Terms and Conditions

1. Introduction

1.1 About Zena Care
Zena Care is a marketplace platform designed to connect independent self-employed carers with individuals seeking care services. It provides a framework for carers and clients to establish direct contractual relationships and offers tools to facilitate the management of those relationships, including but not limited to communication, scheduling, payment processing, and feedback mechanisms.

1.2 Independent Contractor Status
Zena Care operates strictly as an introductory agency and does not act as an employer, recruitment agency, or care provider. At no time does Zena Care:

• Supply carers to clients;

• Employ or manage carers;

• Dictate the terms, conditions, or pricing of care services; or

• Supervise, oversee, or direct the provision of care.

Carers engage with clients as independent self-employed professionals and are solely responsible for their own tax obligations, professional conduct, and regulatory compliance.

2. Use of the Platform

2.1 Exclusivity of Platform Transactions
By registering as a carer with Zena Care, you agree that all engagements with clients—whether initiated via the platform or as a direct or indirect result of an introduction through Zena Care—must be conducted exclusively through the Zena Care platform. This includes any subsequent or ongoing engagements with clients referred by or introduced to you by an existing client.

2.2 Circumvention & Liquidated Damages
Any attempt to engage in, arrange, or accept payment for services outside the Zena Care platform constitutes a material breach of these Terms of Service. In the event of a breach, Zena Care shall be entitled, without prejudice to any other remedy available at law, to recover liquidated damages in the sum of £3,000 per client. This sum represents a reasonable pre-estimate of the loss suffered due to such a breach and is not a penalty. Zena Care actively monitors compliance and reserves the right to investigate and take enforcement action, including but not limited to account termination and legal proceedings.

2.3 Client Requests for Off-Platform Engagement
Should a client propose an arrangement outside the Zena Care platform, you are required to notify Zena Care immediately. Any failure to do so shall be deemed an attempt to circumvent the platform and shall be treated accordingly.

3. Account & Compliance Obligations

3.1 Eligibility & Registration
To provide services via Zena Care, carers must:

• Be at least 18 years of age;

• Be legally entitled to work in the United Kingdom;

• Operate on a self-employed basis, accepting full responsibility for all applicable tax and National Insurance obligations; and

• Successfully complete Zena Care’s identity verification and due diligence process, which may include disclosure and barring service (DBS) checks.

Zena Care reserves the right to conduct periodic compliance checks and to suspend or terminate accounts where necessary to ensure platform integrity.

3.2 Account Integrity & Content Standards
Carers are solely responsible for ensuring that any information provided on the platform, including profile details, qualifications, and experience, is accurate, truthful, and kept up to date. Any false, misleading, defamatory, or inappropriate content may be removed at Zena Care’s absolute discretion, and further action may be taken, including account suspension or termination.

3.3 Professional Conduct & Quality of Service
Carers shall, at all times, provide services with the highest standards of professionalism, punctuality, and diligence. You agree that:

• You shall not accept any engagement that falls outside your level of competency;

• You shall conduct yourself with honesty, integrity, and respect towards clients and patients; and

• You shall not subcontract work without the express consent of the client.

Failure to adhere to these standards may result in immediate removal from the platform.

4. Payments, Fees & Cancellations

4.1 Payment Processing & Platform Fees
All payments for services must be processed through Zena Care. The platform charges a service fee, deducted from the carer’s rate, which may be subject to change. By accepting engagements via Zena Care, you consent to such deductions and agree to the payment terms set forth within the platform.

4.2 Cancellations & No-Shows
Carers must notify both the client and Zena Care at the earliest possible opportunity in the event of cancellation. Repeated cancellations, last-minute withdrawals, or failure to attend scheduled engagements without notice may result in forfeiture of payment for the relevant service period and may impact your continued use of the platform.

Zena Care reserves the right to withhold payments in cases where a dispute arises concerning service fulfilment.

5. Dispute Resolution

5.1 Limited Role of Zena Care
Zena Care does not intervene in or assume responsibility for the contractual arrangements between carers and clients. However, where disputes arise, carers and clients may utilise the platform’s issue management process, which is designed to facilitate resolution where possible.

