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Privacy Policy

Updated March 3rd, 2021



These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Elunow Ltd&nbsp; (“we,” “us” or “our”), concerning your access to and use of the <a href="https://elunow.com">https://elunow.com</a> website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).



You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.



Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.



We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.



It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.



The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.



Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.



The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Site.



INTELLECTUAL PROPERTY RIGHTS



Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.



The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.



Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.



USER REPRESENTATIONS



By using the Site, you represent and warrant that:



(1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary;]



(3) you have the legal capacity and you agree to comply with these Terms and Conditions;



(4) you are at least 18 years old of age;



(5) not a minor in the jurisdiction in which you reside [, or if a minor, you have received parental permission to use the Site;



(6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;



(7) you will not use the Site for any illegal or unauthorized purpose;



(8) your use of the Site will not violate any applicable law or regulation.



If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).



USER REGISTRATION



You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.



PROHIBITED ACTIVITIES



You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.



As a user of the Site, you agree not to:



(1) systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.



(2) make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.



(3) use a buying agent or purchasing agent to make purchases on the Site.



(4) use the Site to advertise or offer to sell goods and services.



(5) circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.



(6) engage in unauthorized framing of or linking to the Site.



(7) trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;



(8) make improper use of our support services or submit false reports of abuse or misconduct.



(9) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.



(10) interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.



(11) attempt to impersonate another user or person or use the username of another user.



(12) sell or otherwise transfer your profile.



(13) use any information obtained from the Site in order to harass, abuse, or harm another person.



(14) use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.



(15) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.



(16) attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.



(17) harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.



(18) delete the copyright or other proprietary rights notice from any Content.



(19) copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.



(20) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.



(21) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).



(22) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.



(23) disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.



(24) use the Site in a manner inconsistent with any applicable laws or regulations.



[other]



USER GENERATED CONTRIBUTIONS



The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).



(1) Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:



(2) the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.



(3) you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms and Conditions.



(4) you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms and Conditions.



(5) your Contributions are not false, inaccurate, or misleading.



(6) your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.



(7) your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).



(8) your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.



(9) your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.



(10) your Contributions do not violate any applicable law, regulation, or rule.



(11) your Contributions do not violate the privacy or publicity rights of any third party.



(12) your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.



(13) your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;



(14) your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.



(15) your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

Site Terms of Service

Caregiver Agreement To Terms

Elunow is an online application and marketplace that connects people offering care services to people that request care services. All bookings, scheduling, payments and feedback are done through the Elunow application exclusively.



The Elunow application's rights holder and provider of services are Elunow Ltd.



1. Use of the Elunow application



1.1 To use the Elunow application, you must visit the Elunow website or mobile application and register your user account. Creating an Elunow profile creates a user account with the username and password that is added to our secure database.



2. Elunow payment terms



2.1 Payment of the Elunow application user fees takes place as a secured and verified internet payment. It is paid on the confirmation of an order of visits by either a debit or credit card payment, for which you must pre-activate the card data in the application and agree to the Elunow Terms of Use.



2.2 When making a payment, Elunow Ltd. is the payee, who will then pay the booking fees owed to the care providers on the Elunow application.



2.3 Intermediation in the Elunow application takes place via https://stripe.com and follows the following privacy policy: https://stripe.com/privacy.



2.4 Elunow is responsible for the operation of online payments and provides the cardholder with support in resolving issues. Elunow online payments support is available at info@elunow.com. An email received will be answered within one business day. Elunow resolves all complaints and claims related to online payments within two business days.



2.5 On providing an online payment Elunow acts as an economic agent for care service providers by mediating payments made in the Elunow application. The responsibility of the user of the care service to the care service provider is deemed to be fulfilled when a payment order is issued to pay money to the Elunow Ltd managed company CareMate OÜ bank account. Elunow is not the executor of the payment order of the customer of the care service.



3. Ordering and canceling of care services



3.1 In the event that a Elunow user orders a care service and the care assistant has confirmed accepting the order, it is considered to be confirmation of the ordering of a care service.



3.2 The cancelling of the use of the ordered care service is considered to be the situation where the care assistant or care seeker, the Elunow user cancels the care visit of service(s) after receiving the corresponding notice.



