Effective: 1/08/2024
Welcome to Goinstacare.com (hereinafter referred to as the “Website”). Please carefully review this Terms of Use Agreement and notices contained therein (hereinafter referred to as the “Terms”) to understand the terms and conditions governing Your access to, usage of, and engagement with the GoInstaCare Platform. The GoInstaCare Platform is owned and operated by GoInstaCare LLC, a Texas incorporated LLC and its subsidiaries and affiliates (hereinafter referred to as the “Company”). The Company, Website and the Platform are collectively (referred to as “We”, “Us”, or “Our”). The Users of the Platform shall be (referred to as “You”, “Your”, or “Users”). The Company and the Users shall be referred to individually as a “Party” and collectively as “Parties”).
We offer a platform for connecting Clients with the Service Providers, wherein Clients seek the services of the Service Providers for various services available on the platform. Our technology ecosystem, encompassing the Website, iOS mobile application, Android mobile application, and any additional online platforms, software processes, video consultations, subscription services, or any other services facilitated by or through our Company, collectively constitute (the “Platform”).
The Platform is offered to You conditioned on Your acceptance without modification of the Terms, conditions, and notices contained herein, including the privacy policy located at https://www.goinstacare.com/privacy-policy . By clicking on the “Accept” button at the end of the Agreement acceptance form, Users agree to be bound by the Terms of this Agreement. Please read this entire Agreement carefully before accepting its Terms. When You undertake any activity on the Platform, You agree to accept these Terms. YOU UNDERSTAND AND AUTHORIZE THE COMPANY TO USE YOUR INFORMATION TO OBTAIN BACKGROUND CHECKS AND BUSINESS CREDIT CHECKS FROM OUR VENDORS AND/OR VERIFY YOUR IDENTITY THROUGHOUT YOUR USE OF THE PLATFORM.
You agree to use the Platform only in strict interpretation and acceptance of these Terms, and any actions or commitments made without regard to these Terms shall be at Your own risk.
Please review Company’s Privacy Policy, incorporated herein by reference. This policy contains important information and notices regarding how Company collects and uses Your information. Additionally, the provision and delivery of text messages by Company or Our text message service providers are subject to Our SMS Terms and Conditions, which are explicitly included in these Terms.
The Company shall have the right at any time to change or modify the Terms applicable to User’s use of the Platform, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Platform, or by electronic mail, or by any other means by which User obtains notice thereof. Any use of the Platform by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
2.1. “Client” refers to a registered User on the Platform who engages in any of the following activities: searching for Care Providers, seeking Professional Services from Care Providers, booking a service (or obtaining a quote for one), or any other use of the Platform to request, pay for, review, or facilitate the receipt of the services from the Care Providers.
2.2. “Care Provider” means a User who uses, or is registered to use, the Platform to offer, provide, receive payment for, or facilitate the provision of “Care Services”.
2.3. “Care Services” encompasses the services available on the Platform, including those listed, quoted, scheduled, offered, completed, or delivered by Care Providers, as well as those sought, scheduled, paid for, or received by Clients through the Platform.
2.4. “User” refers to an individual or organization that has successfully completed Platform’s account registration process, accepted and agreed to the Terms outlined herein, engaged with the Platform, or individuals or organizations who initiate or respond to requests via the Platform.
2.5. “Platform Content” means all content the Company makes available on or through the Platform, including any content licensed from any third-party, but excluding User Content.
2.6. “User Content” means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any User. This encompasses, but is not limited to, photographs, profile information, descriptions, postings, reviews, requests, messages, and payments processed through the Platform. User Content excludes the Platform Content and feedback provided by Users of the Platform (“Feedback”).
2.7. “Care Services Locations” refers to the location, specific places or facilities where the Care Provider will provide Care Services to the Client.
2.8. “Care Recipient” refers specifically to the individual(s) who are the intended recipients of Care Services arranged through the Platform. Care Recipients may include, but not limited to, individuals requiring healthcare, home care, childcare, senior care, pet care, private nursing care, or other forms of assistance. The Care Recipient may or may not be the same as the Client engaging with the Platform and arrange and manage Care Services.
3.1. Access to and use of the Platform are only available to individuals who are at least 18 years old and capable of forming legally binding contracts under applicable law. By using the Platform, You confirm that You meet these requirements.
3.2. Unauthorized Users are strictly prohibited from accessing or attempting to access, directly or indirectly, the Platform. Any such unauthorized use is strictly prohibited and shall constitute a violation of applicable state and local laws.
3.3. Our Platform may, in its sole discretion, refuse to offer access to or use of the Platform to any person or entity, and change its eligibility criteria at any time.
3.4. Users affirm that they have full legal authority to enter into and bind themselves and the Care Recipient (if not the same) to these Terms. Accordingly, every reference in these Terms to “Client” shall include also include the Care Recipient. If requested, the Client agrees to provide Us with evidence of any necessary authority from the Care Recipient.
3.5. Care Provider shall also include its affiliates, sub-contractors, employees and agent.
4.1. The Platform provides Users with a service designed to facilitate the discovery, coordination, and maintenance of Care Services.
4.2. The Platform serves as a medium through which Clients seeking various care services, including but not limited to child care, senior care, pet care and house care, can connect with Care Providers.
4.3. The Platform features search functionality that empowers Clients to refine their search for Care Providers based on their specific requirements and preferences. This functionality aims to help Clients identify and engage with Care Providers who align with their unique needs.
4.4. We provide a communication platform within the Platform itself, facilitating direct communication between Clients and Care Providers. This communication tool enables Users to exchange information, discuss services, negotiate terms, and otherwise engage in dialogue necessary to arrange and manage Care Services.
4.5. It is important to note that while the Platform facilitates the connection and communication between Clients and Care Providers, any agreements, contracts, or arrangements for the provision of Care Services are the sole responsibility of the Users involved. The Platform does not partake in the formation or execution of these agreements, nor does it have any liability or responsibility regarding the quality, legality, or performance of Care Services contracted through the Platform.
