CareCrew Terms of Service

Effective Date: August 30, 2018

  

WELCOME TO CAREN

Welcome to Caren, an app by CareCrew ("us", "we", "ours")! Our products and services are provided by CareCrew Technologies Corp., located in Vancouver, British Columbia, Canada. We provide an online service to help organize, store, and manage information related to your care or the care of your grandparents, parents, other family members and loved ones (“Services”, the “Caren Services”) through our website, accessible at carenapp.com, or via applications for the iOS or Android operating systems (collectively, the “Site”). Please read carefully the following Terms of Service (“Terms”) and our Privacy Policy, which is incorporated by reference into these Terms.

You acknowledge and agree that, by accessing or using the Caren Services, or by downloading, uploading, or posting any content from or on the Site or through the Caren Services, you are indicating that you have read, and that you understand and agree to be bound by, these Terms, whether or not you have registered via the Site. If you do not agree to these Terms, then you have no right to access or use the Site or Caren Services. This agreement governs your use (and that of any person you invite or register to use the service).

The Service generally facilitates the coordination of visits and communication of information among a group of family members, friends and caregivers of a person receiving care.

As used in this Agreement:

A “CareRecipient” is the person receiving care;

A “CareCaptain” is the person (or persons) who administer a CareCircle and with the authorization of the CareRecipient, have the ability to invite individuals to join a CareCircle;

A “CareMember” is a family member or friend of a CareRecipient that has been invited by a CareCaptain to join a CareCircle;

A “CareGiver” is a hired care provider of a CareRecipient that has been invited by a CareCaptain to join a CareCircle; and

A “CareCircle” collectively includes a CareRecipient and all associated CareCaptains, CareMembers and CareGivers.

The following terms and conditions (“Terms and Conditions” or “Agreement”) govern your use of our website and mobile application and your use of our products, software, and services. Please read these Terms and Conditions carefully. Your use of our Site and Services constitutes your agreement to be bound by all terms. If you disagree with one or more of these terms or find them unacceptable in any way, please do not enter or use our Site or Services.

 

 

ENTIRE AGREEMENT

These Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding the Site and Caren Services. In the event that you have elected to access restricted portions of the Site or use additional Caren Services, which are subject to additional terms and conditions, any additional terms and conditions applicable to that portion of the Site or additional Caren Service are expressly included within these Terms as well.

 

 

GENERAL

The failure of CareCrew to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

 

 

AGREEMENT & CHANGES

We reserve the right, in its sole discretion, to change, modify, add to, supplement or delete any terms and conditions of this Agreement (including the Privacy Policy, which is incorporated into, a part of, and governed by this Agreement) at any time; provided, however, that we will use reasonable efforts to provide You with notification of any material changes (as determined in our sole and absolute discretion) by email, postal mail, website posting, pop-up screen, or in-service notice. You should visit this page whenever You use the Service to review this Agreement and learn if any terms have changed. We will also update the “Last Updated Date” at the top of these Terms. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Any use of our Site and Services after our publication of any such changes shall constitute your acceptance of the Terms and Conditions as modified. However, any Dispute that arose before the modification shall be governed by the Terms and Conditions (including the binding individual arbitration clause) that was in place when the Dispute arose.

 

 

LANGUAGE

The parties confirm that it is their wish that the Terms of Service, as well as any other documents relating to the Terms of Service, including notices, schedules and authorizations have been and shall be drawn up in the English language only. You should from time to time review these Terms of Service to understand the terms and conditions that apply to your use of the Services and Site.

 

 

LICENSE

We reserve the right to terminate Your access to the Service without notice if You violate this Agreement or for any reason at our discretion.

License Grant to You.

Subject to your compliance with these Terms, we grant to you a limited, revocable, non-exclusive, non-transferable license, without the right to sublicense, to:

1.    download and install the Application on compatible devices that you own and control and run such cop(ies) of the Application and;

2.    use the other aspects of the Site solely for your private, personal, non-commercial use.

Furthermore, with respect to any Application downloaded through the Apple App Store, Google Chrome Web Store, Google Play marketplace, or any similar store or marketplace (each, an "App Store" and references to an App Store include the corporate entity and its subsidiaries making such App Store available to you), you agree to comply with all applicable third party terms of the relevant App Store (e.g. Apple App Store's Usage Rules) (the "Usage Rules"). To the extent these Terms provide for usage rules that are less restrictive than or otherwise in conflict with the Usage Rules, the more restrictive term applies. We and our licensors and suppliers reserve all rights not expressly granted to you in these Terms.

Use of the Application.

You acknowledge and agree that the availability of the Application is dependent on the App Store from which you received the App. You acknowledge that this Agreement is between you and us and not with the App Store. We, not the App Store, is solely responsible for the App, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the App, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store's terms and policies) when using the App, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce them. If you are accessing the System via an Application on a device provided by Apple, Inc. ("Apple") or an Application obtained through the Apple App Store, the following shall apply:

1.    You will only use the Application in connection with an Apple device that you own or control;

2.    You acknowledge and agree that we are responsible for providing any maintenance and support services with respect to the Application and the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

3.    In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify the App Store, and the App Store may refund the purchase price for the Application to you; and to the maximum extent permitted by applicable law, the App Stores will not have any other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility;

4.    You acknowledge and agree that we, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application or your possession and/or use of that Application, including, but not limited to:

a.    product liability claims;

b.    any claim that the Application fails to conform to any applicable legal or regulatory requirement; and

c.    claims arising under consumer protection or similar legislation;

5.    You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, we, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

6.    You represent and warrant that you are not located in a country subject to a U.S. Government or Canadian Government embargo, or that has been designated by the U.S. Government or Canadian Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government or Canadian Government list of prohibited or restricted parties;

7.    Both you and us acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement (e.g., the App Store's terms and policies and the Usage Rules) which may affect or be affected by such use;

8.    Both you and we acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof; and

9.    We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.

 

 

NO MEDICAL ADVICE

IF YOU ARE HAVING A MEDICAL EMERGENCY, DIAL 911 IMMEDIATELY.

