Terms and Conditions

Carecity Terms of Use and End User License Agreement

 

Last Revised: April 5th, 2025

BY ACCESSING, VIEWING, OR USING THE CARECITY WEBSITE, THE ASSOCIATED WEBSITES (THE “SITES”), OR BY DOWNLOADING THE CARECITY AND ASSOCIATED APPS (COLLECTIVELY, THE “APPS”) OR ANY TOOLS AND SERVICES PROVIDED IN CONNECTION WITH THE SITES OR APPS (COLLECTIVELY, THE SITES, THE APPS AND ALL RELATED TOOLS AND SERVICES ARE REFERRED TO AS THE “SERVICE”), YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE. IF YOU OBJECT TO ANYTHING IN THESE TERMS OF USE, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 35 AND CLASS ACTION WAIVER IN SECTION 35, OR OTHERWISE DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THESE TERMS OF USE DO NOT USE THE SERVICE AND UNINSTALL THE APPS IMMEDIATELY.

These terms and conditions and end user license agreement (collectively, “Terms of Use”) set forth the terms and conditions of Carecity Domestic Services Limited (“Carecity”) applicable to your use of the Service. Carecity encourages you to read these Terms of Use carefully. For purposes of these Terms of Use, “Carecity” means and includes Carecity and its subsidiaries and its investors, officers, directors, employees, agents, representatives and assigns. “User” means each person who accesses or uses the Service, including homemakers, parents, non-parents and domestic workers, whether or not such User personally used the website or installed one of the Apps or created an account.

You understand and agree that Carecity may revise, modify and/or supplement these Terms of Use (the “Revised Terms of Use”) at any time. Any Revised Terms of Use will be effective immediately after notice is sent to you via the Carecity internal email system or by such other forms of notice as may be determined by Carecity. If you do not agree to the Revised Terms of Use, you must stop using the Service and close your account (and uninstall the Apps). You can close your account by writing to Carecity through admin@carecityzambia.com, or through the Account Settings page under My Account. By continuing to use the Service following notice, or by failing to close your account or uninstall the Apps, you hereby expressly agree to be bound by the Revised Terms of Use and acknowledge that your continued use of and access to the Service is valid consideration for the Revised Terms of Use.

If you are a paying customer for sitter services and close your account within 5 days of your booking (payment) due to the rejection of the Revised Terms of Use, you may seek reimbursement by calling Carecity at +260 766 993 040, or by emailing admin@carecityzambia.com. If you close your account after 5 days of your booking (payment) due to the rejection of the Revised Terms of Use, you may not seek reimbursement as the preparatory costs of delivering the service would have already been incurred.

If you are a paying customer for cleaning services and close your account after payment for services delivered due to the rejection of the Revised Terms of Use, you may not seek a reimbursement.

Terms and Conditions

1. Privacy Policy.Please refer to the Carecity Privacy Policy at https://www.carecityzambia.com/privacyfor information on how Carecity collects, uses and discloses information about you.
2. License.Subject to the terms and conditions set forth in these Terms of Use, Carecity grants you a personal, nonexclusive, nontransferable license to use the Service on any mobile device that you own or control, solely for your personal, noncommercial use except as expressly set forth herein.

The Service will be in the form and format as determined by Carecity in its sole discretion from time to time, and such form and format may limit or restrict use to certain types of devices at the exclusion of others, and may have additional licensing terms restricting their use thereto.

Such license is subject to these Terms of Use and except as expressly provided in these Terms of Use, does not include: (A) any resale or commercial use (except as expressly set forth herein) of the Service or of any content or materials contained therein (“Carecity Content”); (B) modifying or otherwise making any derivative uses of the Service or any Carecity Content; (C) use of any data mining, robots or similar data gathering or extraction methods; (D) reproducing, distributing, publicly performing or publicly displaying the Service or the Carecity Content; (E) reverse engineering or otherwise attempting to discover any source code; or (F) any use of the Service other than for its intended purpose. Any use of the Service or the Carecity Content other than as specifically authorized herein, without the prior, written permission of Carecity, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

3. 3. The Service Offers a Recruitment Platform.The Service merely offers tools, resources and a recruitment platform to connect those seeking care services with those seeking to provide care services. You understand and agree that Carecity: (A) does not employ, recommend or endorse any Users and has no control over the acts or omissions of any Users; (B) is not responsible or liable in any manner for the performance or conduct of any Users or other third parties online or offline; (C) makes no representations or warranties about the quality of the services provided by any User or about your interactions or dealings with other Users; and (D) does not screen Users or automatically conduct any kind of identity or background checks except as otherwise expressly stated in these Terms of Use or on the Service. Regardless of whether Carecity screens users or performs a background check, you should exercise caution and perform your own screening before hiring anyone through the Service. Carecity hereby expressly disclaims, and you hereby expressly release Carecity from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to the Service or your interactions or dealings with other Users, including without limitation any acts and/or omissions of Users online or offline. By using the Service, you acknowledge and agree that you are solely responsible for your use of the Service and that ALL USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK.
4. 4. Location Information; Consent to Use of Data and Mobile Communications.The Website and Apps may from time to time collect your location information if you provide your consent.

