Terms of Use

Client Service Agreement

 

 

1. Contractual Relationship

 

This Agreement governs the terms and conditions (“Terms”) regarding your access or use of the applications, websites, content, products and services (the “Services”) made available by Alice Care, a division of TEKKS LLC (“Alice Care”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND ALICE. By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. Alice Care may immediately terminate these Terms or any Services with respect to you, or deny access to the Services or any portion thereof, at any time for any reason. Supplemental terms may apply to certain Services, such as policies for a particular Service. Supplemental terms are in addition to, and shall be deemed a part of, this Agreement for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. Alice Care may amend the Terms from time to time. Amendments will be effective upon Alice’s posting of such updated Terms on its website or in the amended policies or supplemental terms on the applicable Services. Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. Alice’s collection and use of personal information in connection with the Services is described in Alice’s Privacy Statements located in the Privacy Policy.

 

2. The Services; License

 

The Services include mobile applications and related services (each an “Application”), which enable users to arrange and schedule Services and/or to purchase Services. Unless otherwise agreed by Alice Care in a separate written agreement with you, the Services are made available solely for your personal use. Subject to your compliance with these Terms, Alice Care grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (a) access and use the Applications on your personal device solely in connection with your use of the Services; and (b) 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 Alice Care and Alice Care’s licensors.

 

3. Provision of the Services; Restrictions

 

You acknowledge that portions of the Services may be made available under Alice’s various brands. You also acknowledge that the Services may be made available under such brands by or in connection with certain of Alice Care’s subsidiaries and affiliates (“Affiliates”). You may not (a) remove any copyright, trademark or other proprietary notices from any portion of the Services; (b) 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 Alice; (b) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (d) link to, mirror or frame any portion of the Services; (e) 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 (f) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

 

4. Third Party Services and Content

 

The Services may be made available or accessed in connection with third party services and content (including advertising) that Alice Care does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Alice Care does not endorse such third party services and content and in no event shall Alice Care be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

 

5. Ownership

 

The Services and all rights therein are and shall remain Alice’s property or the property of Alice’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights (a) in or related to the Services except for the limited license granted above, or (b) to use or reference in any manner Alice’s company names, logos, product and service names, trademarks or services marks or those of Alice’s licensors.

 

6. Access and Use of the Services

 

6.1. User Accounts

In order to use most aspects of the Services, you must register for and maintain an active user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to Alice Care certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by Alice. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Alice Care in writing, you may only possess one Account.

6.2. User Requirements and Conduct.

The Services are not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive Services unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to Alice Care or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.

6.3. Text Messaging and Telephone Calls

You agree that Alice Care may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an Alice Care account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any Services. You also understand that you may opt out of receiving text messages from Alice Care at any time, by contacting privacy@alice.care. If you do not choose to opt out, Alice Care may contact you as outlined in its User Privacy Statement, located in the Privacy Policy.

6.4. User Provided Content

Alice Care may, in Alice’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Alice Care through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, 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 Alice, you grant Alice Care a worldwide, perpetual, irrevocable, transferable, 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, 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 (a) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Alice Care the license to the User Content as set forth above, and (b) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Alice’s 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. You shall not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Alice Care in its sole discretion, whether or not such material may be protected by law. Alice Care may, but shall not be obligated to, review, monitor, or remove User Content, at Alice’s sole discretion and at any time and for any reason, without notice to you.

6.5. 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 your 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. Alice Care does 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.

 

7. Pricing; Payment.

 

7.1. Charges; Methods of Payment

You understand that use of the Services may result in charges to you for the Services you receive (“Charges”). Alice Care will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees and/or surcharges including a booking fee or processing fees for split payments. All Charges and payments will be enabled by Alice Care using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Alice Care may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Alice.

7.2 Pricing; Fees

As between you and Alice, Alice Care reserves the right to establish, remove and/or revise Charges for any or all Services obtained through the use of the Services at any time in Alice’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. In addition, Alice Care charges time and one-half for certain holidays as described on Alice’s website. Alice Care will use reasonable efforts to inform you of Charges that may apply, however you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Alice Care may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged to such users for the same or similar Services obtained by you through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee. After you have received Services, you will have the opportunity to rate your experience and leave additional feedback.

