These are the standard terms and conditions governing the contract for care and services (the "Contract") between:
(each a "Party” or “User” and collectively, the "Parties")
Any Party agrees to read and must accept all the terms and conditions of Curanobis in conjunction with the present document whereby this document is one of the elements that constitutes the entire batch of Curanobis’ complete terms and conditions.
In these Conditions, except where the context otherwise requires or where it is otherwise expressly provided, the following expressions have the meanings respectively assigned to them, that is to say:
MEDICAL DISCLAIMER IN CASE OF A MEDICAL EMERGENCY :
PLEASE IMMEDIATELY CONTACT YOUR LOCAL EMERGENCY HOTLINE TO GET PROMPT MEDICAL ATTENTION. DO NOT RELY ON ELECTRONIC COMMUNICATIONS FOR ASSISTANCE IN REGARD TO YOUR IMMEDIATE, URGENT MEDICAL NEEDS. CURANOBIS CANNOT GUARANTEE RESPONSE TIMES IF YOU CHOOSE TO USE THIS WEBSITE IN THE EVENT OF A MEDICAL EMERGENCY.
CURANOBIS IS NOT AN EMMERGENCY SERVICE AND CANNOT BE HELD RESPONSIBLE AS SUCH UNDER NO CIRCUMSTANCE.
TAKE NOTICE that, Curanobis shall also not and under no circumstance be liable to the Care Recipient for any bodily injury and/or aggravation and/or harm caused and/or sustained by the Care Recipient in the course of, in connection with and/or as a result of any medical treatment, healthcare/nursing procedure and/or any service delivered by the Care Provider booked/supplied/reserved through this Website.
As all medical & care material and/or equipment supplied by Curanobis to the Care Recipient are obtained from third party suppliers, Curanobis cannot guarantee the safety and efficiency of such medical & care material and/or equipment so obtained. The Care Recipient shall be deemed to assume all risk and liability associated with the use or application of such medical & care material and/or equipment. For the avoidance of doubt, Curanobis shall not be liable to the Care Recipient for any loss, damage, bodily injury and/or harm sustained or incurred in connection with and/or as a result of the use or application of such medical & care material and/or equipment obtained from third party suppliers.
With this policy, Curanobis intends to protect the confidentiality of all medical information stored online, entered by users or collected by any party during care sessions.
Purpose The purpose of this policy is to provide information concerning the legal requirements for confidentiality and security of all medical information. The legal requirements are designed to:
Scope This policy applies to all parties and everyone involved with Curanobis. Parties may include, but are not limited to Care Professionals, Care Recipients, Users, Curanobis Staff, and other Personnel using or related to the Website.
All medical information, like any other information about Care Recipients must remain strictly confidential at all times. In the event any Care Professional or User bridges this universal principle of Healthcare, Curanobis shall legally pursue the offender.
Moreover, only the Care Professionals authorized by the Care Recipient may gain access to the medical records, data of the Care Recipient.
Care Professionals must take note that the medical records gathered during a Care Session shall document any consent to treat, all exams, diagnoses, services, and follow up indicating the date, name of patient, name of the service provider(s), and description of the service. The Care Professional of the service shall sign the records.
When not in use, medical records shall be stored securely in either locked files or in a locked room.
All parties are also reminded that such records constitute legal documents prevailing in case of a lawsuit.
Please note that Curanobis’s website counts a certain number of care logs and documents that users may download to help them log and collect medical records. These documents are only indicative and are gracefully put at the disposal of all Users. For the avoidance of doubt, Curanobis shall not be held liable under no circumstance if such documents are miss-used, incomplete or completed.
Care Professionals shall not use, disclose or knowingly permit the use or disclosure of medical information without the Care Recipient having first signed an authorization unless the disclosure is specifically compelled by any of the following:
Any person or entity that wishes to obtain medical information other than a person or entity authorized to receive medical information, shall obtain a valid authorization for the release of information. An authorization for the release of medical information shall be valid if it is signed and dated by one of the following:
As a online care booking facility, we strive to protect your interests in the long term.