We do not provide any medical or pharmaceutical advice. We are not health care providers. As a result, the Caren Services are not intended to provide medical or pharmaceutical information or replace the advice of a healthcare professional. The Caren Services are solely designed to support, not replace, the relationship that exists with any physician, pharmacist and other healthcare professionals. What we do is provide a way for you to take control and manage health care data. We take both the protection of your private health information and your ability to control and access such information very seriously, and will only use and disclose your information in accordance with our Privacy Policy.

All data, information, text, graphics, links, and other material on the Site are provided as a convenience to our Site visitors. The information provided on our Site or through our Services is for general informational and educational purposes only. The information provided on our Site or Services is not intended to serve as medical or other professional advice and is not to be used for diagnosis or treatment of any condition or symptom.

You should never disregard professional advice or delay in seeking treatment based on the information contained on our Site or other websites linked to or from it or obtained through our Services.

 

 

RESTRICTED USE

You may use our Site or Services only to the extent that you obey all laws, rules, and regulations applicable to your use of our Site or Services.

Use Restrictions.

You agree that the use of the Services will be in a manner consistent with the Terms of Service and with all applicable laws and regulations, including but not limited to trade secret, copyright, trademark, and export control laws. You shall not, nor shall it permit or assist others:

1.    to abuse or fraudulently use the Services;

2.    to process or permit to be processed the data of any third party that is not expressly authorized herein to access and use the Services;

3.    to access, alter, or destroy any information of any customer of ours by any fraudulent means or device, or attempt to do so;

4.    encumber, lease, rent loan, sublicense, transfer, transport or otherwise distribute Caren Services.

Eligibility of Users.

You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the System is revoked where these Terms or use of the System is prohibited or to the extent offering, sale or provision of the System conflicts with any applicable law, rule or regulation.

Age Limitation.

Our Site and Services are intended and only suitable for individuals 18 years of age and above. Some of the content on our Site may not be appropriate for children. Children under the age of 18 are not permitted to use our Site or Services. We strongly recommend that children between the ages of 13 and 17 ask their parent’s or guardian’s permission before viewing our Site. We hereby disclaim all liability for use by individuals under the age of 18.

 

 

ACCOUNT

Your Account.

You agree not to create an Account or use the System if you have been previously removed or banned by us from any part of the System. We reserve the right in our sole discretion to suspend or terminate your Account and refuse any and all current or future use of the System (or any portion thereof) at any time for any reason. You agree that we will not be liable to you or to any third party for any suspension or termination of your Account or any refusal by us of any use of the System (or any portion thereof). You must provide accurate and complete information and keep your Account information updated. You shall not:

1.    select or use as a username a name of another person with the intent to impersonate that person;

2.    use as a username a name subject to any rights of a person other than you without appropriate authorization; or

3.    use, as a username, a name that is otherwise offensive, vulgar or obscene.

User Identities.

We do not attempt to confirm, and do not confirm, any user's purported identity. Users are responsible for determining the identity and suitability of others who users contact via the System. We are not responsible for any damage or harm resulting from interactions with any other user of the system, including users who are providers of products and services.

Account Security.

You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person's user account or registration information for the System without permission. You must notify us immediately of any change in your eligibility to use the System (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You can delete your Account, either directly or through a request made to one of our employees or affiliates. We care about the security of our users. While we work to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

Closing Your Account.

You may deactivate your Account with us at any time, for any reason (or no reason), and you do not have to give us notice.

Your Demise.

We pledge to protect the privacy of your data on the System will continue, even after your death or incapacity. If you wish to enable someone to have access to your Account after you are no longer able to provide them access, you need to implement a process for providing your Account information to them. We will not provide your Account information, or your data, to anyone, even next of kin, unless we determine that we are legally obligated to do so.

Profiles.

If you elect to invite a Caregiver to access your Profile(s), that Caregiver will receive an invitation to register with the Caren Services and will need to complete the account registration process to become a Member. In addition, any Caregiver that you invite to access your Profile(s) will have full access to all Profile Content within your Profile(s) as well as the ability to add, delete, distribute, download, and edit the same. Because of the sensitive and private nature of your health care and the health care of those loved ones on whose behalf you may be creating a Profile, we recommend that you protect the private and sensitive information contained within your Profile(s) and consider carefully whether to permit any Caregiver to access your Profiles. All Members are responsible for monitoring the Profile Content uploaded or added to their Profiles, whether uploaded by the Member, by a Caregiver, or by other third parties.

If you are creating a profile on behalf of another person, by accepting these terms you attest that you are authorized by that person to create a profile on their behalf. To the extent you take action on behalf of the person you are caring for, you also attest that you have valid legal authority to take that action on their behalf.

