Last Updated: July, 2020
This Windermere Nannies App Consumer Agreement (the “Agreement”) is a legal agreement between you (including your heirs, assigns, and successors) (collectively, “you,” “your”) and Windermere Nannies LLC (collectively, “Windermere Nannies,” “we,” “our” or “us”) governing your use of Windermere Nannies’s consumer web-based application and/or mobile applications (collectively, the “Windermere Nannies App”). Please read this Agreement carefully. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE Windermere Nannies APP.
These Terms expressly supersede prior agreements or arrangements with you. Windermere Nannies may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. In this Agreement, the words “including” and “include” mean “including, but not limited to.”
We may amend the Terms related to the Services from time to time. Amendments will be effective upon our posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended
Windermere Nannies App
The Windermere Nannies App allows you to create one (1) universal consumer profile that enables you to perform aggregated searches, then schedule and pay for care services, including but not limited to child care, pet sitting, in-home non-medical elder care, tutoring, and domestic staffing services offered by us.
To make credit or debit card purchases from us using the Windermere Nannies App, you must complete the registration and open an account within the Windermere Nannies App (“Windermere Nannies App Account”). You do this by providing your first and last name, phone number, and email address, completing your phone number verification, and associating one (1) or more valid credit or debit cards with that Windermere Nannies App Account. You must provide accurate and up-to-date information. You are solely responsible for managing your Windermere Nannies App Account. Your Windermere Nannies App Account is non-transferrable and may not be sold, combined or otherwise shared with any third party. We reserve the right to suspend or terminate your Windermere Nannies App Account if you provide inaccurate, untrue, or incomplete information or if you attempt to use your Windermere Nannies App Account to engage in illegal or unethical activities.
Subject to your compliance with these Terms, Windermere Nannies grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Windermere Nannies and Windermere Nannies’ licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Sitter; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third-Party Services and Content
The Services and all rights therein are and shall remain our property or the property of our licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Windermere Nannies’s company names, logos, product and service names, trademarks or services marks.
By requesting to use, registering to use and/or using the Services, you represent and warrant that:
- if you are a Family: (i) you are an individual at least 18 years of age and at least the legal age of majority in the state in which you reside; and (ii) you and each member of your household (a) have/has never been convicted of, or is/are currently pending trial for, any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have/has not been and are/is not currently required to register as a sex offender with any government entity.
- if you are a Caregiver or Service Provider: (i) you are an individual at least 18 years of age; (ii) you have the legal right to work in the United States; and (iii) you (a) have/has never been convicted of, or is/are currently pending trial for, any felony or misdemeanor, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have/has not been and are/is not currently required to register as a sex offender with any government entity.
Windermere Nannies HAS NO OBLIGATION TO CONDUCT BACKGROUND OR VERIFICATION CHECKS ON ITS USERS. However, we reserve the right to conduct such checks and/or to verify your account and registration information and the representations and warranties you 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, including information available on online social networks and other online sources, each to the extent permitted by law. Windermere Nannies completes initial and ongoing background checks on our caregivers and service providers, with their consent but we always expect families to do their proper due diligence on any Caregiver or Service Provider as they are independent contractors working for the families.
USER AGREES TO RELEASE WINDERMERE NANNIES AND WINDERMERE NANNIES’S AFFILIATED PARTIES FROM ANY CLAIMS REGARDING ANY MISSTATEMENTS AND MISREPRESENTATIONS MADE BY ANY USERS OF THE SERVICES. (“Affiliated Parties” means Windermere Nannies’s officers, directors, members, agents, assignees, representatives, marketing partners, licensors, independent contractors and employees.)
Your Use of the Service
Personal Use Only and Conduct
Your Account is for your own personal use, and you may not permit anyone else to use your Account. The Services are intended to be used by people who want to schedule and pay/receive payment for care services from us. Any use of the Services for any other purpose, (including but not limited to using the Services or information obtained from the Services to solicit, advertise to or contact Users for any other purpose) is prohibited. You may not transmit any chain letters, junk or spam e-mail to other Users, or use any information obtained from the Services to harass, abuse or harm another person. To protect Users from such activity, we reserve the right to take appropriate actions, including, but not limited to, restricting the number of bookings that a User may submit through the Services in any 24-hour period, terminating Accounts or blocking users with certain IP addresses from accessing the Services.