This is the reason why it is very important for you to keep using this Website and even if you may have gotten enough contacts through us or know your Care Professionals so well that you may wish to carry on care sessions without going through our Curanobis; please note that :
Care session reservations are not confirmed until its payment has been made by crediting the account / profile. In the event a care session booking does not comply with Curanobis’ terms and conditions, Curanobis may cancel it at any time without notice and at its sole discretion.
As stated in Curanobis’s terms and conditions, Care sessions’ rates may have conditions, which limit or exclude the user’s rights to change or cancel reservations.
The user recognizes that personal data has been given to Curanobis for the purposes of making a reservation for a Care session, obtaining ancillary services or products and making available such data to third parties who may share such personal data with other organizations which is beyond the control of Curanobis.
A service charge or/and a penalty fee, in accordance with Curanobis's Regulations, may be payable by a party who fails to use Curanobis’s services for which a reservation has been made or to change or cancel the reservation within the cancellation or changing time limit prescribed in Curanobis's Regulations.
In this Website, the Care Recipient is given several options of Care Providers. The available categories are the following but not limited to :
Curanobis leaves to the Care Recipient’s sole appreciation the type of Care Professionals they may wish to book online. This choice may depend on the gravity of the Care Recipients’ condition, their preferences and the setting of your situation.
Curanobis shall not be held responsible and under no circumstances for the pertinence of your choice. Likewise and as a reminder, Curanobis shall not be responsible and under no circumstances for the accuracy and truthfulness of the data entered by the Care Professionals on their online profiles.
Curanobis urges Care Recipients to carefully assess their situation before choosing a Care Professional. It is important to select the Care Professionals that have the right level of competence and skills for the care they require. It is also very important that they assess the right amount of time to perform all the care procedures required without rushing/stressing the Care Professional, and also without compromising the comfort of the Care Recipient during the Care session.
Care Professionals are to complete their account profile fully with their identification such as passport number or Identity Card, licenses and official qualifications. However, Curanobis does not guaranty that the information provided by the Care Professional is accurate. Please keep in view that the Care Professionals selected by the Care Recipient might not be entitled to work as a “freelance” Care Professional in your country. IT IS THE RESPONSIBILITY OF THE CARE RECIPIENT AND ITS REPRESENTATIVES to verify that the Care Professional is qualified and fit to work/care in your country and that the information provided on the Care Professional’s profile is accurate.
As a intermediary and a care booking Website, Curanobis declines any responsibility or liability with regards to such matter.
Curanobis encourages Care Recipients to request their selected Care Professionals to produce the appropriate identification before they allow them into their domicile. This implies that Care Professionals must bring the relevant documents to their Care session.
Furthermore, for obvious security and health safety, the Care Recipient should verify that the Care Professional is in good health and has the required qualifications and/or licenses to perform the Care session. This verification should be done upon arrival and before the care session even starts. The presented piece of information should obviously match what the Care Professional wrote in his/her profile upon selecting the Care Professional.
As a reminder, PLEASE NOTE that Curanobis declines any liability or responsibility or inconvenience and under no circumstance should any of the information, identification, qualifications, work permit or other illegibility to work in your country provided by the Care Professional were to be incorrect, incomplete or false. Likewise, Curanobis shall not be responsible, and under no circumstances for the pertinence of the choice of the Care Professional by the Care Recipient. Indeed, Care Recipients are sole responsible for appreciating their needs in terms of care, services and qualifications and/or competences of Care Professionals before selecting any appropriate Care Professional.
A booking is confirmed once the amount of the Care session is deducted from the Care Recipient’s pre-paid account. In the event a booking does not comply with Curanobis’s requirements or would not be complete, Curanobis is entitled to cancel such a booking at its sole discretion. Kindly note as stated below, conditions may apply to certain rates and/ or certain Care sessions bookings, which limits or excludes the user’s right to change or cancel a reservation.
