OUR TERMS OF SERVICE

Last updated: Jan 26, 2018

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 (the In-Home Services) provided by third party care providers, cleaners, housekeepers, night nurses and other service providers (the Care Providers) under agreement with the Company or its affiliates.  

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 In-Home Services, you can schedule a 30-minute consultation with us by phone.  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 In-Home Services. Each In-Home Service requested by you is matched by us 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 In-Home Services are confirmed until your payment has been processed pursuant to Section 3 and you have received confirmation of your payment.  

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 In-Home Services, and you may reschedule for such In-Home Services.

2.4   You can reschedule or cancel any In-Home Services with at least 48 hours' notice at no charge. If you reschedule or cancel a service within 48 hours’ notice, we will charge 50% of the fees paid for such In-Home Services.

2.5   Any gift certificates for In-Home Services must be used within 1-year of purchase. Any gift certificates that are not used within 1 year of purchase will expire and be deemed cancelled without refund. Such 1-year period shall be extended for any period of time during which no Care Provider is available to accept a request for In-Home Services.

2.6 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 In-Home Service.  

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 In-Home Services (whether requested or otherwise), as set forth in Section 3.5.

3.3   Your payments will be processed by one or more third-party payment processors (the Payment Processors), which will link the Company to your credit card account. Our current Payment Processors are Square and Quickbooks, and your payments are processed by Square or Quickbooks 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, 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 In-Home Services providers process any claims on your behalf. If any of the In-Home 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  You are responsible for notifying Apiari of any need to extend your scheduled 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 In-Home 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 In-Home Services without penalty.

5. DIRECT PLACEMENT FEE

We have invested significant resources in recruiting and vetting Care Providers. In the event that, within a year after In-Home Services are provided to you by a Care Provider, you hire, employ or otherwise engage the services of such Care Provider, you will notify us and pay a placement fee equal to $4,500 per Care Provider. 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 In-Home 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 In-Home Services is at your sole risk. The Company hereby disclaims all warranties and conditions with respect to the Services, the Website, the Service, the In-Home 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 In-Home 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 In-Home 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 In-Home 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 In-Home 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 5, 6, 7 and 8 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.