Terms of service.
Last updated: July 10, 2020
These Terms of Use (these Terms) govern your use of services of Apiari LLC (Apiari, we or us) available through our website located at https://theapiari.com (such website and related content, the Website). The Website and the Company provide an online platform for customers to choose, schedule and manage Services (the Services) provided by third party care providers (the Care Providers) under independent contractor agreement with the Company or its affiliates.
1. SERVICES
Apiari enables you to book vetted Care Providers based on your preferences and needs. We use information you provide on our Website to match you to one or more Care Providers, and to provide the Care Providers you book with relevant information for each session. We may communicate relevant information about you to your Care Providers via text, email or phone call. Please review our Privacy Statement on our Website, which is incorporated into these Terms by reference, for more details.
2. SCHEDULING; CANCELLATION
2.1 After you enter your preferences, we will share with you profiles of the Care Providers that meet your requirements. You can request to book the Care Providers via text, email or our Website, and will be notified once a Care Provider accepts your request.
2.2 You can reschedule, reduce, or cancel any Services with at least 24 hours’ notice at no charge. If you reschedule, reduce or cancel a service within 24 hours’ notice, we will charge the lower of (a) $50 or (b) actual fees for the Service had it not been canceled, reduced or rescheduled.
3. PAYMENT TERMS
This Section 3 applies only to clients who make payments through Apiari.
3.1 There is no fee for registering with Apiari. Amounts due for Services in any given week will be pre-authorized to your credit card prior to the start of the week, and will be charged to your credit card at the end of the week. For recurring services booked more than a week in advance, you will only be charged for the week’s service at the end of each week. Any amounts to be pre-authorized or charged for the Services will be notified to you via email on each Saturday. It is your responsibility to promptly notify us of any discrepancies between actual amounts due and amounts shown in the emails. Any reductions in hours booked are subject to our late cancellation and rescheduling policy set out in Section 2.2 above. If you are paying by cash, check or wire transfer, amounts due for Services in any given week will be due at the start of the week.
3.2 You authorize us to hold your credit card information on file, and to charge you for any late cancellations, extended Services and recurring Services according to these Terms.
3.3 Your payments will be processed by one or more third-party payment processors (the Payment Processors), which will link Apiari to your credit card account. Our current Payment Processors are Stripe and Square, and your payments are processed by Stripe (https://stripe.com/us/legal) and Square (https://squareup.com/legal/ua) in accordance with their respective Terms of Service and Privacy Policy. We do not control, and are not liable for, the security or performance of the Payment Processors. In connection with your use of the Services, Apiari will obtain certain transaction details, which it will use solely in accordance with the Privacy Policy. Any payments by cash, check or wire transfer will be made to the account(s) stated in our invoices.
3.4 You are responsible for notifying Apiari of any need to extend, shorten or cancel your scheduled session in advance of the session (subject to our late cancellation policy set out in Section 2.2 above). If your extension is confirmed by us, we will charge you at the same rate as your ongoing session. If you fail to notify us or if we are unable to extend your session, and your Care Provider is unable to leave your home or such other designated premises at the scheduled time due to your actions or inactions, you will be charged a fee of $45 for each 15 minutes of delay. You hereby authorize the Payment Processor to charge your credit card on file for any extension of scheduled Services (whether requested or otherwise) pursuant to this Section 3.4.
3.5 Gift certificates and gift cards for Services may not be returned, refunded, or redeemed for cash.To redeem a gift card, recipients need to enter “Gift card” under Apiari’s promo code section upon signing on with Apiari. Gift cards and gift certificates issued by Apiari do not expire.
4. CONDUCT
You acknowledge and agree that you will, and will cause your family to, conduct yourself (and themselves) in an orderly manner and in full compliance with applicable laws, and will treat the Care Providers with due respect, and that you will not, and will cause your family members not to: (a) physically harm, threaten to harm, or intentionally or recklessly cause harm to our Care Providers or create a condition that endangers the health and safety of our Care Providers; (ii) make or attempt any unwanted sexual advance or statement to any Care Provider; (iii) threaten, harass, stalk, intimidate, or engage in any other aggressive or bullying behavior against any Care Provider; (iv) use any vulgar or obscene language or otherwise engage in behavior that is likely to make others feel uncomfortable, embarrassed or offended; or (v) engage in any behavior that discriminates against any Care Provider because of the individual’s race, color, sex, age, national origin, handicap, sexual orientation or religion. Any breach of the terms of this Section 4 entitles Apiari to terminate your Account and access and use of the Services without penalty.
5. MARKETPLACE FEE
This section applies only with respect to Care Providers first introduced or recommended to you by Apiari.
We have invested significant resources in finding and vetting Care Providers, and making their profiles available in the Apiari marketplace. Care providers pay Apiari a fee for using Apiari, and we do not charge you any fees additional to a Care Provider’s hourly rate for accessing our marketplace.