You also consent to Carecity communicating with you about the Service or in connection with the features, functions and activities contained therein by SMS, text message, email or other electronic means. Your carrier’s normal, messaging, data and other rates and fees will apply to these communications.

5. Transactions Are Between Users; Release.The Service may be used to help hire or offer sitter and cleaning services provided by Users and to facilitate payment for such services. However, Users transact solely between themselves, and Carecity is not a party to any transactions between Users. Carecity hereby expressly disclaims, and you hereby expressly release Carecity and its affiliates from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to disputes, dealings, or interactions between you and any other Users or third parties.
6. Eligibility.You represent and warrant that you currently meet and will continue to meet the following eligibility conditions (“Eligibility Conditions”) for as long as you use the Service: (A) you are at least eighteen (18) years old; (B) you comply with all laws, rules and regulations in connection with your use of the Service and any services arranged through the Service, including without limitation legal authorization to work in the jurisdiction in which you seek to receive or provide services; (C) you have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions in these Terms of Use; (D) neither you, nor anyone in your home or, as applicable, the location where care services are received or provided: (i) has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others; (ii) has been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including without limitation any sexual abuse or domestic violence offenses; and (E) neither you, nor anyone in your home or, as applicable, the location where care services are received or provided, is currently out on bail or on such person’s own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including without limitation sexual abuse or domestic violence offenses.

By using the Service, you understand and agree that Carecity may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that Carecity may revise the Eligibility Conditions from time to time and require new conditions and certifications and that you will abide by such revised Eligibility Conditions or discontinue using the Service and uninstall the Apps and you must discontinue use of the Service if at any time you no longer meet the Eligibility Conditions. If Carecity becomes aware of or believes that there are violations of the Eligibility Conditions by any User or that the User has otherwise provided any false or misleading information, it may, among other things, suspend and/or terminate such User with or without notice at its sole discretion. If your account is terminated or suspended, you agree to make no further use of the Service after termination or during suspension.

You understand and agree that Carecity does not routinely verify that any or all of the Eligibility Conditions are met by any other Users and you further understand and agree that Carecity is not responsible for assuring that the Eligibility Conditions are met or for any failure to suspend, terminate or prevent the use of the Service by Users who do not meet the Eligibility Conditions. Except where expressly stated otherwise in these Terms of Use or on the Service, you understand and agree that you are solely responsible for conducting any appropriate background checks and obtaining references prior to engaging another User to perform services. You further understand and agree that you are solely responsible for making your own evaluations, decisions and assessments about whether to engage other Users to perform services, accepting any engagements offered by other Users or otherwise interacting with other Users. Carecity hereby expressly disclaims, and you hereby expressly release Carecity and its affiliates from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or in any way related to: (x) any inaccuracy, untimeliness or incompleteness of a User’s Eligibility Conditions; and/or (y) any misstatements or misrepresentations made by any Users.

Although Carecity has no obligation to verify the Eligibility Conditions or conduct any other screenings, verifications or background checks, it reserves the right to do so in its sole discretion, and you hereby authorize Carecity to verify any or all of the above representations and warranties you make or the other information you provide. Such verification may include, without limitation, conducting criminal background checks, traceability checks, motor vehicle records checks, identification verifications and/or using available public records. You consent to any collection, use or disclosure in order to accomplish such verification. You agree that Carecity may take such action as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your account, should it determine, in its sole discretion, that you have violated any representation or warranty or any other provision of these Terms of Use or it otherwise determines in its sole discretion that such suspension or termination is appropriate for any reason. In the event of any suspension or termination, you agree to make no further use of the Service after termination or during suspension.