Please note that you, and not us, are responsible for maintaining and protecting all Profile Content. We will not be liable to you for any loss or corruption of your Profile Content, or for any costs or expenses associated with backing up or restoring any of your Profile Content.

Account Registration.

You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.

License Granted by Member.

By making available any Profile Content on or through the Caren Services, you hereby grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid up right and license to access, use, view, copy, adapt, reformat, and download, such Profile Content only on, through or by means of the Caren Services and for the limited purpose of making such Profile Content available to you and any Caregivers with whom you choose to share access to one or more of your Profiles via the Caren Services and as otherwise set forth in our Privacy Policy. In the event you do elect to make one or more Profile(s) and their corresponding Profile Content available to one or more Caregivers, you further grant us a right to sublicense the Profile Content to such Caregiver to allow access to and use of the same as permitted by the Caren Services. ALTHOUGH ANY CAREGIVER IS SUBJECT TO THESE TERMS AS A MEMBER, WE CANNOT CONTROL ANY USE OF PROFILE CONTENT BY ANY CAREGIVER AND YOU ARE SOLELY RESPONSIBLE FOR THE SAME AND ANY LIABILITY FOR SUCH ACCESS.

You acknowledge and agree that you are solely responsible for all Profile Content that you make available through the Caren Services. Accordingly, you represent and warrant that you either are the sole and exclusive owner of all Profile Content that you make available through the Caren Services or you have all rights, licenses, consents and releases from your loved one that are necessary to grant us the rights in such Profile Content. You also warrant that neither the Profile Content nor your posting, uploading, publication, submission, or transmittal of the Profile Content or our use of the Profile Content (or any portion thereof) on, through or by means of the Caren Services will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Licenses granted by CareCrew to CareCrew Content and Member Content

Subject to your compliance with the terms and conditions of these Terms, we grant you a limited, non-exclusive, non-transferable license to view, download, and print any CareCrew Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, download, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Caren Services or CareCrew Content, except as expressly permitted in these Terms.

In addition, if you are invited as a Caregiver to receive access to one or more Profile(s) by another Member(s) subject to your compliance with the terms and conditions of these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Profile Content to which you are granted access by another Member. You have no right to sublicense the license rights granted in this section. Unless otherwise agreed between you and the Member granting you access to such Profile Content, all Profile Content is deemed to be confidential and you may not publicly disclose, display, distribute, transmit, stream, broadcast or otherwise use or exploit any Profile Content for any purpose other than the lawful provision and assistance of the management of the personal health care of the individual to whom the Profile Content relates.

Monitoring of Customer’s Use

We reserve the right to internally monitor Customer’s usage of the Site and the Services. Any use of the Site or the Services by a Customer not specifically permitted under the Terms of Service is strictly prohibited and may result, at our discretion, in the suspension or termination of any outstanding Purchase Order(s) for such Customer.

 

 

 

INTELLECTUAL PROPERTY OWNERSHIP

Ownership

As between any Member and us, all Profile Content is and remains the sole and exclusive property of you as the Member. We do not own any Profile Content and our use of the same is subject to these Terms and our Privacy Policy.

Copyright Notice

You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from us. You may link to, view, download, use, display and print a single copy of the materials found on our Site and Services only for personal, noncommercial, and informational purposes as long as:

1.    you do not alter or modify the materials in any way;

2.    you include all applicable copyright, trademark and other notices and disclaimers; and

3.    you do not use the materials in a way that suggests an association with us or an affiliated entity. All such copies must include, at a minimum, the following copyright notice: “Copyright © [current year] CareCrew Technologies Corp. All rights reserved.” Any other use of the Site or the information contained here is strictly prohibited. We may terminate the above license at any time for any reason. If you breach any of these terms your license terminates immediately and automatically and without notice. Upon the termination of this license you must stop using this site, including all content, and return or destroy all copies, including electronic copies, of the content in your possession or control.

Proprietary Rights Ownership

You acknowledge that: (a) the Services and Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) CareCrew and/or third parties own all right, title and interest in and to the Services and Site and content that may be presented or accessed through the Services and Site, including without limitation all Intellectual Property Rights therein and thereto. You are being granted the limited license right to use the Services as contemplated in your Purchase Order and you hereby acknowledge that no title or ownership in the Services is being transferred or assigned and these Terms of Service should not be construed as a sale of any rights in the Services. All rights not specifically granted under these Terms of Service are reserved to us and our licensors. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

You agree that you will not, and will not allow any third party, to (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Services, Site, or our Technology, or content that may be presented or accessed through the Services or Site for any purpose, unless otherwise permitted by us; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Services or Site; or (iii) remove, obscure, or alter ours or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services or Site.

The content, arrangement and layout of the Site and Services including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and computer code are proprietary to us, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without our express permission. Any unauthorized use of the content, arrangement or layout of the Services or Site, computer code, images, logos, videos, audio or trademarks found in the Services or Site or any derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and we may take action accordingly.

The above paragraphs further apply to third party property used as part of the Site or Services, including but not limited to third party computer code. For the purposes of the present section, “computer code” includes source code, frameworks, script files, templates, modules, or any similar files, and related documentation.

Objectionable Content/Copyright Takedown

If You believe that Your rights have been violated by, or You otherwise object to, any posting, content or information on the Service, please contact us promptly so we can evaluate the claim and take appropriate action.

