CareMoni Terms of Use

  1. Introduction and acceptance of these Terms of Use
  1. These terms of use (“Terms of Use”) form a legal agreement between you and Wilymonkey Limited (“CareMoni”, “us”, “our” or “we”), which governs your access and use of the CareMoni mobile app (“App”) and CareMoni dashboard (“Dashboard”) and any other CareMoni branded services provided or made available by us, including where such services are accesses via third party websites and mobile applications (collectively, the Services”).  
  2. Wilymonkey Limited is a company incorporated and registered in England and Wales with company number 10275720. Our registered office is at Kemp House 160 City Road, London EC1V 2NX, United Kingdom, and our VAT number is: 252400546. If you need to contact us for any reason, including to provide feedback or report any issue with the Services please email us at: info@caremoni.com.
  3. CareMoni provides the Services, but does not issue electronic money (“E-Money”). We use a third party, currently Vitesse Limited, to issue E-Money and provide payment services in relation to the Services. Vitesse Limited is authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 for the issuing of E-Money and the provision of payment services with FCA register number 900646 (the “E-Money Issuer”).
  4. The terms of our Privacy Statement are incorporated by reference into these Terms of Use.
  5. These Terms of Use (including the Privacy Statement) contain legally binding obligations.  Accordingly, we strongly encourage you to review them carefully and ensure that they contain everything you want and nothing that you are not prepared to agree to, before you decide to accept them and use the Services. If you do not agree to these Terms of Use, you should not use the Services.
  6. You accept and agree to these Terms of Use (including the Privacy Statement) by either:
  1. acknowledging acceptance of the electronic version of these Terms of Use where this option is made available to you by us (for example when you download the App or register for a CareMoni Account), or
  2. actually using the CareMoni Services.
  1. CareMoni Services
  1. CareMoni provides access to an e-wallet (Wallet”) which is accessible within the App and Dashboard. The Wallet can be used to manage funds as a partner (“Partner”), authorise payment requests as a customer (“Customer”) or request payments from a customer as a service provider (“Provider”).
  2. CareMoni works like this:
  1. You create an account which is specific to you, whereby you can provide us with details and information about you (“Account”);
  1. As a Customer you receive your personal health budget. When a Partner pays you, the funds are paid into an account operated by the E-Money Issuer;
  2. On receipt of fully cleared funds from the Partner, the funds will be owned by CareMoni and the E-Money Issuer will issue E-Money to CareMoni at an equivalent value;
  3. The E-Money Issuer will send details of the issued E-Money to us and the E-Money available to Customers will be displayed in their Wallet. Any fees due to be paid are deducted from the E-Money funds before it is made available in the Wallet;
  4. A care agency (“Agency”) can request payment for provided services from a Customer vie the Dashboard and a personal carer (“Carer”) can do the same via the App. Both Agency and Carer are commonly referred to as Providers;
  5. Customers can use the E-Money which is shown within their Wallet to pay for services provided by participating Providers by authorising their payment requests;
  6. A cash amount (equivalent to the E-Money authorised by the Customer) will be paid into the Provider’s nominated bank account (Cashing out”), subject to the payment of applicable fees;
  1. Both App and Dashboard provide access to your E-Money balance (“Wallet Balance”) and information about your past transactions (“Transactions”).
  1. We will process Transactions in accordance with the instructions received from you and the relevant Partner. You must give us instructions in accordance with these Terms of Use and ensure that your instructions are accurate and correct. We will consider any instruction received from you or the Partner to be authorised by you. Save as otherwise provided under applicable law, you cannot withdraw your instructions once submitted unless we agree.
  2. Your Wallet may be subject to limits on the Transactions that can be carried out due to security and legal requirements as determined by us from time to time in our reasonable discretion. You may be asked to answer security questions or to complete other activities that we may reasonably require in relation to any Transaction. We will notify you in writing as soon as is reasonably practicable if any limits on Transactions are to be imposed in relation to your Wallet.
