IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 18.
This Agreement constitutes a legal agreement between you ("you" or "User") and ZapMaid, Inc ("ZapMaid" or "us"). This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website located at www.ZapMaid.com, as it may be modified, relocated and/or redirected from time to time (the "Site"), and the mobile applications offered by us (the "Apps"). Our services, platform, Site and Apps are collectively referred to as the "ZapMaid Platform".
By accessing, using or registering with the ZapMaid Platform or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to accept and be bound by this Agreement, you must immediately stop using the ZapMaid Platform. ZapMaid's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.
By using the ZapMaid Platform, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
Your agreement that either party may compel binding arbitration for most types of disputes, and your agreement to submit to an informal dispute resolution process for at least 30 days prior to the initiation of any claim (Section 18).
Your agreement that no claims can be adjudicated on a class basis (Section 18).
Your agreement that the ZapMaid Platform is provided "as is" and without warranty (Section 16).
Your agreement that the ZapMaid Platform is solely a communications platform providing a method for Professional Services to be booked, that all Professional Services are performed by third parties, and that ZapMaid has no liability for any Professional Services or any acts or omissions of third parties (Sections 1 and 16), with the exception of ZapMaid's Satisfaction Guarantee (Section 3(d)).
Your agreement to not solicit or use Services provided by Maids (as such term is defined herein) outside of the ZapMaid’s Platform (Section 7(b)).
Your agreement that ZapMaid's Satisfaction Guarantee is limited to Payments paid by Users through the ZapMaid Platform (Section 3(d)).
Your acknowledgment of and agreement to pay ZapMaid's Trust and Support Fee that will be applied to each appointment of a Professional Service requested through the ZapMaid Platform (Section 3(f)).
Your acknowledgment of and agreement to ZapMaid's cancellation policies and cancellation fees (Section 4).
Your agreement to release ZapMaid from liability based on claims relating to Services and otherwise (Section 16) and your agreement to the limitation of time within which a claim can be brought (Section 21).
Your agreement to indemnify ZapMaid from claims due to your use, misuse or inability to use the ZapMaid Platform, the Merchandise and/or Professional Services, your violation of this Agreement, applicable laws or third party rights, and/or content or information submitted from your account to the ZapMaid Platform (Section 17).
Your consent to any modifications or amendments to this Agreement (Section 22).
1. The ZapMaid Platform is Solely a Venue for Communications; Maid Representations & Covenants; Background Checks.
a. The ZapMaid Platform is Solely a Venue for Communications. The ZapMaid Platform is a communications platform for enabling the connection between individuals seeking to obtain services ("Users") and/or individuals seeking to provide services ("Maids"). Users and Maids together are referred to as "Users". Those certain services requested by the Users, which are to be completed by the Maids, are hereinafter referred to as a “Professional Service” or "Professional Services". ZapMaid does not itself provide Professional Services or Merchandise. The provision of all Professional Services is up to the Maids, which may be scheduled through use of the ZapMaid Platform. ZAPMAID, THROUGH THE ZAPMAID PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, HANDYMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE USER BY MAIDS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. ZAPMAID IS NOT AFFILIATED WITH, ENDORSED OR SPON
SORED BY ANY THIRD PARTY MERCHANDISE PROVIDER OR RETAILER.
b. Maid Representations & Covenants. If you are a Maid, in connection with providing Services on or through the ZapMaid Platform, you represent, warrant, and agree that:
You are authorized to work in the US.
You are over 18 years of age.
You will not engage in any services connected to the ZapMaid Platform while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety and property of ZapMaid community or third parties.
You will not make any misrepresentation regarding ZapMaid, the ZapMaid Platform, the Services or your status as a Maid.
You will not, while providing the Services, accept payment for services in cash, or online accounts such as PayPal or Venmo, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
You will not attempt to defraud ZapMaid or it's users on the ZapMaid Platform or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable payments for the booking(s) in question.
You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.
c. Background Checks. ZapMaid checks the backgrounds of Maids via third party background check services. However, each User should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. BY USING THE ZAPMAID PLATFORM, THE USER AGREES TO HOLD ZAPMAID FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. ZAPMAID IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING MAIDS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.