 

 

GENERAL PROHIBITIONS

You agree not to:

§  Impersonate or misrepresent your affiliation with any person or entity;

§  Violate any applicable law or regulation;

§  Collect or store any personally identifiable information, including any Profile Content and/or Personal Information (as defined in the Privacy Policy) from the Caren Services from other Members of the Caren Services without their express permission;

§  Post, upload, publish, submit, or transmit any Profile Content that: (i) infringes, misappropriates, or violates a third party’s privacy or any rights of publicity, or any patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

§  Use, display, mirror, or frame the Site, or any individual element within the Caren Services or CareCrew Content, or CareCrew’s name, any CareCrew trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without CareCrew’s express written consent;

§  Access, tamper with, or use restricted areas of the Site, CareCrew’s computer systems, or the technical delivery systems of CareCrew’s providers;

§  Attempt to probe, scan, or test the vulnerability of any CareCrew system or network or breach any security or authentication measures;

§  Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by CareCrew or any of CareCrew’s providers or any other third party (including another user) to protect the Site, Caren Services, CareCrew Content or Profile Content;

§  Attempt to access or search the Site, Caren Services, or CareCrew Content or download CareCrew Content or Profile Content from the Caren Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by CareCrew or other generally available third party web browsers;

§  Use the Caren Services or Site to send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;

§  Use any meta tags or other hidden text or metadata utilizing a CareCrew trademark, logo URL, or product name without CareCrew’s express written consent;

§  Use the Site, Caren Services, CareCrew Content or Profile Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;

§  Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Caren Services to send altered, deceptive or false source-identifying information;

§  Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Caren Services;

§  Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Caren Services; or

§  Encourage or enable any other individual to do any of the foregoing.

CareCrew will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. CareCrew may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

You acknowledge that CareCrew has no obligation to monitor your access to or use of the Site or Caren Services or to review or edit any Profile Content, but has the right to do so for the purpose of operating the Site and Caren Services, to ensure your compliance with these Terms, and to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

CareCrew reserves the right, at any time and without prior notice, to remove or disable access to any Profile Content that CareCrew, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or Caren Services.

Rules of Conduct.

You shall not (and shall not permit any third party to):

1.    use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from any web pages contained in the System (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the System for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such);

2.    recruit or otherwise solicit any user to join third-party services or websites that are competitive to us.

 

 

PAYMENT

Subscriptions Fees and Payments

Subscriptions.

Some Services is offered to You on a subscription basis.  In exchange for a periodic payment from You, You will have access to the Service to which You subscribed for a defined period of time. Unless You notify us of Your decision to terminate Your subscription, Your subscription will automatically renew at the end of each subscription term for the same period of time. When Your subscription automatically renews, Your payment method (e.g., a credit card) will be charged our then-current fees for the applicable subscription on Your designated billing date. In the event that we are unable to successfully charge You for Your subscription fees, for example, due to an expired credit card, Your subscription will be terminated effective as of Your designated billing date, unless You provide a new payment method prior to such termination. If Your subscription to the Service is billed through one of our partners (e.g., mobile carriers, or app stores such as, iTunes or Google Play) (each, a “Partner”), then Your billing date may be determined according to the Partner’s applicable policies. All payments processed by us must be made by an approved payment method, such as a credit card, which will be indicated at the time that You provide Your payment method. As between You and us, You are responsible for paying any amounts for Service billed to Your payment method by a Partner or third party who had access to Your payment method, whether or not such amounts were authorized by You. You agree to pay all fees and charges incurred in connection with Your account (including any applicable taxes) at the rates in effect when the charges were incurred. If We do not receive payment from Your payment method issuer or its agent, You agree to pay all amounts properly due upon our demand.  If You access or subscribe to the Service through a Partner (e.g., iTunes or Google Play), Your direct billing relationship will be with that Partner, not us, You should consult the terms of the applicable Partner for additional information about payments, and we expressly disclaim any responsibility or liability for the processing of any of these purchases by such Partners.  Your account may be deactivated without notice to You if payment is past due, regardless of the amount of money that You owe. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of Your Service subscription. Unless stated otherwise, prices exclude all applicable taxes.

Free Trials.

From time to time, we may offer You a free trial period during which You can use the Services for free for a limited period of time (a "Free Trial"), and pursuant to certain additional terms and conditions that will be communicated to You. We retain the sole discretion to determine Your eligibility for a Free Trial. Free Trials of the Service may require that You provide us or our Partner with a payment method prior to initiating the Free Trial. In such cases, You agree that if You have not cancelled Your subscription prior to the expiration of Your Free Trial, Your registered payment method may be automatically charged and Your subscription will begin on the first day after the expiration of Your Free Trial. If You do cancel Your subscription prior to the expiration of Your Free Trial, Your Free Trial will continue until its designated expiration, but Your registered payment method will not be charged. If Your Free Trial does not require You to provide us or our Partner a payment method, then You will lose Your free access to the Service at the expiration of the Free Trial unless You register for a subscription during the Free Trial, in which case, Your payment method will be charged and Your subscription to the Service will begin on the first day following the expiration of Your Free Trial.

Cancelling Service Subscription.