Users recognize that their personal data has been given to Curanobis for the purposes of making a booking for a Care session, obtaining ancillary services or products and that they are making available such data to third parties who may share such personal data with other organizations which is beyond the control of Curanobis.
A service charge or/and a penalty fee may be payable by a user who fails to use Curanobis’s services for which a reservation has been made or to change or cancel the reservation within the cancellation or changing time limit prescribed in Curanobis's Regulations. Please refer to Curanobis’s penalty chart in the Regulations section for further details.
It is the responsibility of the Care Recipient to supply the Care Professional with the proper care items, supplies and equipment. The Care Professional must have at its disposal single used basic supplies such as disinfecting soap/hand rub, gloves and mask. Good care requires good tools.
Every condition is different and implies that different tools are needed. Please ask your doctor or your trained Care Professional directly for more details on this subject.
Before taking a break, Care Professionals must ensure that their Care Recipient’s condition is stable and must inform the Care Recipient’s Representative before taking a break. The length of the break must be fixed directly between the Care Professional and the Care Recipient directly. Curanobis shall not interfere with regards to that matter. However as and indication, Care Professionals should be entitled a 1 hour break for Care sessions lasting longer than 8 hours. Breaks cannot be taken towards the end of a Care sessions so that the Care Professional leaves earlier.
Care Professionals must arrive on time for their Care session. In the event they arrive late, Care Professionals agree to stay the full length of the Care session they were booked for. Care Professionals are not allowed to leave without the consent of the Care Recipient.
There is no special dress code required except that Curanobis rely on the professionalism and the cleanliness of Care Professionals with regards to this matter.
The “basic hourly rate” is very important. Care Professionals may fix their own hourly rate as they please. Curanobis does not interfere with regards to this matter. However, they must understand how to calculate it. If they have any questions in that regards they should call Curanobis for more explanations.
Care Professionals’ “basic hourly rate” is calculated on the “per hour” rate they would charge for a 12 hours shift in their location.
Care Professionals may wish to ask around, among colleagues what is the benchmark for a 12 hours shift in their location before setting their own price.
Here is an example of a basic hourly rate calculation :
If the 12 hours shift in your location is priced at $198, the formula is :
$198 ÷ 12hr = 16.50 per hour.
From this basic hourly rate, Curanobis then calculates the rates shown on the Care Recipient bill. Curanobis may thus mark up the hourly rate at any time, as convenient and at his own discretion.
Typically but not limited only to these, taxes, transportation costs and short shift premiums as well as night shift premiums are automatically added to the your basic hourly rate.
Curanobis is deducting a booking fee from the total amount paid by the Care Recipient.
The Care Professionals total wages for a specific Care session are reflected on the care booking email received by Care Professionals asking whether they accept/confirm that they will step in for the particular care session or not.
Curanobis booking fee varies and many factors are taken into consideration in order to calculate this percentage. Curanobis may change, increase and decrease this percentage at anytime and at its sole discretion. This booking fee is kept confidential and users agree they will not have access to such information.
Do keep in view that Curanobis lists all the Care Professionals available at the same time for a given care session when Care Recipients are searching online. This implies that each Care Professional profile is one out of many other choices available in the eyes of Care Recipients. Budget and basic hourly rate plays then an important part in the selection process of Care Professionals.
As a reminder, Curanobis can never be held responsible under no circumstances for the choice of its users nor the accuracy of the information displayed by the users online. Each user is responsible for his/her choices and/or the information he/she displayed online which must be true and accurate.
Care Professionals and Care Recipients agree to never engage directly, nor to reduce and/or increase Curanobis rates when communicating directly with each other. No user is entitled to change, discount, or increase any Care session price directly. All users must contact Curanobis if they intend to do so.
On Curanobis, user may select any date(s), at any frequency and for any duration they are willing to subscribe for. Curanobis does not interfere in their choice BUT once they have selected their availability, it is considered that they will be available at date(s) they subscribed for. Users may change their availabilities at any time and as long as no Care sessions has been confirmed yet. A penalty fee applies if changes or cancellations need to be done on a confirmed care session. Please refer to Curanobis’ penalty fees chart for more details.