4.6.1. The Care Services provided by the Care Provider do not, under any circumstances, constitute medical services or advice. Clients must not rely on any information provided by the Care Provider as a replacement for professional medical advice, diagnosis, or treatment. Any and all medical concerns or issues must be discussed and addressed with an appropriately trained medical or healthcare provider.
4.6.2. The Company does not exercise control over the quality, timing, or legality of the services provided by the Care Providers. Furthermore, We do not endorse, recommend or vouch for the integrity, responsibility, or actions of Care Providers or Clients. We neither provide referrals nor endorsements for Clients or Care Providers, nor do We make any representations regarding the suitability, reliability, timeliness, or accuracy of the services offered by the Care Providers. It is important to note that We assume no responsibility for the integrity, responsibility, or actions of Care Providers or Clients, whether in public, private, or offline interactions.
5.1. User shall use the Platform for lawful purposes only. User shall not post or transmit through the Platform any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without the Company's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in the Company's discretion restricts or inhibits any other User from using or enjoying the Platform will not be permitted. User shall not use the Platform to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with the Company.
5.2. The Platform contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Platform are copyrighted as a collective work under the U.S. copyright laws. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the Company and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
5.3. User shall not upload, post or otherwise make available on the Platform any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Platform, User automatically grants, or warrants that the owner of such material has expressly granted the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants the Company the right to edit, copy, publish and distribute any material made available on the Platform by User.
5.4. The Platform may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable Users to communicate with others (each a "Communication Service" and collectively "Communication Services"). Users agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
5.4.1. Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
5.4.2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
5.4.3. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
5.4.4. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
5.4.5. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
5.4.6. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
5.4.7. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
5.4.8. Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
5.4.9. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
5.4.10. Restrict or inhibit any other User from using and enjoying the Communication Services.
5.4.11. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
5.4.12. Harvest or otherwise collect information about others, including email addresses.
5.4.13. Violate any applicable laws or regulations.
5.4.14. Create a false identity for the purpose of misleading others.
5.4.15. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of Users of the Services or other User or usage information or any portion thereof.
5.5. The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. The Company reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. The Company reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company's sole discretion.
5.6. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
5.7. Always use caution when giving out any personally identifiable information in any Communication Services. The Company does not control or endorse the content, messages or information found in any Communication Services and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services.
6.1. The User acknowledges and agrees that they bear full responsibility for safeguarding the confidentiality of their account login credentials, including their password and account details. These login credentials are personal and unique to the User
6.2. Furthermore, the User is solely responsible for monitoring and controlling any and all activities that take place under their registered account. This includes actions performed both by the User themselves and by any other parties accessing or using the account, with or without the User’s consent or knowledge.
6.3. The User expressly commits to promptly notify the Company of they become aware of any unauthorized use of their account, or if they suspect any breach of security related to their account. Such notifications should be made without undue delay to ensure that the Company can take appropriate measures to address the issue.
6.4. The User acknowledges that the Company will not bear any liability for any losses or damages that the User might incur as a consequence of another individual or entity using the User’s password or accessing their account, whether or not the User is aware of such unauthorized usage.
6.5. The User is strictly prohibited from accessing or attempting to access anyone else’s account at any time, without the explicit permission of the authorized account holder. Unauthorized access to another User’s account is a violation of these Terms and may result in legal action.
7.1. The User expressly authorizes the Company to use its trademarks, copyrights/designs/logos and other intellectual property owned and/or licensed by it for the purpose of reproduction on the Platform and at such other places as the Company may deem necessary. It is expressly agreed and clarified that, except as specified agreed in this Agreement, each Party shall retain all right, title and interest in their respective trademarks and logos and that nothing contained in this Agreement, nor the use of the trademarks/logos in the publicity, advertising, promotional or other material in relation to the Services shall be construed as giving to any Party any right, title or interest of any nature whatsoever to any of the other Party’s trademarks and/or logos.
7.2. The Company’s Website and other Platforms, and the information and materials that it contains, are the property of the Company and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions, and other intellectual property laws. Platform’s Content is protected by copyright, trademark, patent, and other laws of the United States, foreign countries and international conventions. All the Company’s product names and logos are trademarks or registered trademarks. Nothing contained on the Company’s Website or the Platform should be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use the Company’s Website or any materials displayed on the Company’s Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written consent of the Company. The User shall not attempt to override or circumvent any of the usage rules or restrictions on the Platform.
7.3. Except as otherwise expressly granted to You in writing, We do not grant You any other express or implied right or license to the Platform, Our Content or Our intellectual property rights.
7.4. Proprietary Rights. Subject to the limited rights expressly granted in this Agreement, the Company reserves all rights, title and interest in and to the Service, including all related intellectual property rights. No rights are granted to the User in this Agreement other than as expressly outlined in this Agreement.
8.1. "Data" means any and all identifiable information about Users and their affiliates and the Care Recipients generated or collected by the Company or the User. Such personal information may include, but is not limited to, Your name, address, mobile phone number, age, and information regarding the Care Recipient that is pertinent to the provision of Care Services. Such Data may encompass details about the Care Recipient’s physical or mental condition, medications, preferences, dietary requirements, and related matters.
8.2. You expressly agree to furnish accurate, complete, and current information in Your submissions. Any failure to do so may have adverse consequences, including but not limited to:
8.2.1. The Care Provider’s inability to deliver the Care Services effectively
8.2.2. Your inability to access and use the Platform
8.2.3. Suspension or restriction of Your account
8.3. We may share the Data You provide with our Care Providers and, where applicable, individuals you have authorized. Authorized individuals may include other family members or members of the Care Recipient’s medical team. Such sharing of information shall be executed in strict accordance with our Privacy Policy and applicable laws.
8.4. The User represents, warrants, and covenants that it will not resell or otherwise disclose any Data to any third party, in whole or in part, for any purpose whatsoever.