If You subscribe to the Service directly through us, You may cancel Your Service Subscription at any time by contacting us directly, or following the instructions available on the Site or mobile applications made available to You in connection with the Service. If You cancel Your subscription, You will still have access to the Service during any period for which You had previously paid and at which point Your subscription will end, and Your designated payment method will no longer be charged. If You are using the Service without a subscription, You may stop using them at any time. Neither us nor our Partners will provide You any refund or credit for any payment that You have made for the Service, unless required to do so by applicable law. In certain instances, if You subscribe to the Service through a Partner, You must contact the Partner to cancel Your subscription, as that Partner may have additional terms and conditions that govern Your termination.

No Refunds.

All subscription fees paid and charges made prior to termination of Your Service subscription are non-refundable, except as provided herein. Termination of Your subscription shall not relieve You of any obligations to pay accrued and outstanding charges.

Transactions.

The Site and certain basic services of CareCrew are free for Members. If you wish to purchase Services described or linked to on the Site (each such purchase, a “Transaction”), we will request certain information from you that is applicable to your Transaction, including, without limitation, credit card and other payment information. You understand that, if any such information is provided to us, then we shall treat any such information in the manner described in our Privacy Policy. By supplying such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. You agree to pay all charges incurred by you or any users of your membership account or credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You shall also be responsible for paying any applicable taxes relating to your purchases. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MECHANISM USED IN CONNECTION WITH ANY TRANSACTION.

We reserve the right to refuse service to you. Verification of information applicable to a purchase may be required prior to our acceptance of any order. Price and availability of any Service are subject to change without notice. We are not responsible for errors in the prices or descriptions of any Service. Refunds shall be subject to our refund policy in effect at the time of the applicable Transaction. Current rates for any Service available through the Site may be obtained by sending an email to support@carenapp.com.

Payments.

We use a third-party payment processor (the "Payment Processor") to allow you to pay for services purchased through the System. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to purchase services through the System, you agree to pay through the Payment Processor, all charges at the prices then in effect for your purchase in accordance with the applicable payment terms and you authorize us, via the applicable Payment Processor, to charge your chosen payment provider ("Payment Method"). Such charges for your purchase may include state and local sales tax. You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

Current Information Required.

You must provide current, complete and accurate information for your Payment Method. You must promptly update all information to keep your Payment Method current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us if your Payment Method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password.

 

 

CARRIER FEES

Network Access and Devices.

You are responsible for obtaining the data network access that may be necessary to use or access the Service.  Your mobile network’s data and messaging rates and fees may apply if the Service is accessed or used from a wireless-enabled device.  You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service.  We do not guarantee that the Service, inclusive of the Sites and Applications or any portions thereof, will function on any particular hardware or devices. In addition, the Service may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Text Messages.

We may send CareMembers, CareRecipients, and CareGivers SMS text messages in connection with the Services or otherwise. Receipt of the SMS text messages from us is voluntary. By deciding to receive SMS text messages from us, you give us express permission to send SMS text messages to your cellular phone and/or mobile device. Additionally, you hereby represent, understand, and expressly agree that we do not have control over or assume any responsibility for the quality, accuracy, or reliability of this Service. Carrier charges may apply for receiving SMS text messages. You are solely responsible for any costs you incur when receiving SMS text messages from us.

 

 

 

 

PRIVACY & SECURITY

Privacy and Protection of Personal Information.

We respect the privacy of visitors to and users of the Service. Information collected from You by us is subject to our Privacy Policy. Please see our Privacy Policy at https://carenapp.com/privacy/ for more information on the collection and use of Your information. You acknowledge and agree that our Privacy Policy, including, but not limited to, the manner in which we collect, use and disclose Your personally identifiable information and non-personally identifiable information, is incorporated into, made a part of, and governed by this Agreement. By accepting this Agreement, You agree to all of the terms of our Privacy Policy. You further agree to comply with all applicable laws with respect to all information You may receive from us.

Security.

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

You agree that we shall not, under any circumstances, be held responsible or liable for situations (i) where data or transmissions are accessed by third parties through illegal or illicit means, or (ii) where the data or transmissions are accessed through the exploitation of security gaps, weaknesses, or flaws unknown to us at the time or any other matter beyond its control. We will promptly report to Customer any unauthorized access to Customer Data promptly upon discovery by us, and we will use diligent efforts to promptly remedy any breach of security that permitted such unauthorized access. In the event notification to persons included in such Customer Data is required, Customer shall be solely responsible for any and all such notifications at its expense.

General Skills and Knowledge.

Notwithstanding anything to the contrary in the Terms of Service, Customer agrees that we are not prohibited from utilizing any skills or knowledge of a general nature acquired during the course of providing the Services, including information publicly known or available or that could reasonably be acquired in similar work performed for another customer of CareCrew.

Technical Data; Use of Anonymized Data and Privacy.

Customer recognizes and agrees that we will collect Customer Data information in order to operate effectively as well as to help provide updates and additional functionalities to our Technology. Some of Customer Data will be provided directly by Customer, other types of Customer Data are collected by observing how Customer will interact with our Technology. We also collect information that may be available from other sources and may be combined with the data collected in connection with this Agreement.

We may use anonymized and aggregated information gathered in connection with this Agreement and Customer Data it collects to improve the quality of our Technology and for marketing of our Technology. This aggregated information is not associated with any individual account and will not identify Customer or any of its customers. We will not disclose any Customer Data that is not anonymized.

Download Files and Email.