7. No Professional Advice; Information Only.Any information, materials, content and/or advice provided through the Service, whether by Carecity, Users or third parties, including without limitation the Carecity website blogs and advisories, Carecity staff advisories and onboarding sessions, recruitment advisories, the Carecity Facebook pages, the Carecity Twitter account, the Carecity Instagram account, the Carecity Pinterest account and the Carecity LinkedIn account, are for informational purposes only. If you have specific concerns or a situation arises requiring professional advice, you should consult with an appropriately trained and qualified professional. Carecity hereby expressly disclaims, and you hereby expressly release Carecity and its affiliates from, any and all liability whatsoever for any controversies, claims, suits, injuries, losses, harms and/or damages arising from and/or in any way related to the information, materials and content provided through the Service, including Blog, Facebook pages, Twitter account, Instagram account, Pinterest account, and LinkedIn account.
8. Use of the Service.You agree to use the Service in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Service that Carecity, in its sole discretion, finds inappropriate or offensive or contrary to these Terms of Use may result in suspension or termination of your account with or without notice. Carecity reserves the right to suspend or terminate your account with or without notice at any time in its sole discretion, for any reason or no reason. In the event of any suspension or termination, you agree to make no further use of the Service after termination or during suspension.

You understand and agree not to, and not to permit or encourage anyone else to, do any of the following in connection with the Service:

• Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
• Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
• Use the Service or engage with other Users for any purpose that is in violation of national, or international law, rule or regulation, including without limitation wage and hour and working condition laws and regulations;
• Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
• Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
• Take any action that would undermine any aspect of the Service or use the Service in any manner that could interfere with, disrupt, or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner;
• Attempt to gain unauthorized access to the Service, other User accounts, or other device, computer system or networks connected to the Service;
• Harvest or otherwise collect information about Users without their consent;
• Advertise or offer to sell any goods or services for any commercial purpose (except as expressly set forth herein) on the Service that are not appropriate or relevant to the Service;
• Conduct or forward pyramid schemes, chain letters, surveys or contests on or through the Service, except where sponsored or created by Carecity;
• Impersonate another person or allow any other person or entity to use your user name, password or membership;
• Post the same content repeatedly or spam – spamming is strictly prohibited;
• Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Service;
• Access, download, or copy any information, content and/or materials from the Service through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);
• Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Service; and/or
• Restrict or inhibit any other User from using and enjoying the Service.

Carecity reserves all of its rights under the Laws of Zambia, including without limitation its right to remove anything objectionable to Carecity in its sole discretion. You may report any alleged improprieties by any User to Carecity by email at admin@carecityzambia.com. However, enforcement of these Terms of Use is solely at Carecity’s discretion, and failure to enforce in some instances does not constitute a waiver of Carecity’s right to enforce in other instances. In addition, these Terms of Use do not create any private right of action on the part of any User or third party or any reasonable expectation that the Service will not contain any content or conduct that is prohibited by such Terms of Use.

9. Account Security.You are responsible for maintaining the confidentiality of passwords and account information for the Service, and you are fully responsible for all activities that occur under your account. You agree to immediately notify Carecity of any unauthorized use of accounts or any other breach of security.
10. Third-Party Services and Content.The Service may contain links or otherwise contain or provide access to third-party products, services, websites, advertisers, applications, information, and content (collectively, “Third-Party Services and Content”), which access is provided solely for convenience. For example, the Service may provide access to a third-party payment processing service or may make third-party content available through the Service, such as in the Facebook pages, Blog and Twitter account. You understand and agree that such Third-Party Services and Content are not provided by Carecity, and Carecity does not control or endorse and does not make any representations or warranties regarding such Third-Party Services and Content. YOU UNDERSTAND AND AGREE THAT USE OF SUCH THIRD-PARTY SERVICES AND CONTENT IS AT YOUR OWN RISK, THAT CARECITY TERMS OF USE AND POLICIES DO NOT APPLY TO SUCH THIRD-PARTY SERVICES AND CONTENT, AND THAT CARECITY IS NOT RESPONSIBLE FOR THE PRIVACY OR BUSINESS PRACTICES OR OTHER POLICIES OF SUCH THIRD-PARTY SERVICES AND CONTENT OR FOR THE ACCURACY, COMPLETENESS, SAFETY OR QUALITY OF THE THIRD-PARTY SERVICES AND CONTENT. YOU SHOULD CAREFULLY REVIEW ANY APPLICABLE TERMS AND POLICIES THAT APPLY TO ANY THIRD-PARTY SERVICES AND CONTENT. CARECITY IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR SUCH THIRD-PARTY SERVICES AND CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT THEREOF, AND CARECITY HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE CARECITY FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LIABILITIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO SUCH THIRD-PARTY SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION RELATING TO AVAILABILITY, TERMS OF USE, PRIVACY, INFORMATION, CONTENT, MATERIALS, ADVERTISING, CHARGES, PAYMENT, PRODUCTS AND/OR SERVICES.
11. User Content.“User Content” is defined as any information, content, messages, photos, and/or materials a User posts on Carecity’s social media platforms or through the Service, submits to Carecity and/or submits to any other User on or through the Service or by any other medium or method. User Content, including without limitation in connection with registration and Users’ profiles, is self-reported and you understand and agree that Carecity does not independently verify that any or all of the User Content is accurate, appropriate, timely or complete. You understand and agree that you make your own decisions and assessments about User Content and about persons to hire. Carecity hereby expressly disclaims, and you hereby expressly release Carecity from, any and all liability whatsoever for any controversies, claims, suits, injuries, harm, loss and/or damages, arising from and/or in any way related to any User Content, including without limitation to any acts of or reliance upon other Users with respect to such User Content and/or any comments made by User about others.

