Terms of Service for Care Elites

The following Terms of Service for Care Elites (“Terms of Service”) set forth the terms and conditions whereby you, a service provider fully qualified (to the extent required by applicable law) to provide the services contemplated by these Terms of Service (“you” as one of the “Care Elite”), agree to provide certain care services to third parties that may, from time to time, be referred to you by Homelistic Healthcare Limited (“Homelistic”), a private company incorporated under the laws of Hong Kong (Company No. 75280122).

By registering with Homelistic, you agree to be bound by these Terms of Service.

  1. Homelistic’s Service
    1. Homelistic provides a platform which sources health care professionals like you (“Care Elite”) to work for persons, which may be individuals or institutions (“Clients”) requesting home care and related services on behalf of themselves or others (“Care Recipient”).
    2. Homelistic provides a web-based portal at https://www.homelistic.com.hk (“Homelistic Platform”) through which Care Elites can make their registrations with Homelistic subject to Homelistic’s approval and these Terms of Service.
  2. Registration and Use of Your Information
    1. By getting access to the Homelistic Platform and/or registering with the Homelistic Platform, you also agree to be bound by the Terms of Use [https://www.homelistic.com.hk/en/terms-of-use] and Privacy Policy [https://www.homelistic.com.hk/en/privacy-policy] as published on the Homelistic Platform, which are incorporated herein by reference and which you acknowledge that you have reviewed and accepted.
    2. Homelistic relies on you to specify and describe your experience, qualifications and personal details and you are solely responsible for providing accurate, current and complete information on your profile set up with the Homelistic Platform (“User Profile”).
    3. You agree that Homelistic may publicly display your following personal information on Homelistic Platform for potential Clients’ review:-
      1. Your full name;
      2. The photograph of you;
      3. Your phone number and email address;
      4. Your gender;
      5. Your age;
      6. Your job title;
      7. Your education level;
      8. Your qualifications, specialities and relevant work experience.
    4. You shall update your information in your User Profile with the Homelistic Platform immediately if there is any change of the same, including but not limited to copies of renewed licenses and certificates as required by applicable law.
    5. Failure to notify or provide such information to Homelistic shall entitle Homelistic to deactivate or deprioritize Care Elite’s access to Booking Requests (defined hereinbelow) and/or the Homelistic Platform.
    6. You hereby agree that Homelistic may from time-to-time, in its reasonable discretion and in accordance with applicable law, use your information provided to conduct background checks on you through background check provider(s).
    7. To ensure the safety and security of Clients, Homelistic reserves the right in its absolute and sole discretion to reject, remove, or otherwise cease recommendation of any Care Elite from the Homelistic Platform whom it deems unfit to provide care services. Care Elite shall have no claim against Homelistic for Homelistic’s rejection or removal of Care Elite from the Homelistic Platform.
  3. No Employment Relationship
    1. You understand and intend that you will provide the care services to Care Recipients strictly as an independent contractor, and not as an employee, worker, agent, joint venturer, partner or franchisee of Homelistic or any Client for any purpose.
    2. Care Elite acknowledges and agrees that the care services will be performed in a designated location as requested by Clients.
    3. Homelistic shall not be liable to provide any employment rights or benefits under the Employment Ordinance of Hong Kong or otherwise under any statutory provisions to you. All matters and liabilities in respect of, but not limited to taxation, Mandatory Provident Fund, long service payments, annual leave and sick leave are acknowledged by both of the parties to be outside the scope of the relationship between you and Homelistic. Any such liabilities will be your sole responsibility.
    4. You will bear the whole responsibility of providing true and valid information in order to fulfil Hong Kong’s taxation requirements of being a self-employed person, including but without limitation to filing application profit tax return in respect of your earnings for a tax year from the provision of the care services. This is your responsibility, and not that of Homelistic.
  4. Booking Requests from Clients
    1. Upon Homelistic’s approval of your registration, you will be listed on Homelistic’s database of Care Elites as being available for providing care services and may be contacted by Homelistic for any referral of a Booking Request.
    2. You may receive notifications from Homelistic of any booking requests from Clients (“Notification”) referred to you upon the review and/or preliminary assessment by Homelistic.
    3. The booking requests so referred by Homelistic may set forth information including the nature of the care services required, location, booking date and time and the estimate duration of the services (“Booking Request”). However, Homelistic is not responsible for verifying any such details.
    4. Homelistic makes no warranty as to the suitability of the Booking Requests for you including the care services requested. Before accepting any Booking Request, you shall ensure that you have the time, capability, qualification and the experience to satisfactorily fulfil the Booking Request.