We cannot and do not guarantee or warrant that email or files available for downloading from its Site will be free of viruses or other code that may contaminate or destroy data on your computer. You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining a data back-up or other means for the reconstruction of any lost data. We do not assume any responsibility or risk for damage to your computer or its files related to your use of the Site or Services.

 

 

 

SOCIAL MEDIA

Social Media and Online Communities.

We may provide you opportunities to share information on third party social media sites or platforms such as Facebook, Instagram, LinkedIn, Twitter, Google+, YouTube or other similar sites (collectively, “Social Media Sites”). We may also provide you opportunities to participate in online communities on such Social Media Sites and may host discussion boards, chats, and other forums on our Site or Services. For example, you may use your Instagram handle and tag your photos and postings (“Tagged Content”) with hashtags that we may provide from time to time in order to submit your Tagged Content for potential use on our Site. If you post Tagged Content with hashtags as we may provide from time to time, your activity and participation is governed by these Terms and Conditions. Additionally, you remain responsible for your compliance with other applicable terms and conditions such as those of Instagram or other Social Media Sites. Without limitation of any other obligations, you agree that you will be respectful of others and their privacy and will not submit photos of others without their express permission.

If you participate in CareCrew online community, discussion board or other forum, you agree that anything you submit is being provided by you voluntarily, on a non-confidential basis, and without any compensation due to you and you grant us a perpetual, worldwide, royalty-free, transferable, and sub-licensable, right and license to use, copy, distribute, modify, create joint and derivative works, your content, postings and Tagged Content in any form or format. You further agree that (a) you will not post, transmit, or link to any material, websites, Tagged Content or other information or content that is libelous, defamatory, false, obscene, indecent, lewd, violent, abusive, threatening, harassing, discriminatory, or an expression of political or hate speech; (b) you may only post, upload or transmit photos or materials for which you have the copyright or other permission to distribute electronically citing the original source; (c) you may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights; (d) you agree that any Tagged Content or materials you post or upload will be owned by you or be in the public domain; (e) you may not intentionally post, create, upload or transmit any software or other material that contains a virus or other harmful code or device; (f) you may not solicit other users, or distribute advertising, for products or services through the Site, distribute chain letters or messages, mass mailings or bulk email or other bulk messages, or gather email addresses for the purpose of sending bulk email or other messages to other users of the Site; (g) if you choose to submit Tagged Content or post items in public or “chat” portions of the Site, such material, information, photographs, and other information you post in these public or group areas is available to the other individuals using the Site and we do not warrant, guarantee or otherwise take steps to prevent other users from copying, displaying, uploading, transmitting or otherwise using your material, information, photographs or other information for any purpose whatsoever; (h) you will always use caution in posting personally identifying information, and never exchange personal financial information, address, phone numbers or other personal information; (i) you will not post any material that violates any law or regulation; (j) you will not impersonate any other person or use the identity of some other living person; and (k) your postings will truthfully reflect your own experience.

Selection and Removal of Tagged Content.

We will review Tagged Content and select certain Tagged Content for posting on our Site; we make no guarantee that your Tagged Content will be posted. Notwithstanding the foregoing, you remain fully responsible and liable for your Tagged Content and its compliance with these Terms and Conditions, other applicable Terms and Conditions and applicable laws. If your Tagged Content is posted to our website, you may request removal of your Tagged Content by marking it as “private” in your Social Media Site account or by emailing us at support@carenapp.com.

Monitoring.

We have no obligation to monitor any related websites, chats, discussion boards or any other materials that you or third parties transmit or post on or to the Site or related websites, if any. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the Site, discussion boards, the chats, and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a chat or discussion board); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly, to protect ourselves, our sponsors, and our other clients and visitors, and to comply with legal obligations or governmental requests.

We reserve the right to, but shall not be obligated to, record any dialogue or exchanges in the CareCircles and/or Public Areas of the Service.  We shall have no responsibility for any actions taken, or failures to take action, with respect to the CareCircles and/or Public Areas of the Service or any Submissions.

 

 

THIRD PARTY

Links.

The Site may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources.

Other Services.

From time to time, we may present you with offers or promotions we believe to be helpful or relevant, which may be from us at CareCrew or they may be from third parties. Certain of these offers may require you to share or enter additional information about you or your loved one. You are responsible for managing the information you choose to share. We are providing the platform through which these services can be coordinated and managed, and although we do our best to select the highest quality third party partners and providers, we are not responsible for the choices you make to share your private information, or the accuracy or quality of such third party services. Furthermore, we are not liable or responsible for any dispute that arises between you and any third party.

We cannot guarantee that we can or will be able to maintain our relationship with any particular third party. We also are not responsible for any of the service levels, availability, or quality of any such connections with third parties, and disclaim any responsibility for errors or miscommunication with the same.

 

 

No Endorsement.

Any information provided to You by us as a result of Your participation in the Service is being provided to You solely for Your informational benefit. In creating the Content, including without limitation any comments, scheduling information and/or status updates, We may rely on third-party sources that we have not vetted.  Your reliance on the Service or the Content is at Your own risk. We do not endorse or warranty any facility, institution, service provider or other information that may be referenced on or through the Service.

No Partnership.

No agency, partnership, joint venture, or employment is created between Customer and us as a result of the Terms of Service, and Customer does not have any authority of any kind to bind us in any respect whatsoever.

No Rights of Third Parties.

