This Terms of Service (this "Agreement") is made and entered into by and between You, a self-employed individual or independent contractor health care professional ("You" or "Caregiver"), and AccrediMatch LLC ("AccrediMatch" or the "Company"), a technology company that provides a technology platform or marketplace for health care organizations ("HCO") seeking healthcare services. AccrediMatch's platform facilitates proof of credentials and payments. AccrediMatch has no involvement in the relationship between the Caregivers and the HCO — it merely provides this platform for such parties to connect and contract with one another. AccrediMatch is not an HCO or an employer.
Recitals
As a self-employed individual or independent contractor, You may independently determine: which HCO You contract with, when You perform services, the amount of time You spend performing services, and Your rate of payment.
You acknowledge that AccrediMatch is a technology services provider that does not provide healthcare services, nor does it employ Caregivers. The Platform includes AccrediMatch's online platforms at AccrediMatch.com, AccrediMatch's mobile application, and related services.
By using the platforms and/or services, you accept and agree to be bound by this agreement. You also acknowledge that You are 18 years of age or older, reside in the United States, have not been previously suspended from AccrediMatch Platform, do not have more than one Account, and have full power and authority to enter into this Agreement.
Definitions
"Company Data" — All data related to the access and use of the AccrediMatch Platform, including all data related to the provision of Visits or Shifts and HCO Information.
"HCO" — A healthcare organization that operates a healthcare practice and provides healthcare services to patients (including but not limited to nursing, physical therapy, occupational therapy, speech therapy, home healthcare, personal care) that is authorized by AccrediMatch to use the Platform.
"AccrediMatch Platform" — The access and use of AccrediMatch's products, services, technology, platforms, and their related functions that enable You and HCOs to seek, request, receive, bid on, approve, accept, reject, and/or fulfill service requests.
"Job", "Visit", or "Shift" — The provision of services by self-employed individuals or independent contractors to an HCO, including the type and nature of such services, the date, time, duration, and location, that are requested, bid on, received, approved, accepted, and fulfilled through the AccrediMatch Platform.
Business Relationship
Your use of the AccrediMatch Platform creates a direct business relationship between You and AccrediMatch. This Agreement is not an employment agreement, nor does it create an employment relationship between AccrediMatch and You. No joint venture, partnership, or agency relationship exists between AccrediMatch and You.
Direction & Control
You may independently determine the Jobs, Visits or Shifts that You are willing to accept and the rate at which You will be paid. AccrediMatch does not, and shall not be deemed to, direct or control You generally or in Your fulfillment of any Jobs. The business relationship between the parties under this Agreement is temporary, and not permanent.
Right to Use the Platform
You retain the sole right to determine when, where, and for how long You will utilize the AccrediMatch Platform. You retain the option to request, bid on, accept, decline, or ignore an HCO's request for Your services, or to cancel an accepted or approved Visit or Shift in accordance with the then-current cancellation policies.
Non-Exclusivity
You have complete discretion to provide services or otherwise engage in other business or employment activities other than the fulfillment of Visits or Shifts. You retain the right to use other software application services related to finding Jobs in addition to AccrediMatch, and to engage in any other occupation or business.
Use of the AccrediMatch Platform
To access certain aspects of the Platform, including scheduling a Visit or Shift, You are required to create an Account by submitting Your name, address, phone number, email address, password, credentials, social security number, driver license number, and alternative names. You shall provide accurate, complete, and current registration information.
You are solely responsible for all activity that occurs on Your Account and for maintaining the confidentiality of Your password. You shall never use another person's Account. If You discover any unauthorized use of Your Account, You must report it to AccrediMatch immediately.
Prohibited Uses. You agree not to use the AccrediMatch Platform to violate any applicable law; exploit or harm minors; transmit spam or unsolicited communications; impersonate AccrediMatch or any other user; reverse engineer the Platform; or develop competitive products or services without prior written consent.
Background Authorization
Your use of the AccrediMatch Platform is contingent upon successful completion of a background check, including but not limited to OIG, GSA, EMR, and County Criminal checks. AccrediMatch uses a third-party service provider to perform background screenings and may share information You provide with those providers.
Credential Requirements
You shall at all times hold and maintain all Credentials and authorizations necessary to fulfill the Visits or Shifts You bid on or accept, and possess the appropriate and current level of training, expertise and experience to provide services in a competent, safe, and professional manner. You must upload written evidence of all Credentials to the Platform prior to fulfilling any Jobs. You are solely responsible for keeping all required Credentials current, valid, and accurate.
Confidentiality
In the performance of this Agreement You may have access to confidential information of AccrediMatch, its Affiliates, HCOs, or related third parties. You shall not use Confidential Information for any purpose except in furtherance of this Agreement, and shall not disclose Confidential Information to any third party.
Protected Health Information
You agree to comply with all applicable laws regarding the handling of, access to, and dissemination and destruction of protected health information ("PHI") as defined under HIPAA. You shall not upload to any AccrediMatch Platform any PHI that would violate applicable law, including HIPAA.
Insurance
You agree to maintain, at all times during the term of this Agreement, adequate insurance which provides levels of coverage that may adequately address any injury You may sustain in the course and scope of Your services. You are required to promptly notify AccrediMatch of any accidents or incidents that occur while performing Visits or Shifts.
Representations and Warranties
You represent and warrant that: You have full power and authority to enter into this Agreement; You have not entered into any agreement that would prevent You from complying with this Agreement; You are a trained Caregiver capable of performing the services required; and You will comply with all applicable laws in Your performance of this Agreement.
Availability
AccrediMatch does not guarantee the availability of Jobs, Visits or Shifts.