  3. We may refuse to implement a Transaction if you are in material breach of these Terms of Use or we reasonably believe the Transaction to be unlawful. To the extent permitted by applicable law, we will promptly notify you of any such refusal, stating the reasons for the refusal and, if possible, instructions for rectifying any errors that lead to the refusal.
  4. In order to provide the Services, we must collect, process and store certain data (including, at times, your personal data). Such collection, processing and storage of data shall be carried out in accordance with and governed by these Terms of Use.  Where any personal data is collected or processed this shall be carried out in accordance with our Privacy Statement.
  5. We may, from time to time, extend or amend the Services and offer additional functionality or services to you, whether by way of download or otherwise. These additional functions may include any software maintenance, service information, help content, bug fixes, maintenance releases, modifications, amendments and/or upgrades to the existing functions. Additional functions will be governed by these Terms of Use or other terms and conditions made known to you when we make the other service functionality available.
  6. You must be at least 18 years old to use the Services.
  1. Opening an Account
  1. Customers will get an invite to join CareMoni via SMS initiated by the Partner who will inform them on how to get an Account. Agencies may sign up for an Account via the Dashboard. And Carers may sign up for an Account via the App. 
  2. When registering for your Account and using the Wallet you agree that you will:
  1. provide complete, accurate and truthful information and registration details as requested. We shall not be liable for any loss arising out of your failure to do so. You shall at our request promptly confirm and/or provide documents or other evidence as to the accuracy of this information;
  2. keep the information and registration details you have provided up to date and complete at all times;
  3. ensure that you have all necessary rights to provide such information and registration details;
  4. carry out any registration and/or other tasks in the manner and form reasonably required by us; and
  5. do any other thing which we may reasonably require for you to access and use the Services, such as providing additional information to enable us to verify your identity.
  1. By registering your Account, you confirm that you have regular access to the internet and that you are able to store information sent to you in a durable medium by printing out or otherwise retaining for future reference. You are responsible for ensuring that you are able to access any such communications at any time and that your contact details set out in your Account are kept up to date.
  2. We may contact you by email or via the App with information or notices regarding your Account and the Services. It is your responsibility to regularly check the App and your email account or other methods of communication you have provided to us, and shall retrieve and read messages promptly. We shall not be liable for any loss arising out of your failure to do so.
  3. You agree that you will at all times comply with all applicable laws, rules and regulations application to your use of the Services, together with our Terms of Use (including our Privacy Statement). We may inspect your Account for any reason, including to investigate any alleged breach of these Terms of Use, our Privacy Statement or any third party complaints.
  4. You may only create one Account. If we reasonably believe that you have multiple Accounts, we reserve the right to suspend or close the affected Account(s). In the event of closure, we shall transfer any Wallet Balance in the affected Account to the Wallet in your primary Account, or to your nominated bank account. We may demand proof of identity in the event of a dispute.
  5. The provision of an Account and the Services to you is at our sole discretion, and we reserve the right to decline to provide you with an Account (whether before or after your Account is created) or with the Services without specifying a reason. You acknowledge that all regulatory requirements need to be met before any Services are provided to you.
  1. Relationship with Partners
  1. You are responsible for your relationship with Partners and agree to comply with the relevant legal agreements that you have with them. CareMoni is not responsible for the Partner’s services, and any concerns or enquiries you have about the Partner’s services must be directed by you to the Partner directly, and not to CareMoni.  
  2. You may use your Account to receive and manage funds from participating Partners as follows: The Partner may deposit funds into the account of the E-Money Issuer, for us to credit (when cleared) into your Wallet (“Partner Deposit”), represented in your Wallet as E-Money which is available to you.
  3. You will only obtain credit in your Wallet when cleared funds are received by the E-Money Issuer and the E-Money Issuer informs us of this. If we receive a notice of a reversal or refund from the Platform, we will act on those instructions and adjust the E-Money from your Wallet accordingly.