This Agreement does not create rights enforceable by third parties.

 

 

FEEDBACK

No Support.

We are not required to provide any support for the Services. However, we may elect to provide an e-mail address for You to send any questions and/or comments regarding the Services.

Feedback.

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Caren Services (“Feedback”). You may submit Feedback by emailing us at support@carenapp.com, or via the Help and Feedback link on the Site. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose without any compensation to you of any kind.

Errors and Defects.

Customer agrees to notify us of any non-conformity, error, or defect of the Services promptly after Customer’s discovery of same.

If you have a question or complaint regarding the Site or Services provided to you by us please contact us at support@carenapp.com to receive further information regarding the Site or Services or to resolve the complaint.

 

 

TERMINATION

Termination and Account Cancellation

If you breach any of these Terms, we will have the right to suspend or disable your Account or terminate these Terms and disable access to your Profiles, including those Profiles to which you have been permitted access by other Members, at its sole discretion and without prior notice to you. We reserves the right to revoke your access to and use of the Site and Caren Services at any time, with or without cause. You may cancel your Account at any time by sending an email to support@carenapp.com.

We may terminate your Account or your access to all or any part of the System at any time, with or without cause, with or without notice, effective immediately, which may involve deletion of your data associated with your Account from our live databases.

Limitation of Liability

We have no liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your data.

Term and Termination

If we determine in its sole discretion that it is no longer feasible to support the Services, We may terminate these Terms of Service for end of life at any time by providing 180 days written notice to Customer.

So long as you have paid us all outstanding fees, upon your written request made within thirty (30) days after the termination of these Terms of Service, we will: deliver to you, as applicable, any Customer Data in our possession or control; or make available to you for download a file of Customer Data in a generally available format, as determined by us, acting reasonably.

After such thirty-(30-)day period, we will have no obligation to maintain or provide any Customer Data and we will, unless legally prohibited, delete or destroy all Customer Data in our systems or otherwise in our possession or under our control. At your written request, an officer of CareCrew will certify the delivery of and/or deletion or destruction of Customer Data following termination.

 

 

DISCLAIMERS, LIMITATIONS, WARRANTIES

Force Majeure.

Force majeure includes any act of God, war, mobilization, governmental regulation, strike, lockout, drought, flood, total or partial fire, obstruction of navigation, loss, damage or detention in transit, defective materials or delays by shippers, technological or infrastructure attack or degradation, or other contingences or causes beyond our control which might prevent the provision of, shipment or delivery of Services covered hereby. Performance of our obligations may be suspended pending force majeure, without us being responsible to Customer for any damages or losses resulting from such suspension.

Customer Representations & Warranties.

Customer represents, warrants and covenants that the performance of its obligations under the Terms of Service and the use of the Services (by Customer and its Authorized Users) will not violate any applicable laws or regulations.

In the event of any breach by Customer of any of the foregoing representations or warranties, in addition to any other remedies available at law or in equity, if the breach is not cured by Customer within 10 days of Customer’s receipt of written notice of the breach from us, we will have the right to suspend the Services until such breach is cured.

Limited Warranty.

We represent and warrant that the Services will: (i) conform to all material operational features as described in the applicable Purchase Order, and (ii) be free of errors and defects that materially affect the performance of such features (the “Limited Warranty”), provided that Customer notifies us, in writing, of any non-conformity, error, or defect. In addition to any other remedies available at law or equity, Customer’s remedy for breach of the Limited Warranty shall be correction of non-conforming Services at our expense.

Warranty Disclaimers.

CUSTOMER ACKNOWLEDGES AND AGREES THAT WE HAVE NO CONTROL OVER THE INTERNET, AND THAT WE ARE NOT LIABLE FOR THE DISCONTINUANCE OF OPERATION OF ANY PORTION OF THE INTERNET OR POSSIBLE REGULATION OF THE INTERNET WHICH MIGHT RESTRICT OR PROHIBIT THE OPERATION OF THE SERVICES.

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE AND SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SITE AND SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CARECREW CONTENT OR PROFILE CONTENT OBTAINED THROUGH THE CAREN SERVICES. PROFILE CONTENT IS SUBMITTED SOLELY BY MEMBERS AND WE HAVE NO RESPONSIBILITY OR LIABILITY FOR THE TRUTHFULNESS OR ACCURACY OF THE SAME.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE OR CAREN SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Your use of the System is solely at your own risk. If applicable law requires any warranties with respect to the System, all such warranties are limited in duration to ninety (90) days from the date of first use. No oral or written information or advice given by us or our authorized representatives will create a warranty. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Your Release of Us.

To the maximum extent permitted by applicable law, you hereby forever discharge and release us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to:

1.    the System

2.    any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the System' users' communications.

 

 

Survival.

All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement, including but not limited to indemnity and limitation of liability clauses, shall survive.

Indemnity.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CARECREW, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR ACCESS TO OR USE OF THE SITE, CAREN SERVICES, ANY CARECREW CONTENT OR ANY PROFILE CONTENT (WHETHER OR NOT IT IS A PROFILE YOU CREATED OR OTHERWISE), (II) ANY USE OF OUR SITE OR CAREN SERVICES FOR ANY UNLAWFUL OR INAPPROPRIATE CONDUCT, OR (III) ANY ACT OR OMISSION BY YOU THAT CONSTITUTES AN ACTUAL OR ALLEGED VIOLATION OF THESE TERMS.