    5. By accepting the Booking Request, you are deemed to have agreed to perform the care services at the location, time and dates as specified in the Booking Request, and you further agree that the estimated duration to carry out the care services as specified in the Booking Request is an appropriate timeframe in which you can effectively and efficiently complete the care services.
    6. The selection of Care Elite for the Booking Request shall be subject to Homelistic’s sole discretion.
    7. You acknowledge that your acceptance of a Booking Request will be subject to Homelistic’s final confirmation, and the Notification shall not constitute an offer to you the acceptance of which will bind the parties.
    8. You have no obligation to accept any Booking Request referred to you by Homelistic.
    9. Homelistic does not guarantee any minimum number of Booking Requests that will be available to Care Elite at any point during the term of these Terms of Service.
    10. Once Homelistic confirms a Booking Request with you (“Booked Service”), you are obliged to complete the Booked Service to the satisfaction of Client and will automatically be subject to the Cancellation Policy for Care Elites [https://www.homelistic.com.hk/en/cancellation-policy], as described herein below.
  5. Obligations of Care Elites
    1. Homelistic may relay certain information on the care services under a Booking Request to you based on its preliminary assessment with the Care Recipient or information received from the Client. However, you shall take instructions from the Client and Care Recipient and exercise reasonable standard of skills, cares and judgments from time to time in the performance of the Booked Services expected of a professional with the skills, experience and capabilities as represented by you.
    2. You agree to observe and comply with the reasonable guidelines, specifications, instructions, policies and/or codes of conduct and practice as may be provided by Homelistic from time to time.
    3. You agree to observe and comply with the dress code as prescribed by Homelistic, which is set out as follows:-
      1. Care Elite should wear decent attire when providing caregiving services to exude professionalism. Long pants and Homelistic uniform are required;
      2. Care Elite must keep the hair clean and neatly styled in a professional manner to facilitate infection control and safe work practices. Hair must be secured off the shoulder and away from the face so that it will not contact the Care Recipient or interfere with the performance of care services;
      3. Care Elite shall bring along an extra set of clothes and footwear for home visits to Care Recipients for the provision of care services.
    4. Unless otherwise agreed by the parties, Care Elite agrees that the rest time arrangement of each Booked Service is as follows :-
      1. For every roster of 8 hours in a Booked Service, Care Elite is entitled to rest time of 30 minutes;
      2. For every roster of 9 to 10 hours in a Booked Service, Care Elite is entitled to rest time of 45 minutes;
      3. For every roster of 11 to 12 hours in a Booked Service, Care Elite is entitled to rest time of 60 minutes.
    5. Without prejudice to Section 5.1 and notwithstanding Section 5.2 above, you are solely responsible for :-
      1. determining the manner and method of performing the Booked Services, including the selection of the appropriate medical equipment, tools and consumables; and
      2. executing the performance of the Booked Services which will be free from supervision and control.
    6. Homelistic has no obligation (but has the right) to inspect Care Elite’s work for quality purposes.
    7. If Care Elite fails to complete a Booked Service in accordance with these Terms of Service, Care Elite understands and agrees that Homelistic may request that Care Elite arrange, via Homelistic, at a date and time mutually agreed with Client, to complete the Booked Services or rectify the Booked Services, and no additional payment will be paid to Care Elite. Homelistic may make compensatory payments to Client for any damage alleged to have been caused to Client by Care Elite, and Homelistic may require, in its sole discretion, Care Elite to reimburse Homelistic for compensatory payments made by Homelistic.
  6. Insurance
    1. You shall maintain all insurance policies necessary or required in respect of the care services or in relation to the provision of the care services contemplated in these Terms of Service on your own account and at your own costs.
  7. Cancellations, Rescheduling and Late Arrival
    1. At Homelistic’s sole discretion, any cancellation, rescheduling or late arrivals in respect of a Booked Service by you may result in you being subject to payment of cancellation fees in accordance with the Cancellation Policy for Care Elites [https://www.homelistic.com.hk/en/cancellation-policy], which are incorporated herein by reference and which you acknowledge that you have reviewed and accepted.
    2. In the event of any cancellation or rescheduling in respect of a Booked Service by you, Homelistic shall have the right to make the Booking Request available to other replacement professionals on the Homelistic Platform if Client declines to reschedule, provided that you may still be subject to the cancellation fees.