Curanobis encourage Care Professionals to be reasonable in the amount of care session they are willing to accept. Care Professionals must make sure they have sufficient time to travel from one Care session to the next and/or that they have sufficient time to rest in between care sessions.
The duration of a care session is stated in the care booking. Once a care session has started, the Care Professional is supposed to stay the full length of the care session as per the booking. No discount or reimbursement will be made to the Care Recipient and/or Care Professional if the care session were to be shortened on the spot.
Care Recipients are free to book a Care session at any time.
However, Curanobis cannot guaranty that Care Recipients will have a Care Professional available each time they try to book a Care Session at a given time on a given date; nor that a specific Care Professional will be available as of and when the Care Recipient would need him/her; nor that the Care Professional will be available for subsequent Care sessions. However, we are trying our very best to get as many as Care Professionals using Curanobis’s Website to fill up as many Care sessions requests as possible.
Users agree that once a Care session is booked and confirmed, penalty fees will be charged if the Care session booking is changed, cancelled or has not happened.
Rescheduling of a care session is possible, even though the requested change may incur some penalty fees to be automatically charged to the particular user’s account. Kindly refer to Curanobis’ penalty fees chart for more details.
Care Professionals are informed by email/sms that they have been booked by Care Recipients for care sessions. Depending on the option they have selected, the care booking can be automatically approved/confirmed, oatherwise, they must confirm by logging back on Curanobis and each time confirm that they accept the care session. They have a window period of in principle 24 hours to do so.
Curanobis may decide at its sole discretion to amend/reduce/decrease this window period.
Care Recipients will be informed in due course in the event a Care Professional does not confirm a Care session or if a Care Professional cancels a confirmed Care session, in which case Curanobis will strive to offer a replacement or an alternative to the Care Recipient.
In the event Curanobis fails to provide a alternative solution to the Care Recipient for a confirmed Care session that got cancelled, Curanobis cannot be held liable under no circumstances to the Care Recipient for any bodily or moral injury and/or aggravation and/or harm caused by the cancellation / rebooking or no show of a Care session.
As a reminder, Curanobis is not an emergency service. In the event the health condition of a Care Recipient requires immediate attention, you must contact the emergency service of your location without delay.
Curanobis has created a number of different forms and care logs (documents) for the perusal of each user. These documents are at the disposal of each users and each user is free to use them or not. Some of these documents are not applicable to the situation of some users.
Curanobis shall also not and under no circumstances be liable to the Care Recipient and/nor the Care Professional for any matter related to these documents, whether they are properly used or misused by any user or not.
In the event users decide to complete documents that are relevant to their Care session, Curanobis suggest to these users to print 2 copies of each relevant document. A user should always keep a filled up copy for him/herself. They should make sure that both copies are identical before signing them both.
As a reminder, any documents, forms or data collected about a Care Recipient must remain strictly confidential and by agreeing to Curanobis’ terms and conditions, please be reminded that you agree not to publish or disclose any of these documents to anyone other than the persons who have legal rights to such data.
Ultimately, please note that in the event that both parties jointly sign such forms, these become legal documents, which would protect your respective interests in case of litigation.
Care Professionals are supposed to be punctual when reporting for duty at the Care Recipient’s domicile.
They are to stay the full length of the pre-paid session. Under no circumstance, Curanobis will refund or discount or reimburse the Care Recipient if the care session was to be shortened by one or both parties, even if the length of the session has been shortened by mutual consent.
In the event a Care Professional shows up late for the Care session, he/she is supposed to stay for the full-length of the pre-paid session, which is starting at the time of his/her arrival at the domicile of the Care Recipient.
In the event the Care Professional fails to show up at all (No Show), a penalty fee (full amount of the Care session booked) will be charged to him/her while the full amount of the Care session will be reimbursed to the Care Recipient on to his/her Curanobis account.