If you hire or book a Care Provider directly, you will notify us and pay a marketplace fee of $500 upon hiring or booking such Care Provider off the Apiari platform. You acknowledge that this fee is a reasonable representation of damages suffered by us.
6. LICENSES AND RESTRICTIONS
6.1 You acknowledge and agree that (a) Care Providers are not permitted to solicit work directly from you , (b) you will not directly contact any Care Provider in respect of Services, unless such Care Provider was known to you other than through the Apiari, and (c) if you intend to directly engage any Care Provider, you will first contact Apiari. You acknowledge and agree that Apiari provides a valuable service in introducing Care Providers to you and, should you decide to directly engage any Care Providers first known to you via Apiari, you will be charged a commission mutually agreed between you and Apiari.
6.2 By accessing or using our website, you agree that you will not:
(a) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Website, or Apiari’s trademark, logo or any other intellectual property (collectively, the Apiari IP);
(b) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Apiari IP except to the extent such restrictions are expressly prohibited by applicable law;
(c) 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 Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website 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 materials);
(d) without the Apiari’s express consent, copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means; or
(e) use the Apiari IP for any illegal or unlawful purpose.
Any unauthorized use of the Apiari IP terminates the licenses granted by Apiari pursuant to the Terms.
7. NO WARRANTY
7.1 You expressly acknowledge and agree that your use of the Website and Services is at your sole risk. Apiari hereby disclaims all warranties and conditions with respect to the Services, the Website, the Services and the Care Providers. No information or advice given by Apiari, any of its directors, officers, employees, representatives or agents (collectively, the Relevant Persons) or any Care Providers shall create a warranty. To the fullest extent permitted by applicable law, none of the Relevant Persons shall be liable to you for any costs, expenses or losses incurred by you, except to the extent that such costs, expenses or losses are determined by a court of competent jurisdiction (from which no further appeal may be taken) to be attributable to such Relevant Persons’ fraud, wilful misconduct, or gross negligence.
7.2 You acknowledge and agree that if any part of a Care Provider’s services are unsatisfactory, your sole recourse is against the Care Provider, and not Apiari.
7.3 You acknowledge that none of our Care Providers are permitted to provide medical advice as part of the Services.
8. LIMITATION OF LIABILITY; INDEMNIFICATION
8.1 To the fullest extent permitted by applicable law, in no event shall Apiari be liable for any incidental, special, punitive, indirect of consequential damages related to your use or inability to use any of the Website or Services, any information available on our Website, or from any communications or other interactions with the Care Providers, regardless of the theory of liability. In no event shall Apiari’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amounts paid by you to Apiari in the twelve (12) month period immediately preceding the applicable event giving rise to such damage.
8.2 Care Providers are solely responsible for their provision of Services.
8.3 You agree to indemnify, defend, release, and hold harmless the Relevant Persons from all damages, losses and expenses arising directly or indirectly from (a) any negligent acts, omissions or willful misconduct by you, (b) any breach of these Terms by you, and/or (c) your violation of any law or of any rights of any third party.
8.4 Apiari reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Apiari in asserting any available defenses.
8.5 You hereby release the Relevant Parties and their successors from claims to the extent permissible by applicable law, of all demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is related to or arises from your use of the Website or Services, including but not limited to, any interactions with or conduct of the Care Providers.
8.6 You hereby agree that if these Terms are not specifically enforced, Company will be irreparably damaged, and therefore you agree that Company shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect to any of these Terms, in addition to any other available remedies.
9. ARBITRATION; APPLICABLE LAW
9.1 You agree and acknowledge that, by accepting these Terms, you and the Company are each waiving the right to trial by jury or to participate in a class action. You and the Company agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.
9.2 The laws of the State of New York, excluding its conflicts of laws rules that would result in the laws of a State other than New York, govern this license and your use of the Website and Services.
9.3 Except for a claim by Company against you, any dispute, claim, difference or controversy arising out of, relating to or having any connection with these Terms, including any dispute as to its existence, validity, interpretation, performance, breach or termination or the consequences of its nullity and any dispute relating to any non-contractual obligations arising out of or in connection with it (a Dispute), shall be referred to and finally resolved by arbitration under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the Rules) of the American Arbitration Association (the AAA).
10. MISCELLANEOUS
10.1 Changes to Terms. We may modify these Terms of Service from time to time. When changes are made, we will make the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. Your use of the Website or the Services after such posting will constitute acceptance by you of such changes
10.2 Termination. The Company may cancel, suspend or block your use of the Website or Services without notice if there has been a violation of these Terms. Your right to use the Website will end once your registration is terminated. The Company is not responsible or liable for any records or information that is made unavailable to you as a result of your termination of registration. The Company shall not be liable to you or any other party for any termination of your access to the Website. Sections 5, 6, 7 and 8 shall survive the termination of these Terms or your registration.