Terms & Conditions
Our Errands Terms and Conditions
Effective date: March 1, 2019
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 22.
These Terms of Service constitute a legally binding agreement (“Terms of Service” or “Agreement”) between you and OurErrands (“Company” or “OurErrands”) governing your use of the services provided by OurErrands, the Company’s website, www.ourerrands.com, (the “Site”), and OurErrands’ mobile application(s), which together are hereinafter collectively referred to as the “OurErrands Platform” within the United States of America.
1. OurErrands Platform and Services
The OurErrands Platform allows our Clients and Lifestyle Managers to connect via an internet based platform. “Clients” are businesses and/or individuals seeking to obtain services (“Services”) from Lifestyle Managers who are individuals and/or businesses seeking to perform Services for Clients. OurErrands allows Clients to book Services and provides concierge appointments via the OurErrands Platform. Clients and Assistants together are hereinafter referred to as “Users.” When a Client purchases a relocation package, they are assigned to a lifestyle manager where the OurErrands forms a Service Agreement between the themselves.
OurErrands does not perform any Services. Lifestyle Managers are independent contractors and not employees of Company. OurErrands does not employ any individuals to perform Services. The Services that you book via OurErrands are the sole responsibility of the Lifestyle Manager that is booked to perform the Service. Clients hereby acknowledge that Company does not supervise, direct, control, or monitor an Lifestyle Manager’s work and is in no way responsible for the Services or the Lifestyle Manager.
Because the OurErrands Platform is not an employment service and Company is not an employer of any User, Company is not responsible for and will not be liable for any tax payments or withholding, including but not limited to unemployment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with any Lifestyle Manager’s Services.
2. OurErrands Platform Availability and Modification
You acknowledge and understand that there may be interruptions in service or events that are beyond OurErrands’ control. While the Company uses reasonable efforts to keep the OurErrands Platform accessible, the OurErrands Platform may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, access to the OurErrands Service may be interrupted, suspended or terminated.
You acknowledge and understand that OurErrands has the right to review, improve, modify or discontinue, temporarily or permanently, the OurErrands Platform and any content or information thereon at any time, effective with or without prior notice and without any liability to Company, except for refundable fees you have advanced to Company (if any). Company will endeavor to notify you of material changes by email, or via pop-up messages or a banner on the OurErrands Platform, but will not be liable for any failure to do so. Company, in its sole discretion, may change, modify, suspend, or discontinue any aspect of the OurErrands Platform at any time without notice or liability. Company may also impose limits on certain features or restrict your access to parts or all of the OurErrands Platform without notice or liability.
If you don’t agree with any future changes to this Agreement or you are no longer in compliance with this Agreement following a change, stop using the OurErrands Platform immediately. Your continued use of the OurErrands Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
3. User Screening
Lifestyle Managers shall undergo a screening process before they can be placed on the OurErrands Platform, including but not limited to a verification of identity and a comprehensive criminal background check, at the Country, State and local level, using third party services as appropriate. Lifestyle Managers, in the sole discretion of the Company, may be subject to further vetting during their use of the OurErrands Platform. Notwithstanding anything to the contrary in this Sections 3 or 10, OurErrands has the right to restrict anyone from completing registration as a Lifestyle Manager if Company, in its sole discretion, believes such person may threaten the safety and integrity of the OurErrands Platform, or if, in Company’s discretion, such restriction is necessary to address any other reasonable business concern.
Clients may also be subject to the same or some variation of the vetting process for Lifestyle Managers before they can register for the OurErrands Platform and during their use of the OurErrands Platform.
Users hereby give consent to OurErrands to conduct background checks, in its sole discretion, as often as deemed necessary but in compliance with federal and state laws, including, without limitation, the Fair Credit Reporting Act.