You represent and warrant that you are the owner or licensee or otherwise have the right to post or submit such User Content, and you grant to Carecity an irrevocable, perpetual, non-exclusive, fully paid, worldwide, sublicensable license to use, copy, perform, display, reproduce, adapt, modify, prepare derivative of, and distribute such User Content and to incorporate such User Content into other works.

You agree that you are solely responsible for any User Content you post or submit, and you represent and warrant that any User Content: (A) shall not be inaccurate, untimely, incomplete, fraudulent or misleading, including without limitation in connection with registration, your profile and/or use of the Service; (B) shall not infringe any third party’s rights, including without limitation copyright, patent, trademark, trade secret or other propriety right or rights of publicity or privacy; (C) shall not violate any law, statute, ordinance, rule or regulation, including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination; (D) shall not be defamatory, libelous, threatening, harassing, abusive, or inflammatory; (E) shall not be obscene, indecent, suggestive, violent, offensive or contain pornography or be harmful to minors; (F) shall not contain any viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network; and (G) shall not create liability for Carecity or cause Carecity to lose (in whole or in part) the services of the Carecity ISPs or other partners or suppliers. Carecity may, but is not obligated to, review or delete any User Content that, in Carecity’s sole discretion, violates these Terms of Use.

12. Payment Services.Carecity may offer access to a Third-Party Service that provides Users with the ability to process payments for their services through the Service (the “Payment Service”). DPO Pay, a division of Network Group Company (“DPO”) is the provider of these Payment Services. By using the Payment Service to process payment for your services, you agree that Carecity and its affiliates have no obligations or liability to you of any kind under DPO’s Commercial Entity User Agreement (CEA). If you have questions regarding the DPO’s CEA, please contact DPO at www.network.global, www.dpogroup.com.
13. Police and Verification Reports.Carecity may utilize or make available through the Service of third-party reporting agencies that perform, among other things, criminal records checks, motor vehicle records checks and identification verifications on both domestic workers and receivers of services (collectively, “Consumer Reports”), but, unless otherwise expressly stated in these Terms of Use or through the Service, Carecity does not automatically run Consumer Reports on any Users. Carecity does not provide, and is not responsible or liable in any manner for, the Consumer Reports, and it does not endorse or make any representations or warranties regarding the reliability of such Consumer Reports or the accuracy, timeliness or completeness of any information in the Consumer Reports. Nor does Carecity independently verify information in the Consumer Reports.

You hereby consent to the collection, use and disclosure of the information in the Consumer Reports. You understand and agree that Carecity may, in its sole discretion, review and rely on the information in the Consumer Reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that Carecity and its affiliates shall not be responsible or liable in any way in the event that any information in the Consumer Reports about any person, including without limitation you or any other User, is not accurate, timely or complete. If you are the subject of a Consumer Report, you may contact the applicable third-party consumer reporting agency to dispute the accuracy, timeliness or completeness of such information. Carecity reserves the right to suspend and/or terminate you or other Users based on information in the Consumer Reports or for any other reason, or no reason, in Carecity’s sole discretion.

Note the following limitations in Consumer Reports: Except as otherwise expressly provided in these Terms of Use or through the Service, Carecity does not automatically run Consumer Reports on any Users. Records not available to third-party consumer reporting agencies will not be included in the results. Not all arrest logs and records, conviction and correction records and motor vehicle records are available in all provinces. In many provinces there is a delay before arrest logs and records, conviction and correction records and motor vehicle records are included in Consumer Reports. Dismissed cases, arrests not resulting in convictions, arrests or convictions from foreign countries will not be reported.

