Carepass® Term of Use
Last modified: April 5, 2018
Nature of Use
Limitation of Liability
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
notice, so you should review it periodically.
By using the Company’s App and related services, you agree to be bound by
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.
NATURE OF USE
What we do
: The App provides a venue for Licensed Child Care Centers
("CP Care Provider" or "Provider" or "Child Care Center")
to connect with people who want to use their child care services . The Company is not a referral, matching or placement
service and does not provide, refer, place, offer to seek to obtain
employment or engagement for any of its Users.
Parents Account/Profile Information:
When you install, register with, access, or use the App, parents must
create an account with the Company through the App or through
third-party account verification, such as Facebook. Third-party account
verification is optional and not required by the Company. The Company
does require that you at some point either during or after the account
creation to provide the Company with your cell phone number. Your cell
phone number is vital to the operation of the services the App
provides. Once a Parent has created an account through the App or
third-party account verification, the parent then must create a "Child
Profile" for any and all children they want to book care for. The Child
Profile contains the following fields and can be edited at any time: a
photo of the child, the first name and last name of the child, gender
of the child, birth date of the child, allergies of the child, any food
restrictions of the child, any activity restrictions of the child,
likes, and dislikes of the child, and any medical documentation of the
child. Also, note that some of these fields may be required in order to
proceed to book care for a child through the App.
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.
information in connection with your App registration or account creation
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.
Accuracy of Parents Account/Profile Information:
Parents you are responsible, including without limitation for the
accuracy, completeness, and ability to use the information that has
been imputed onto the App. A failure to provide accurate and complete
information would be solely your responsibility. It would also be
solely your responsibility to have authorization to use other people
information, such as friends, and relatives.
No Responsibility to Cross-Check Information Provided on the App:
The Company has no obligation to screen or verify the identity or
background of any Users. The Company does not screen or verify the
training or experience of any of the CP Care Providers or CP
Caretakers, or any content submitted by a User or anyone other than the
Company ("Users Content"), including but not limited
to User Profiles and/or Reviews. The Company has no control over the
accuracy, reliability, completeness or timeliness of Profiles, Reviews,
background check information, affiliations or other User Content
submitted on the App, and makes no representations about any such User
Content on the App.
No Representations are Being Made:
The Company makes no further representations about the Child Care
Centers, including but not limited to the Licensed Child Care Centers’
Caretakers. You should make your own assessment of the person you
decide to interact with, engage or accept services from.
The Company is not an Employment Service
: The Company is not an employment service and does not serve as an
employer of any User, such as Child Care Centers or Child Care Centers’
The Company is an independent service provider to both Parents and
Licensed Child Care Centers, and as such only functioning as an
intermediary between these Users.
As such, Users are solely responsible (and the Company is not
responsible), for any tax, withholding or reporting, including, but not
limited to, unemployment insurance, social security oy payroll
withholding tax or income reporting in connection with any services
provided by Users. You understand and agree that if the Company is
found to be liable for any tax, withholding tax or reporting obligation
in connection with any services provided or received by you, then you
will immediately reimburse and indemnify the Company for all cost,
expenses, and liabilities (including any interest and penalties)
relating to the same.
You may download the content of the App only for your personal and
noncommercial use. Your account is for your own personal use, and you
may not permit anyone else to use your account. The App is intended to
be used by parents who want to find, select, receive child care
services from, and review CP Care Providers, as well as connect with
other Users so they can receive, provide, or share information about
Child Care Centers. Any use of this App for any other purpose,
(including but not limited to using the App or information obtained
from the App to solicit, advertise to or contact Users for other
purpose) is prohibited.
Uses of other Users:
You may from time to time receive Personal Information of another User.
For example, upon confirmation of a booking, Users may be provided with
each other’s contact information. Any Personal information you receive
may only be used for the specific purpose it was provided to you in
connection with the App and Services. The Child Care Centers may not
contact Parents, and Parents may not contact Child Care Centers for any
purpose other than asking a question, providing information or making
arrangement related to a booking on the App.
In order to book care for a child though the Company’s App, the Parent
must have a credit or debit card on file. Your credit or debit card
will be charged the full amount of the booking the moment your child
has been checked out. Once the child has been checked out of the Child
Care Center, you will receive an email with a detailed receipt of the
services rendered by the Child Care Center and the Company’s fees.
See Payment Terms for further pricing breakdown of services.
The Company charges a $1.50 nonrefundable "booking fee" from you any
time you book care for your child through our App.
The booking fee can be refunded only if the Child Care Center
cancels or declines the booking.
At the conclusion of the booking, we take a 10% fee from the services
provided by the Child Care Center.
Avoidance of Booking Fee:
You may not use the App’s booking platform for the purpose of avoiding
the obligation to pay fees related to the Company’s provision of the
Child Care Center’s Rights:
CP Provider or Provider or Child Care Center or their employees
reserve the right to decline or cancel a booking at any time for
any reason. CP Provider or Provider or Child Care Center or their
employees reserve the right to require you to sign documents upon
your arrival at CP Provider or Provider or Child Care Center’s
Only Legal Use of the App:
You agree to use this App and its services only for legal and permitted
purposes, and you agree that you will not upload, transfer, post, or
email any illegal, offensive, pornographic, obscene, defamatory,
libelous, slanderous, confidential, private, or distasteful material.
You further agree not to stalk or harass other users of the App.
Authorized Use of Intellectual Property:
You agree that any content you provide to the App or other users is
your own content and does not violate any copyrights, trademarks, trade
secrets, trade names, patents, or other intellectual property rights.
You understand that the Company does not monitor all of the App’s users
or all the content that users provide to the website or to other users,
but the Company reserves the right to delete, modify, or erase material
in its sole discretion.
Safety of the App:
You agree not to upload or transmit intentionally any computer viruses,
worms, trojan horses, or other malicious code to the App or to any of
the App’s users. You agree not to hack into or intentionally upload any
malicious code to the Company’s App, or intentionally transmit such
things to other users.
The Company DOES NOT Engage in advertising; Religious
the Company does not directly or indirectly, for itself or for other
Users publish, post, broadcast, by any means, maintain, circulate,
issue, display, transmit, or otherwise disseminate or place in any
manner before the public with reference to an establishment any
advertisement that the patronage of any person is not welcome, or is
objectionable, or is not acceptable because of a person’s religion.
If you do not agree or unable to agree to be bound by these Terms of
Services, do not use the App.
If you download, register with or use the App, we may ask you to provide
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
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).
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.
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
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.
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.
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
practices, contact us at:
400 NW 26th Street
Miami, FL 33127
For technical support contact us at firstname.lastname@example.org
For further information about our services contact us at email@example.com