ANY AFFILIATED CARECREW ENTITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES (COLLECTIVELY “CARECREW PARTIES”) FROM AND AGAINST ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS, SETTLEMENTS, COSTS, LOSSES, DAMAGES, TAX ASSESSMENTS, PENALTIES, INTEREST AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER CLAIM YOU MAY INCUR IN CONNECTION WITH YOUR USE OF OUR SITE AND SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS FOR DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY, COPYRIGHT OR TRADEMARK INFRINGEMENT RESULTING FROM YOUR SUBMISSIONS OF ANY CONTENT, TAGGED CONTENT OR OTHER MATERIALS, ANY ECONOMIC HARM, LOST PROFITS, DAMAGES TO BUSINESS, DATA OR COMPUTER SYSTEMS, OR ANY DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT OR RESULTING FROM ANY INTERRUPTIONS, WORK STOPPAGES, COMPUTER FAILURES, DELETION OF FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS OR MISTAKES OF ANY KIND, EVEN IF YOU HAVE PREVIOUSLY ADVISED US OF THE POSSIBILITY OF SUCH CLAIM.

Limitation of Liability.

NEITHER US NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR CAREN SERVICES (INCLUDING WITHOUT LIMITATION ANY PHARMACY ASSISTANCE) WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR CAREN SERVICES OR THE INABILITY TO USE OR ACCESS A PROFILE OR ANY SPECIFIC PROFILE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

THE LIABILITY OF CARECREW WILL NOT UNDER ANY CIRCUMSTANCES EXCEED THE TOTAL FEES PAID BY THE CUSTOMER FOR THE USE OF THE SERVICES IN THE TWELVE (12)-MONTH PERIOD LEADING UP TO THE DATE ANY SUCH LIABILITY ARISES AND IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY OR CONTINGENT DAMAGES OR COMMERCIAL LOSS OF ANY KIND (INCLUDING DAMAGES FOR LOSS OF PROFITS) ALLEGEDLY SUSTAINED BY CUSTOMER.

THE USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND ANY OF ITS SERVICE IS TO STOP USING THE SITE OR SERVICE. YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL ANY OF CARECREW PARTIES BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE OUR SITE AND SERVICES OR THE MATERIALS ON OUR SITE AND SERVICES. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. YOU ALSO HEREBY RELEASE FROM LIABILITY AND HOLD HARMLESS CARECREW, AND ANY OF OURS EMPLOYEES OR AGENTS AS RELATED TO TRANSPORTATION, WHETHER WHILE CAREGIVER IS DRIVING YOUR VEHICLE OR CAREGIVER’S OWN VEHICLE.

Statute of Limitations.

You and CareCrew both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement (including the Privacy Policy) must be filed within one (1) year after such claim or cause of action arose or will be forever barred.

 

 

 

GOVERNING LAW/DISPUTE RESOLUTION

Assignment.

You may not assign or transfer these Terms, by operation of law or otherwise, without CareCrew’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. CareCrew may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Governing Law/Waiver of Injunctive Relief.

To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), You and CareCrew agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send Your notice to: Blake, Cassels & Graydon LLP, 595 Burrard St, Vancouver, BC V7X 1L3

Mandatory Arbitration

If You and CareCrew are unable to resolve a Dispute through informal negotiations within thirty (30) days, either You or CareCrew may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

Notwithstanding the above, You and CareCrew agree that arbitration will be limited to the Dispute between CareCrew and You individually. To the full extent permitted by law, (a) no arbitration will be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

These Terms of Service shall be governed by and interpreted in accordance with the laws of the province of Quebec and the federal laws of Canada applicable therein, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Customer agrees that any action at law or in equity arising out of or relating to the Terms of Service or your use of the Services shall be filed and adjudicated only in the federal or provincial courts located in the Province of Québec (District of Montreal), and Customer hereby irrevocably and unconditionally consents and attorns to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of the Terms of Service or your relationship with CareCrew. The foregoing choice of jurisdiction and venue shall not prevent CareCrew from seeking injunctive relief with respect to a violation of intellectual property rights, enforcement or recognition of any award or order in any appropriate jurisdiction.

Binding Individual Arbitration.

You and CareCrew agree to arbitrate all Disputes. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST CARECREW. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).

Additional Rules for Non-appearance Based Arbitration.

If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.

Jurisdiction.

This Agreement is entered into and performed in the Province of British Columbia, Canada. It is governed by and shall be construed under the laws of British Columbia, exclusive of any choice of law or conflict of law provisions.

Requests for Information

If you contact CareCrew and request information about our programs or services, we will use your email or postal address to provide the information you requested. You agree that we may use and share information you provide us as described in our Privacy Policy.

Limitation on Time to Initiate a Dispute

Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.

Contact Us First.

If a dispute arises between you and us, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that you will notify us about any dispute you have with us regarding the System by emailing: support@carenapp.com.

Confidentiality.

No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability.

If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

Survival of Agreement.

This Arbitration Agreement will survive the termination of your relationship with us.

 

 

ADDITIONAL TERMS

Conflicting Terms

Anything on the Site inconsistent or in conflict with the terms of this Agreement is superseded by the terms of this Agreement.

Contacting CareCrew

Please contact us with any questions or concerns regarding this Agreement by e-mail at support@carenapp.com.