Users acknowledge and understand that although OurErrands may perform background checks of Users, as outlined above, OurErrands is not required to do so and cannot confirm that each User is who they claim to be or that the information provided by the third party providers is accurate, up-to-date, or complete. Additionally, Users acknowledge and understand that past criminal history is not an accurate predictor of future criminal activity. Any screening of a Lifestyle Manager by OurErrands is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual’s suitability to be a lifestyle manager. Therefore, Company cannot and does not assume any liability or responsibility for the accuracy and or reliability of identity, background check information, or any other information provided by the User on the OurErrands Platform. Likewise, OurErrands cannot and does not assume any liability or responsibility for the bad acts of its Users. As a User, you acknowledge and understand that you should use common sense to protect yourself and your property when using the OurErrands Platform or Service.
4. User Representations and Warranties
You, the User, represent and warrant that:
(1) You are of the legally required age to enter into a contract in the jurisdiction in which you reside;
(2) You have the authority, right and legal capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement; and
(3) That you have read and understand the terms of this Agreement, agree to be bound by this Agreement, and will so abide.
If you enter into this Agreement as an agent of a business or organization, you represent and warrant that you have the authority to act on behalf of that entity and to bind that entity to this Agreement.
As one of the Lifestyle Managers, you further represent and warrant that you:
- Are legally in the United States or the territory of Puerto Rico;
- Will communicate courteously, professionally, and promptly with Clients;
- Will be present and/or available at least five (5) minutes prior to the time you agree upon with our Clients and perform the requested Services in a professional and satisfactory manner;
- Will only offer to provide Services for which you have the necessary skills, expertise, and credentials to perform;
- Will not solicit any additional payment, tips, or other compensation from Clients for the Services performed;
- Will not solicit work from Clients directly or indirectly, outside of the OurErrands Platform;
- Will let OurErrands know within twenty-four (24) hours if Client(s) solicit you to do work outside of the OurErrands Platform; and
- Are not competitor of the OurErrands Platform or accessing or using our Services for reasons that are in competition with OurErrands.
Lifestyle Managers who request to be identified on the OurErrands Platform as a Licensed Lifestyle Managers, Licensed Realtors or Certified Relocation Professionals (CRP) must additionally represent and warrant that they hold all the requisite licenses and certification necessary to hold a license in that industry, are active and in good standing with the applicable licensing authorities, do not have any outstanding or unresolved disciplinary actions against them by the relevant licensing board, and have the requisite insurance coverage for all Services performed. The Licensed Managers also represent and warrant that they will personally perform the Services for which they are hired.
As one of OurErrands’ Clients, you further represent and warrant that you will:
- Go through the OurErrands Platform to hire OurErrands’ Lifestyle Manager; ;
- Not solicit OurErrands’ Assistants away from OurErrands; and
- Contact OurErrands at email@example.com if you ever decide to hire any of our Lifestyle Managers directly and pay the requisite fee.
5. Contract Between Clients and Assistants
You acknowledge and agree that a contract (the “Service Agreement”) is formed when you agree on the terms of a Services with another User. The terms of the Service Agreement include the terms set forth in this Section 5, the engagement terms proposed and accepted on the OurErrands Platform, and any other contractual terms accepted by both the Lifestyle Manager and the Client to the extent such terms do not conflict with this Agreement, an agreement between OurErrands and any agreements in place between OurErrands and the User, and do not expand the Company’s obligations or restrict Company’s rights under this Agreement. You agree that Company is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstance, create an employment or other service relationship between Company and the Assistants.
Each party agrees to comply with this Agreement during the engagement, performance and completion of a Services. Both parties agree to notify Company of any disputes prior to negotiation of or filing of any claims and to negotiate any dispute informally via Company representatives for at least thirty (30) days before initiating any proceeding between the parties.
6. Billing and Payment
In order to utilize certain aspects of the OurErrands Platform, the Clients who are users of such Services must pay OurErrands by set rates defined on our packages and membership fees under the pricing section of www.ourerrands.com.. In addition, the User is responsible for any applicable third party expenses incurred by Lifestyle Managers when providing the requested Services. Notwithstanding the foregoing, for certain Clients who join the OurErrands Platform and receive access to a paid membership subscription through their employer’s benefits program, the related subscription fee is paid by their employer, and the Client has no obligation to pay the automatically renewing subscription fee associated with such subscription so long as the subscription remains part of the employer’s benefits program. However, the Client will be responsible for paying for the requested Services not approved by company benefit.