You may from time to time receive personal information of another User. For example, upon confirmation of a booking, Users will be provided with each other’s contact information. Any personal information you receive, however, may only be used for the specific purpose it was provided to you in connection with the Services. Families may not contact Caregivers, Caregivers may not contact Families, for any purpose other than asking a question, providing information, or making arrangements related to a booking on the Application.
You may not use the Application or Services, or information obtained from the Application or Services, for the purposes of circumventing or attempting to circumvent our booking platform, including for the purpose of avoiding the obligation to pay fees related to Windermere Nannies’s provision of the Services.
Text Messaging and Push Notifications
By creating an Account, you agree that our Application and Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from us at any time by changing your notification settings in your Profile in the Windermere Nannies App. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services. We do not charge for sending text messages, but your carrier may charge you.
Users of Services may receive push notification alerts from Windermere Nannies. Upon creating an Account, you may opt-in or opt-out of receiving push notification alerts from Windermere Nannies. You may change those preferences at any time on your own mobile device (generally under the “Settings” and “Notifications” menu and then selecting the “Windermere Nannies” Application preferences).
User Provided Content
We may, in our sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to us through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services and other Users, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to us, you grant us a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and our business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant us the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor our use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Families and Caregivers have the opportunity to provide reviews about each other. Reviews should be limited to your firsthand experience (not what you heard from someone else) and should be factually accurate. You should avoid broad generalizations and exaggerations.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by us in its sole discretion, whether or not such material may be protected by law. We may, but shall not be obligated to, review, monitor, or remove User Content, at our sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
By Windermere Nannies
Windermere Nannies may, in its sole discretion, for any reason or no reason, with or without notice (i) terminate or suspend your Membership and/or your account and your access to the Application, and/or (ii) remove your profile and/or any User Content posted by or about you, from the Application. Unless otherwise decided by us, such termination, suspension, and/or removal will be effective immediately. Following any termination or suspension of any User’s Membership and/or account, we may send a notice of the termination or suspension to other Users you have corresponded with. If your account has been terminated by us, you may not re-register without our consent (and if you are permitted to re-register, your previous information and activity, including any fee credits, may no longer be available).
As a User, you may terminate your account at any time by contacting us at email@example.com. You may re-register at any time, but your previous information and activity, including any User Content you may have created, may no longer be available.
Effect of Termination
If your Windermere Nannies App Account is terminated for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using the Windermere Nannies App, (c) that the license provided under this Agreement shall end, (d) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (e) that Windermere Nannies, Inc. shall not be liable to you or any third party for termination of access to the Windermere Nannies App, or for deletion of your information or account data.
We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Windermere Nannies App, or in connection with any termination or suspension of the Windermere Nannies App. Any termination of this Agreement does not relieve you of any obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by you as provided in this Agreement.
Accepted Payment Methods
The Windermere Nannies App may allow you to make payments. Typically, these are card-based methods, including cards bearing the trademarks of Visa Inc., MasterCard International Inc., Discover Inc., and/or American Express Inc. (collectively, the “Networks”). Please note that not we do not accept all payment methods, including all card-based payment methods for caregiver wages. You can use the Windermere Nannies App to associate a US-issued credit or debit card with your profile. We may update at any time the list of payment methods that we accept.
Your Authorization for Purchases Made Through the Windermere Nannies App.
By associating a payment card with your Windermere Nannies App Account, searching for and reserving services in the Windermere Nannies App, and agreeing to pay for those services within the Windermere Nannies App, you are authorizing our third party payment processor, Stripe, Inc. (“Stripe”), to process your payment necessary to complete the purchase and store your payment card information in accordance with the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”).
By agreeing to these Terms, Users that use the Payment Feature also agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. You are responsible for complying with those terms and conditions, as well as any fees and/or surcharges imposed by us. As a condition of Windermere Nannies enabling payment-processing services through Stripe, you agree to provide us accurate and complete information about you, and you authorize us to share it and transaction information related to your use of the payment processing services provided by Stripe. Windermere Nannies assumes no liability or responsibility for any payments you may make through this service, and all such payments are non-refundable.