  4. You acknowledge that we are entitled to rely on the instructions of the relevant Partner when receiving Partner Deposits and dealing with reversed payments and refunds.
  5. The relevant Partners’s decision is final as to Partner Deposits and reversals and refunds. If you have any queries in relation to the value of the Partner Deposits, reversals and refunds and/or your Wallet Balance, you should contact the relevant Partner. Any dispute in relation to the Partner Deposits or reversals and refunds must be dealt with between you and the relevant Partner.
  6. You must comply with the terms and conditions and the instructions of the Partner.
  1. Cashing out
  1. Funds that are credited to a Provider’s Wallet will immediately being transferred to your nominated bank account unless we cannot do so for the reasons described in these Terms of Use.
  2. Funds that are credited to a Customer’s Wallet can on instruction by the Partner be transferred to your nominated bank account.
  3. There is no overdraft facility available on the Wallet. You may only cash out a sum which (when taking into account the relevant fees) are less than or equal to your Wallet Balance.
  1. Important Points regarding E-Money
  1. Your Wallet Balance will represent E-Money, issued by the E-Money Issuer, which is available to you as described in paragraph 1 of these Terms of Use.
  2. All sums which are paid into the account of the E-Money Issuer shall be owned by us from the moment of payment by the Partner. Similarly, all E-Money in your Wallet Balance is owned by us, although, subject to these Terms of Use, we will manage your Wallet Balance in accordance with your instructions.  
  3. The E-Money in your Wallet does not expire and will not earn any interest. Any interest that accrues from any balances held by the E-Money Issuer in the issuance and handling of E-Money will be retained by the E-Money Issuer for its own benefit.
  4. Note that your Wallet Balance is not eligible for protection under the Financial Services Compensation Scheme (FSCS). The E-Money Issuer is required to adhere to the legal requirements under the relevant rules applicable to it (namely the Electronic Money Regulations 2011 and the Payment Services Regulations 2009) which are designed to ensure the safety of funds deposited as E-Money. 
  1. Security and unauthorised payments
  1. You must treat your Wallet Balance as carefully as you would treat money held in your bank account. As part of the Account opening process, you will be required to provide a unique email address and/or phone number, and password (collectively the “Credentials”) that may be used to enable access to, or use of, your Account. It is your responsibility to keep such Credentials safe, secure and within your control. Your Credentials must not be shared with any other party.  
  2. If you believe or suspect that any other individual has access to your Account without authorisation, or your Credentials have been lost, stolen or otherwise compromised, you must contact us immediately by emailing us at info@caremoni.com.
  3. We reserve the right to close, suspend, or limit access to your Account and/or any or all parts of our Services if we have reason to believe that your Credentials are no longer confidential to you or have been used without your authorisation. We will notify you of any closure, suspension or limitation of access.
  4. If you do grant access of your Credentials or access to your Account to any other person, then you are solely responsible for all actions and omissions such other person may carry out.  
  5. If you believe that there has been an incorrectly executed payment from your Wallet, you must inform us immediately at info@caremoni.com and we will liaise with the E-Money Issuer to seek a refund on your behalf, if available. However, if the suspected incorrectly executed payment or unauthorised withdrawal is due to the actions or omissions of the Partner, then section 4.5 above will apply.
  1. Fees
  1. The Services are free to use, we are not charging you any fees (“Fees”).
  2. We reserve the right to review and update the Fees from time to time, and to introduce new fees. However, we will give you 28 days’ notice by email prior to any price changes, during which time you may terminate your use of your Account if you are unhappy to agree to the price change. Should you fail to terminate your use of the Account within 28 days after being notified of a price change, we will assume that you have agreed to the price change and wish to continue using the Account on the basis of the updated Fees.
  1. Member verification checks
  1. We are entitled to carry out in our reasonable discretion any and all necessary:
  1. verification and ‘know your customer’ checks;
  2. other money laundering, terrorism financing, fraud or other illegal activity checks; and
  3. any other checks that we consider necessary,