14. Fair Reporting.If you are the subject of a Consumer Report, you may contact the applicable third-party consumer reporting agency to dispute the accuracy, timeliness or completeness of such information. Carecity hereby expressly disclaims, and you hereby expressly release Carecity and its affiliates from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages, arising from and/or in any way related to the Consumer Reports.
15. Prior Payment.Access to certain services and features of the Service require prior payment (“Prior Payment”). Upon registration for a service that requires prior payment, you agree to pay Carecity the applicable fees at the prices then in effect, and you authorize Carecity to charge your chosen payment method in connection therewith. Carecity reserves the right to correct any payment errors even if it has already requested and/or received payment.

Carecity may use third-party payment processing services to process debit card or mobile money payments and information in connection with the payment of fees and other amounts payable in connection with the Service. Carecity hereby expressly disclaims, and you hereby expressly release Carecity and its affiliates from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to Carecity’s use of third-party payment processing services, including without limitation for any damage that may result should any such information be released to any third parties. For further information about Carecity’s use of payment processing services, please contact Carecity by email at admin@carecityzambia.com.

Carecity may offer limited-time, free trial services, memberships or other promotions from time to time. In some cases, which will be disclosed at the time of sign-up, these promotions may automatically convert to Paid Memberships if you do not cancel within a designated time frame. In such instances, if you continue your membership after the end of the free trial or promotional period, you will be charged the price then in effect. To avoid such charges, you must cancel your membership prior to the end of the free trial or promotional period by calling Carecity at +260 766 993 040, by emailing at admin@carecityzambia.com, or through your account settings.

16. Service Cancellation and Refunds.If you are a paying customer for sitter services and cancel your service request within 5 days of your booking (payment), you may seek reimbursement by calling Carecity at +260 766 993 040, or by emailing admin@carecityzambia.com. If you cancel your service request after 5 days of your booking (payment), you may not seek reimbursement as the preparatory costs of delivering the service would have already been incurred.

For cleaning services, You will not be eligible for a refund of any portion of the fees and you may not seek a reimbursement.

Carecity is not responsible for and will not reimburse any fees incurred by you from your bank or other financial institution, including without limitation overdraft charges, insufficient funds charges, interest charges, or finance charges, which may have occurred as a result of charges billed by Carecity.

17. Ancillary Support Services.Carecity may offer ancillary support services, including without limitation concierge services, customer support services, family-sitter assimilation support, emergency services and date night services (collectively, “Ancillary Support Services”). Ancillary Support Services, including telephone and/or email communications with Carecity and the subsequent receipt, acceptance and/or use of information in connection with Ancillary Support Services, are subject to these Terms of Use, and each use of Ancillary Support Services, including communications with Carecity and the subsequent receipt, acceptance and/or use of information in connection with Ancillary Support Services, whether by phone, email, or other medium or method, also constitutes a use of the Service subject to these Terms of Use. Carecity provides Ancillary Support Services for informational purposes only and does not deliver any professional advice, recommendation, endorsement, direction or guidance. You further understand and agree that fees paid in connection with the Ancillary Support Services, if any, are for the delivery of information only and not for any advice, recommendation, endorsement, direction or guidance. Your receipt, acceptance and/or use of any information in connection with Ancillary Support Services is your further express understanding and agreement to be bound by these Terms of Use, including without limitation all limitations, disclaimers, releases and indemnities in these Terms of Use. You understand and agree that any transaction with another User following the receipt, acceptance and/or use of information is a transaction between Users and not with Carecity. ANCILLARY SUPPORT SERVICES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. CARECITY HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE CARECITY AND ITS AFFILIATES FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, HARMS, LOSSES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE USE OF OR INABILITYTO USE THE ANCILLARY SUPPORT SERVICES, INCLUDING WITHOUT LIMITATION THE RECEIPT, ACCEPTANCE AND/OR USE OF INFORMATION IN CONNECTION WITH ANCILLARY SUPPORT SERVICES.
18. Prohibited Uses.The Service is for the use of individuals only and may not be used in connection with any commercial endeavors (other than the direct employment of caregivers) without the express written consent of Carecity. The Service may not be used by any person or organization to recruit for another website or service or to solicit, advertise, or contact others for employment, contracting, or any other purpose for a business not affiliated with Carecity without express written permission from Carecity. You agree not to use User Content in order to contact, advertise, solicit, or sell to others without their express consent.

You further agree not to collect User Content or any other information, materials or content obtained through the Service, including without limitation names, phone numbers, email addresses, profiles, copyrighted text, or job listings, or otherwise misuse or misappropriate information, materials or content, or any information obtained through use of the Service, using manual or automated means, including without limitation through web scraping, without express written permission from Carecity. Should Carecity have a reasonable basis to believe that you violated this section, Carecity reserves the right, in addition to other remedies and at its sole discretion, to assess a K10,000 daily penalty fee for scraping and/or recruiting.

