Carepass Term of Use

Last modified: April 5, 2018

  1. Nature of Use
  2. General Provisions
  3. Eligibility
  4. Disputes
  5. Limitation of Liability
  6. Indemnification
  7. Changes in Our Terms of Use
  8. Contact Information

This App is operated and maintained by Carepass, Inc. ("the Company" or "We" or "Us"). The Company provides this App to Parents and/or Guardians ("You" or "Your" or "User"), subject to the terms and conditions stated in this Terms of Use. The Company may change these Terms of Use from time to time, without notice, so you should review it periodically. By using the Company’s App and related services, you agree to be bound by these Terms of Use and any changes to it.

The Term of Use is operative and binds all Users of the United States and any Foreign Nation that install, register with, access, or use the App.

  1. NATURE OF USE


In a section of the App, the "Profile Menu," parents can create profiles for relatives and friends who are pre-authorized to pick up their children on their behalf. At check-out, a caretaker cannot successfully complete the checkout process without first selecting the exact person from the Authorized Pickup List that has come for the child.

Your information will be used in accordance with the Company’s Privacy Policy. You are responsible for providing accurate, current, and complete information in connection with your App registration or account creation process.

Parents as users of the App, you are responsible for maintaining the confidentiality of your password and account login, and you are solely responsible for the activities that occur under your password or account.

  1. GENERAL PROVISION

















If you do not agree or unable to agree to be bound by these Terms of Services, do not use the App.

  1. ELIGIBILITY

If you download, register with or use the App, we may ask you to provide information:

  1. Minimum age: You are an individual at least 13 years of age.

The Company as of the date the Term of Use is released, the App does not require Parents to provide their age. However, the App is not intended for children under 13 years of age. See the section on Children Under the Age of 13 stated on the PRIVACY POLICY. Also, note that even though the Company does not intend to limit the use of Parents between the ages of 13 and the age of majority in the state in which you reside, the Company’s App is mainly directed for the use of Parents that meet at least the age of majority in the state in which they reside.


Furthermore, in order to enter into contract with the Company, Users must be at least the majority age recognized in the relevant state to enter into a legally binding contracts.

THE COMPANY HAS NO OBLIGATION TO CONDUCT BACKGROUND OR VERTIFICATION CHECKS ON CHILD CARE CENTERS. However, we reserve the right to conduct such check and/or to verify Child Care Centers’ account and registration information and the representation and warranties they have made, which may include, without limitation, our using third-party service providers to conduct criminal background checks or identity verification checks, or to perform other background or verification services, and using available public records, such as federal or state records, as well as information available on online social networks, and other online sources, each to the extent permitted by law.

PARENTS AGREE TO RELEASE THE COMPANY AND THE COMPANY’S AFFILIATED PARTIES FROM ANY CLAIMS REGARDING ANY MISSTATEMENTS AND MISREPRESENTATIONS MADE BY ANY LICENSED CHILD CARE CENTERS ON THIS APP. ("affiliated Parties" mean the Company’s officers, directors, members, agents, assignees, representatives, marketing partners, licensors, independent contractors, and employees).

  1. DISPUTES

If any dispute or disagreement arises between a Parent and a Child Care Center relating to the services provided by the Child Care Center, the Parent and the Child Care Center are responsible for resolving any such dispute directly with each other. The Company will not be a party to any such dispute, and the Company will not be obligated to take any action towards the dispute. However, in the event that the Company becomes involved in such dispute, or litigation should ensue, the governing law and jurisdictional law should be Florida’s law.

If any dispute or disagreement arises between a Parent and the Company relating to the services provided by the Company or about any payment made by or due from the Parent, should be resolved by alternative dispute resolution, such as either mediation or arbitration with the governing jurisdictional law being Florida’s law.


  1. LIMITATION OF LIABILITY


IN NO EVENT WILL THE COMPANY OR ITS AFFILIATED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF RELATING TO THE CONDUCT OF YOU—PARENT--OR LICENSED CHILD CARE CENTER OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE APP OR SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM (1) INTERACTIONS WITH OTHER USERS OF THE APP, WHETHER ONLINE OR OFFLINE, (2) YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE APP OR TRANSMITTED TO OR BY ANY USER OR THE APP OR SERVICES, AND (3) REVIEWS OR COMMENTS MADE ABOUT YOU ON THE APP BY OTHER USERS.


ALSO NOTE, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATED PARTIES BE LIABLE OF INTERACTIONS AND CONDUCT THAT TRANSPIRE IN THE LICENSED CHILD CARE CENTERS TOWARDS THE CARE OF A CHILD, INLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, PHYSICAL AND/OR EMOTIONAL ABUSE, MOLESTATION, NEGLECT, STRUCTURAL DAMAGES, FIRES, NATURAL DISASTERS, SICKNESS AND/OR DISEASES, FOOD POISONING.


  1. INDEMNIFICATION


You agree to indemnify, defend and hold harmless the Company and its Affiliated Parties from and against any and all claims, losses, expenses, demands or liability, including attorneys’ fees and cost incurred by the Company and its Affiliated Parties in connection with any claim by a third-party (including intellectual property claims arising out of (1) your use or misuse of, or inability to use, the App or Services, (2) any materials and content you submit, post, or transmit through the App, (3) your violation of these Term of Services or your violation of any rights of a third-party, (4) your interaction with or conduct towards any other Users, (5) your violation of any application law, rules, regulation, (6) information contained in any background or verification report, regardless of whether ordered by a User or the Company. You agree that you will cooperate as reasonably requested by the Company in the defense of such claims. The Company 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.

  1. CHANGE IN OUR TERMS OF USE

We may update our Terms of Use from time to time. If we make material changes to our Terms and Conditions, we will post the new Terms of Use on this App.

The date the Terms of Use was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address and/or phone number for you and for periodically visiting this Terms of Use to check for any changes.

  1. CONTACT INFORMATION

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

MAILING ADDRESS:

CAREPASS, INC.

400 NW 26th Street

Miami, FL 33127

E-MAIL ADDRESS

For technical support contact us at support@carepass.co

For further information about our services contact us at info@carepass.co

PHONE NUMBER

844.522.9104