5.2 Payment Disputes & Investigations
In circumstances where an issue is raised, Zena Care shall review available evidence, including communication logs and service records, and may, at its absolute discretion:

• Defer payment to the carer pending resolution;

• Withhold amounts in dispute; or

• Refer the matter to appropriate external authorities.

Zena Care provides no guarantees as to the outcome of any dispute resolution process.

6. Non-Solicitation & Restrictive Covenants

6.1 Client Solicitation & Post-Engagement Restrictions
Carers shall not, under any circumstances, directly engage with clients outside the Zena Care platform for a period of 12 months following the most recent engagement facilitated through the platform. This restriction is intended to safeguard the integrity of the marketplace and to protect Zena Care’s legitimate business interests.

6.2 Enforcement & Liquidated Damages
In the event of a breach of this clause, Zena Care shall be entitled to recover liquidated damages of £3,000 per client, in addition to any associated legal costs incurred in enforcing these terms.

7. Limitation of Liability

7.1 No Warranty or Guarantee
Zena Care provides the platform "as is" and makes no representations or warranties as to its availability, functionality, or reliability. The use of the platform is entirely at the carer’s own risk.

7.2 Exclusion of Liability
To the fullest extent permitted by law, Zena Care shall not be liable for any loss, injury, damage, claim, or dispute arising from:

• The provision, quality, or outcome of any care services;

• The actions or omissions of any client or carer; or

• Any failure, technical issue, or interruption in platform services.

8. Confidentiality & Data Protection

8.1 Client Confidentiality
Carers shall maintain strict confidentiality regarding all personal, medical, and financial information received through their engagements. Any unauthorised disclosure shall constitute a material breach of these terms and may result in legal action.

8.2 Platform Monitoring & Investigations
Zena Care reserves the right to monitor, review, and audit communications conducted via the platform to ensure compliance with these terms.

9. Termination & Governing Law

9.1 Termination Rights
Zena Care reserves the right to terminate any carer’s account at its absolute discretion, without the requirement to provide notice or justification.

9.2 Governing Law & Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of England and Wales, and any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

10. Contact Information

For any queries regarding these Terms of Service, please contact: [email protected]

1. Introduction

1.1 Purpose of this Agreement
This Agreement governs the relationship between Clients (those engaging care services) and Carers (self-employed individuals providing care services) through the Zena Care platform.

1.2 Independent Contractual Relationship
Zena Care acts solely as an introductory platform and is not a party to this Agreement. The engagement between the Client and the Carer constitutes an independent contractual relationship, to which Zena Care is not liable for any disputes, claims, or liabilities arising from care services.

1.3 Scope of Agreement
The specific details of each engagement, including pricing, dates, and times, are stored within the Zena Care system and may be accessed upon request. This document outlines the broad terms governing the contractual relationship.

2. Obligations of the Parties

2.1 The Carer Agrees To:

• Deliver care services professionally, courteously, and without discrimination.

• Comply with all reasonable client requests as outlined in the agreed care plan and visit details.

• Adhere to all applicable health and safety regulations, ensuring a safe working environment.

• Communicate promptly and regularly with the Client regarding care services.

• Respect confidentiality and maintain the privacy of the Client and Patient at all times.

• Decline tasks that exceed their qualifications or competence and seek alternatives where necessary.

• Work cooperatively with any advocate or representative designated by the Client.

2.2 The Client Agrees To:

• Treat the Carer with respect and professionalism.

• Provide a safe working environment, addressing any health and safety concerns.

• Communicate any schedule changes promptly.

• Provide clear instructions and reasonable support for the Carer’s role.

• Allow reasonable access to the premises for the Carer to perform agreed duties.

• Refrain from pressuring the Carer into tasks they are unwilling or unqualified to perform.

• Pay all fees in full and on time.

3. Fees, Payment, and Cancellations

3.1 Fees & Rate Adjustments

• Fees for care services are determined at the time of engagement and must be honoured throughout the duration of the agreement, unless explicitly revised by mutual consent.

