These terms and conditions, and all of our policies available here ("Terms", "Agreement") are an agreement between Concierge Care Alliance Inc. ("Concierge Care Alliance Inc.", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the terms and conditions of your use of the Concierge Connected Care mobile application (“Mobile Application”) and our in-home care matching service, as further described below ("Services").
We are a marketplace matching service and Mobile Application for people who seek in-home care services (“Requesters”) from qualified in-home care workers (“Caregivers”). Our Services may include facilitating scheduling, billing, and direct payment processing from the Requester to the Caregiver. We may also provide mechanisms for ratings and reviews for both Caregivers and Requesters.
We do not employ any Requester or Caregiver, nor are we responsible for the conduct of any Requester or Caregiver. We may require that Caregivers listed on our Services or Mobile Application go through a qualification process to become listed as a Caregiver, which may include maintaining current licenses for in-home care services from the appropriate authorities (e.g. a Home Care Aide license from the State of Washington) and a valid driver’s license and relevant insurance. Any decision by a user to offer or accept in-home care services is a decision made in such user’s sole discretion. We have no control over the quality or safety of the in-home care services that occurs as a result of the Services.
WE DO NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT OR ENGAGE IN ANY CONDUCT THAT REQUIRES A PROFESSIONAL LICENSE. WE DO NOT PROVIDE IN-HOME CARE SERVICES AND WILL HAVE NO LIABILITY FOR THE PROVISION BY CAREGIVERS TO REQUESTERS OR ANYONE ELSE OF IN-HOME CARE SERVICES.
Accounts and membership
You must be at least 18 years of age to use this Mobile Application and our Services. By using this Mobile Application or our Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. You may not allow other persons to use your user account unless they are legally authorized to do so, and you agree that you are solely responsible for any use of your account by those persons. You hereby represent that you are fully authorized to execute this Agreement on behalf of yourself or the Requester who has legally authorized you to create and use an account. If you create an account, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind is a violation of this Agreement and may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof), for any reason, including if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
User content; Protecting User content
It is possible for others to obtain information about you that you provide, publish or post to or through the Mobile Application or Services (including any profile information you provide), send to other users, or share during the in-home care services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other users through the Services. We disclaim all liability, regardless of the form of action, for the acts or omissions of other users (including unauthorized users, or “hackers”).
Billing and payments
We will set fees for our Services and for in-home care services provided by Caregivers to Requesters. We have the authority and reserve the right to determine and modify pricing by posting applicable pricing in the Mobile Application or on our Web site. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Refunds are subject to our Refund Policy. If, in our judgment, your purchase constitutes a high-risk transaction, we may require you to provide us with additional verification, including a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the transaction. We reserve the right to change our Services and pricing at any time. We also reserve the right to refuse any transaction you initiate with us. We may, in our sole discretion, limit or cancel transaction quantities per person, per household or per transaction. These restrictions may include transactions placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel a transaction, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the transaction was initiated.
All transactions are facilitated through a third party payment processor (e.g., Braintree, a division of PayPal, Inc.). We may replace our third party payment processor without notice to you. Solicitations or offers of, and Charges for, in-home care services between Requesters and Caregivers shall only be made through our Services or Mobile Application). With the exception of tips, cash payments are strictly prohibited.
Accuracy of information
Occasionally there may be information in the Mobile Application that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Mobile Application or Services is inaccurate at any time without prior notice (including after you have submitted your transaction). We have no obligation to update, amend or clarify information in the Mobile Application including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Mobile Application should be taken to indicate that all information in the Mobile Application or Services has been modified or updated.
Third party services
If you decide to enable, access or use third-party services, including in-home care services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Concierge Care Alliance Inc. with respect to such other services. Concierge Care Alliance Inc. is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective sites or mobile applications. By enabling any other services, you are expressly permitting Concierge Care Alliance Inc. to disclose your data as necessary to facilitate the use or enablement of such other service.
Caregiver Representations, Warranties and Agreements
By providing services to Requesters to which you have been matched through the Mobile Application or Services, you represent, warrant, and agree that:
· You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Requesters.
· You possess and properly maintain all valid licenses as required to provide services to Requesters (e.g. a current and valid Home Care Aide licenses).
· You agree that we may obtain information about you, including your criminal records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
· You have valid policies of insurance as required by, and in coverage amounts consistent with, all applicable laws.
· You will pay all applicable federal, state and local taxes based on your provision of services and any payments received by you.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Services and Mobile Application or its Content: (a) for any unlawful or fraudulent purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to stalk, harass, threaten, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on medical condition, marital status, gender, sexual orientation, religion, ethnicity, race, age, national origin, or physical or mental disability; (f) to impersonate any person or entity or carry any weapons; (g) to submit false or misleading information; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related mobile application, other mobile applications, or the Internet; (i) to collect or track the personal information of others; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; (l) to interfere with, disrupt, or circumvent the security features of the Services or the Mobile Application, other mobile applications, or the Internet; (m) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or Mobile Application; (n) rent, lease, lend, sell, redistribute, license or sublicense the Services or Mobile Application; (o) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or Mobile Application or its contents; (p) link directly or indirectly to any other web sites; (q) transfer or sell your user account, password and/or identification, or any other user's Content to any other party; or (r) cause any third party to engage in the restricted activities above. We reserve the right to your use of the Services or the Mobile Application for violating any of the foregoing prohibited uses or this Agreement.
