancelled without the consent of any third party.
15. Events outside our control
15.1 Chosen Care Group will not be responsible for any failure to perform or delay of the Services or availability of the Care Worker outside of our reasonable control. For example, in some cases the Care Worker may attend at other times than agreed due to emergency situations or disruption due to severe weather (and in which case, We will contact You to confirm alternative
15.2 You will not be responsible for any failure to perform or delay of the Services outside of Your reasonable control.
16.1 We may transfer, assign, charge or deal in any other manner with all or any of our rights under this Agreement or may sub-contract any or all of our obligations under it We will contact You to let You know if We plan to do this. If you are unhappy with such transfer, You may give Us notice to end our Agreement within 14 days of Us telling You and the Agreement will terminate 7 days following such notification.
16.2 You may only transfer Your rights and/or Your obligations under Our Agreement to someone else if We agree to this in writing.
17.1 Chosen Care Group may introduce changes to Terms and Conditions in writing, and We will give you a 7 days’ notice. You may terminate this Agreement if You do not agree to the changes as per clause 13.
17.2 The Agreement will not be considered null or void as a whole if a part of the Agreement is considered invalid or unenforceable by the court.
17.3 You hereby acknowledge that You have not been forced to enter into this Agreement by any representation.
17.5 This Agreement between You and Chosen Care Group shall be construed in accordance with the laws of England and Wales.
18. Promotions & Vouchers
18.1 You may use certain promotions, offers or discounts offered by the Company.
18.2 We may use the Company’s website or external media to promote or market such offers.
18.3 Chosen Care Group reserves the right to withdraw, refuse, cancel or interpret the term of such a Promotion in its own discretion. Participation in a Promotion is subject to availability.
18.4 Please provide us with the Voucher code when contacting Us to redeem the voucher.
18.5 All Vouchers may only be redeemed once.
19. Disclaimer of Warranty
Access to this web site and the materials and all terms stated are provided and stated “AS IS” and on an “AS AVAILABLE” basis, without representations or warranties of any kind. Chosen Care Group expressly disclaims all representations and warranties, express or implied, including, but not limited to those implied warranties of fitness for purpose, title and non-infringement. Some jurisdictions do not allow the disclaimer of implied warranties. To the extent that this section is interpreted under the laws of such jurisdictions, the foregoing disclaimer, or a portion thereof, may not apply to you. We reserve the right to block or deny access to this web site to anyone at any time, for any reason.
Chosen Care Group may terminate, change, suspend or discontinue any aspect of this web site, including the availability of any features of this web site, at any time, and without notice. Chosen Care Group also reserves the right, at its sole discretion, to change, modify, and or remove any portion of these website, in whole or in part, at any time, and without notice. Chosen Care Group is reviewing and updating this website on a continual basis and your continued use of this web site after any changes to these terms are posted, will be considered acceptance of those changes.
Last updated 02nd September 2019