• Bank Holiday rates apply as follows:

• 1.5x standard rate on Bank Holidays.

• 2x standard rate on Christmas Day.

• No travel expenses are chargeable unless expressly agreed by both parties.

3.2 Payment Process

• Invoices are issued on Sundays and must be settled immediately via the Zena Care platform.

• Payments are processed through escrow until service completion.

3.3 Cancellation & No-Show Policy

• For hourly care, a minimum of 48 hours' notice is required for cancellations.

• For live-in care, a 7-day notice period applies (after the first 7 days of engagement).

• Failure to provide notice results in full payment obligations, except in cases of emergency (e.g., hospitalisation).

• Zena Care reserves the right to mediate disputes regarding cancellations but does not guarantee reimbursement.

4. Carer Work Conditions

4.1 Lateness & Breaks

• Carers must notify the Client immediately if arriving more than 10 minutes late.

• Break entitlements:

• Hourly care: A 20-minute break every 6 hours.

• Live-in care: A minimum of 2 hours per day, taken as agreed.

• If a Carer cannot take their break, the Client must facilitate a reasonable alternative.

4.2 Expenses

• Carers may be reimbursed for pre-approved expenses upon submission of receipts.

• Travel expenses are excluded unless expressly agreed in writing.

5. Tax, Insurance, and Indemnity

5.1 Carer’s Self-Employed Status

• The Carer acknowledges they are self-employed and responsible for all tax, National Insurance, and statutory obligations.

• The Carer indemnifies the Client against any claims from tax authorities regarding unpaid taxes.

5.2 Insurance

• The Carer shall maintain adequate public liability insurance for the duration of the engagement.

• The Client acknowledges that Zena Care does not provide insurance coverage for carers.

6. Confidentiality & Data Protection

6.1 Confidentiality Obligations

• The Carer shall not disclose confidential information about the Client or Patient except where legally required.

• Confidentiality obligations survive the termination of this Agreement.

6.2 Data Protection Compliance

• Both parties agree to comply with all applicable data protection laws, including the UK GDPR.

7. Dispute Resolution & Termination

7.1 Dispute Resolution

• In the event of a dispute, the parties agree to engage in good faith discussions before seeking arbitration or litigation.

• Disputes should be raised via the Zena Care dispute resolution process within 10 days of the incident.

7.2 Termination of Engagement

• Either party may terminate this Agreement with written notice, subject to the cancellation policy.

• In cases of serious misconduct, the Client reserves the right to terminate the Carer’s access to the premises with immediate effect.

• The Carer shall vacate the premises within 4 hours of receiving such notice.

8. Force Majeure & Miscellaneous

8.1 Force Majeure

Neither party shall be liable for delays or failure in performance due to circumstances beyond their reasonable control, including but not limited to:

• Strikes, lockouts, or labour disputes.

• Civil unrest, war, or terrorism.

• Natural disasters or extreme weather.

• Government restrictions or pandemics.

8.2 Substitutions

• The Carer may appoint a suitably qualified substitute if pre-approved by the Client.

• The Client retains the right to refuse a substitute at their discretion.

8.3 No Employment Relationship

• This Agreement does not create an employer-employee relationship between the Client and the Carer.

• The Carer is free to work with other clients outside of this engagement.

8.4 Severability

If any provision of this Agreement is deemed unenforceable, the remaining provisions shall continue in full force and effect.

8.5 Governing Law & Jurisdiction

• This Agreement shall be governed by the laws of England & Wales.

• Any disputes shall be subject to the exclusive jurisdiction of the English courts.

9. Notices & Communications

• All notices shall be in writing and may be delivered via:

• Email

• WhatsApp or other digital messaging services

• The Zena Care platform chat function

• Communication via these means shall be deemed valid and legally binding.
  
  

10. Entire Agreement & Waiver

• This Agreement constitutes the entire agreement between the parties.

• No failure or delay by either party in enforcing any right shall constitute a waiver of that right.

SIGNATURES

By engaging in services via Zena Care, both the Client and the Carer confirm their agreement to these terms.