If you sign up for an OurErrands paid membership subscription, you agree to pay OurErrands all subscription charges associated with the plan you subscribe to as described on the OurErrands Platform at the time you subscribe and provide your payment information. You also authorize OurErrands, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of the plan to which you subscribe. The subscription period and the amount and frequency of the charges will vary depending on the subscription plan you select. OurErrands reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
To the extent you elect to purchase other Services we offer for a fee, you authorize OurErrands to charge your chosen payment provider for the Services you purchase. You agree that if OurErrands already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services/products you purchase.
7. Cancellation/Refund Policy
Services cancelled or rescheduled within twenty-four (24) hours of the Services start time will be charged a $50 cancellation fee. Cancellation, schedule change requests, or changes to the Services details should be emailed to firstname.lastname@example.org as soon as possible.
OURERRANDS PAID MEMBERSHIP SUBSCRIPTIONS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY THE CLIENT. AFTER YOUR INITIAL SUBSCRIPTION COMMITMENT PERIOD, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL EQUIVALENT PERIOD AS THE SUBSCRIPTION TERM YOU ORIGINALLY SELECTED AND AT THE SUBSCRIPTION RATE AND FREQUENCY DISCLOSED TO YOU ON THE SITE WHEN YOU ORIGINALLY SUBSCRIBED, UNLESS OTHERWISE PROVIDED AT THE TIME YOU SUBSCRIBED. IF YOU SIGN UP FOR A PAYMENT PLAN THAT ALLOWS YOU TO BE CHARGED MONTHLY OVER THE SUBSCRIPTION PERIOD AND YOU DECIDE TO CANCEL YOUR SUBSCRIPTION DURING THE SUBSCRIPTION PERIOD, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL CONTINUE TO BE BILLED FOR THE SUBSCRIPTION ON A MONTHLY BASIS UNTIL ITS ORIGINALLY SCHEDULED EXPIRATION DATE.
You may cancel your paid membership subscription at any time by following the instructions on your account settings page or contacting OurErrands’ customer service department at email@example.com. If you cancel your subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term. Your subscription will not be renewed after your then-current term expires, but your payment method will be charged, and you will be required to pay, any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up for the subscription plan.
Except as set forth in this Agreement, all payments for Services are non-refundable and there are no refunds or credits for unused or partially used Services or Service cancellations. Notwithstanding the foregoing, if you have a paid membership subscription that is automatically renewed, we will refund the most recent charge to your credit card if: (i) you have not used your subscription during the current subscription renewal period and (ii) you downgrade or cancel your membership and request a refund of the most recent charge to your credit card within thirty (30) days of the most recent charge. Any such refunds will apply only to the most recent charge, regardless of how such refund request is made, for example, whether to OurErrands or to your credit card company. OurErrands reserves the right to immediately downgrade or cancel your membership after payment of your refund. OurErrands does not provide refunds or credits under any other circumstances, unless it determines in its sole discretion that a refund or credit is warranted due to extenuating circumstances, such as a duplicate account.
8. Release of Liability
OurErrands is not the employer of any Lifestyle Managers. The OurErrands Platform is simply a vehicle for Users to connect. Clients may seek the services of Lifestyle Managers through the OurErrands Platform, and Lifestyle Managers may post profiles and communicate with Clients regarding Services. In some instances, OurErrands may provide Clients with a customized list of potential Assistants for a particular Service based on the information the Client provides OurErrands regarding their needs and Service requirements. However, when a Client agrees on the provision of Services from a Lifestyle Manager through the OurErrands Platform, OurErrands coordinates the agreement. However, you agree to report any alleged improprieties of any Users to OurErrands immediately by notifying OurErrands of the same via electronic correspondence or phone. We can be reached at firstname.lastname@example.org.
Because OurErrands is not involved in the actual contact between Users, in the completion of the Services, or a party to any agreement between Users, by using the OurErrands Platform, you hereby represent, understand, and expressly agree that in the event you have a claim, controversy, incident, or dispute of any kind that may arise out of the actions of or relationship between you and any other User(s), you hereby unconditionally release OurErrands and its affiliates, including their respective officers, directors, agents, investors, subsidiaries, and employees, from any and all claims, demands, liability, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such actions, claims, controversies, incidents, relationships, or disputes between you and any other User(s). OurErrands’ sole liability with respect to disputes between Users is as set forth in the Insurance described in Section 17.