before processing any Transaction or as otherwise required under by applicable law and our own policies.

  1. You will promptly provide us with all documents and information that we request at any time:
  1. so that we can carry out and be satisfied that we have complied with all identity checks required under applicable law, our own policies or by the E-Money Issuer; and
  2. where there is any change to applicable law, your status or the E-Money Issuer which would oblige us to carry out further identify checks required under applicable law, our own policies or by the E-Money Issuer.
  1. We may decline to provide you with access to a Account (or suspend or close an existing Account) or not process any Transaction if you do not allow us to carry out the checks under section 9.1 or provide the documentation and information requested under section 9.2.
  1. Use of the CareMoni Services
  1. Please note that we do not guarantee that the Services will be compatible with your mobile device. If you are able to download the App onto your mobile device, it is likely that your device will be compatible.  
  2. Please also note that the use of the App may be impacted by the terms of your agreement with your mobile device supplier, manufacturer and/or phone service provider. Such use will require the use of data which may incur costs with your phone service provider particularly when using roaming tariffs abroad.
  3. We grant you a licence to use our Services that is personal to you only, limited, non-exclusive, revocable, non-transferable and without the right to sublicense. This licence is granted to you to allow you to electronically access and use the Services for the purpose to receive the benefit of the Services in accordance with these Terms of Use.  
  1. Restricted Activities
  1. Notwithstanding any limitations described elsewhere in these Terms of Use, we may, where reasonably necessary to protect you or us or otherwise to comply with any and all applicable laws, rules and regulations applicable to the Services and establish general practices and limits concerning use of the Services.
  2. We treat the following matters as “Restricted Activities”, that is, if you:
  1. use the Services, or we reasonably suspect that you have used or will use them, for any illegal purposes (including fraud, money laundering or tax evasion) or in breach of applicable law which impacts us or your (or any third party’s) use of the Services;
  2. breach any material term or condition of these Terms of Use (which is not merely a trivial breach) or failed to remedy a breach of this Agreement in the manner we have informed you of;
  3. intentionally provide false, incomplete, inaccurate, or misleading information to us, which is not merely trivial (including any information as part of the Account registration process, member verification checks and when providing instructions for Transactions);
  4. post or transmit material or otherwise use the Services that is, or is complained of as infringing the Intellectual Property Rights or other rights of others, or is likely to be considered to be unlawful, obscene, promoting illegal activity or terrorism, defamatory, libelous, threatening, harassing, abusive, derogatory, invasive of privacy or publicity rights, fraudulent or tortious, vulgar, intimidating, profane, scandalous, pornographic, indecent, bigoted or hateful, embarrassing to any other person or otherwise objectionable as determined by us in our sole discretion (acting reasonably);
  5. reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services, not expressly permitted by us;
  6. create a database by systematically downloading and storing Services content, unless this is expressly permitted by us;
  7. frame or mirror any part of the Services without our prior written consent;
  8. post, transmit or otherwise allow any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services (including its contents) or engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services, or which, in our reasonable opinion, exposes us to any liability or detriment of any type;
  9. post or transmit any files containing viruses, software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, other harmful or disruptive component or other harmful computer code; and
  10. carry out any other prohibited activities that specify in relation to the operation of your Account.
  1. You agree not to conduct any Restricted Activities.
  2. You agree to co-operate with us, as we may reasonably require to investigate any Restricted Activity related to your use of the Services.
  3. We and the E-Money Issuer may report any suspicious activity to the relevant law enforcement agencies.
  1. Term and Termination
  1. These Terms of Use commence from the date that you access and or use the Services until the time that these Terms of Use with us are terminated. There is no minimum time period of when these Terms of Use will be in effect.
  2. Where:
  1. you do not provide us with the documentation and information requested under section 9 (Member verification checks);
  2. we are unable to verify your documentation and information provided under section 9, or if we have any reason to suspect that any the documentation or information provided by you is inaccurate;
  3. you conduct or attempt to conduct any Restricted Activities, or if we reasonably believe, based on our actual or suspected knowledge backed by evidence, that you may have, or that the security of your use of the Services (including your Account and/or your Credentials) have been compromised:
  4. you have opened multiple Accounts;
  5. we are required to do so under applicable law or under instruction by any regulatory or other competent authority; and/or
  6. you withdraw your consent to us processing your Personal Data as described in the Privacy Statement;

we may take any action under section 12.3 below.

