DEAREST TERMS OF SERVICE
Last updated: Feb 23rd, 2017
These Terms are subject to change by Dearest at any time. We will notify you about material changes in these Terms by sending a notice to the email address registered in your account, or by posting a notice on our Site, so that you can choose whether to continue using our Services. Material changes will go into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated Terms on our Site. You should periodically check www.community.dearest.io/terms for updates. Use of the Site or the Services after the effective date of any changes will constitute your acceptance of the changes. These Terms supersede all prior versions of the Terms.
Dearest operates an online platform and marketplace. We enable individuals and entities who provide educational care services ("Providers", “Provider”) to post profiles and availabilities on the Site, while we enable the Families seeking care (“Families”, “Family”) to view the profile and book the Providers. Dearest provides Families and Providers (collectively, “Users”, “User”) a way to connect and schedule childcare through features such as, but not limited to search, messaging, booking, payment, calendar, social networking, report, review, dashboard, and profile functions.
All content on the Site about the Users is submitted by a User (“User Content”), including profiles, education, experience, certifications, signature activities, and reviews. Based on request, we also provide photo shooting services, but the photos are reviewed and selected by the providers. Dearest has no control over the accuracy, completeness, or timelines of User Content submitted on the Site. Decisions around schedules, communications, services, and transactions are solely between the Users.
Dearest has no control over any aspect of the services provided by Providers including the quality, timing, legality, or failure to provide services. As such, all disputes around services and related issues between Users should be directly resolved without the involvement of Dearest and you agree to release Dearest from any claims or liability that may arise from any disputes or issues between Users. Dearest does not employ the Providers. Users are solely responsible for reporting and handling of any tax or income matter connected with any services provided by Providers. Our Services continue to develop and change. Please refer to our Site for further information about the Services we provide.
Dearest may offer eligible Providers access to benefits from third party service providers, including, but not limited to, those that offer access to insurance, background checks, and training. As independent contractors, the Providers will have the freedom to choose whether or not they want to opt for these benefits.
ELIGIBILITY TO USE THE SITE AND SERVICES
By using the Site, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions. You also represent and warrant that you meet the following eligibility criteria:
You must be at least twenty (20) years of age or older
Neither you nor any member of your household may have ever been (1) the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, neglect, fraud, abuse or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, or (2) registered, currently required to register as, or affiliated with a sex offender with any government entity.
If you are registering to be a Provider, you must have a right to legally work within the United States.
You must not be a competitor of Dearest or using our Services for reasons that are in competition with Dearest.
You are responsible for providing accurate, up to date, and complete information in connection with your registration for use of the Site and the Services.
You will register your account in your own legal name.
You are responsible for safe keeping of your password and login, and you are solely responsible for all activities that occur under your account.
Your account is for your own use, and you may not permit anyone else to use your account. The Site is intended to connect Families and Providers. Any use of this Site for any other purpose is prohibited.
You may receive personal information of another Users. Any personal information you receive may only be used for the specific purpose it was provided to you. Families may not contact Providers, and Providers may not contact Families, for any purpose other than asking a question, providing information, or making arrangements related to a booking made on Dearest platform.
You may not use the Site or Services, or information obtained from the Site or Services, for the purposes of circumventing the Site’s messaging tools and information, including for the purpose of avoiding the obligation to pay fees on Dearest.
During the time a Family has an account with the Site and for a period of twelve (12) months thereafter, the Family shall not on its own account or on behalf of any person or entity: (a) directly or indirectly solicit or recruit for employment, hire or otherwise seek to influence or engage Providers for related services; (b) directly or indirectly disclose or sell to any other person, or any entity, the names or addresses of any of the Providers. If a Family breaches this obligation, Dearest reserves the right to terminate the Family’s and/or Provider’s participation in the Site and reserves the right to collect money damages intended to compensate Providers.
During the time within which a Provider maintains an account with the Site and for a period of twelve (12) months thereafter, the Provider shall not on its own account or on behalf of any person or entity: (a) directly or indirectly, solicit or otherwise seek to influence or engage a Family to accept services that are not booked through the Site; or (b) directly or indirectly disclose to any other person, partnership, corporation or association, the names or addresses of any of the Families or other Providers. If a Provider breaches its obligations in this section, Dearest reserves the right to terminate the Provider’s or Family’s participation and reserves the right to collect money damages intended to compensate Providers.