8.5. The User acknowledges that the Services may contain information which is designated as confidential by the Company and that You shall not disclose such information without the Company’s prior written consent.
8.6. We encourage You to refer to our Privacy Policy for comprehensive information concerning the collection, utilization, an disclosure of Data obtained from Our Users.
8.7. By submitting User Content, the User hereby irrevocably grants Us a perpetual, irrevocable, nonexclusive, royalty-free right to use the Content for any purpose including Application programming interface (API) partnerships with third parties and in any media existing now or in future. The User irrevocably waives, and causes to be waived, any claims and assertions of moral rights or attribution with respect to the User’s Content brought against Us by any third-party services or their users.
9.1. No Agency Relationship: This Agreement unequivocally establishes that the Care Provider is not to be construed as an agent, employee, or representative of the Company in any capacity. The Care Provider is expressly devoid of the authority to bind the Company to any liability or obligation, nor are they empowered to represent themselves as possessing such authority. The Company bears no responsibility for the actions or omissions of the User, and the User is explicitly prohibited from representing, speaking for, binding, or assuming any obligation on behalf of the Company.
9.2. Independent Contractor Status
9.2.1. Care Providers are recognized as independent contractors and not employees of the Company, as defined by applicable federal, state, and local laws and regulations governing insurance, worker’s compensation, industrial accidents, labor, and tax matters. The Company bears no liability for employment-related taxes or withholding taxes concerning the Care Provider.
9.2.2. The Care Provider explicitly acknowledges that they are not authorized to enter into any contract or assume any obligation on behalf of the Company without obtaining prior written consent from the Company.
9.3. Sole Responsibility and Control
9.3.1. Care Providers shall bear exclusive responsibility for the provision of Care Services and shall retain complete autonomy and control over their work. Care Providers are required to provide their own equipment and resources necessary for the delivery of Care Services.
9.3.2. The Company possesses no right to dictate or control the manner in which Care Providers deliver their services. The role of the Platform is strictly confined to that of a facilitator and intermediary, serving to connect Clients with Care Providers. The Company does not exercise control over, or assume responsibility for, the methods, means, or processes by which Care Providers provide their services.
10.1. Non-solicitation commitment for future service contracts: During the term of this Agreement and for a period of 2 years after its termination, Care Provider and Client, hereby agree not to directly solicit or engage in any direct contact with Clients, Care Providers, or User of the Platform, including but not limited to Clients or Care Providers, for the purpose of providing or seeking caregiving or related services independently of the Platform, in the context of any future service contracts that may be established between the parties.
10.2. This commitment does not prohibit parties from communicating with each other for non-competitive or regular communication between the parties for services booked through the Platform.
11.1. You agree to keep a current credit or debit card on file with Us at all times. You authorize Us to charge Your card for utilizing the Platform. The Company is authorized to charge the credit card for Stripe fees, Platform fees, and Caregiving Service fees for the duration You requested plus 1 hour extra referred to as “buffer” (collectively referred to as “Fee”). All Fees will be charged immediately upon completion of the scheduled appointment. We retain the right to place a hold on Your credit card for an ordered or completed appointment. You agree that we may charge Your payment method for verification and pre-authorization purposes, and You agree to bear any additional charges that Your bank or other financial service provider may levy on You. We use third party services to process credit card information.
11.2. The User agrees to pay all applicable Stripe processing fees, which may be incurred during the payment transaction process. These fees will be directly deducted from the total amount paid and are subject to Stripe’s terms and conditions.
11.3. The User agrees to pay any Platform fees for the use of the Platform’s services. the Platform fees shall be specified in the Fee Schedule provided during the booking of the Service.
11.4. Caregiving Service Fees: The User agrees to pay Caregiving Service fees for the specific caregiving services received through the Platform. These fees are determined by the participating Care Providers and are presented to the Client prior to confirming the Caregiving service booking. The Caregiving Service fees are subject to change as determined by the Care Provider and actual duration of the scheduled appointment.
11.5. The Company reserves the right to modify the Platform fees and the method of calculating Caregiving Service fees. Any such changes will be communicated to the User with reasonable notice.
11.6. In the event the Company is unable to charge the User’s payment method on file for any reason, including but not limited to exceeding a payment method’s credit limit, payment method cancellation, a payment method out-of-date, or payment method details being incorrect, the User agrees that the Company may charge any other payment method associated with Your account and take any other action to collect payment from You.
11.7. In the event there is a change in the User’s payment details, the User will immediately update the new payment method, in order to continue using the Services through the Platform.
11.8. The Client can also choose the pay the Caregiving Service Fees through bank transfers or checks payable directly to the Care Provider as agreed upon by both parties.
11.9. Client may also have the option to make payments through alternative methods, including but not limited to Zelle, Venmo, or other electronic payment platforms (“Alternative Payment Methods”). The Client agrees that the use of Alternative Payment Methods may be subject to additional terms and conditions imposed by the respective payment service providers.
11.10. If the Client and Care Provider chooses to use Alternative Payment Methods, the Client and Care Provider are responsible for ensuring compliance with the terms and conditions of the selected payment service provider. The Company shall not be held liable for any issues arising from the use of Alternative Payment Methods, including but not limited to transaction disputes, security concerns, or service interruptions.
11.11. Users agree to share the necessary information for the processing of payments through Alternative Payment Methods, such as the relevant account details or usernames associated with the selected payment service providers.
11.12. Users acknowledges and agree that the Company shall not be held liable in the event that payment is made to an incorrect account due to inaccuracies or errors in the account details provided by the Users.
11.13. The Users are solely responsible for ensuring the accuracy and correctness of the account details provided for payment, including but not limited to bank account information, usernames, or any other details required for electronic payments.
11.14. The Company shall not responsible for any consequences, losses, or disputes arising from payments made to an incorrect account as a result of inaccuracies in the information provided by the Users.
11.15. In the event that a payment is made to an incorrect account due to inaccuracies in the information provided by the Users, the Company shall not be obligated to retrieve or refund the payment. The Users acknowledges that any such request for retrieval or refund is subject to policies and procedures of the respective financial institutions involved.
