App terms of use
These terms are the agreement between you and Brilliant Home Care Ltd. for using the Brilliant Homecare app. Please read them. They are short, and several of them protect the people you care for or who care for you. The main points: the app is not for emergencies (section 4); it is provided as it is, and what we are responsible for is limited as section 11 explains; and the care itself is covered by the service agreement, not by these terms.
1. The agreement
These terms are between you and Brilliant Home Care Ltd. ("we", "us"). By choosing "I agree" or using the app, you accept them and confirm that you have read our privacy policy. The privacy policy explains how we handle personal information. It is not part of this agreement, and anything it says needs your separate consent is still asked for separately.
You can read, save or print both at any time at www.brillianthomecare.ca/app/terms and www.brillianthomecare.ca/app/privacy.
They cover the app only. Care itself is governed by the service agreement between us and the client, and a caregiver's work with us by their own agreement with us. If those agreements say something different from these terms, they take priority.
2. Your account
Accounts are created by our office, not signed up for. You sign in with your mobile phone number and a one-time code.
- Your account is for you alone. Do not let anyone else use it or sign in on your behalf.
- Keep the phone number on your account current. Anyone who controls that number can receive your sign-in codes.
- Tell the office straight away if your phone is lost or stolen, or you think someone else has used your account.
- You must be 19 or older, unless you are a client whose parent or guardian manages the account.
- If you accept these terms for a client, or use the app on a client's behalf, you confirm that you hold the authority the office has recorded for you (such as a representation agreement, an enduring power of attorney, an appointment as committee, or being the parent or guardian of a client who is a child), and you will tell the office straight away if it ends or changes. We may ask to see it. Accepting for a client does not take away any of the client's own rights, and no client has to have a representative to receive our care.
3. Permission to use the app
We give you a personal, non-exclusive, non-transferable permission to use the app on devices you own or control, for the purpose it is provided for, while you have an account. If you got the app from Apple's App Store, that use must also follow the Usage Rules in Apple's Media Services Terms and Conditions. We may withdraw the permission as set out in section 9. The app and everything in it, apart from what you and others add, belongs to us or our licensors.
4. Not for emergencies, and not medical advice
The app is not an emergency service and is not monitored around the clock. In an emergency, call 911. For urgent questions about care, phone the office; outside office hours the call goes to an on-call coordinator. If something cannot wait and you cannot reach us, call 911.
Messages, notifications and records sent while you have no signal are delivered when the signal returns, and a notification can be delayed or not arrive at all. Never rely on the app for anything that cannot wait.
Reminders, alerts and wellbeing checks in the app help the office, but they do not replace calling 911 or following the working-alone procedure caregivers are trained on.
Nothing in the app is medical, nursing or legal advice, and the app does not diagnose, treat or monitor any condition. Questions about health belong with a health professional. HealthLink BC answers at 8-1-1, at any hour.
5. What you record is a record
Check-ins, check-outs, visit notes, wellbeing checks and incidents are the record of the care that was delivered. Once saved they are never edited or deleted, only corrected with a new entry that points back to the original.
- Record accurately, promptly and in your own words. Record only what you saw, did or were told.
- Never record a visit, task or time that did not happen, and never check in or out for someone else.
- If something you recorded is wrong, add a correction. Do not work around the record.
A false record puts clients at risk and is a serious breach of these terms.
What is in the app is written by the people who use it: caregivers, the office, clients and families. If something looks wrong or missing, tell the office and ask for a correction (privacy policy section 14), and do not rely on the app alone for a decision about someone's health or safety.
6. Protecting other people's information
Almost everything in the app is personal information about someone else, often about their health. You must:
- use it only to provide, arrange or follow the care it relates to;
- not copy it out of the app, screenshot it, photograph it, forward it or discuss it with anyone who does not need it for that care;
- keep any phone or computer you use the app on locked with a passcode, password or biometrics and its software up to date, and lock a computer whenever you step away from it;
- never use the app on a public computer, and sign out when you finish on one that other people also use;
- not look for, or try to open, anything the app has not shown you.
These duties continue after your account is closed.
Nothing in these terms stops you from posting or sharing your own review of our services, or from raising a concern with the police, WorkSafeBC, a privacy commissioner, a body that protects vulnerable adults or children, or anyone else the law allows.