2. Personal Information; User Accounts.
b. Account, Password and Security. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the ZapMaid Platform. You are solely and fully responsible for all activities that occur under your password or account, except that ZapMaid may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment. ZapMaid has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.ZapMaid.com/contact. Nothing in this section shall affect ZapMaid's rights to limit or terminate the use of the ZapMaid Platform, as provided below in section 4(b).
c. Proof of Identity. You will provide us with such proof of identity as we may reasonably request from time to time.
d. Text Messages and Phone Calls. By providing your phone number and using the ZapMaid Platform, you agree that we may, to the extent permitted by applicable law, use your mobile phone number for calls and, if such phone number is a mobile number, for text (SMS) messages, in order to assist with facilitating the requested Professional Services. Standard call or message charges or other charges from your phone carrier may apply to calls or text (SMS) messages we send you. You may opt-out of receiving text (SMS) messages from us by replying with the word "STOP" to a text message from us. You acknowledge that opting out of text (SMS) messages may impact your ability to use the ZapMaid Platform.
You agree to ZapMaid’s use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professor or Service Requestor using a telephone number provided by ZapMaid. During this process, ZapMaid and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties’ phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to ZapMaid’s use and disclosure of this call data for its legitimate business purposes.
e. Emails. ZapMaid may send you confirmation and other transactional emails regarding the Professional Services. ZapMaid may also send you emails about services that we think might interest you ("Promotional Emails"). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
3. Payments; ZapMaid Satisfaction Guarantee; Claims.
a. Payments. Users of the ZapMaid Platform contract for Professional Services directly with other Users. ZapMaid is not a party to any contracts for Professional Services. The ZapMaid Platform facilitates these contracts by supplying a medium through which Users can connect with Maids, schedule Professional Services, and make payments for Professional Services ("Payments"). Users are obligated to pay in advance for the Professional Services and/or Merchandise they order through the ZapMaid Platform. Prior to the scheduled Professional Service, we will charge the User's credit card according to the amount the User has agreed to on the ZapMaid Platform with respect to all Professional Services and/or Merchandise, the User has ordered, and for all purchases and payments for reimbursement costs, fees or expenses associated with a Professional Service as well as the Trust and Support Fee (as defined in 3(f) below), and the User hereby authorizes us to charge the credit card on file in the User's ZapMaid Platform account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving ZapMaid (or a third-party payment processor on ZapMaid’s behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe ZapMaid. Depending on the transaction you selected or services requested, ZapMaid may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with ZapMaid at the prices in effect when such charges are incurred.
We retain the right, in our sole discretion, to place a hold on the User's credit card for an ordered or completed Professional Service transaction. Forty eight (48) hours after a Professional Service is completed, if there is no complaint by the User, we will mark the Professional Services as closed. If the User has agreed with the Professional to extend or reduce the hours in or to reschedule a requested Professional Service, the User bears the responsibility for notifying ZapMaid through the ZapMaid Platform. Users must notify ZapMaid either by changing the date or hours of the requested Professional Service through the ZapMaid.
All Payments by Users must be made through the ZapMaid Platform. Any Payments paid outside of the ZapMaid Platform are not subject to our ZapMaid Satisfaction Guarantee in Section 3(d). Except for the ZapMaid Satisfaction Guarantee in Section 3(d), and the Refund Policy in Section 3(e), no refunds or credits will be provided once the User's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Users will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on ZapMaid's income).
b. Job Rate. The rate per hour for a Professional Service ("Job Rate") depends on factors, such as location and how frequently a Recurrent Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently.
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d. ZapMaid Satisfaction Guarantee.
i. The ZapMaid Satisfaction Guarantee is available to Users and is the sole liability of ZapMaid to Users for the performance of Professional Services. If you are not satisfied with the quality of the initial Professional Services requested and paid for through the ZapMaid Platform, then ZapMaid will send another Professional to re-perform the Professional Services ordered at no additional charge to the User.
ii. The ZapMaid Satisfaction Guarantee also provides certain limited additional protections. Pursuant to the ZapMaid Satisfaction Guarantee and subject to the below conditions and limitations, ZapMaid will compensate Users: (a) up to USD $25,000 per occurrence for losses arising from property damage as a direct result of negligence of a Professional during performance of a Professional Service; or (b) Users up to USD $5,000 for losses arising from theft of a User’s property by a Professional during performance of a Professional Service. The Service User is eligible for the ZapMaid Satisfaction Guarantee provided that the User reports the issue within forty eight (48) hours of the Professional Service appointment to our User service by visiting the www.ZapMaid.com/contact.
iii. ZapMaid Satisfaction Guarantee - Conditions & Exclusions; Your Primary Insurance. If you carry insurance that would cover you in the event of a claim, such as renter’s insurance, homeowner’s insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the ZapMaid Satisfaction Guarantee is secondary. The ZapMaid Satisfaction Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance.