    3. Repeated cancellations, rescheduling on short-notice, late arrivals without reasonable excuse and/or no show in respect of a Booked Service by Care Elite are material breach of these Terms of Service and may result in termination of these Terms of Service in accordance with Section 17 or deactivation or de-prioritization of your access to Booking Requests and/or the Homelistic Platform.
    4. At the sole discretion of Homelistic, you may be entitled to cancellation fees in the event a Client cancels or reschedules a Booked Service. By accepting these Terms of Service, you authorize Homelistic to withhold any such cancellation fees (where applicable) and set off against any monies due and payable by you to Homelistic.
  8. Performance Review
    1. You acknowledge that Client and/or Care Recipient may rate and review a Care Elite at the end of every booking. Care Elite agrees to maintain high standards of professionalism and service, including but not limited to maintaining appearance and grooming standards consistent with industry standard, and maintaining a Client rating at or above the minimum rating established by Homelistic for access to the Homelistic Platform, as modified from time to time.
    2. In the event a Care Elite’s aggregate rating falls below the applicable minimum rating, Homelistic may issue a written warning to Care Elite, and reserves the right to deactivate or deprioritize the Care Elite’s access to Booking Requests and/or the Homelistic Platform. Homelistic agrees to provide Care Elite written notice of the minimum rating and any changes thereto.
    3. Homelistic may gather rating and performance reviews from Client from time to time and may provide summaries of such performance appraisals to other Clients or potential Clients for consideration in relation to future Booking Requests.
  9. Costs of Provision of Booked Services
    1. Homelistic shall provide medical equipment, tools and consumables to Care Elite for the performance of the Booked Services.
    2. You may be eligible to seek reimbursement for certain expenses incurred by you depending on the Client and type of care services provided.
  10. Payment for Booked Service
    1. Homelistic will transfer a service payment to you for the completed Booked Service in the previous calendar month (“Booked Services Fees”) in accordance with the Price Table for Care Elites, which are incorporated herein by reference and which you acknowledge that you have reviewed and accepted, on the 15th day of each calendar month after collecting payment from Client on behalf of Care Elite. The Booked Services Fees are subject to any deduction(s) by Homelistic as provided in these Terms of Service.
    2. You understand that Homeslistic’s role is an agent to collect payments from Clients on your behalf. You acknowledge and agree that Homelistic will not be liable for any failure or delay to pay any Booked Service Fees due to you if Client declines to make full payment or make delay payment for whatever reason, and you agree that you will not make any claim against Homelistic.
    3. If in any event Homelistic transfers the Booked Service Fees or any part thereof to you in advance, you hereby undertake to pay back to Homelistic immediately when the Client declines to pay the fees for whatever reason.
    4. In the event that a Client files a complaint regarding your Booked Services, Homelistic has the right to withhold any Booked Services Fees due to you for the relevant Booked Service until the complaint is resolved.
    5. You understand and agree that Homelistic may deduct and set off any monies due and payable to Homelistic by you from and against the Booked Services Fees.
  11. Representations and Warranties
    1. You represent and warrant to Homelistic that from time to time during the term of these Terms of Service:-
      1. you have the necessary licenses, qualifications, authorizations, skills, experience and capability as required by law to provide the care services that are accepted by you;
      2. you are legally permitted to work in Hong Kong;
      3. you have never been the subject of any complaint, inquiry, investigation, disciplinary action or legal proceedings that involved or may lead to any criminal offence or any liability of dishonesty or negligence;
      4. you do not have any criminal convictions in Hong Kong or elsewhere;
      5. you have never been involved in any sexual crimes;
      6. you shall perform the Booked Services in a professional and diligent manner in accordance with best industry standards for similar services and all applicable laws, rules and regulations; and
      7. all information supplied and statements made by you are true, accurate, complete and not misleading in any material respects.
  12. Disclaimer of Liability
    1. Neither Homelistic nor any of its directors, shareholders, officers, employees, agents or affiliates (“Affiliates”) shall in any circumstances be liable whatsoever or in respect of :-
      1. any loss of or damage to any of your property;
      2. any injury to or death of yourself, except any such injury or death caused by the gross negligence of Homelistic; or
      3. any loss or damage caused to you or claims by you arising out of or in connection with the conduct, act or omission of any Client, Care Recipient or other third party in relation to the care services provided by you.
    2. If, notwithstanding the foregoing exclusions, Homelistic or any of its Affiliates is made liable for any damages, in no event will the aggregate liability (of any nature) exceed HK$20,000.