3.3 The cancelling of the ordered care service is considered to be the situation in which the user of the Elunow application, or the people for whom the maintenance service is ordered, cancel the order and notify thereof at least 24 hours before the time the service is provided. However, in the event of non-opening the door when the provider of the care service has arrived, and failure to notify the visit must be paid for, as the service provider has taken the order into account.



3.4 Elunow has the right to cancel the use of the application if the user does not pay for the care service that he or she ordered and received, within 7 calendar days.



4. Terms of use for the Elunow application



4.1 Elunow is a web and mobile application that allows people to find a suitable care provider using their geographic location and personal needs data.



4.2 The use of the Elunow application is based on the non-exclusive license granted by Elunow managing company CareMate OÜ. The non-exclusive license agreement is valid for an unlimited period and is free of charge to a customer of the care service. If software contains deficiencies, Elunow will remove them as soon as possible, but note that the application may sometimes experience technical malfunctions, and Elunow cannot guarantee that the application will always work perfectly. Elunow is also not liable for damages that arise from the fact that the Elunow application is not working or cannot be used in the desired manner. In the event that the care service provider’s right of use of the application is canceled, the corresponding non-exclusive license also becomes invalid.



4.3 As the Elunow application is a communication tool between a care service customer and a care service provider, Elunow cannot, therefore, be able to influence or assume responsibility for the quality and defects of the service. Therefore, Elunow cannot guarantee that the order made by a care service customer is always correct and adequate.



4.4 The Elunow application is not an offer of care services, and provision of care services is not organized through the Elunow application. It is also not an agent service to find customers for care service providers.



4.5 Elunow application orders are subject to a consumer right of withdrawal at least 24 hours prior to the order, and in this case, the money will be returned to the card. The customer of the service also has the right to require the return of the money if the service provider has not been based on or has violated the terms of use of the service provider.



5. By registering an Elunow account, you agree to the following terms:



5.1 Elunow has the right to add the application user’s personal data to their client database and the right to transfer personal information to care service providers in accordance with the privacy policy.



5.2 Elunow has the right to unilaterally change the terms of use and privacy policy and transfer the customer database to third parties. Elunow notifies users of the changes to the terms of use and privacy policy by e-mail.



5.3 Elunow may transfer the database containing personal data to third parties without having to notify users of this application in advance. Upon transferring a business or a database, the rights and conditions of this license agreement will also be transferred.



5.4 Elunow can transfer personal and bank data to intermediaries of online payments.



6. General terms and conditions



6.1. The care service receiver must provide the tools needed for the specific care requested. This includes but is not limited to: gloves, diapers, draw sheets, hand washing detergents; cleaning supplies when ordering cleaning service, etc. When ordering assistance for mobility impairments, there should be facilities to make lifting easier and more accessible.



6.2. The person ordering care service must treat the care provider with respect and should not harm her or him or put her or him at risk.



6.3. The fire safety requirements specified by the state must be fulfilled in the place where the service is provided.



6.4. Care service can be ordered from 07:00 to 23:00, Monday through Sunday.



6.5 Care services may have increased fees based on day and time based on their sole discretion.



7. Good practice of use of the Elunow application



7.1 Since Elunow is not a direct care service provider, we cannot fully influence the quality of care services. The problems related to the service quality and faults must be solved in accordance with the rules of the agency conducting supervision of the care service provider or the care service. Elunow provides feedback and a care assistant rating system to application users.



7.2 Elunow wants to contribute to the improvement of the quality of care. Therefore, we ask you to complete the feedback form in the Elunow application. Through this, we can make suggestions to care service providers to improve the quality of service.



7.3 Elunow expects application users to use the application in good faith and be polite to the care assistants.



7.4 Elunow will do its best to ensure that Elunow application is used by honest, verified care assistant who respect their profession and the customers. Elunow cannot, however, ensure that the care assistant found through the application always meets all of these characteristics. However, a background check for all care assistants who want to use the application will be performed, they will be referred to training. In case you receive unpleasant care service, inform us through the Elunow application feedback form or contact customer support, and we ask that you always inform the care service provider.



Date of entry into force of the Terms of Use: 03.03.2021

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