9. Public Areas; Acceptable Use
The OurErrands Platform may contain multiple avenues for User communications, such as User profiles, internal blogs, chat rooms, email systems, forums, message boards, job posting boards, reviews and ratings (“Public Areas”) that allow Users to communicate with other Users. You acknowledge and understand that all submissions made to Public Areas will be public, not private, and will be publicly identify you by your name or login identification. Any other person (whether or not a user of the OurErrands Platform) may read the information in the Public Areas without your knowledge. Please do not include any personal information in the Public Areas that you do not want shared publicly. Nothing you post in connection with the OurErrands Platform is confidential.
For purposes of this Agreement, “Content”, is defined as any and all communications, images – including your own personal likeness, sounds – including your voice, videos – including your personal likeness and voice, and all the material, data, and information that you upload or transmit through the OurErrands Platform, or that other Users upload or transmit, including without limitation any content, links, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, “post”) in the Public Areas of the OurErrands Platform. By using the OurErrands Platform, you agree that any Content you post automatically grants (or warrant that the owner of such content has expressly granted) OurErrands a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any materials or other information, including without limitation, ideas contained therein for new or improved products or services, you submit alone or as part of other works in any form, media, or technology by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses. You understand that no compensation of any kind will ever be paid to you for the use of your Content.
You may only use the Public Areas to send and receive messages and material that are relevant and appropriate for the applicable Public Areas. Examples of irrelevant and inappropriate Content include, without limitation, the following activities which are strictly prohibited:
- Posting sexual Content of any kind, including Content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner;
- Posting Content that contains software or other material that violates the intellectual property rights or the rights of privacy or publicity of any third party;
- Posting any Content that is profane, defamatory, infringing, harassing, threatening, obscene or unlawful;
- Use of the OurErrands Platform in a way that could be interpreted as violating the legal rights of any other User, the Company, or Company staff;
- Use the OurErrands Platform for any purpose, including, but not limited to posting or completing a Services, in violation of local, state, national, or international law;
- Uploading Content that contains viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer, tablet, cellphone, or other mobile device;
- Advertising or offering to sell any goods or services for any commercial purpose through the OurErrands Platform which are not relevant to the Services offered through the OurErrands Platform;
- Using the OurErrands Platform to conduct or forward surveys, contest, chain letters or any other form of spam;
- Adapting, removing, or altering any copyrights, trademarks, proprietary marks owned by the Company or interfering with the OurErrands Platform in any way;
- Using the OurErrands Platform to solicit for any other business, website, product or service for any other purpose not outlined herein;
- Failure to adhere to the OurErrands Platform Payment System including but not limited to providing inaccurate invoice information;
- Engaging in illegal or dangerous activity that places the Company at risk financially, socially, and personally;
- Using fraudulent methods to allow you or a third party prohibited use of the OurErrands Platform, such as to impersonate another person or allow any other person or entity to use your identification to post or view comments; to imply or state that any statements you make are endorsed by OurErrands, without the prior written consent of Company; the use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the OurErrands Platform in any manner; to hack or interfere with the OurErrands Platform, its servers or any connected networks, or to adapt, alter, license, sublicense or translate the OurErrands Platform for your own personal or commercial use; to use the OurErrands Platform in a manner which is false or misleading, directly or by omission or failure to update; or for the purpose of accessing or otherwise obtaining Company’s trade secret information for public disclosure or other misappropriation.
Notwithstanding, OurErrands does not control or endorse any Content found in any parts of the Public Areas, and we specifically disclaim any liability concerning the Content in the Public Areas and any actions resulting from your participation in any parts of the Public Areas, including any objectionable content.