  1. We may do one or more of the following:
  1. suspend your access to your Account or any of the Services;
  2. terminate your Account;
  3. reverse any Transaction;
  4. refuse to process a Transaction or Transactions;
  5. close or suspend your Account and/or use of the Services;
  6. report any relevant information about you and your use of the Services to a regulator, police or other law enforcement agency and/or government department or agency; and/or
  7. do anything else we consider necessary, including claim damages from you.
  1. We shall inform you if we take any action under section 12.3 to the extent we are permitted to under applicable law.
  2. Either you or we may end these Terms of Use and close your Account and Wallet by giving the other party 1 month’s notice. Any notice from us may be provided by email to you or within the App.  Any notice from you must be sent to us at info@caremoni.com.
  3. You can uninstall the App at any time. Please note though that deleting the App will not automatically result in the closure of your Account.  
  4. We reserve the right to terminate any Wallet if it has been dormant for a period of 12 months or more.  For the purposes of this section, ‘dormant’ means that we have not received any payment instructions.
  5. In addition to the other rights to suspend and terminate the Services as set out in these Terms of Use, we reserve the right to suspend or terminate your Account or terminate these Terms of Use immediately at any time and without prior notice to you.  
  1. Following the closure of your CareMoni Account
  1. If we terminate your Account, we will contact you, and unless instructed otherwise (to the extent permitted by applicable law and subject to all member verification checks having been completed to our satisfaction as described in section 9) transfer a sum equal to the Wallet Balance to the most recent details you provided to us for your nominated bank account after deducting any Fees due and payable.
  2. If your Account is closed and/or these Terms of Use are terminated for any reason, you agree that notwithstanding such closure or termination:
  1. to immediately stop using the Service;
  2. the licences provided by us under these Terms of Use shall end;
  3. we reserve the right (but have no obligation) to delete all your information and account data stored on our systems and servers, and to the extent that we retain your information, we can continue to use it in accordance with the Privacy Statement and the licenses stated in these Terms of Use; and
  4. we shall not be liable to you or any third party for termination of access to the Services or for deletion of your information or account data.
  1. Any provision that is reasonably necessary to accomplish or enforce the purpose of these Terms of Use after this Agreement has ended shall survive and remain in effect in accordance with their terms upon the termination of these Terms of Use.
  1. Important disclaimers
  1. While we will aim to maintain an uninterrupted service through the Services, they are provided on an “as is” basis and we do not promise that your access to them will be delivered uninterrupted, securely, in a timely manner or error-free, or that they will be free from viruses or other harmful properties if due to circumstances outside our control, or if we are required to suspend or alter the Services to protect the interests of any innocent party.
  2. We will use reasonable endeavours to ensure that the Services are available, however our responsibility to you is limited if there are interruptions. If you are dissatisfied with the Services, you may close your Account at any time.
  3. From time to time, we may carry out maintenance of the Services which may result in certain parts of the Services becoming unavailable, in which case we will endeavour to notify you in advance. We are not liable to you for the unavailability of the Services while we or the E-Money Issuer carry out any maintenance.
  4. While we try to make sure that the Services are secure, you should note that transmission of information via the Internet may not be absolutely secure and could be subject to interception by governmental agencies or malicious third parties.  
  1. Tax
  1. We shall charge a sum equivalent applicable tax due on the Fees where applicable.
  2. You are solely responsible for any tax, duty or similar levy due in relation to the funds held in your Wallet, and save as required by applicable law, we have no obligation whatsoever for any such tax, duty or similar levy.
  1. Hyperlinks and third party sites

The Service may contain hyperlinks or references to third party websites or app. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites or apps and accept no legal responsibility for any content, material or information contained in them. However, you should note that if we include a link to a third party's website, app, products or services, we may have a commercial relationship with that third party.