iv. Coverage Under the ZapMaid Satisfaction Guarantee. A User will be covered under the ZapMaid Satisfaction Guarantee for every Professional Services, subject to the exclusions below, provided:
The Professional Services is agreed to between a User and a Maid through the ZapMaid Platform, performed by the Maid hired by the User and paid for in full through the ZapMaid Platform;
You have reported the claim within 48 hours of the Professional Services; and
Your ZapMaid account is in good standing with no outstanding balances owed to ZapMaid or Maids.
v. What is excluded from the ZapMaid Satisfaction Guarantee? The “ZapMaid Satisfaction Guarantee” does not cover the following:
losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
losses arising from negligence of a User or third party;
losses arising from a manufacturer’s or a product’s defects;
losses from pre-existing damages or conditions of the item or property;
losses arising from items supplied by the User or due to User recommendations ;
losses arising from flooding and/or water damage including mold, fungi or bacteria;
losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
losses of cash, third party gift cards, and securities;
losses as a result of theft of property in excess of USD 5,000 or any other intentional wrongful act by a Professional;
losses arising from normal wear and tear;
losses for items that retain their functionality;
losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
losses based on sentimental and/or undocumented intangible value;
losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
losses related to repairs outside of the area where the Professional Services were performed;
losses of pets, personal liability or damage to shared or common areas;
losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
losses of theft without a valid police report, if requested by ZapMaid; and losses with insufficient documentation.
vi. How do I submit a Claim? First report of a claim must be made 48 after booking occurs. After first report, you will be asked to complete the full claim form within 7 days of receipt. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During ZapMaid's claims assessment process, you may be required to provide written detailed: (i) proof of ownership of damaged/missing item (ii) proof of value of damaged/missing item and (iii) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send ZapMaid the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact ZapMaid to arrange for an extension of time, Your claim will be considered closed. You also agree to: (i) protect and preserve any damaged property that is the basis of a claim from further damage, (ii) assist and allow ZapMaid or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim, (iii) accept repairs and/or remediation by a Professional, (iv) accept a replacement only if repairs are proven not to be an option, (v) submit requested materials by the dates outlined by the ZapMaid resolutions team, and (vi) accept a replacement item subject to the standard depreciation of that item.
If any part of Your claim is approved, then as a condition to any payment to You under the ZapMaid Satisfaction Guarantee, You will be required to execute and deliver to ZapMaid a release agreement and assign to ZapMaid or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered.
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f. ZapMaid Trust and Support Fee ZapMaid may assess an additional "Trust and Support Fee" to support the ZapMaid Platform, including costs related to background checks, insurance, customer support, and related services provided to you by the ZapMaid Platform. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the ZapMaid Platform (e.g., if you requested a Recurring Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by ZapMaid in its entirety.
4. Term and Termination; Cancellation of Professional Services; Minimum Commitment; Membership; Survival.
a. Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
b. Termination by ZapMaid. We may terminate this Agreement or terminate or suspend your right to use the ZapMaid Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the ZapMaid Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, "Prohibited Conduct") by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the ZapMaid Platform due to any Prohibited Conduct, we will refund in full any payments for ZapMaid services or Professional Services that have not been performed or completed. If we terminate or suspend your account for any reason, 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. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, ZapMaid may delete the account and all the information in it. You have no ownership rights to your account.
c. Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the ZapMaid Platform (provided that there are no outstanding Professional Services ordered under your password or account) and by closing any account you have opened on the ZapMaid Platform. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise canceled as permitted by ZapMaid.
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e. Cancellation Policy for Service Cancellation by User. ZapMaid's cancellation policy for specific Professional Services is as follows: Users may cancel their scheduled Professional Services appointments through the ZapMaid Platform at any time, subject to the following conditions: (i) if a User cancels more than 24 hours before a scheduled Professional Services appointment, there is no cancellation fee; (ii) if a User cancels between 2-24 hours before a scheduled Professional Services appointment, the User will be charged a $15 cancellation fee; and (iii) if the User cancels during the 2 hours before and during a scheduled Professional Services appointment, the User will be charged the full Professional Services amount. A Professional Service appointment may be canceled through the ZapMaid Platform
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g. Policy for Service Cancellation by Professional. When a Professional cancels a scheduled Professional Services appointment, the ZapMaid Platform generally notifies the User and makes the User's Professional Services request available for another Professional to select. However, ZapMaid cannot guarantee that a canceled Professional Services appointment will be selected by another Professional and rescheduled or that the Professional Services request will be completed.
h. Survival. All provisions that should by their nature survive the expiration or termination of this Agreement, including without limitation, Sections 4.h., 8, 10 and 14-23, shall so survive.