11.16. The Care Provider and Client agree that any fees associated with the use of Alternative Payment Methods shall be borne by the respective parties.
11.17. The Company in its sole discretion, reserves the right to charge certain penalty fees for fraud, misconduct, late payment or any other violation of the Terms of the Platform.
11.18. The Company reserves the right to terminate the User’s account in the event the Company is unable to charge the payment method or the User is unable to update the new payment method.
12.1. Our Platform offers a secure and efficient payment processing system to facilitate transactions between the Care Provider and the Client. This service enables Users to make payments for Care Services provided through the Platform, offering a convenient way to handle financial transactions related to caregiving. Our role in payment disputes is to provide a framework for resolution. We do not make determinations on the merits of payment disputes but rather ensure that both parties have access to a fair process for resolving them.
12.2. It is important to note that while We provide the technology and infrastructure for payment processing, We do not assume any liability or responsibility for disputes that may arise in connection with these payments.
12.3. The Care Provider shall maintain accurate records of the hours worked while providing Care Services to the Client. These records shall include start and end times for each service session, as well as any breaks or interruptions in service. Both the Care Provider and the Client shall have access to these records upon request.
12.4. The Client agrees to review and verify the hours worked by the Care Provider for each service session. If the Client disputes the accuracy of the hours reported, they shall promptly notify the Care Provider within a time period of 24 hours of receiving the service record.
12.5. Resolution Process: We aim to hold both parties accountable for adhering to their financial obligations while using the Platform. In the event of a payment dispute related to hours worked, both the Care Provider and the Client agree to follow this resolution process:
12.5.1. The Care Provider and the Client shall engage in a good-faith discussion to resolve the dispute amicably. This may include sharing additional documentation or evidence to support their respective claims.
12.5.2. If the dispute remains unresolved after the discussion phase, both parties agree to enter into mediation. Mediation shall be conducted by a neutral third-party mediator agreed upon by both parties. Each party shall be responsible for their own legal fees and expenses incurred in the dispute resolution.
13.1. The Care Provider acknowledges and agrees that, for the purpose of ensuring efficient assignment, coordination, and delivery of Care Services, the Company may collect and track the location of the Care Provider before and during the commencement of Care Services shifts.
13.2. Before the commencement of the Care Service shifts, the Company may use location tracking technologies, including but not limited to GPS, IP address and wi-Fi signals to monitor the Care Provider’s location. This tracking may be utilized to facilitate timely arrival, assignment, and coordination of Care Services.
13.3. During the duration of Care Services shifts, the Company may continue to track the location of the Care Provider using similar technologies. This ongoing tracking is intended to enhance the safety and efficiency of Care Service delivery.
13.4. The Company agrees to handle location data in accordance with applicable privacy laws and regulations. The Company shall implement reasonable security measures to protect the confidentiality and integrity of location data.
13.5. The Care Provider understands that the location tracking information may be used solely for the purposes stated in this Agreement and will not be shared with third parties for unrelated uses.
14.1. The Company reserves the right, in its sole discretion, to immediately terminate Your access to all or part of the Platform, to remove User’s profile and/or any content posted by or about You from the Platform, and/or to terminate Your account with the Platform, with or without notice for any reason or no reason in its sole discretion, including without limitation, if the Company should determine that you are not eligible to use the Services, have violated any Terms stated herein, are not suitable for participation as a registered user, have misused or misappropriated Platform’s content, including but not limited to use on a "mirrored," competitive, or third-party site. Upon termination, the Company shall be under no obligation to provide you with a copy of any content posted by or about you on the Platform. If We terminate your registration, We have no obligation to notify You of the reason, if any, for Your termination.
14.2. Following any termination of any User’s use of the Platform, the Company reserves the right to send a notice thereof to other Registered Users with whom we believe the individual has corresponded. Our decision to terminate a User's registration and/or to notify other Registered Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual's character, general reputation, personal characteristics, or mode of living.
15.1. The Platform facilitates connections between Care Providers and Clients, and while We strive to provide a seamless experience, We do not assume responsibility for the substitution of Care Provider. Care Providers are independent professionals, and their availability and willingness to provide services may vary.
15.2. In the event that a Care Provider becomes unavailable for any reason, including but not limited to illness, schedule conflicts, or personal matters, the Platform does not guarantee or provide substitute Care Providers. Client is solely responsible for arranging substitute care, if needed. Clients are encouraged to have contingency plans in place.
15.3. The Platform does not endorse or guarantee the quality, availability, or compatibility of substitute Care Provider. The selection of a substitute Care Provider is at the discretion of the Client.
15.4. The Company shall not be held liable for any issues or disputes arising from the substitution of Care Providers. Any agreements made between Client and substitute Care Provider are independent of the Platform, and any conflicts or issues should be resolved between the parties involved.
16.1. Vehicle Usage: Care Providers and Clients, including the Care Recipients may, by mutual consent and agreement, use each other’s vehicle for errands, transportation, riding as a passenger, or other services (“Vehicle Usage”) during the course of Caregiving Services.
16.2. The Company assumes no responsibility for any accidents, injuries, or damages that may occur during Vehicle Usage. Care Providers, Clients, Care Recipients, and any other individuals involved in the Vehicle Usage are solely responsible for their safety, adherence to traffic laws, and any associated risks.
16.3. The vehicle owner whose vehicle is being used during Vehicle Usage is responsible for maintaining appropriate insurance coverage, including liability, collision, and comprehensive coverage. The vehicle owner shall ensure that their insurance policies cover any potential incidents or accidents that may occur during Vehicle Usage.
16.4. Care Providers and Clients involved in Vehicle Usage agree that any mileage, fuel expenses, or other related costs incurred during such usage are the responsibility of the person using the vehicle. Reimbursement, if any, will be arranged and agreed upon separately between the Client, Care Recipient, Care Provider or anyone involved in transportation.