You are solely responsible for any (“Content”) that you post on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content comes from Dearest where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to Dearest or to any other user of the Site.
Dearest has no obligation to monitor User Content on the Site. However, we may monitor at our discretion and remove any information and material for any reason.
You are not permitted to publish photos of children without written permission of the Family unless they are that person’s parent or legal guardian. We reserve the right to check that permission exists and/or to remove any photos on the Site.
You understand and agree that Dearest may, in its sole discretion, review, edit, and delete any Content on the Site.
Your use of the Services, including but not limited to the Content you post on the Site, must be in accordance with any and all applicable laws and regulations.
Dearest is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.
You agree that any messages, questions, suggestions, or other communications you send to us or share with us through any channel (including, without limitation, the Site, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of Dearest and we may use all such communications, all without notice to, consent from, or compensation to you.
You agree that Dearest has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. Dearest disclaims any liability for any misstatements and/or misrepresentations made by any Users of the Site. You hereby represent, understand and agree to hold Dearest harmless for any misstatements and/or misrepresentations made by or on behalf of them on this Site or in any other venue.
You assume all risk when using the Dearest Site and Services. You assume all risk for any online or offline interactions with Users of the Site. You agree that it is your responsibility to take reasonable precautions prior to engaging with any Users.
You are strictly prohibited from violating any of the Site’s security features including and without limitation, (1) accessing or attempting to access content not intended for you, or logging onto a server or account that you are not specifically authorized to access; (2) interfering with service to any user or disrupting users ability to access the Site including, without limitation, by means of malware, overloading, "flooding," "spamming," or "crashing;" (3) attempting to probe or test the vulnerability of the Site, or to breach security or authentication measures; (4) using the Site or Site feature or information provided by market participant to send unsolicited e-mail, promotions, or advertisements for products or services; (5) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (6) attempting to modify or reverse-engineer the source code used by Dearest in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.
BILLING AND PAYMENT
You also authorize Dearest, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the agreed amount. You agree that if Dearest already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services you purchase.
BOOKING AND FINANCIAL TERMS FOR PROVIDERS
If you are a Provider and a booking is requested via the Service (“Booking”, “Bookings”), you will be required to either pre-approve, confirm or reject the Booking request within the Booking request period, otherwise the Booking request will automatically expire. The Booking will only come through in the period that you have marked available on your calendar. Therefore, you would be expected to confirm the Bookings. If you have to reject, it will affect your acceptance rate indicated on your profile. When you confirm a Booking request, Dearest will send you a Communication confirming such Booking, depending on the selections you make via the Site, Application and Services.
Dearest Payments will collect the total Fees (“Fees”) from Families at the time of the Booking request or upon the Provider’s confirmation and will initiate payment in the pre-agreed manner.
Each Provider agrees that Dearest may, in accordance with the cancellation policy selected by the Provider, (1) permit the Families to cancel the Booking and (ii) refund Fees specified in the applicable cancellation policy.
If Providers cancel a confirmed Booking, you agree that Dearest may apply penalties or consequences to you or your service, including (1) publishing an automated review or and blocking your calendar for the time of the cancelled Booking, or (2) imposing a cancellation fee of $50 for all cancellations within 24 hours of Booking time. This money will only be used to compensate the Families affected and not for any other purposes.
BOOKING AND FINANCIAL TERMS FOR FAMILIES
The Providers, not Dearest, are solely responsible for honoring any confirmed Bookings made through the Services. If you choose to enter into a transaction with a Provider, you agree and understand that you will be required to enter into an agreement with the Provider and you agree to accept any terms, conditions, rules and restrictions associated with Service imposed by the Provider.
You acknowledge and agree that you, and not Dearest, will be responsible for performing the obligations of any such agreements, that Dearest is not a party to such agreements, and that Dearest disclaims all liability arising from or related to any such agreements.
The Fees payable will be displayed to a Families before they send a Booking request to a Provider. As noted above, the Provider is required to either pre approve, confirm or reject the Booking request within the Booking request period; otherwise, the requested Booking will be automatically cancelled. Upon receipt of your Booking request, Dearest Payments may initiate a pre-authorization and/or charge a nominal amount to your payment method. If a requested Booking is cancelled or not confirmed by the applicable Provider, any amounts collected by Dearest Payments will be refunded.