7. Acceptable use
Do not:
- try to get around the app's access controls, sign in as someone else, or access another person's account;
- probe, scan or test the app or its servers for weaknesses, except by reporting a suspected weakness to security@brillianthomecare.ca;
- copy, modify, reverse engineer or resell the app, except as the law expressly allows;
- upload anything unlawful, harmful or containing malicious code;
- use messages to harass, threaten or abuse anyone, or for anything unrelated to care.
8. What you add to the app
Notes, messages, photos, documents and feedback you add stay yours, but they also become part of the care record. You allow us to store, use and share them as the privacy policy describes, for as long as we keep the record.
Only upload something you have the right to share. Do not photograph a client or anyone in their home unless the care plan asks for it and the client or their decision maker has agreed.
9. Suspending or ending access
Access ends when care ends, when you stop working with us, or when the sharing that gave you access ends. We may also suspend or close an account, immediately if needed, to protect a client, a caregiver or the security of the app, or if these terms are broken. Where it is safe to, we will tell you why. Records already made are kept as the privacy policy describes.
10. Changes to the app, and the services it relies on
We improve the app over time, and may add, change or remove features. We try to keep it available at all times but cannot promise it will always be available or free of errors, particularly during maintenance or outages outside our control. You may need to install an update, or reload the app in your browser, to keep using it.
The app relies on services we do not run: your device and its maker, your browser, your mobile carrier and internet provider, the app stores, maps, and the services that deliver sign-in codes and notifications. Their own terms and privacy policies apply to them, and we are not responsible for what they do or for their delays or failures.
Anything you record while offline stays on your device until it is sent. If the app is deleted, the browser's storage is cleared, or the device is lost or reset before then, it can be lost. Send your work as soon as you have a signal, and tell the office about anything you think did not arrive.
11. Warranties and liability
To the extent the law allows, the app is provided as it is and as available, with no promises about it beyond those these terms make, and we are not liable for indirect, incidental, special or consequential loss, including lost profit or opportunity, arising from using or being unable to use the app, or from a service we do not run (section 10).
Nothing in these terms limits any right you have, or any responsibility we have, that the law does not allow to be limited, including under British Columbia's Business Practices and Consumer Protection Act. These terms do not deal with the care we deliver: our responsibility for care is set out in the service agreement, and a caregiver's or staff member's work with us in their own agreement with us.
12. Apple and Google
If you downloaded the app from the Apple App Store or Google Play:
- these terms are between you and us, not Apple or Google, and we alone are responsible for the app and its content;
- we alone are responsible for maintaining and supporting the app. Apple and Google have no obligation to provide support;
- to the extent the law allows, Apple has no warranty obligation for the app. If the app fails to meet any applicable warranty, you may notify Apple, which may refund the price you paid for the app (the app is free);
- we, not Apple, are responsible for any claim about the app or your use of it, including product liability claims, claims that it fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws;
- we, not Apple, are responsible for investigating, defending, settling and discharging any claim that the app infringes someone else's intellectual property;
- you confirm you are not located in a country subject to a Canadian or United States government embargo, and are not on any government list of prohibited or restricted parties;
- you must also follow the terms of your mobile carrier and of the app store you used;
- Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.
13. Governing law and disputes
These terms are governed by the laws of British Columbia and the federal laws of Canada that apply there. Please raise any problem with us first; most things can be sorted out with a phone call. You do not have to: you may take any claim to the courts of British Columbia or, for claims within its jurisdiction, the Civil Resolution Tribunal.
14. General
If any part of these terms is found to be unenforceable, the rest still applies. If we do not enforce a term straight away, we can still enforce it later. You may not transfer your account or these terms to anyone else. We may transfer them to a business that takes over the services, which will be bound by them and by our privacy policy.
Sections 5, 6, 8, 11 and 13 continue to apply after your account is closed. We are not responsible for a delay or failure of the app caused by something beyond our reasonable control, such as a power, network or provider outage. We may send you notices in the app, by text message or by email to the contact details on your account, and you can ask the office for a paper copy.
15. Changes to these terms
When we change these terms in a way that matters, the app shows you the new version and asks you to accept it before you continue. If you do not accept, you can sign out and call us to discuss it, or ask us to close your account. A change never applies to a dispute that began before it.
16. Contact
- Brilliant Home Care Ltd.
- Coquitlam, British Columbia, Canada
- Phone: 604-388-8730 (office hours Monday to Friday, 8:30am to 5:00pm; an on-call coordinator at all other times)
- Email: hello@brillianthomecare.ca
- Privacy: privacy@brillianthomecare.ca