16.5. All parties involved in Vehicle Usage agree to comply with all applicable traffic laws, safety regulations, and legal requirements. It is the responsibility of the parties involved in Vehicle Usage to ensure that the vehicle used is in good condition and meets safety standards.
16.6. All parties involved in Vehicle Usage agree to indemnify and hold the Company harmless from any claims, demands, or liabilities, including legal fees and costs, that may arise from or be related to vehicle Usage.
16.7. Vehicle Usage is optional, and it is at the discretion of the Care Provider and Client to agree upon and arrange such usage. The Company does not mandate or encourage the use of vehicles for errands or services.
17.1. Users are responsible for taking all necessary safety precautions when providing or receiving services, including assessing the safety of the service location and adhering to any safety guidelines provided.
17.2. Users must communicate openly and clearly with each other regarding the service location, any potential risks or concerns, and any specific safety requirements.
17.3. The Platform’s primary role is only to facilitate connections between the Users. We do not control or directly supervise the actual provision of services, nor do we own or manage the physical locations where services are provided.
17.4. We do not have control over the condition, safety, or security of service locations, as these locations are typically residences or premises not owned or controlled by Us.
17.5. Users acknowledge that service locations may inherently carry certain risks, including the risks of accidents, injuries, or harm. Users voluntarily assume these risks when choosing to provide or receive services through our Platform.
17.6. Users release our Platform, its affiliates, officers, employees, agents and representatives from any claims, demands, liabilities, damages, or costs arising out of or related to any incidents, accidents, injuries, or harm that may occur at service locations, to the fullest extent permitted by applicable law.
17.7. Users agree to promptly report any incidents, accidents, or safety concerns at the service locations.
17.8. Users agree to comply with all applicable laws, regulations, and safety guidelines when providing or receiving services at the service location.
17.9. In the event of a medical emergency or any other emergency situation, Users should immediately contact local authorities and seek immediate assistance.
18.1. As part of our commitment to safety, security, and integrity, the Company may, at its discretion and to the extent permitted by applicable law, conduct background checks and verification processes on Users of our Services. These checks are intended to enhance the safety and trust of Our Platform and ensure compliance with our Terms.
18.2. Clients are encouraged for conducting their own background checks on Care Providers, and the Company does not assume any responsibility for the authenticity, accuracy, or completeness of such checks.
18.3. Clients should be aware that background check standards and requirements may vary between different companies and jurisdictions. The standards and requirements applied by the Clients may be different from those applied by the Company. It is the responsibility of Clients to determine the scope and criteria of the background check they wish to perform.
18.4. The Company disclaims any liability related to the accuracy, authenticity, or effectiveness of background checks conducted by Clients or third-party companies. The Company does not endorse or validate any specific background check service or report.
18.5. Clients should independently assess the results of background checks and make decisions based on their own judgment, risk tolerance, and specific requirements. The Company does not provide any guarantees regarding the suitability or safety of any Care Provider.
18.6. By using the Platform, You hereby consent to the Company conducting background checks and verification processes as described herein. Users who do not consent to these checks should refrain from using Our Platform.
18.7. The Company may use third-party consumer reporting agencies or other lawful means to conduct background checks on Users. These checks may include but are not limited to searches for criminal convictions or records.
18.8. The Company may require Users to undergo identity verification processes, which may involve verifying government-issued identification documents, such as driver’s licenses or passports.
18.9. In certain cases, the Company may verify a User’s employment history and educational background, subject to applicable laws and regulations.
18.10. The Company may collect, and process personal information and data obtained through background checks and verification processes. This information will be handled in accordance with our Privacy Policy.
18.11. The Company may use the information obtained from these checks and verifications to make decisions related to User’s eligibility, account access, or participation in specific services. This includes the right to deny access to the Platform or terminate User accounts based on the results of these checks.
18.12. Users are responsible for ensuring the accuracy of the information provided to the Company during registration and at all times while using the Platform. Any discrepancies or inaccuracies identified during background checks or verifications should be promptly addressed by the User with the relevant authorities or reporting agencies.
18.13. The Company does not assume any liability for the accuracy, completeness, or timeliness of information obtained through background checks and verification processes. Users expressly acknowledge that the Company does not guarantee the reliability or accuracy of the information gathered from these checks.
18.14. By using the Platform, Users release the Company from any claims, demands, or damages (actual or consequential) related to the use of information obtained through background checks and verifications.
18.15. The Company reserves the right to terminate or suspend User accounts or access to its services based on the results of background checks and verifications, even if such information was subsequently changed or corrected.
19.1. You acknowledge and agree that the Services provided through Our Platform do not encompass any form of medical care, including emergency care, and that none of the Service Fee paid or received constitute compensation for any medical or emergency care. The provision of medical care, including emergency care, is entirely at the sole discretion of the Care Provider.
19.2. The Care Provider agrees to provide non-medical services, including but not limited to personal care, companionship, meal preparation, light housekeeping, transportation, and assistance with activities of daily living.
19.3. Prohibition on Administering Injections and Related Services
19.3.1 Care Provider expressly acknowledges and agrees that they are not authorized, certified, or licensed to perform medical procedures, including but not limited to administering injections, intravenous therapy, or any other medical treatment that requires professional medical qualifications.
19.3.2. Care Provider shall not, under any circumstances, administer injections or perform any medical procedures that fall within the scope of medical practices as determined by applicable laws and regulations.
19.3.3. If Client or Care Recipient requires medical services, including injections or related medical procedures, it is the sole responsibility of Client or Care Recipient to engage a qualified medical professional or healthcare provider to provide such services. Care Provider shall not offer, attempt, or provide any medical services.
19.3.4. Care Provider agrees to comply with all federal, state, and local laws and regulations pertaining to the provision of non-medical services and shall not engage in any activities that would constitute the unauthorized practice of medicine or any other unlawful activities.
