Limitation of Liability

This clause applies to all Trunion policies and appears only here.

3.1 Trunion's role

Trunion acts solely as a placement and care-management platform. Caregivers are independent professionals and are not employees of Trunion. Trunion conducts background checks before introducing a Caregiver, but these checks do not make Trunion responsible for what a Caregiver does or fails to do.

3.2 What Trunion is not liable for

To the extent permitted by law, Trunion is not responsible for the natural progression of an illness or aging, the outcome of treatment given by hospitals or doctors, or loss caused by the Client withholding critical medical or behavioural information. Trunion is also not legally liable for:

• Theft or damage: any loss, theft or damage to personal property, valuables or the residence caused by a Caregiver, especially where items were left unsecured.
• Bodily injury: any harm, injury, slip, fall or medication error that occurs while a Caregiver is providing services, except in cases of proven gross negligence directly attributable to Trunion's matching process.
• Consequential damages: any indirect, incidental, special or consequential damages, including loss of income, emotional distress or medical expenses resulting from a Caregiver's actions or inactions.
• Financial transactions: any loan, gift or other financial transaction between the Client or Elder and a Caregiver.
• Salary matters: any dispute, delay or default in the Caregiver's salary or other payments.
• Third parties: the acts, availability, response time or charges of ambulance operators, hospitals, doctors and other third parties.

3.3 Cap on direct damages

Trunion's total liability for any direct claim arising from or related to any one Plan, whether in contract, tort or otherwise, will not exceed the Platform Subscription Fee actually paid by the Client for that Plan in the 3 months immediately before the event that gave rise to the claim. This cap does not limit a Caregiver's own liability to the Client.

3.4 What the limits do not cover

Nothing in this policy limits liability for fraud, wilful misconduct, or any liability that cannot be excluded or limited under applicable law, including the Client's rights under the Consumer Protection Act, 2019.

3.5 Time limit for claims

The Client must tell Trunion in writing about any incident that may lead to a claim within 30 days of becoming aware of it. Late notice may limit what Trunion can investigate or resolve.