19. Indemnification. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CARECITY AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, INCURRED BY CARECITY OR ITS AFFILIATES IN ANY WAY RELATED TO YOUR: (A) ACTS AND/OR OMISSIONS ONLINE AND OFFLINE; (B) BREACH OF THESE TERMS OF USE; (C) DISPUTES WITH OR BETWEEN OTHER USERS; (D) USE AND/OR MISUSE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY INFORMATION, CONTENT AND/OR MATERIALS THEREIN OR OBTAINED THROUGH THE SERVICE; (E) VIOLATION OF ANY APPLICABLE LAW, RULE OR REGULATION; (F) INACCURATE, UNTIMELY, INCOMPLETE OR MISLEADING USER CONTENT, INCLUDING WITHOUT LIMITATION WITH RESPECT TO REGISTRATION, PROFILE, ELIGIBILITY CONDITIONS AND INFORMATION SUBMITTED IN CONNECTION WITH CONSUMER REPORTS; (G) MISSTATEMENTS AND/OR MISREPRESENTATIONS, INCLUDING WITHOUT LIMITATION REGARDING YOUR AGE AND YOUR OTHERWISE MEETING THE ELIGIBILITY CONDITIONS; (H) USE OF THIRD-PARTY SERVICES AND CONTENT; (I) USER CONTENT AND ANY ACTS OR OMISSIONS WITH RESPECT TO SUCH USER CONTENT; (J) USE OF ANY INFORMATION IN THE CONSUMER REPORTS; (K) USE OF THE PAYMENT SERVICE; (L) USE OF ANCILLARY SUPPORT SERVICES; (M) CONDUCT IN CONNECTION WITH THE USE OF THE SERVICE OR ANY CONNECTIONS MADE THROUGH THE SERVICE; AND/OR (N) USE OF ANY SERVICES OR PRODUCTS OR ANY CONTRACTS OR ARRANGEMENTS MADE OR PROVIDED BASED ON INFORMATION, CONTENT AND/OR MATERIALS OBTAINED ON OR THROUGH THE SERVICE. YOU FURTHER AGREE THAT YOU WILL COOPERATE AS REQUESTED BY CARECITY IN THE DEFENSE OF SUCH CLAIMS. CARECITY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY USERS, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY SUCH CLAIM OR MATTER WITHOUT THE WRITTEN CONSENT OF CARECITY.
20. Release. IF PERMITTED BY LAW, YOU ALSO AGREE TO RELEASE CARECITY AND ITS AFFILIATES FROM ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO CARECITY’S OWN NEGLIGENCE, INCLUDING, WITHOUT LIMITATION, ANY NEGLIGENCE RELATING TO:

• A. ANY INACCURACY, UNTIMELINESS OR INCOMPLETENESS OF A USER’S ELIGIBILITY CONDITIONS;
• B. ANY MISSTATEMENTS OR MISREPRESENTATIONS MADE BY ANY USERS;
• C. CARECITY CONTENT AND ANY OTHER INFORMATION, MATERIALS AND CONTENT OBTAINED THROUGH USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ON THE BLOG, FACEBOOK PAGES, TWITTER ACCOUNT, WEBISTES, APPS;
• D. THIRD-PARTY SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION RELATING TO AVAILABILITY, TERMS OF USE, PRIVACY, INFORMATION, CONTENT, MATERIALS, ADVERTISING, CHARGES, PAYMENT, PRODUCTS AND/OR SERVICES;
• E. CONSUMER REPORTS; AND/OR
• F. THE USE OF OR INABILITY TO USE THE ANCILLARY SUPPORT SERVICES, INCLUDING WITHOUT LIMITATION THE RECEIPT, ACCEPTANCE AND/OR USE OF INFORMATION IN CONNECTION WITH ANCILLARY SUPPORT SERVICES.

This release does not include claims, suits, injuries, loss, harm or damages arising from Carecity’s gross negligence or willful tortious conduct.