19.3.5. Care Provider, Client and Care Recipient acknowledges that any breach of this clause may result in legal consequences, including but not limited to termination of the service agreement, civil liability, and criminal charges, as applicable.
19.4. The Services offered are intended solely for non-medical support, assistance, and companionship. They are not substitute for professional medical care or advice. If medical care or attention is required, You should seek the services of a qualified medical professional or healthcare provider.
19.5. Whether a Care Provider chooses to render emergency care in the event of an emergency situation is entirely within the Care Provider’s discretion. Care Providers are not obligated to provide medical or emergency care beyond the scope of their training or abilities.
19.6. The Company and the Care Providers shall be entitled to the full benefit of any applicable “Good Samaritan” laws or statutes in force. These laws are designed to provide legal protection to individuals, who in good faith and without expectation of compensation, voluntarily offer assistance to those in need during emergency situations.
20.1. USER EXPRESSLY AGREES THAT USE OF THE PLATFORM IS AT USER'S SOLE RISK. NEITHER THE COMPANY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE PLATFORM.
20.2. THE PLATFORM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
20.3. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT THE COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
20.4. IN NO EVENT WILL THE COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE PLATFORM OR THE COMPANY’S SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PLATFORM. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
20.5. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, THE COMPANY, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN [YOUR WEBSITE ADDRESS], OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
20.6. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
21.1. The User affirms and warrants that all obligations stipulated under this Agreement are in full compliance with applicable laws and are, to the best of their knowledge, legal, binding, and enforceable against the User.
21.2. The User agrees and undertakes to promptly inform the Company if there are any legal proceedings pending against the User that could have material adverse effect on their ability to fulfill and meet their obligations under this Agreement.
21.3. The User commits to ensuring continuous compliance with all regulatory requirements relevant to their business and to the fulfillment of this Agreement. This includes, but is not limited to, adherence to intellectual property rights, value-added tax (VAT), and any other statutory or legal obligations. The User further declares and confirms that they have fulfilled and will continue to discharge all their obligations to relevant statutory authorities.
21.4. The User agrees that appropriate disclaimers and Terms of use on the Platform shall be placed by the Company.
21.5. Care Providers affirm, represent, and guarantee that both themselves and any individuals acting on their behalf, including employees, agents, suppliers, contractors, and subcontractors, possess the necessary qualifications, expertise, licenses, certifications and insurance as mandated by the relevant laws and regulations in the jurisdiction(s) where they offer their Care Services. Furthermore, Care Providers agree that any individuals acting on their behalf, including employees, agents, suppliers, contractors, and subcontractors shall be bound by the Terms of this Agreement.
22.1. The Company explicitly disclaims responsibility for the conduct, whether occurring offline or online, of any User utilizing the Platform or Services. Furthermore, the Company disclaims any liability associated with the use of information made available through Our Platform.
22.2. The User agrees to defend, indemnify, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, and agents from and against any and all taxes, losses, damages, liabilities, costs, and expenses, including but not limited to attorneys’ fees and other legal expenses. This indemnification extends to claims arising directly or indirectly from or in connection with:
22.2.1. Any negligent, reckless or intentionally wrongful act of the User or User’s assistants, employees, contractors or agents
22.2.2. A determination by a court or agency that the Care Provider is not an independent contractor
22.2.3. Any breach by the User or User’s assistants, employees, contractors or agents of any of the covenants contained in the Terms
22.2.4. Any failure of the User to perform the services or abide by the Terms
22.2.5. Arising out of or relating to User’s performance of his obligations hereunder, including but not limited to acts or omissions of the Client or the Care Provider or anyone the Care Provider has engaged to perform any portions of the Care Provider services
22.2.6. In connection with any claim by a third party (including an intellectual property claim) arising out of
22.2.6.1. Materials and content submitted, posted or transmitted through the Platform
22.2.6.2. Use of the Platform or Services by you in violation of these Terms or in violation of any applicable law
22.2.6.3. Any relationship or agreement formed with a Client or Care Provider using the Platform or its Services.
22.3. Users further agree that they will cooperate as reasonably required in the defense of such claims. The Company and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of the Company.
22.4. This clause shall survive the termination or expiration of this Agreement.
23.1. You expressly hereby release and waive all claims against the Company and its employees, subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners (hereinafter collectively referred to as “Released Parties”), from any and all liability for claims, damages (whether actual and/or consequential), costs and expenses including but not limited to litigation costs and attorneys' fees, of every kind and nature, arising from or in any way related to Your use of the Platform. This release encompasses all matters arising from or in any way related to Your use of the Platform.
23.2. You acknowledge and understand that any fact related to any matter covered by this release may, in the future, be found to be other than what is currently believed to be true. You explicitly accept and assume the risk associated with such potential differences in fact.
23.3. Additionally, You expressly waive and relinquish any and all rights and benefits that You may have under any other state or federal statute or common law principles of similar effect, to the fullest extent permitted by law.
24.1. Incidental Damages and Aggregate Liability
24.1.1. In no event will the Company be liable for any indirect, special, incidental, or consequential damages, losses, or expenses arising out of or relating to the use or inability to use the Platform or Services. This includes, without limitation, damages related to any information received from the Platform, removal of content from the Platform (including profile information), any email distributed to any User, any linked website or use thereof, or inability to use by any party. It also applies to any connection with the termination of Your subscription or ability to access the Platform or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure, even if the Company or its representatives have been advised of the possibility of such damages, losses, or expenses. UNDER NO CIRCUMSTANCES WILL COMPANY’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID GOINSTACARE FOR THE USE OF ANY SERVICES, THE AMOUNT OF $10.00.