You agree to pay the total Fees for any Booking requested, and in most cases confirmed, in connection with your Dearest account. Dearest Payments will collect the Total Fees.
Once your confirmed Booking transaction is complete you will receive a confirmation communication summarizing your confirmed Booking. Families will have 24 hours to confirm fees or dispute any discrepancies. If the Family does not dispute the fees within this period then the Family agrees to pay for services.
Provider agrees that payment made by a Family through the Site, shall be considered the same as a payment made directly to the Provider. Dearest does not guarantee payments to Providers for payments that have not been successfully received by Dearest.
For the use of Dearest’s online marketplace and platform, we charge service fees. Dearest Payments deducts the service fees before remitting the balance to the Provider
If, as a Family, you wish to cancel a confirmed Booking made via the Sites, either prior to or after the Booking time, the cancellation policy of the Provider contained in the profile will apply to such cancellation. Our ability to refund the charges will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site.
If a Provider cancels a confirmed Booking made via the Sites, (i) Dearest Payments will refund the total Fees for such Booking to the applicable Family and (ii) the Family will receive a communication from Dearest about alternative Providers and other related information. If the Family requests a Booking from one of the alternative Provider and the Provider associated with such alternative Listing confirms the Family’s requested Booking, then the Family agrees to pay Dearest the Total Fees relating to the confirmed Booking for the Service by the Provider, in accordance with these Terms. If a Provider cancelled a confirmed Booking and you, as a Family, have not received a communication from Dearest, please contact us. (email@example.com)
In certain circumstances, Dearest may decide, in its sole discretion, that it is necessary to cancel a confirmed Booking made via the Site. Dearest may also determine, in its sole discretion, to refund to the Family part or all of the amounts charged to the Family in this case. You agree that Dearest and the relevant Family or Provider will not have any liability for such cancellations or refunds.
You as a Family or Provider are responsible for any modifications to a Booking that you direct Dearest Customer Service to make (“Booking Modifications“), and you agree to pay any Fees associated with such Booking Modifications.
All payments for Service are non-refundable and there are no refunds or credits for unused or partially used Service.
RESPONSIBILITY TO REPORT VIOLATIONS
You agree to promptly report any violation of these Terms of Service as well as any misconduct of any user immediately to firstname.lastname@example.org Any and all use of the Site and services must be in accordance with all applicable laws and regulations.
All content included as part of the Service, such as text, graphics, logos, images, software used on the Site, is the property of Dearest and protected by copyright or other laws that protect intellectual property and proprietary rights. You agree to abide by all copyright and other proprietary notices or other restrictions contained in any such content.
The service marks and trademarks “Next Gen Childcare” “Educational Childcare” and the Dearest logo are owned by Dearest. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. You agree to not copy or use these marks and trademarks, logos or trade names without the written permission of the owner.
CREDITS AND REWARDS
You may purchase or receive credits or rewards ("Credits", “Points”, “Rewards”) to be used where required to claim for gifts or Services. If you purchase Credits, you agree to pay Dearest the price indicated on the Site at the time you make your purchase. Credits have no monetary or cash value, and your purchase or receipt of Credits does not represent a pre-funding of stored value that can be accessed or used in the future for any purpose. Credits cannot be sold, transferred or exchanged for cash. You agree that all sales of Credits are final and non-refundable and you are not entitled to a refund of any unused Credits, including in the event that you close your account or your registration is terminated by us. Credits expire as described on the Site at the time you purchase or receive them.
Dearest may create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that Dearest establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (1) must be used for the intended audience and in compliance with the terms (2) may be disabled by Dearest at any time for any reason without liability; (3) are not valid for cash; and (4) may expire prior to your use.
Dearest may, at its sole discretion, for any reason, without notice terminate or suspend your access to the Site. Users may terminate or suspend their account at any time however any user content that you may have created may no longer be available.
THIRD PARTY VERIFICATION SERVICES
Dearest may use third-party services such as criminal background checks and social security number verification (“Third Party Services”) of Providers. Dearest does not and cannot endorse, have any control over, or make any representations regarding the quality, accuracy, completeness or reliability of the information provided by Third Party Services. Dearest retains the right, but has no obligation, to terminate your account based on the information.
THIRD PARTY SITES
The Site may include links or content from third party websites and applications as well as functionality to connect with other websites such as LinkedIn and Facebook. We do not control or endorse any third party sites and are not responsible for any content or service provided by such sites.