  13. Indemnification
    1. You shall fully indemnify and hold harmless Homelistic and its Affiliates from and against all actions, claims, demands, losses, damages, liabilities, costs, charges or expenses of whatever kind (including reasonable legal fees) arising out of or in connection with:-
      1. your breach of any Terms of Service herein;
      2. your negligence, recklessness, tortious acts or omissions or willful misconducts in the provision of the care services contemplated herein;
      3. any default, unauthorized acts or omissions by you;
      4. your non-compliance with any applicable law, regulations, rules, guidelines, code of conducts, orders or requirements of any Governmental or regulatory authority in the provision of the care services contemplated herein.
  14. Confidentiality and Clients’ Privacy
    1. You understand that in performing the care services herein, you will receive certain private and/or confidential information regarding Clients and Care Recipients and will have access to their homes and personal belongings, and will also receive or have access to proprietary or confidential information relating to Homelistic and the Homelistic Platform.
    2. You shall not, during the continuance of these Terms of Service or at any time thereafter, use, publish, disseminate or disclose to any person any confidential information regarding Homelistic, Clients or Care Recipients, save and except for the following circumstances:-
      1. the disclosure of such confidential information is necessary for the proper performance of your obligations under these Terms of Service, provided that you shall, prior to such disclosure, inform Homelistic the contents of the confidential information to be disclosed and to whom the disclose to be made and obtain the consent of Homelistic;
      2. the disclosure of any confidential information already known to the recipient other than as a result of disclosure by you;
      3. the disclosure of any confidential information which is or becomes public knowledge other than as a result of disclosure by you;
      4. the disclosure is required by any law, governmental authority or order of a Court of competent jurisdiction;
      5. the use and/or disclosure of the confidential information is in accordance with the Privacy Policy;
      6. in any other circumstances, with the prior written consent of Homelistic.
    3. You understand and agree that Homelistic shall have the right to determine in good faith at any time whether any information is within that described above.
    4. Any disclosure permitted under this Section 14 shall be in strict confidence and shall extend only so far as may be necessary solely for the purposes specified in Section 14.2 and you shall use your best endeavours to ensure the confidentiality of any such disclosure.
    5. You further agree not to engage in any activity which violates the privacy of any Client and/or Care Recipient, including, but not limited to, taking unauthorized photographs or making unauthorized audio or video recordings of a Client and/or Care Recipient or their homes or personal belongings, or publishing, disseminating or disclosing any such photographs or recordings. You acknowledge that your failure to comply with the foregoing shall constitute a material breach of these Terms of Service.
    6. This Section shall survive termination of these Terms of Service.
  15. Intellectual Property
    1. Care Elite will not use Homelistic’s intellectual property without the prior written consent of Homelistic, and shall not authorize any third parties to use any of Homelistic’s intellectual property. Nothing in these Terms of Service will give Care Elite any rights in respect of any of the intellectual property or the goodwill associated with Homelistic or its business. Any content or information that Care Elite creates on behalf of Homelistic is owned by Homelistic.
  16. Term of these Terms of Service
    1. These Terms of Service shall be effective as from the date of registration by Care Elite with the Homelistic Platform and shall remain in effect unless and until terminated as set forth in this Section 17 (“the Term”).
    2. You understand that Homelistic may temporarily deactivate Care Elite’s User Profile on Homelistic Platform in the event that Care Elite is inactive on the Homelistic Platform for a period of 28 days or more, as modified from time to time. In such circumstances, Homelistic shall reactivate Care Elite’s User Profile upon request from Care Elite.
  17. Termination and Obligations Upon Termination
    1. At Homelistic’s sole discretion, Homelistic may terminate these Terms of Service effective immediately upon notice to you upon the occurrence of any of the following events:-
      1. if you breach any of the terms and/or conditions of these Terms of Service or in any way whether expressly or impliedly fail to comply with any such terms, conditions or provisions;
      2. if you do not reasonably fulfil any guidelines, code of conducts or other requirements which may be set by Homelistic from time to time; or
      3. in the event of any misconduct, negligence, recklessness, unauthorized acts or omissions, fraud, dishonesty, breach of trust, or misstatement by you; or
      4. in the event of your non-compliance with any applicable law, regulations, rules, guidelines, code of conducts, orders or requirements of any Governmental or regulatory authority in the provision of the care services contemplated herein.
    2. In the event that these Terms of Service are terminated for any reason whatsoever, all rights and obligations of the parties under these Terms of Service shall automatically terminate except for such rights of action as shall have accrued prior thereto and any obligations which expressly or by implication are intended to come into or continue to be in force on or after such termination.