24.2. No Liability for non-GoInstaCare Actions
24.2.1. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE PLATFORM OR ANY AGREEMENT OR RELATIONSHIP FORMED USING THE PLATFORM OR CARE SERVICES. THIS INCLUDES, WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE PLATFORM OR TRANSMITTED TO OR BY ANY USERS. IT ALSO INCLUDES ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE PLATFORM, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES, OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
24.3. Professional Advice Disclaimer
24.3.1. In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Platform is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Platform. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
25.1. Non-Disclosure of Personal Information
25.1.1. Obligation of Care Provider: The Care Provider hereby agrees and undertakes not to disclose medical or any Personal Information of the Client or Care Recipient on any social media platform, website, or any other public forum, or discuss with anyone without the explicit and written consent of the Client or Care Recipient or their authorized representative.
25.1.2. Personal Information Definition: For the purposes of this clause, “Personal Information” includes but is not limited to the Client’s or Care Recipient’s name, photographs, contact information, address, medical history, or any other information that could reasonably identify the Client or the Care Recipient.
25.2. Confidentiality Obligations for Care Provider
25.2.1. Duty of Confidentiality: The Care Provider acknowledges that they have access to sensitive and private information about the Client and the Care Recipient during the course of providing Care Services. The Care Provider agrees to treat all such information with the utmost confidentiality and not to disclose or use it for any purpose other than providing Care Services, except as required by law.
25.2.2. Authorized Disclosure: In cases where the Care Provider believes that disclosing information is necessary for the well-being or safety of the Client or Care Recipient, they must seek written consent from the Client or Care Recipient or their authorized representative before any disclosure except in cases of immediate danger where necessary actions should be taken to protect the Client or Care Recipient without delay.
25.3 Confidentiality and Non-Disclosure for Client
25.3.1. Duty of Confidentiality: Client and Care Recipient hereby acknowledge and agree not to disclose, share, or divulge any of their own personal information, including but not limited to medications, or any other sensitive or private information, during the course of receiving Care Services.
25.3.2. Responsibility for Self-Information: Client and Care Recipient acknowledge and agree that they are solely responsible for ensuring the confidentiality of their own personal information and for refraining from sharing such information.
25.4. Consequences of Breach
25.4.1 Breach of Confidentiality: Any breach of this confidentiality and breach clause by the Care Provider shall be considered a material breach of this agreement, subjecting the Care Provider to legal consequences, including but not limited to termination of the Care Provider relationship with the platform and potential legal action.
25.4.2. Liability: The Care Provider acknowledges that they may be held legally liable for any harm, damage, or distress caused to the Client or Care Recipient or their authorized representatives or their property as a result of the breach of this confidentiality and privacy clause.
25.5. Duration of Obligation
25.5.1. Duration: The obligation under this confidentiality and privacy clause shall remain in effect during the term of the Care Provider and Client’s relationship and shall survive its termination or expiration.
25.6. Limitation of the Company’s Liability: The Company shall not be held responsible or liable for any actions, omissions, or breaches of confidentiality committed by the Care Provider or Client or Care Recipient, including but not limited to the disclosure, sharing, or posting of Client’s or Care Recipient’s personal information on any social media platform, website, or any other public forum or Client or Care Recipient sharing any such information.
26.1. By accessing and using Our Platform, You hereby consent to electronic communication with the Company and agree to receive electronic delivery of notices, documents, or products, which may include information that is subject to protection under the Health Insurance Portability and Accountability Act (“HIPPA”).
26.2. You acknowledge and agree that the Company may communicate with You electronically through various electronic communication channels, including but not limited to :
26.3. You consent to receiving notices, documents, or products electronically from the Company through the aforementioned channels. These electronic communications may pertain to a variety of matters, including account information, healthcare-related information, and other notifications relevant to Your use of the Platform.
26.4. You further agree to regularly monitor Your Platform’s account, alerts, and messages, as well as the email account including spam and/or junk folder associated with Your Platform’s account. This diligence is essential to staying informed about important notices and critical information concerning Your account, as well as any updates or changes that may impact Your interaction with the Platform.
27.1. The information and materials contained on the Platform, including text, graphics, information, links, or other items are provided "as is," "as available." Furthermore, opinions, advice, statements, offers, or other information or content made available through the User Content, but not directly by the Platform, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
27.2. The Company
27.2.1. Does not warrant the accuracy, adequacy, or completeness of this information and materials.
27.2.2. Does not adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by a party other than the Company.
27.2.3. Does not warrant that Your use of the Platform or Services will be secure, free from computer viruses, uninterrupted, always available, error-free, or will meet your requirements, or that any defects in the Services will be corrected.
27.2.4. Does not give any warranties of fitness for a particular purpose or non-infringement of third-party rights.
27.3. To the extent permitted by applicable law, the Company expressly excludes all conditions, warranties, and other terms which might otherwise be implied by statute, common law, or the law of equity and disclaims liability for errors or omissions in this information and materials.
27.4. In addition, and without foregoing, the Company makes no representation or warranties of any kind, whether express or implied, regarding the suitability of any User of Our Platform to provide services as a Care Provider or to employ the services of a Care Provider.
28.1. Arbitration. In consideration of User’s relationship with the Company, the Company’s promise to arbitrate all disputes related to User’s use of the Platform and Services, and User’s receipt of the compensation, at present and in the future, the User agrees that any and all controversies, claims, or disputes with anyone (including the Company, and any employee, officer, director, shareholder, or affiliate) arising out of, relating to, or resulting from User’s use of the Platform and Services, including Care Services, including any breach of this Agreement, shall be subject to binding arbitration under the Federal Arbitration Act (The “FAA”). The FAA’s substantive and procedural rules shall govern and apply to this arbitration agreement with full force and effect, and any state court of competent jurisdiction may stay proceedings pending arbitration or compel arbitration in the same manner as a federal court under the FAA. User further agrees that, to the fullest extent permitted by law, User may bring such arbitration proceedings only in User’s individual capacity, and not as a plaintiff, representative or class member in any purported class, collective or representative lawsuit or proceeding. User agrees to arbitrate any and all common law and/or statutory claims under local, state, or federal law, including, but not limited to, claims relating to employment status, classification and relationship with the company, and claims of contract, except as prohibited by law. User also agrees to arbitrate (except as prohibited by law) any and all disputes arising out of or relating to the interpretation or application of this agreement to arbitrate, but not disputes about the enforceability, revocability or validity of this Agreement to arbitrate or any portion hereof. With respect to all such claims and disputes that User agrees to arbitrate, User hereby expressly agrees to waive, and does waive, any right to a trial by jury. User further understands that this agreement to arbitrate also applies to any disputes that the Company may have with User. User understands that nothing in this Agreement requires User to arbitrate claims that cannot be arbitrated under applicable law, such as claims under the Sarbanes-Oxley Act. Similarly, nothing in this Agreement prohibits User from engaging in protected activity, as set forth below.