10. Denials of Use, Termination, and Suspension
Use of the OurErrands Platform is a privilege; not a right. OurErrands retains the right at its sole discretion to deny service, or access to the OurErrands Service to anyone or an account, at any time and for any reason, temporarily or permanently. Additionally, OurErrands is intended solely for people eighteen (18) and older. We will not knowingly collect any information from individuals under eighteen (18). Should we determine that you do not meet the age requirements for using the OurErrands Platform, your registration will be terminated immediately. OurErrands has no obligation to notify you of the reason, if any, for your denial of service, denial of access, or termination. Upon denial or termination of your User account, OurErrands shall be under no obligation to provide you with a copy of any content posted by or about you on the OurErrands Platform.
If you are denied of access, or your account is suspended or terminated by OurErrands, you will not be entitled to any refund of unused balance in your account, and you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. Following any denial of access, service, or termination of any User of the OurErrands Platform, OurErrands reserves the right to send a notice thereof to other Users with whom we believe the person communicated with. Our decision to deny access, service, or terminate a User’s registration and/or to notify other Users with whom we believe the person has corresponded does not constitute, and should not be interpreted or used as, information bearing on, the individual’s character, general reputation, personal characteristics, or lifestyle.
If Company denies, limits, suspends, or terminates your right to use the OurErrands Platform because of a breach of this Agreement, in addition to terminating, limiting, or suspending your account, Company reserves the right to take appropriate legal action, including without limitation pursuing arbitration, criminal, and injunctive redress in accordance with Section 22.
Even after your right to use the OurErrands Platform is denied, limited, suspended, or terminated, this Agreement will remain enforceable against you.
You may terminate this Agreement at any time by ceasing all use of the OurErrands Platform. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
11. Account, Password, Security, and Mobile Phone Use, Texts and Calls
You must register and create an account to use the OurErrands Platform. You are the sole authorized user of your account and you are prohibited from creating an account on behalf of a third party. You are responsible for maintaining the confidentiality of your account login information. You are solely and fully responsible for all activities that occur under your account. OurErrands has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your account or you suspect any other breach of security, you agree to contact Company immediately.
If you provide your mobile phone number while using the OurErrands Platform, you hereby affirmatively consent to our use of your mobile phone number for calls and texts. OurErrands will not charge for any calls or texts, but standard message charges and other charges from your wireless carrier may apply. You may opt-out of receiving texts messages from us by texting “UNSUBSCRIBE” in response to any texts or by updating your account settings on the OurErrands Platform. You may opt-out of receiving calls from us by emailing email@example.com and specifying you want to opt-out of calls or by updating your account settings on the OurErrands Platform.
12. User Feedback
The OurErrands Platform hosts User Generated Content relating to reviews and ratings of specific Assistants (“Feedback”). Such Feedback is such User’s opinion and not the opinion of Company, has not been verified or approved by Company and each Client should undertake their own research to be satisfied that a specific Assistant is the right person for a Services. You agree that Company is not liable for any Feedback or other User Generated Content. Company encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. Company does not investigate any remarks posted by Users for accuracy or reliability but may do so if a User requests that Company do so.
13. Links to Other Websites
The OurErrands Platform may contain links to third-party websites, including websites that are framed by the OurErrands Platform, third party advertisements, and other third party content. Such links and inclusion of third party content does not constitute the endorsement by Company of those sites or their content, products, or advertising. They are provided by OurErrands for reference and convenience only. Users access them at their own risk. It is your responsibility to evaluate the content and usefulness of the information obtained from other third parties. OurErrands does not control such sites or third parties and is not responsible for their content.
14. No Principal Agent Relationship
No agency, partnership, joint venture, employer-employee, franchisor-franchisee, or fiduciary relationship is intended or created by this Agreement. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of OurErrands. Each User acknowledges that Company does not, in any way, supervise, direct, control or monitor the Assistants’ Services in any manner. Company does not set Assistants’ work hours or location of work. OurErrands will not provide any equipment, labor or materials needed for any particular Services. Company does not provide any supervision to Users.
15. Intellectual Property Rights
Any and all material on the OurErrands Platform that you see or access is strictly owned by OurErrands not including any and all material that is generated by you or other Users on the OurErrands Platform. The protected company material includes but is not limited to text, graphics, data, music and sound (“Proprietary Material”). You may not copy or download any of the Proprietary Material without the express prior written consent of Company. Any unauthorized use of the Proprietary Material, as stated herein, is prohibited unless user obtained the prior written consent of Company.