Care Professionals may amend their availabilities online without any penalty fees incurred as long as they have not been booked yet and/or have confirmed they are stepping in for a care session.
PLEASE NOTE that at the end of care booking process, the full amount of the care session is automatically deducted from the Care Recipient’s pre-paid credit account. From that moment onwards, this care booking can no longer be changed without applying a penalty fee unless the Care Recipient has been admitted to the hospital or has passed away and upon presentation of proper documentation/justification. Please refer to Curanobis penalty fees chart for more details.
In the event a Care Professional cancels a Care session, Curanobis will try to find an alternative replacement. If such replacement is not available, Curanobis will refund fully the Care Recipient’s account / profile with the amount pre-deducted upon booking.
Once the care has been performed and within the next following 24 hours, Care Recipients and Care Professionals must both log back into Curanobis’ Website to confirm that the care session has happened by filling a short feedback directly on Curanobis. At this point, a feedback form must be completed. We shall appreciate your sincere comments and feedbacks.
This action is very important as once both parties have logged back, Curanobis automatically releases the payment to the Care Professional.
In the event any of the respective party fails to log online and fill the care feedback form within the next 24 hours, a penalty will automatically be charged to his/her account/profile. Please refer to the “Penalty Fees” section for more details. Ultimately, if any user has no access to internet or has an issue with regards to this matter, he/she must contact Curanobis within the grace period of 24 hours.
For more information please consult Curanobis Penalty page.
Curanobis processes three types of payments :
All parties using Curanobis’s Website agree to be fully liable for payment obligations for all services and products purchased through the Website.
All payment processing for orders of services or products through Curanobis’s Website are conducted by third party payment processors companies such as but not limited to ENets, Paypal, Moneybookers,…, through their Website.
Although Curanobis will use commercially reasonable efforts to make sure such third party payment processing is irreproachable and accurate, Curanobis shall have no liability to any parties regarding any such third party payment processing errors or mistakes.
The price of the care session may include taxes, fees and charges, which are imposed by government authorities, financial institutions, payment and credit card companies or by Curanobis. These taxes, fees and charges, which may represent a significant portion of the cost of the Care session, are either included in the Care session rates, or shown separately in the "TAX" box(es) of your invoice.
In the event a mistake has been done in the billing Curanobis will take full responsibility and reimburse the concerned party of the full amount incriminated without further compensation.
In the sad event that a Care Recipient is admitted to the hospital or has passed away before a Care session, the pre-paid care session/s is/are fully refundable upon submission of valid documentary proof.
For the avoidance of doubt, refunds are always done by crediting back the Curanobis account of the user.
For the avoidance of doubt, penalty fees are non refundable.
You may wish to close your account at any time. Please check the above “refunds” paragraph to see if you are eligible to any reimbursement.
For the avoidance of doubt, prepaid amounts or charged credits on Care Recipient’s Curanobis accounts / profiles are not refunded upon cancellation unless the Care Recipient has passed away.
Cancelation may be submitted on our Website directly using our online secured mailbox facility. To validate the cancelation, you may be asked to complete our data verification form.
Curanobis, or any of our partners prevailing sufficient grounds, may refuse to you to access this Website and/or may remove your profile and/or delete your account and/or cancel your scheduled care sessions, if this is determined to be necessary or appropriate for any sufficient reasons, or for the safety and convenience of any of the party. You or any other party will also be refused care session, or removed from the care schedules, if your or their behavior is such as to threaten safety, good order, or discipline, or to cause discomfort, inconvenience, or annoyance to any party or to Curanobis.
In such case, refunds are made at Curanobis’ discretion and on a case-by-case basis.
If any provision of these Conditions of Contract or above Regulations shall be held to be invalid, illegal or unenforceable, the remaining provisions of these Conditions of Contract or Regulations not affected by such invalidity illegality or unenforceability shall remain in force and effect and such invalid, illegal or unenforceable term or provision shall be deemed not to be part of these Conditions of Contract or Regulations.