DISPUTE AND ISSUES
Any disputes, issues, or disagreements between Users relating to the services or payments agreed to or arranged through the Site are the sole responsibility of the Market Participants to resolve. Dearest is not responsible or obligated to resolve or take any action to remediate any such issue. At our sole discretion, we may mediate payment disputes between Market Participants but have no obligation to do so.
DISCLAIMER AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO WARRANTIES ARE AVAILABLE WITH RESPECT TO USERS, SERVICES OR THE SITE OR ANY INFORMATION CONTAINED ON THE SITE. ALL CONTENT IS PROVIDED “AS IS” AND "AS AVAILABLE." YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK.
DEAREST GRANTS NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT WILL DEAREST BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF YOUR USE OF THE SITE OR RELIANCE UPON CONTENT FROM THE SITE OR USERS.
DEAREST WILL NOT BE LIABLE FOR ANY CONTENT CREATED BY ANY USER TO THE SITE AND GRANT NO WARRANTIES AS SUCH. DEAREST MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, STATEMENTS, REVIEWS OR OTHER INFORMATION MADE AVAILABLE ON THE SITE OR THROUGH THE SERVICE BY USERS. NO WARRANTIES ARE AVAILABLE WITH RESPECT TO SERVICES ENGAGED THROUGH THE SITE. DEAREST MAKES NO CLAIMS OR PROMISES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR COMPLETENESS OF ANY INFORMATION ON THE SITE OR AVAILABLE THROUGH THE SERVICES. DEAREST, INC WILL NOT BE LIABLE FOR ANY DAMAGES, COSTS OR LOSSES ARISING AS A RESULT OF MODIFICATIONS MADE TO THE CONTENT BY YOU OR THE CONTEXT IN WHICH THE CONTENT IS USED BY YOU. DEAREST WILL NOT BE LIABLE FOR ANY DAMAGES AND MAKES NO WARRANTIES ABOUT CONNECTIVITY AND CONTINUED AVAILABLE OF THE SITE OR SERVICES.
YOU AGREE TO RELEASE DEAREST AND ITS AFFILIATED PARTIES FROM ANY CLAIMS, DEMANDS, DAMAGES, LIABILITY, COSTS OR EXPENSES, OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) USE OF THE SITE, (II) USE OF THE SERVICES, OR (III) ANY CLAIM OR CONTROVERSY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU AND OTHER USERS. THE TOTAL MAXIMUM AGGREGATE LIABILITY OF DEAREST ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITE WILL BE LIMITED TO AN AGGREGATE OF ONE HUNDRED U.S. DOLLARS ($100 USD).
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Dearest on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Dearest, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Uber by someone else.
If any provision in these terms is held to be invalid, void, or unenforceable, that provision will be stricken and the elimination of that provision will not affect the validity of and enforceability of the remaining provisions.
Users of this Site agree to indemnify, defend and hold harmless Dearest, Inc and its Affiliated Parties from and against any and all claims, losses, expenses, or demands of liability, including attorneys' fees and costs incurred by Dearest and its Affiliated Parties in connection with any claim by a third party (including an intellectual property claim) arising out of (i) your use or misuse of, or inability to use, the Site or Services, (ii) materials and content you submit, post or transmit through the Site, (iii) your violation of these Terms of Service or your violation of any rights of a third party, (iv) your interactions with or conduct towards any other Users, or (v) your violation of any applicable law, rules or regulations. Users agree to cooperate as reasonably requested by Dearest in the defense of such claims. Dearest and its Affiliated Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users.
Dearest will respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act (“DMCA”). Dearest may remove content that appears to infringe the intellectual property right to others and reserves the right to make this decision at its sole discretion.
If you believe any materials or content on the Site infringe on your copyright, you may request removal of those materials or content from the Site by contacting Us at email@example.com and by providing the following information: (i) description of the work, including a copy, location, URL and any such relevant information of the work, (ii) your name, address, telephone number, and e-mail address, (iii) any pertinent information to confirm the materials are not authorized, (iv) a statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf, and (v) a signature or the electronic equivalent from the copyright holder or authorized representative.
Applicable law: This Agreement will be governed in all respects by the laws of the State of New York, U.S.A., without reference to its laws relating to conflicts of law. For any such claim, cause of action or dispute, you agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, City and County of New York.