6. Submission Areas. The ZapMaid Platform may contain pictures, blogs, message boards, applications, opportunities to provide reviews, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow Users to communicate with other Users and with ZapMaid (collectively, "Submission Areas"). Some areas in the Submission Areas within the ZapMaid Platform will be public and ZapMaid will not be responsible for any information or materials posted in such public areas. ZapMaid may, in its discretion, publicly post submissions you submit to a non-public area of the ZapMaid Platform. You may only use Submission Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. "Your Information" is defined as any information and materials you provide to us or other Users in connection with your registration for and use of the ZapMaid Platform, including without limitation, information and materials that are posted or transmitted for use in Submission Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information: (a) will comply at all times with this Agreement, including but not limited to Section 7 (Rules for Use of the ZapMaid Platform) below, and with Section 2 (Personal Information; User Accounts) above; and (b) will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs), customers, or other partners or suppliers. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Submission Areas from or through your account on the ZapMaid Platform, including but not limited to all images, videos, musical works and text included in such postings. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the ZapMaid Platform. We reserve the right to remove postings from Submission Areas in our sole discretion.
7. Rules for Use of the ZapMaid Platform; Nonsolicitation of Maids.
a. Rules. During the term of this Agreement, Users may use the ZapMaid Platform for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Users may use the ZapMaid Platform to book Professional Services solely with respect to a location where the User is legally authorized to have Professional Services performed. Users may not use the ZapMaid Platform for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Users agree that an order for Professional Services is an offer, which is only accepted when the User receives a confirmation of the order. Users agree to treat Maids courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Maids to enable them to supply Professional Services. Users agree to communicate any complaints to us and not to the Maids. Users agree to comply with our complaint and other policies designated on the Site. Users acknowledge that their selected Professional may be unavailable from time to time, e.g. due to illness, vacation or leaving the ZapMaid platform. Maids agree to provide Professional Services in accordance with all applicable laws and regulations and with the Service Agreement. You shall NOT use the ZapMaid Platform (including but not limited to any Submission Areas) to do any of the following:
1. Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
2. Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
3. Defame, abuse, harass (sexually or otherwise), stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to the Maids, our staff and other Users.
4. Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
5. Use the ZapMaid Platform or any Professional Services for any purpose or in any manner that is in violation of local, state, national, or international law.
6. Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
7. Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the ZapMaid Platform. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Professional Services facilitated through the ZapMaid Platform without express written permission from us.
8. Use the ZapMaid Platform to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
9. Conduct or forward surveys, contests, pyramid schemes, or chain letters.
10. Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
11. Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
12. Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the ZapMaid Platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
13. Restrict or inhibit any other User from using and enjoying the ZapMaid Platform.
14. Imply or state that any statements you make are endorsed by us, without our prior written consent.
15. Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the ZapMaid Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the ZapMaid Platform in any manner, or attempt to do any of the foregoing.
16. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
17. Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
18. Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
19. Register to use the ZapMaid Platform under different usernames or identities, after your account has been suspended or terminated.
20. Mirror or archive any part of the ZapMaid Platform or any content or material contained on the ZapMaid Platform without ZapMaid's written permission.
21. Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
22. Alter transmission data without ZapMaid's consent.
b. Nonsolicitation of Maids; Nondisparagement. When using the ZapMaid Platform and for a period of one (1) year after, each User agrees that it shall not: (a) directly or indirectly contact or solicit Maids for any similar cleaning services; (b) directly or indirectly disclose to any other person, partnership, corporation or association, the names, contact information or addresses of any Maids y; (c) induce or attempt to induce any Maids to leave the ZapMaid Platform or provide fewer Services through the ZapMaid Platform; or (e) make any statement disparaging Maids, ZapMaid or any member, principal, officer, director, stockholder, employee or agent of ZapMaid, to any person, firm, corporation or other business organization whatsoever.
8. No Employment. ZapMaid provides a software platform which allows you to connect with independent Maids. ZapMaid is not the employer of any Maid. You acknowledge that we do not supervise, direct, or control a Maid’s work or Professional Services performed in any manner. A Maid provides services to you as an independent contractor, and is not an employee, joint venture, partner, agent, or franchisee of ZapMaid for any purpose whatsoever.