    3. In addition to the foregoing, either party may terminate these Terms of Service for any reason upon fourteen (14) days’ written notice to the other party.
    4. Upon termination of these Terms of Service for any reason, Care Elite shall:-
      1. complete any outstanding Booked Services;
      2. return to Homelistic any confidential information or other property belonging to Homelistic; and
      3. cease all further use of the Homelistic Platform except as required to complete any outstanding Booked Services.
    5. Upon termination of this Agreement, Homelistic shall pay to Care Elite any outstanding earned Booked Service Fees subject to any deduction as provided under these Terms of Service.
  18. No Direct / Indirect Engagement with Client
    1. Care Elite may be engaged or employed in any other business, trade, profession, or other activity, including providing services to customers booked through means other than the Homelistic Platform, including other web-based portals, provided that Care Elite shall not promote, offer, or otherwise sell or attempt to sell additional, similar, or any other services to Client and or Care Recipient outside of the Homelistic Platform, without Homelistic’s prior consent.
    2. Notwithstanding the foregoing, Care Elite agrees not to affirmatively solicit work from and/or provide services to a Client originally referred through the Homelistic Platform through any means other than the Homelistic Platform for a period of six (6) months following Care Elite’s initial engagement by Client, unless Care Elite has obtained the prior written consent of Homelistic.
    3. If Care Elite fails to comply with this Section 18, Care Elite shall pay a referral fee of HK$20,000 to Homelistic and Homelistic may terminate these Terms of Service and deactivate and or deprioritize Care Elite’s access to Booking Requests and/or the Homelistic Platform.
  19. Governing Law and Jurisdiction
    1. These Terms of Service shall be governed and interpreted pursuant to the laws of Hong Kong and the parties hereto agree to be submitted to the non-exclusive jurisdiction of the courts of Hong Kong in relation to any matters arising out of these Terms of Service.
  20. Assignment
    1. Care Elite shall solely be responsible for the performance of all your obligations under these Terms of Service and shall not assign, sub-contract, transfer or otherwise dispose of your obligations under these Terms of Service.
  21. Modification
    1. Care Elite hereby expressly acknowledges and agrees that, by using or receiving access to the Homelistic Platform and using the services of Homelistic, Care Elite is bound by the then-current version of the Terms of Service and the then-current version of any supplements or documents incorporated herein, including but not limited to the Terms of Use, Privacy Policy, Cancellation Policy for Care Elites and Price Table for Care Elites (“the Incorporated Terms”).
    2. These Terms of Service and the Incorporated Terms may be revised at any time by Homelistic without any notice to you. They will take effect immediately when they are posted on the Homelistic Platform. You agree to review these Terms of Service and the Incorporated Terms regularly to be aware of such modifications. Your continued access to the Homelistic Platform and/or use of the services of Homelistic after such modifications shall be deemed to constitute your conclusive acceptance of the modified Terms of Service and the Incorporated Terms.
  22. Miscellaneous
    1. Any notice to be given to the Care Elite may be served (i) personally, (ii) by post set forth in his/her User Profile or any other last known address, (iii) by email to the Care Elite’s registered email account on the User Profile, or (iv) by voice message or SMS to Care Elite’s registered Hong Kong number on the User Profile.
    2. Any notices to be given to Homelistic shall be served personally, by fax, by post or by email.
    3. These Terms of Service, together with any other documents incorporated herein by reference, and related exhibits, schedules, and addenda (if any) constitute the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
    4. Any of the terms thereof may be waived, only by a written document signed by each party to these Terms of Service or, in the case of waiver, by the party or parties waiving compliance.
    5. Except as expressly provided otherwise in these Terms of Service, if any term or provision herein is determined to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Service or invalidate or render unenforceable such term or provision in any other jurisdiction.
    6. Neither party shall be in breach of these Terms of Service nor liable for delay in performing, or failure to perform, any of its obligations under these Terms of Service if such delay or failure results from events, circumstances or causes beyond its reasonable control.
    7. These Terms of Service may not be amended, by implication or otherwise, by any marketing material contained on Homelistic’s website or the Homelistic Platform. Nothing contained in these Terms of Service is intended to or shall be interpreted to create any third-party beneficiary claims.
    8. Care Elite acknowledges that he/she has read and understands these Terms of Service and also acknowledges that he/she has had a reasonable and adequate opportunity to seek and receive independent legal advice, at the Care Elite’s own expense, prior to accepting these Terms of Service.

Last Updated 27 May 2022