  1. Potential Liabilities
  1. You promise that you will pay, immediately owe and be liable to CareMoi for an amount equal to the losses, claims, demands, expense or other liability of CareMoni arising from or related to:
  1. you breaking these Terms of Use or our Privacy Statement;
  2. disputes or litigation caused by your actions or omissions; and/or
  3. your negligence or violation or alleged violation of applicable laws or rights of a third party.
  1. If we fail to comply with these Terms of Use or our Privacy Statement, we are only responsible for loss or damage you suffer that is a direct and foreseeable result of our breach of these Terms of Use or our negligence, and we are not responsible for any loss or damage that is not directly foreseeable, or not our fault. We have no liability to you for any indirect or consequential loss or for any loss of profit, loss of revenue, loss of business, loss of goodwill, reputational damage or loss, business interruption, or loss of business opportunity.
  2. Subject to Section 17.4, our maximum aggregate liability under or in connection with these Terms of Use whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £25.
  3. Nothing in these Terms of Use shall limit or exclude either party’s liability for:
  1. death or personal injury resulting from our negligence;
  2. fraud or fraudulent misrepresentation; and
  3. any other liability that cannot be excluded or limited by English law.
  1. We will not be responsible for any loss arising out of your failure to comply with section 1.1.
  2. We will not be liable or responsible for any losses you may incur that were not our fault or were because of any failure by us to perform (in part or full), or delay in performance of, any of our obligations under these Terms of Use that is caused by an event or circumstance beyond our reasonable control including, but not limited to: strikes, lockouts or other industrial disputes; failure of power, breakdown of systems or network access; riots, insurrection or war; fire, flood, mudslide, earthquake, tsunami or other similar reasons of nature; or our or the E-Money Issuer’s compliance with any applicable law.
  1. Amendments to these Terms of Use

We reserve the right to vary these Terms of Use from time to time. Our updated terms will be displayed on the App and Dashboard. By continuing to use and access the Services following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms of Use from time to time to verify such variations.  No other changes to these Terms of Use are valid or have any effect unless agreed by us in writing.

  1. Protection of Intellectual Property Rights
  1. In these Terms of Use “Intellectual Property Rights” mean all patents, copyrights (including copyright in source code, object code, developer tools, data, materials, content and printed and electronic specifications, integrations guides, procedures manuals and related documentation) design rights, trademarks, service marks, trade secrets, know-how, business names, trade names, database rights and other rights in the nature of intellectual property rights (whether registered or not) and all applications for the same which may now, or in the future, subsist anywhere in the world, including the right to sue for and recover damages for past infringements.
  2. The Services and all Intellectual Property Rights in it and in content made available on it are owned by us, our licensors or both (as applicable). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms of Use. This means, for example, that we and they remain owners of them and free to use them as we and they see fit even following termination of these Terms of Use.
  3. Nothing in these Terms of Use grants you any legal rights in the Services other than as necessary to enable you to access them. You agree not to adjust to try to circumvent or delete any notices contained on the Services (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within them.
  1. Making complaints

If you feel that we have not met your expectations in the delivery of our services or if you think we have made a mistake, please let us know by contacting us at: info@caremoni.com. We aim to respond to any complaint or dispute as quickly as possible and with a view to finding a satisfactory solution.

  1. Other important terms
  1. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be interpreted by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and remain enforceable between the parties.
  2. We are an independent contractor for all purposes when carrying out our obligations under these Terms of Use. Nothing in these Terms of Use is intended to, or shall be deemed to, establish any other kind of legal relationship including: partnership, agency, trustee, fiduciary duty, joint venture or any other form of legal association between us.
  3. No one other than a party to these Terms of Use has any right to enforce any of these Terms of Use.
  4. These Terms are governed by English law. This means that these Terms of Use and any dispute or claim arising out of or in connection with them will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.  Nothing herein seeks to limit any mandatory rights that you may have as a consumer in your own jurisdiction or seek to prevent you from raising any claim in any court which you are entitled due to your status as a consumer.  
  5. The information provided within the Services 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. We reserve the right to limit the availability of the Services or any portion of it, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.