21. Suspension and Termination.Carecity may suspend and/or terminate your account for any reason or for no reason at all and with or without notice at Carecity’s sole discretion. Suspension and/or termination may include restricting access to and use of the Service and may also include the deletion of the content associated with your account. You agree to make no further use of the Service or the Carecity Content during suspension or after termination. Carecity reserves the right, but does not undertake any duty, to take appropriate legal action, including without limitation the pursuit of civil, criminal and/or injunctive redress against you for continuing to use the Service or the Carecity Content during suspension or after termination, and you agree that Carecity may recover its reasonable attorneys’ fees and court costs from you for such actions. Even while your membership is suspended and after it is terminated, these Terms of Use will remain enforceable against you. All other terms that by their nature may survive suspension and/or termination of these Terms of Use shall also be deemed to survive such suspension and/or termination.
22. Intellectual Property Rights of Service.Except for the license expressly granted in these Terms of Use, you are not granted any rights in or to the Service by implication, estoppel, or other legal theory, and all rights in and to the Service not expressly granted in these Terms of Use are hereby reserved and retained by Carecity. The Service, the Carecity Content, and all information, materials, tools, code and content contained therein, including without limitation all text, graphics, logos, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, directories, queries, algorithms, structure, organization, and other content (collectively “Proprietary Material”), are owned by Carecity and is protected by Zambian and international copyright law. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Carecity also owns the coordination, selection, arrangement and enhancement of such Proprietary Material as a collective work and/or compilation under the Zambian Copyright Act, as amended. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service without Carecity’s prior express written permission. Furthermore, you are not allowed to post, distribute or reproduce any User Content that they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject you to termination or suspension from the Service and/or civil and/or criminal penalties. In addition, the Service contains material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of Carecity and/or the relevant right holder. The service marks, trademarks, logos and trade names appearing on this Service are owned by Carecity and you acknowledge the rights of Carecity and the respective third parties therein. You may not copy or use any of these service marks, trademarks, logos or trade names without the prior written permission of the owner.
23. Copyright Complaints and Copyright Agent. Carecity has adopted a policy of terminating, in appropriate circumstances and at Carecity’s sole discretion, members who are deemed to be repeat infringers. Carecity may also at its sole discretion limit access to the Service and/or terminate the accounts of anyone who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
24. Notice of Availability of Filtering Software.All Users are hereby informed by Carecity, the provider of this interactive computer service, that protections (such as computer hardware, software, or antihacking services) are commercially available that may assist in limiting access to material that is harmful.
25. Export Controls.Carecity does not facilitate the hiring of caregivers for work in locations that are not in Zambia.
26. No Third-Party Beneficiaries.Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.
27. Modifications to the Service.Carecity reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Service and/or any features, information, materials or content on the Service with or without notice to you. You agree that Carecity shall not be liable to you or any third party for any modification or discontinuance of the Service or any portion thereof.
28. No Joint Venture.You acknowledge that you are not legally affiliated with Carecity in any way, and no independent contractor, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by your use of the Service or these Terms of Use. As such, you shall not have, or hold out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on Carecity, except as provided herein or authorized in writing by Carecity. Carecity does not serve as an employer of Users and does not evaluate or test Users for employment purposes.
29. Limitations on Use.In the interest of maintaining the performance and availability of the Service and in enforcing these Terms of Use, Carecity reserves the right to place certain limitations on your access to the Service at any time and for any reason. You acknowledge and agree that this term supersedes any specific offer made by Carecity and that these limitations may be enforced in Carecity’s sole discretion. If you feel that these limitations are interfering with legitimate use of Carecity in keeping with the Terms of Use, you shall refer this concern to Carecity and abide by the determination of Carecity.
30. Third-Party Sponsors.If your payment to and use of the Service is paid for or subsidized or sponsored by a third party, including without limitation your employer (collectively, “Third-Party Sponsor”), then you agree to the following:

(A) Release of Third-Party Sponsor. You expressly agree to release Third-Party Sponsor from any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (i) the Service, including without limitation any acts and/or omissions of Users in any way using or having used the Service, and/or on or off the Sites; (ii) disputes between Users; (iii) any inaccuracy, untimeliness or incompleteness of a User’s Eligibility Conditions; (iv) any inaccuracy, untimeliness or incompleteness of information in any of the Consumer Reports or misstatements and/or misrepresentations made by any Users; (v) third-party websites, including without limitation such websites’ availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services; (vi) any misrepresentations regarding the age of any User; (vii) any User Content, including without limitation to any acts of or reliance upon other Users with respect to such User Content and/or any comments made by User about others; (viii) the use and sharing of any information in the Consumer Reports; (ix) Carecity Content and any other information, materials and content on the Sites and/or obtained through use of the Services, including without limitation on the Blog, Facebook pages, Twitter account, Apps; or (x) the use of Ancillary Support Services.