Disclaimer and Release; Limitation of Liability; Indemnity
Disclaimer and Release
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE LIABILITY OF WINDERMERE NANNIES AND ITS AFFILIATED PARTIES. EACH OF THE PARAGRAPHS BELOW APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WINDERMERE NANNIES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, WINDERMERE NANNIES MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY GOODS OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY GOOD OR SERVICES OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THIS DISCLAIMER DOES NOT ALTER YOUR RIGHTS AS A CONSUMER TO THE EXTENT NOT PERMITTED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.
YOU AGREE TO RELEASE WINDERMERE NANNIES AND ITS AFFILIATED PARTIES FROM ANY CLAIMS, DEMANDS, DAMAGES, LIABILITY, COSTS OR EXPENSES, OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR USE OF THE SERVICES, (II) ANY CLAIM OR CONTROVERSY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU AND OTHER USERS, OR (III) ANY CLAIM OR CONTROVERSY THAT MAY ARISE FROM ANY DISPUTE BETWEEN YOU AND A WINDERMERE NANNIES APP SUBSCRIBER.
WINDERMERE NANNIES MAKES NO CLAIMS OR PROMISES ABOUT (I) THE OPINIONS, ADVICE, STATEMENTS, REVIEWS, OR OTHER INFORMATION OR CONTENT MADE AVAILABLE ON THE APPLICATION OR THROUGH THE SERVICES BY USERS, OR (II) THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE APPLICATION.
Limitation of Liability
LIMITATION OF LIABILITY. IN NO EVENT WILL WINDERMERE NANNIES OR ITS AFFILIATED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING OR ARISING FROM (I) INTERACTIONS WITH OTHER USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE, (II) YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE APPLICATION OR TRANSMITTED TO OR BY ANY USER OF THE SERVICES, OR (III) ANY CLAIM OR CONTROVERSY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU AND OTHER USERS.
YOU AGREE THAT NEITHER WINDERMERE NANNIES NOR ITS AFFILIATED PARTIES HAS ANY LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS, (III) BUSINESS INTERRUPTION, (IV) LOSS OF OR DAMAGE TO REPUTATION, OR (IV) LOSS OF INFORMATION OR DATA.
WITHOUT LIMITING ANY OTHER PROVISION IN THESE TERMS OF SERVICE, WINDERMERE NANNIES’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES YOU SUFFER IN CONNECTION WITH THE SERVICES OR THESE TERMS OF SERVICE IS LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO WINDERMERE NANNIES IN CONNECTION WITH THE SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (II) $100.
SOLE AND EXCLUSIVE REMEDY. YOUR ONLY RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION OF YOUR ACCOUNT AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
You agree to indemnify, defend and hold harmless Windermere Nannies and its Affiliated Parties from and against any and all claims, losses, expenses, demands or liability, including attorneys’ fees and costs incurred by Windermere Nannies and its Affiliated Parties in connection with any claim by a third party (including an intellectual property claim) arising out of (i) your use or misuse of, or inability to use, the Services; (ii) User Content and use of such content by Windermere Nannies; (iii) your violation of these Terms of Service or your violation of any rights of a third party; (iv) your interactions with or conduct towards any other Users; (v) your violation of any applicable law, rules or regulations; or (vi) your interactions with or conduct towards us. You agree that you will cooperate as reasonably requested by us in the defense of such claims. Windermere Nannies 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.
Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Services should be sent to Windermere Nannies, 7557 W. Sand Lake Rd # 1139 Orlando, FL 32819 or by e-mail to: firstname.lastname@example.org.
Governing Law and Venue
Florida law governs these Terms of Service, as well as any claim, cause of action or dispute that might arise between you and Windermere Nannies, without regard to conflict of law provisions. For any such claim, cause of action or dispute, you agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Florida, City and County of Windermere, Orange County.
Assignment; No Joint Venture or Partnership; Severability; Waiver
You may not assign these Terms without our prior written approval. We may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of our equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, us or any Third Party Caregivers as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
These Terms of Service contains the entire agreement between you and Windermere Nannies regarding the use of the Services, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not contained in these Terms of Services.
If you have any questions or need further information as to the Services, or need to notify us as to any matters relating to the Services please contact us at: Windermere Nannies, 7557 W. Sand Lake Rd # 1139 Orlando, FL 32819 E-mail at: email@example.com or Phone: (407) 565-2363