28.2. Procedure. User agrees that any arbitration will be administered by jams, pursuant to its employment arbitration rules & procedures (the “Jams Rules”), which are available at https://www.jamsadr.com/rules-employment-Arbitration/. Consultant agrees that the use of the Jams Rules does not change User’s classification to that of an employee. To the contrary, User reaffirms that User is an independent contractor. User agrees that the arbitrator shall have the power to decide any motions brought by any party to the arbitration, including motions for summary judgment and/or adjudication, and motions to dismiss, applying the standards set forth under the Texas rules of Civil Procedure. User agrees that the arbitrator shall issue a written decision on the merits. User also agrees that the arbitrator shall have the power to award any remedies available under applicable law, and that the arbitrator may award attorneys’ fees and costs to the prevailing party, where permitted by applicable law. Consultant agrees that the decree or award rendered by the Arbitrator may be entered as a final and binding judgment in any court having jurisdiction thereof. User agrees that the arbitrator shall administer and conduct any arbitration in accordance with Texas law, including the Texas rules of Civil Procedure and the Texas rules of Evidence, and that the arbitrator shall apply substantive and procedural Texas law to any dispute or claim, without reference to rules of conflict-of-law. User agrees that any arbitration under this Agreement shall be conducted in Williamson county, Texas.
28.3. Remedy. Except as provided by the FAA or this Agreement, arbitration shall be the sole, exclusive, and final remedy for any dispute between User and the Company. Accordingly, except as provided for by the FAA or this Agreement, neither User nor the Company will be permitted to pursue or participate in a court action regarding claims that are subject to arbitration.
28.3.1. Administrative Relief. User understands that this Agreement does not prohibit User from pursuing an administrative claim with a local, State, or federal administrative body or government agency that is authorized to enforce or administer laws related to employment, including, but not limited to, the Texas workforce commission, the equal employment opportunity commission, the National labor relations board, the securities and exchange commission, or the Workers’ compensation board. This agreement does, however, preclude User from pursuing a court action regarding any such claim, except as permitted by law.
28.3.2. Voluntary Nature of Agreement. User acknowledges and agrees that User is executing this Agreement voluntarily and without any duress or undue influence by the Company or anyone else. User further acknowledges and agrees that User has carefully read this agreement and that User has asked any questions needed for User to understand the Terms, consequences, and binding effect of this Agreement and fully understands it, including that User is waiving consultant’s right to a jury trial. Finally, User agrees that User has been provided an opportunity to seek the advice of an attorney of User’s choice before signing this agreement.
29.1. Governing Law; Consent to Personal Jurisdiction. With the exception of the arbitration requirements set forth in Arbitration Section 27 herein that are governed by the FAA, this Agreement shall be governed by the laws of the State of Texas, without regard to the conflicts of law provisions of any jurisdiction. To the extent that any lawsuit is permitted under this Agreement, the Parties expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Texas for any lawsuit.
29.2. Class Action Waiver. User agrees that any disputes or claims arising out of or relating to this Agreement, the use of the Services, or any other aspect of the relationship between You and the Company shall be resolved on an individual basis and not in any class, consolidated, or representative action. User waives the right to bring or participate in any class action, class arbitration, private attorney general action, or any other proceeding in which any party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of the Company. If this class action waiver is found to be enforceable or void for any reason, then the entirety of the arbitration provision shall be null and void. The parties agree that any claim or dispute that would have been subject to arbitration shall be brought exclusively as stated in Section 28.1 of this Agreement.
29.3. Assignability. This Agreement will be binding upon User’s heirs, executors, assigns, administrators, and the Care Recipients and other legal representatives, and will be for the benefit of the Company, its successors, and its assigns. Except as may otherwise be provided in this Agreement, User may not sell, assign, delegate any rights or obligations under this Agreement. Notwithstanding anything to the contrary herein, Company may assign this Agreement and its rights and obligations under this Agreement to any successor to all or substantially all of Company’s relevant assets, whether by merger, consolidation, reorganization, reincorporation, sale of assets or stock, change of control or otherwise.
29.4. Entire Agreement. This Agreement constitutes the entire Agreement and understanding between the User and Company with respect to the subject matter herein and supersedes all prior written and oral agreements, discussions, or representations between the User and Company. User represents and warrants that User is not relying on any statement or representation not contained in this Agreement. To the extent of conflict with these Terms and other terms, the Terms of this Agreement shall control unless otherwise expressly agreed by the Company and User.
29.5. Severability. If a court or other body of competent jurisdiction finds, or the User and Company mutually believe, any provision of this Agreement, or portion thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.
29.6. Notices. Any notice or communication required or permitted by this Agreement to be given to a party shall be in writing and shall be deemed given (i) if delivered personally or by a commercial messenger or courier services, (ii) when sent by email (so long as such email is not returned as undelivered), (iii) if mailed by U.S. registered or certified mail (return receipt requests), to the party at the Party’s address mentioned below or at such other address as the party may have previously specified by like notice. If by mail, delivery shall be deemed effective three business days after mailing in accordance with this Section. If by email, delivery shall be deemed effective as of the date it is sent.
29.6.1. If to the Company, to: 8585 Spicewood Springs Road #627, Austin, TX 78759, or by email at support@GoInstaCare.com.
29.6.2. If to the User, the address provided by the User during the registration of the account with the Platform, or by User’s email address.
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