(B) Indemnification of Third-Party Sponsor. You agree to indemnify, defend, and hold harmless any Third-Party Sponsors from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable attorneys’ fees and court costs, incurred by Third-Party Sponsor in any way related to your: (i) acts and/or omissions on or off the Sites or through any use of the Service; (ii) breach of these Terms of Use; (iii) disputes with or between other Users; (iv) use and/or misuse of the Service, including without limitation any information, content and/or materials on the Sites, Apps and/or provided through the Service; (v) violation of any applicable law or regulation; (vi) inaccurate, untimely, incomplete or misleading User Information, including without limitation with respect to registration, profile, Eligibility Conditions and information submitted in connection with Consumer Reports; (vii) misstatements and/or misrepresentations; (viii) use of links to third-party websites, including without limitation such websites’ availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services; (ix) User Content and any acts or omissions with respect to such User Content; (x) use of any information in the Consumer Reports; (xi) use of third-party payment processing services; (xii) use of any services or products or any contracts or arrangements made or provided based on information, content and/or materials obtained on or through the Sites and/or through any use of the Service; and/or (xiii) the use of Ancillary Support Services. You further agree that you will cooperate as requested by Third-Party Sponsor in the defense of such claims. Third-Party Sponsor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any such claim or matter without the written consent of Third-Party Sponsor.

31. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND CARECITY CONTENT ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, CUSTOM, USAGE, MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. CARECITY DOES NOT REPRESENT, OR WARRANT, AND FURTHER DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH, THE FOLLOWING: (A) THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SERVICE WILL BE RELIABLE, ACCURATE, SAFE, TIMELY OR COMPLETE; (C) THE CONDUCT OF ANY USERS ONLINE AND OFFLINE, WHETHER IN CONNECTION WITH THE SERVICE OR OTHERWISE; (D) THE CONDUCT OF OTHER THIRD PARTIES, INCLUDING HACKERS OR OTHERS WHO ENGAGE IN THE UNAUTHORIZED ACCESS, USE OR MISAPPROPRIATION OF ANY USER CONTENT OR INFORMATION; AND/OR (E) THE USE OF ANCILLARY SUPPORT SERVICES. CARECITY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE, MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISRUPT, IMPAIR, DISABLE OR OTHERWISE OVERBURDEN THE OPERATION OF ANY DEVICE, COMPUTER SYSTEM OR NETWORK. CARECITY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT USER CONTENT OR INFORMATION WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. CARECITY HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE CARECITY AND ITS AFFILIATES FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE OR CARECITY CONTENT.
32. Assumption of Risk.You assume all risks when using the Service, including without limitation all of the risks associated with interactions with other Users. You agree to take all necessary precautions when interacting with other Users.
33. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL CARECITY OR ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER USER OR THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICE OR CARECITY CONTENT. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE AGGREGATE LIABILITY OF CARECITY OR ITS AFFILIATES TO YOU WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. IN THE EVENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CARECITY’S OR ITS AFFILIATES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
34. Notice.Any notice or other communication to be given hereunder shall be in writing and given by electronic mail or physical delivery, return receipt requested.
35. Dispute Resolution; Binding Arbitration.

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Carecity and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.

(a) No Representative Actions. You and Carecity agree that any dispute arising out of or related to these Terms or our Services is personal to you and Carecity and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

(b) Arbitration of Disputes.

You and Carecity shall make all efforts to solve any dispute or disagreement arising between them under or in connection with this agreement amicably by direct informal negotiation.

In the event that any dispute arises, and the parties have not been able to settle the same, within 14 days then, any party may elect to commence arbitration proceedings, otherwise, the Dispute is permanently barred, which means that you and Carecity will not have the right to assert the claim.

Such dispute shall be referred to arbitration by a single arbitrator to be appointed by agreement between You and Carecity or in default of such agreement within 14 days of the notification of a dispute, upon the application of either party, by the Chairman for the time being of the Zambia Association Arbitrators (ZAA).

Such arbitration shall be conducted in Lusaka in accordance with the Rules of Arbitration of the said Institute and subject to and in accordance with the provisions of the Arbitration Act No. 19 of 2000 of Zambia.

To the extent permissible by Law, the determination of the Arbitrator shall be final, conclusive and binding upon the parties hereto.

You and Carecity agree that for any arbitration you initiate, you will pay the filing fee and the remaining ZAA fees and costs. For any arbitration initiated by Carecity, Carecity will pay all ZAA fees and costs.

36. 36. General Provisions. These Terms of Use constitute the entire agreement between User and Carecity with respect to the Service. Failure by Carecity to enforce any of these Terms of Use shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects or use of the Service, shall be governed by and construed in accordance with the laws of

Any provision of these Terms of Use found to be invalid, illegal, or unenforceable shall be severed from the Terms of Use. The remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect.

37. 37. Contact.Carecity may be contacted at:

By email: admin@carecityzambia.com
By phone: +260 766 993 040