All OurErrands trademarks, registered and unregistered, are owned by Company. Other trademarks, logos, design marks found on the OurErrands Platform are property of their respective owners. You shall not copy or use any of these marks or logos or trade dress or trade names without the express prior written consent of the appropriate owner.
16. Copyright Policy and the Digital Millennium Copyright Act (DMCA) Procedures
OurErrands values its own intellectual property as well as the intellectual property of others, and expects its Users to do the same. OurErrands reserves the right to terminate its agreement with you or any User who infringes third party copyrights. If you believe, in good faith, that any materials provided on or in connection with the OurErrands Platform infringe upon your copyright or other intellectual property right, please send the following information to us at: 3423 Piedmont Rd NE Atlanta, GA 30305. In the notification, please include the following:
- An identification of the copyrighted, or otherwise protected, work and the location on the OurErrands Platform of the allegedly infringing work;
- A written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law;
- Some evidence that you own the intellectual property rights to the work in question;
- your name and contact information, including telephone number, address, and e-mail address;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
The preceding requirements are intended to comply with OurErrands’ rights and obligations under the DMCA, including 17 U.S.C. §512(c). They do not constitute legal advice. OurErrands advises you to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. In accordance with the DMCA and other applicable law, OurErrands has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers but, in its sole discretion, may limit access to the OurErrands Platform and/or terminate the accounts of any Users who infringe any intellectual property of others without regard to the number of infringements claims or actual infringements.
OurErrands wants its Users to have great experiences on the OurErrands Platform. As such we do have insurance to protect our Users. Through insurance, we are able to provide protection for up to (a) 1,000,000 U.S. Dollar for damages arising from (i) property damage to Clients or third parties arising directly from an Assistant’s negligence in performance of a Service through the OurErrands Platform and (ii) bodily injury to Users or third parties arising directly from an Assistant’s negligence in the performance of a Service through the OurErrands Platform, and (b) $100 U.S. Dollars per occurrence from theft of a Client or third party’s property by a Lifestyle Manager during performance of a Service through the OurErrands Platform. As with any insurance policy, these payments are subject to certain conditions, limitations and exclusions.
If a Client hires a Lifestyle Manager through the OurErrands Platform, the Licensed Manager’s professional and personal insurance shall be primary to any claim filed related to Services provided by that Lifestyle Manager.
While OurErrands does not employee, direct, monitor or supervise Lifestyle Managers; may or may not actively monitor communications between Users, and is not liable for the acts or omissions of Users; OurErrands does want to ensure that its Users have a pleasant experience with the OurErrands Platform, this extra level of protection in no way contradicts that premise.
18. Disclaimers of Warranties
You assume all risk when using the OurErrands Platform, including but not limited to all of the risks associated with any online or offline interactions with Users of the OurErrands Platform. You agree to take all necessary precautions when interacting with other site visitors or Users.
The OurErrands Platform is provided on an “as-is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. Company makes no warranties or representations about the accuracy or completeness of the content provided through the OurErrands Platform or the content of any sites linked to the OurErrands Platform and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the OurErrands Platform, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein. Company does not warrant, endorse, guarantee or assume responsibility for any third party advertisement or offer on the OurErrands Platform or any hyperlinked website, featured banner, or other advertising. OurErrands is not a party to or responsible for monitoring any transaction between you and third party providers of product services, other than as provided herein.
Neither OurErrands nor its Affiliates or Licensors warrant that access to the OurErrands Platform will be uninterrupted, that the OurErrands Platform will be error-free, or that the results that obtained from the use of the OurErrands Platform will be accurate, reliable, or complete. In addition to information or materials provided through or in connection with the use of the OurErrands Platform. Neither Company nor its Affiliates or Licensors is responsible for the conduct, whether online or offline, of any User.