Intellectual property rights
This Agreement does not transfer to you any intellectual property owned by Concierge Care Alliance Inc. or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Concierge Care Alliance Inc. All trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services, are trademarks or registered trademarks of Concierge Care Alliance Inc. or Concierge Care Alliance Inc.’s licensors. Your use of our Mobile Application and Services grants you no right or license to reproduce or otherwise use any Concierge Care Alliance Inc. or third party trademarks.
If you are a copyright owner and believe your copyrighted material has been used on the Mobile Application or Services in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written notice to Concierge Care Alliance Inc.: 2608 Second Aveune, Suite 224, Seattle, WA 98121.
Disclaimer of warranty
YOU AGREE THAT YOUR USE OF OUR MOBILE APPLICATION OR SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT SUCH MOBILE APPLICATION AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE MOBILE APPLICATION OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MOBILE APPLICATION OR SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE MOBILE APPLICATION OR SERVICES OR THAT DEFECTS IN THE MOBILE APPLICATION OR SERVICES WILL BE CORRECTED. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MOBILE APPLICATION OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY SERVICES PURCHASED OR OBTAINED THROUGH THE MOBILE APPLICATION OR SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE MOBILE APPLICATION OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE MOBILE APPLICATION OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CONCIERGE CARE ALLIANCE INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COST OF COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OF CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF CONCIERGE CARE ALLIANCE INC. HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. THE MOBILE APPLICATION AND SERVICES MAY BE USED TO REQUEST AND SCHEDULE IN-HOME CARE SERVICES, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT CONCIERGE CARE ALLIANCE INC. HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY IN-HOME CARE SERVICES OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF CONCIERGE CARE ALLIANCE INC. AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO AN AMOUNT WHICH IS THE GREATER OF ONE DOLLAR OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO CONCIERGE CARE ALLIANCE INC. FOR THE SERVICES (AND NOT INCLUDING FEES PAID IN EXCHANGE FOR IN-HOME CARE SERVICES) FOR THE PRIOR ONE MONTH PERIOD PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF YOU ARE NOT FULLY COMPENSATED FOR ANY LOSSES OR A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold Concierge Care Alliance Inc. and its affiliates, directors, officers, employees, successors and assigns, and agents (“Indemnified Parties”) harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands (“Claims”) asserted against any of them as a result of or relating to your Content, your use of the Mobile Application or Services or any act or omission on your part, including, without limitation: (a) your breach of this Agreement or the documents it incorporates by reference; (b) your violation of any law or the rights of a third party, including, Requesters, Caregivers or third parties, as a result of your own interaction with such third party; and (c) any personal injury or property damaged caused by you. At our option, you will defend the Indemnified Parties from any Claims, using counsel reasonably satisfactory to us. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Relationship of the parties
You acknowledge and agree that you and we are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and we expressly agree that (a) this is not an employment agreement and does not create an employment relationship between you and us; and (b) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind us, and you undertake not to hold yourself out as an employee, agent or authorized representative of us.
We do not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of services or your acts or omissions. You acknowledge and agree that you have complete discretion to provide services or otherwise engage in other business or employment activities, including that you retain the sole right to determine when, where, and for how long you will utilize the Mobile Application and Services and whether to accept, decline or ignore a Requester’s request for services via the Mobile Application.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Any dispute or claim relating in any way to your use of the Mobile Application or Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent United States Corporation Agents, Inc., 14205 SE 36th Street, Suite 100, Bellevue, WA, 98006. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the Federal Arbitration Act and the substantive and procedural laws of the State of Washington, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; if we do not consent, any such assignment or transfer shall be null and void. We are free to assign any of our rights or obligations hereunder, in whole or in part, including to any third party as part of the sale of all or substantially all of our assets or stock or as part of a merger.
Changes and amendments
We reserve the right to modify this Agreement or any of our policies relating to the Mobile Application or Services at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. When we do, we will revise the updated date at the bottom of this page. Continued use of the Services or Mobile Application after any such changes shall constitute your consent to such changes.
Acceptance of these terms
This Agreement sets forth the entire understanding and agreement between you and us with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written. You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you may not use or access the Mobile Application and its Services.
Except as explicitly stated otherwise, any notices to us shall be given by certified mail, postage prepaid and return receipt requested to Concierge Care Alliance Inc., 2608 Second Aveune, Suite 224, Seattle, WA 98121. Any notices to you shall be provided to you through the Mobile Application or given to you via the email address you provide to us during the registration process. To be valid, a waiver must be in a writing signed by the waiving party. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches.
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form or send an email to CustomerCare@conciergecarealliance.com.
This paragraph applies to any version of the Mobile Application that you acquire from the Apple App Store. This Agreement is entered into between you and us. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Mobile Application or Services. We, not Apple, are solely responsible for the Mobile Application or Services and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
This document was last updated on May 05, 2020