Our TERMS OF SERVICE

These Terms of Use (these Terms or this Agreement) govern your use of services of Apiari LLC (the Company, 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 a platform for customers to choose, schedule and manage in-home services for families (the Family Services) provided by third party care providers, cleaners, meal delivery services and other service providers (the Care Providers) under agreement with the Company or its affiliates. As used in this Agreement, the term “Service” refers only to the Website and its related content, and does not include any of the Family Service. You acknowledge that the Company does not provide Family Services.

1.   REGISTRATION

1.1   In registering for the Services, you represent and warrant that all information you provide to us is true, accurate, current, and complete, and agree that you will promptly update such information via email to hello@theapiari.com or call us at 212-381-9687 to keep it accurate, current, and complete. Please review the Privacy Statement on our Website, which is incorporated into these Terms by reference.

1.2   Prior to commencement of the Family Services, you will schedule a 30-minute orientation with us at your home or another location mutually agreed by you and the orientation representative. Any orientation meetings will be deemed to be a part of the Family Services.  Except with your prior written consent, such orientation meeting will be given free of charge to you.  

2.   SCHEDULING; CANCELLATION

2.1   Upon registration, you may purchase one or more Family Services or a combination thereof (a Package) on the Website. You may call us at 212-381-9687 or email us at hello@theapiari.com to scheduleFamily Services. With respect to in-home services, each Family Service requested by you is matched by the Service to one or more available Care Providers. We will notify you once a Care Provider has confirmed availability for the scheduled time(s). No scheduled Family Services are confirmed until your payment has been processed pursuant to Section 3 and you have received a confirmation email from us of the scheduled Family Services.  

2.2 We will notify you at least 24 hours in advance of the Care Provider selected for you, and will promptly notify you of any changes thereof. 

2.3   We will notify you if no Care Providers are available to accept a request for Family Services, and you may reschedule for such Family Services at no extra cost.

2.4   Subject to Section 5.4 with respect to purchased meals, you can reschedule any Family Services with at least 48 hours' notice at no charge. If you reschedule a service within 48 hours’ notice, we will charge 50% of the fees paid for such Family Services.

2.5   You can cancel any Family Services (a) with at least 2 weeks’ notice and receive a full refund, (b) with at least 1 week’s notice and receive a 50% refund, or (c) with at least 48 hours’ notice and receive a 25% refund. 

2.6   Subject to Section 2.5, any Packages for Family Services are fully refundable within 14 days of purchase.

2.7   All Family Services (including Packages) must be used within 180 days of purchase. Any Family Services that are not used within 180 days of purchase will expire and be deemed cancelled without refund. Such 180-day period shall be extended for any period of time during which no Care Provider is available to accept a request for Family Services.

2.8 To the extent permitted by applicable law, we reserve the right to deny or terminate service to any of you at our discretion.  

3.   PAYMENT TERMS

3.1 There is no charge for registering with Company. You are only charged upon purchase of each Family Service or Package.  

3.2   You acknowledge and agree that the Company will hold your credit card information on file, and that you will be charged for any extended Family Services (whether requested or otherwise), as set forth in Section 3.5.

3.3   Your payments will be processed by a third-party payment processor (the Payment Processor), which will link the Company to your credit card account. Our current Payment Processor is Stripe, and your payments are processed by Stripe in accordance with Stripe’sTerms of Service and Privacy Policy. We do not control, and are not liable for, the security or performance of the Payment Processor.  In connection with your use of the Services, the Company will obtain certain transaction details, which it will use solely in accordance with the Privacy Policy. 

3.4   At present the Company does not process any medical insurance claims, nor will any of the Family Services providers process any claims on your behalf. If any of the Family Service you receive from any provider through the Website is covered by your insurance, you shall be solely responsible for contacting your insurance company to determine coverage and submit a claim. You are responsible for the full fee (and for paying the fee in advance) regardless of whether you later are able to receive reimbursement from your insurance company for part or all of the cost.

3.5 The prices on our Website for Family Services are only applicable to services that you have scheduled in advance. If, during the performance of a scheduled Parents Service, you would like your Care Provider to work beyond the scheduled time, and if your Care Provider is available to do so, your Care Provider will provide you with an Extension of Services Agreement, which will set out the terms of the requested extension. Unless stated otherwise in the Extension of Services Agreement, the applicable price of any extended Parents Services will be the same as the original scheduled Services. If 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 Family Services (whether requested or otherwise) pursuant to this Section 3.5.  

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 the Company to terminate your Account and access and use of the Service and Family Services without penalty.  

5.   MEALS

5.1   You acknowledge and agree that any meals ordered via the Website may contain substitutions depending on seasonality and availability of the applicable ingredients. Any substitutions will be set out in the labelling of the applicable meal.

5.2   We cannot guarantee that every meals ordered via the Website will arrive within the timeframe we give you upon your purchase. In particular, in the case of inclement weather or other events beyond our control, we reserve the right to cancel your meal delivery issue you a credit or refund of the purchase price for that meal. If a meal arrives early or late, you agree that you will still accept the meal and release us from all liability for any loss, damage, or inconvenience that you encounter as a result of early or late delivery.

5.3 Some meals may be packaged using insulated packaging and gel ice packs. We recommend that you plan in advance for any meal delivery to ensure proper storage and refrigeration prior to consumption. You are responsible for inspecting meals purchase via the Website for any spoilage, damage or other issues upon delivery and we recommend that you immediately refrigerate all perishable ingredients as needed. The condition and consumption of meals ordered via the Website is solely at your risk, and you are solely responsible for the appropriate and safe washing, handling, preparation, storage, cooking, use and consumption of meals following delivery.

5.4   All purchased meals are refundable with at least seven days’ notice. However, we reserve the right to cancel your order due to unforeseen circumstances, and will refund any payment you may already have remitted to 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 Family Services, unless such Care Provider was known to you other than through the Services, and (c) if you intend to directly engage any Care Provider, you will first contact the Company. You acknowledge and agree that the Company 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 the Services, you will be charged a commission mutually agreed between you and the Company.

6.2   By accessing or using the Services, you agree that you will not:

(a)    license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Website, or the Company’s trademark, logo or any other intellectual property (collectively, the Company IP);

(b)    modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Company 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 Company’s express consent, copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means; or

(e)   use the Company IP for any illegal or unlawful purpose.

Any unauthorized use of the Company IP terminates the licenses granted by the Company pursuant to the Terms.

7.   NO WARRANTY

7.1 You expressly acknowledge and agree that your use of the Service and Family Services is at your sole risk. The Company hereby disclaims all warranties and conditions with respect to the Services, the Website, the Service, the Family Services and the Care Providers. No information or advice given by the Company, 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 the Company.

7.3   You acknowledge that none of our Care Providers are permitted to provide medical advice as part of the Family Services. 

8.     LIMITATION OF LIABILITY; INDEMNIFICATION

8.1   To the fullest extent permitted by applicable law, in no event shall the Company be liable for any incidental, special, punitive, indirect of consequential damages related to your use or inability to use any of the Services or Family 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 Company’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 Company 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 Family 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) your use of the Company Properties, (c) any breach of these Terms by you, and/or (d) your violation of any law or of any rights of any third party.

8.4   The Company 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 the Company in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Company Properties. 

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 Services or Family 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 entering into this Agreement, 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 Service. 

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 this Agreement, 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 Site 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 Service without notice if there has been a violation of these Terms. Your right to use the Service 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 Service.  Sections 6, 7, 8 and 9 shall survive the termination of these Terms or your registration.  

10.3   Severability

Any provision hereof which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof and without affecting the validity or enforceability of any provision in any other jurisdiction.