Neither the OurErrands nor its Affiliates or Licensors warrant that the OurErrands Platform is free from viruses, worms, Trojan horses, or other harmful components. Company and its Affiliates or Licensors cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
Each Client is responsible for determining the Services needed and selecting their Lifestyle Managers; OurErrands does not provide any warranties or guarantees regarding any Lifestyle Managers’ professional accreditation, registration or licenses.
19. Limitation of Liability
Under no circumstances will OurErrands be liable for any direct, indirect, incidental, consequential, special or exemplary damages, losses, or expenses arising out of or relating to the use or inability to use the OurErrands Platform, including without limitation damages related to any information received from the OurErrands Platform, removal of content from the Site, including profile information, any communication distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the OurErrands Platform, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if OurErrands, or representatives thereof, are advised of the possibility of such damages, losses or expenses. Additionally, Company does not accept any liability with respect to the quality or fitness of any Services performed via the OurErrands Platform.
UNDER NO CIRCUMSTANCES WILL OURERRANDS’ AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE OURERRANDS PLATFORM, EXCEED THE PRICE PAID BY THE USER, OR, IF YOU HAVE NOT PAID OURERRANDS FOR THE USE OF ANY SERVICES, THE AMOUNT OF $100.00.
IN NO EVENT WILL OURERRANDS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE OURERRANDS PLATFORM OR ANY AGREEMENT OR RELATIONSHIP FORMED AS A RESULT OF THE OURERRANDS PLATFORM, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE OURERRANDS PLATFORM, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
In addition to the preceding paragraphs of this section and other provisions of this Agreement, any information that may be posted on the OurErrands Platform is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the OurErrands Platform. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist. Neither the Company nor its Affiliates or Licensors is responsible for the conduct, whether online or offline, of any User of the OurErrands Platform and you hereby release the Company and its Affiliates or Licensors from any liability related thereto. Company and its Affiliates and Licensors will not be liable for any claim, injury, or damage arising in connection with your use of the OurErrands Platform.
You acknowledge and agree that Company is only willing to provide the OurErrands Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Company, its affiliates, its licensors, its partners in promotions, or any of such parties’ agents, employees, officers, directors, corporate partners, or participants liable for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown, relating to you or any other party’s use or inability to use the OurErrands Platform, including without limitation any liabilities arising in connection with the conduct, act or omission of any User.
You agree to defend, indemnify and hold harmless OurErrands and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their staff members, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including but not limited to attorney’s fees, resulting from (i) your use or inability to use the OurErrands Platform, or (ii) your breach or violation of this Agreement; (iii) your violation of any law the rights of any User or third party (iv) any content submitted by you or using your account to the OurErrands Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful, and (v) your negligent or willful misconduct. OurErrands expressly reserves the right to approve the legal counsel or, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter related in any way to this Agreement or the OurErrands platform without the written consent of Company.
21. Licensed Professionals
OurErrands may specifically identify certain Assistants who carry the necessary state-level or local-level license(s) to perform certain Services as Licensed Assistants on the OurErrands Platform. Lifestyle Managers will be explicitly identified and only Assistants with such designation have been verified by OurErrands to have the respective license.
22. Arbitration Agreement
OurErrands will make every reasonable effort to resolve any disagreements that you may have with us amicably and efficiently. If those efforts fail, by using the OurErrands Platform, you agree that any controversy, claim or dispute arising out of or relating to this Agreement or the relationship between the parties hereto, their assignees, their affiliates, their attorneys, or agents, either during the existence of the relationship or afterwards, shall be settled by arbitration in Atlanta, Georgia or at such other location as may be mutually agreed upon by you and OurErrands. Such arbitration shall be conducted in accordance with the then prevailing, applicable arbitration rules of the American Arbitration Association (“AAA”). However, the arbitration may proceed in the absence of any party if at least ten (10) days written notice of the proceedings has been given to such Party.
The arbitrator shall apply Georgia law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. There shall be no authority for any claims to be arbitrated on a class or representative basis, the arbitrator can decide only your and/or OurErrands’ individual claims, and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA rules and procedures, unless otherwise provided in this Agreement to Arbitrate. If you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, OurErrands will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, OurErrands will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the sole discretion of the arbitrator, the prevailing Party may be entitled to any and/or all costs and reasonable attorneys’ fees incurred in connection with the arbitrated matter, including reimbursement of all fees associated with the arbitration paid by OurErrands on your behalf that you would have otherwise been obligated to pay under the AAA rules, as well as all costs to enforce or preserve the rights awarded in the arbitration.