 

8. Disclaimers; Limitation of Liability

 

8.1. Disclaimer.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ALICE CARE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, ALICE CARE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES. ALICE CARE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

8.2. Limitation of Liability

ALICE CARE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF ALICE, EVEN IF ALICE CARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALICE CARE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF (A) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES OR (B) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF ALICE CARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALICE CARE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ALICE’S REASONABLE CONTROL. IF THE SERVICES ARE USED BY YOU TO REQUEST AND SCHEDULE SERVICES WITH THIRD PARTY PROVIDERS, YOU AGREE THAT ALICE CARE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. NOTWITHSTANDING ANYTHING ELSE HEREIN, IN NO EVENT shall Alice Care BE LIABLE UNDER ANY CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) Or any other legal or equitable theory for any amount greater than the amount actually paid to ALICE CARE under this agreement. 

8.3. Certain State Exclusions

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 8 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ALICE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

8.4. Service Provider Not a Licensed Nurse

The provider of Services is not a licensed nurse, therefore is forbidden by state law to administer any medication, including orally. All medications must be pre-measured and/or pre-poured by a family member or licensed nurse.

8.5. Potential Waiver of Registration Status

Per California Department of Social Services PIN 21-03-HCS, Alice Care may occasionally enact a waiver of registration status in Guardian for affiliated HCO caregivers who have a California Department of Justice (DOJ) clearance but are not currently listed as “registered” or “cleared” in Guardian.

 

9. Indemnity

 

You agree to indemnify and hold Alice Care and its Affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with (a) your use of the Services or services or goods obtained through your use of the Services; (b) your breach or violation of any of these Terms; (c) Alice’s use of your User Content; or (d) your violation of the rights of any third party.

 

10. General

 

10.1. Dispute Resolution; Arbitration.

Any dispute, claim or controversy arising out of or relating to (a) these Terms or the breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time (collectively “Disputes”), will be settled by binding arbitration between you and Alice, and not in a court of law. You acknowledge and agree that you and Alice Care are each waiving the right to a trial by jury. However, you and Alice Care each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the applicable rules of the AAA then in effect. The exclusive venue of any arbitration shall be Sacramento, California. Each party will bear its own costs of arbitration.

10.2. Governing Law

This Agreement shall be governed and construed in all respects in accordance with the laws of the State of California, without giving effect to any conflict of laws principles.

10.3. Notice

Alice Care may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Alice, with such notice deemed given when received by Alice, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o 8146 GREENBACK LN STE 160 FAIR OAKS, CA 95628. The name and current contact information for the registered agent in each state are available online.

10.4. Assignment

You may not assign these Terms or this Agreement without Alice’s prior written approval. Alice Care may assign these Terms without your consent to an Affiliate, a successor by merger, or an acquirer of Alice’s equity, business or assets. Any purported assignment in violation of this section shall be void.

10.5. Relationship of the Parties

No joint venture, partnership, employment, or agency relationship exists between you, Alice Care or any third party 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.

10.6. Excusable Delay

Neither party shall be liable to the other for any delay or failure to perform, which is due to causes beyond the reasonable control of said party, including, but not limited to, acts of God, acts of public enemy or terrorism, acts of any governmental authority in its sovereign capacity, fires, floods, power outages, hurricanes, earthquakes, epidemics, quarantine restrictions, strikes or other labor disputes and freight embargoes; provided, however, that failure to make any payments provided for herein shall not be excused for any of the foregoing reasons.

10.7. Entire Agreement; Modification

This Agreement constitutes the entire agreement of the parties hereto and supersedes all prior representations, proposals, discussions, and communications, whether oral or in writing. This Agreement may be modified or amended only by a written instrument executed by the parties hereto.

10.8. Severability

If one or more provisions of this Agreement are held to be invalid, void or unenforceable, such provision shall be excluded from this Agreement and the balance of this Agreement shall be enforceable in accordance with its terms and interpreted as if such provisions were as excluded.

10.9. Waiver

Alice’s 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 Alice Care in writing.

10.10. Execution in Counterparts

For the convenience of the parties, this Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Facsimile or electronically transmitted signatures to this Agreement shall be as valid and binding as a signed original.