Home Care Assistance Caregiver App Terms and Conditions
Revised June 18, 2020
The Home Care Assistance Caregiver App (the “App”) is provided to you as a Caregiver for Home Care Assistance (“HCA”), and you may be required to use the App in the course of your employment with HCA. Your use of the App is subject to these Terms and Conditions (the “Terms”), as well as all applicable terms of your employment relationship with HCA. In the event of a conflict, these Terms shall control, but solely with regards to your use of the App. All terms and conditions of employment otherwise remain the same and are neither superseded nor altered by your consent to these Terms. By registering for, accessing, or using the App, you are agreeing to these Terms. You may not register for, access, or use the App if you are not an active employee of HCA.
Description of App
The App gives you another means to enter, report, and track data regarding HCA clients. It also allows you to record working hours through its clock in and clock out functionality. As with other HCA time record keeping, you are required to record all working hours by clocking in when arriving at your shift and clock out when you have completed the shift. You must have an internet-enabled mobile device (such as a smart phone or other device) to use the App. You must also turn on location services on your browser settings in order to utilize the App to clock in and clock out. From time to time, HCA may provide you with additional guidance and instructions regarding use of the App. You are required to read any guidance issued by HCA regarding appropriate use of the App and comply with all such guidance.
License; Restrictions on Use
HCA gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the App for the sole purpose of carrying out your duties as an employee of HCA. You may not:
- Use the App outside of your employment with HCA or for purposes unrelated to your employment with HCA;
- Provide others with access to your Account (with the exception of an HCA supervisor);
- Attempt to circumvent any functionality or security protocols on the App;
- Download information from or take screenshots of the App, or use any robot, spider, site search/retrieval application or other manual or automatic program or device to retrieve, index, “scrape,” “data mine” or in any way gather data from the App;
- Copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the App or any part thereof, or access the App for the purpose of bringing an intellectual property infringement claim against HCA; or
- Enter any information into the App that: (i) advocates, promotes, or otherwise encourages violence or any illegal activities; (ii) violates the intellectual property or privacy rights of any third party or HCA; (iii) is misleading, false, or inaccurate; (iv) is abusive, obscene, or otherwise objectionable; (v) is harmful to minors; (vi) utilizes or contains any viruses, trojans, or any other similar software, data, or programs; or (vii) violates any law, statute, ordinance, or regulation.
- You are solely responsible for keeping your password secure. Never share your password with another individual unless you are instructed to do so in writing by an HCA supervisor. If your phone number or other information relating to your Account changes, you must notify HCA promptly and keep such information current. If you discover that someone else is using your Account, if you lose your phone, or if you discover any other breach of security, you must notify HCA immediately.
As an employee of HCA, you understand that any data or information you enter into the App shall belong to HCA, and that you retain no ownership or rights to such information. You acknowledge and agree that HCA (or HCA’s licensors) own all legal right, title and interest in and to the App and that the App is protected by copyrights, trademarks, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Modification and Termination
You must immediately stop utilizing the App in the event you are terminated as an employee of HCA. HCA may modify or suspend the App at any time, with or without notice and in its absolute discretion. In the event of modification, your continued use of the App shall constitute consent to the changes. Upon any termination of the App or your Account, these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE.” HCA, ITS SUBSIDIARIES, PARENT COMPANIES, AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE APP, INCLUDING IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NOTHING IN THE FOREGOING SHALL EXCLUDE OR LIMIT HCA’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
These Terms constitute the entire agreement between you and HCA with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of HCA to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. Unauthorized use of this App is prohibited and violators can be liable under federal and state laws. To the extent you have entered into an arbitration agreement with HCA in connection with your employment, the arbitration agreement shall govern the resolution of any disputes arising under these Terms. These Terms will be governed by applicable Federal law (including with regard to the application of the arbitration agreement) and California law, except for its conflicts of laws principles. We may revise these Terms from time to time to better reflect (a) changes to the law, (b) new regulatory requirements, or (c) improvements or enhancements made to the App. If an update affects your use of the App or your legal rights, we’ll notify you prior to the update's effective date.