The Parties agree to abide by all decisions and awards rendered in such proceedings. Any award rendered by the arbitrator pursuant to this Agreement shall be enforceable in the state and federal courts of Fulton County, Georgia, in and for the State of Georgia, as the court having exclusive jurisdiction over such arbitration and may be entered and enforced as a sister-state judgment in other jurisdictions. The arbitration shall be binding, final and non-appealable.
All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity; provided however, that nothing in this subsection shall be construed as precluding OurErrands from bringing an action for injunctive relief or other equitable relief related to the intellectual property provisions of this Agreement in the state or federal courts of Fulton County, Georgia.
The parties shall keep confidential the existence of the claim, controversy or disputes from third parties, other than the arbitrator, and the determination thereof, including any decision, ruling, or award, unless otherwise required by law or necessary for the business of Company.
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. If any part of this Arbitration Agreement provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. The entire dispute, including the scope and enforceability of this Arbitration Agreement shall be determined by the arbitrator. The arbitrator shall be required to follow applicable law. This Arbitration Agreement shall survive the termination of this Agreement.
Notwithstanding any provision in this Agreement to the contrary, you and OurErrands agree that if OurErrands make any change to this Arbitration Agreement in the future, such change shall not be effective until at least 60 days from the date of posting, and shall not apply to any claim that was filed in a legal proceeding against OurErrands prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until 30 days after the version of this Agreement not containing the Arbitration Agreement is posted to the OurErrands Platform, and shall not be effective as to any claim that was filed in a legal proceeding against OurErrands prior to the effective date of the termination.
23. Governing Law
These Terms, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of Georgia without regard to choice of law principles, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 22, the Arbitration Agreement.
Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), either as a result of a decision by the arbitrator or a court order you agree that any claim or dispute that has arisen or may arise between you and OurErrands must be resolved exclusively by a state or federal court located in Fulton County of the State of Georgia. You and OurErrands agree to submit to the personal jurisdiction of the courts located within the County of Fulton of the State of Georgia for the purpose of litigating all such claims or disputes.
24. Special Promotions
From time to time OurErrands may offer promotional opportunities, sweepstakes and/or contests to Users. All such promotions are in the sole discretion of Company, and can be activated, modified or removed at any time by Company without advance notification and the liability of OurErrands and any of OurErrands’ partners pursuant to such promotional opportunities, sweepstakes and contests shall be limited pursuant to Section 19 of this Agreement.
OurErrands shall not be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing. Waiver by OurErrands of a breach or violation of any provision of this Agreement shall not constitute a waiver of any subsequent breach or violation.
The interests of the Users are personal to the Users and may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement will inure to the benefit of Company, its successors and assigns.
27. International Users
OurErrands is designed for Users in the United States of America, and the territory of Puerto Rico. It is controlled, operated and administered by OurErrands within the United States of America. OurErrands makes no representations that the OurErrands Platform is appropriate or available for use in other locations. If you access the Service from a location outside the United States, you do so at their own volition and you are solely responsible for compliance with all local laws. You agree that you will not use the OurErrands Content accessed through https://ourerrands.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
28. Binding Effect
This Agreement shall be binding upon and inure to the benefit of the parties hereto, and upon respective executives, administrators, legal representatives, successors and assigns.
If any provision of this Agreement is held to be invalid, illegal or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid, legal and enforceable as though the invalid, illegal or unenforceable parts had not been included in this Agreement.
Any notice required given pursuant to this Agreement shall be in writing via certified mail or electronic correspondence. You may mail all written correspondence to 3423 Piedmont Rd NE Atlanta, GA 30305 or email any notices to firstname.lastname@example.org.
The headings for section herein are for convenience only and do not affect the meaning or interpretation of the provisions of this Agreement.
32. Entire Agreement.
This Agreement constitutes the entire agreement between OurErrands and Users, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.