9. Special Promotions; Gift Cards and Vouchers.
a. Changes to Promotions. We may from time to time provide certain promotional opportunities to Users. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.
b. Promotional Credit
i. Promotional credit is only eligible for the specific services designated by ZapMaid. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. ZapMaid reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit.
ii. ZapMaid promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use the ZapMaid platform. Promotional credits may not be purchased for cash and ZapMaid does not sell Promotional credit. Promotional credit is nonrefundable.
iii. Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
iv. Your ZapMaid account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your ZapMaid account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit.
v. Promotional Credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
c. Referral Credits. In the event that you are given a code through which you may refer a friend to the ZapMaid Platform in exchange for a referral credit, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. ZapMaid referral credits are redeemable only for Professional Services. ZapMaid referral credits have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
i. ZapMaid vouchers or promotional codes for special offers or discounts ("Vouchers") may be available and can be used to pay in part or in full for Professional Services.
ii. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions.
iii. You agree that you will comply with all Voucher terms and conditions.
iv. Use of Vouchers is further subject to the below terms and conditions regarding Gift Cards
e. Gift Cards
i. ZapMaid Gift Cards ("Gift Cards") are redeemable only for Professional Services. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law.
ii. Gift Cards must be presented at the time of purchase and any available balance will be applied to your purchase.
iii. Gift Cards do not expire and there are no inactivity, dormancy or service fees associated with Gift Cards.
iv. You agree that you will comply with all Gift Card terms and conditions.
v. Gift Cards are not replaceable if lost or stolen, and cannot be combined with any other Gift Cards, Vouchers, gift certificates, or other coupons.
vi. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third party items the balance on a credit card.
vii. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. Specifically, you may not purchase or obtain more than $10,000 in Gift Card value in any one day regardless of location, whether on a single Gift Card or multiple Gift Cards. Moreover, you may not purchase or obtain any one Gift Card with a value of more than $2,000 in any one day.
viii. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, and you may not sell a Gift Card or otherwise barter for its exchange although you may give a Gift Card to someone else as a gift.
ix. A Gift Card is void if copied, altered, transferred, purchased or sold.
x. Purchases of Gift Cards are final and not refundable. All sales are final
xi. We reserve the right to correct the balance of a Gift Card if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors.
xiii. In the event you do not use your Gift Card for a certain period of time, we may be required to turn over the remaining Gift Card balance to a state under such state's unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance of your Gift Card under a state's unclaimed property law, by operation of law we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state's unclaimed property administrator to attempt to recover your unused Gift Card balance. To protect your right to continue to use your remaining Gift Card balance, we will make reasonable efforts to exempt your Gift Card from state unclaimed property laws.
10. Intellectual Property Rights. The ZapMaid Platform, and the information, data, content and materials, which it contains ("ZapMaid Materials"), are the property of ZapMaid and/or its affiliates and licensors, excluding User-generated content, which ZapMaid has a right to use as described below. The ZapMaid Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. ZapMaid and/or its affiliates and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the ZapMaid Materials. Any use of ZapMaid Materials, other than as expressly permitted herein, is prohibited without the prior permission of ZapMaid and/or the relevant right holder. The service marks and trademarks of ZapMaid. Any other trademarks, service marks, logos and/or trade names appearing on the ZapMaid Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the ZapMaid Platform without the express prior written consent of the owner.
11. Copyright Complaints and Copyright Agent. ZapMaid respects the intellectual property of others, and expects Users to do the same. ZapMaid will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the ZapMaid Platform infringe upon that person's or entity's copyright or other intellectual property right (such person or entity, a "Complainant") and sends to ZapMaid a properly submitted copyright notice as indicated below, ZapMaid will investigate, and if it determines, in its discretion, that the material is infringing, ZapMaid will remove the content and may terminate the access of the User who posted such content to the ZapMaid Platform in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following:
(i) Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant's ownership of the work, should be included.
(ii) A statement specifically identifying the location of the infringing material, with enough detail that ZapMaid may find it on the ZapMaid Platform. Please note: it is not sufficient to merely provide a top level URL.
(iii) The complete name, address, telephone number and e-mail address of Complainant.
(iv) A statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
(v) A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; (vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.
ZapMaid's contact information for notice of alleged copyright infringement is:
12. The App / Mobile Devices
a. The ZapMaid Platform may allow you to access our services, download our App(s), upload content to the ZapMaid Platform, and receive messages on your mobile device (collectively "Mobile Features"). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.
b. You acknowledge that your use of the Apps is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the App operates (e.g., Apple iOS or Android).
c. ZapMaid is not liable if you do not have a compatible mobile device or if you download the wrong version of an App for your mobile device. ZapMaid reserves the right to terminate the use of the Apps or any other aspect of the ZapMaid Platform should you be using the Apps or the ZapMaid Platform with an incompatible or unauthorized device.
d. App Store Sourced Application.
(i) With respect to Apps accessed through or downloaded from the Apple App Store or Goo ("App Store Sourced Application"), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple's proprietary operating system software); and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. ZapMaid reserves all rights in and to the Apps not expressly granted to you under this Agreement.
(ii) You acknowledge and agree that (i) this Agreement is valid between you and ZapMaid only, and, that Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) ZapMaid, not Apple, is solely responsible for the App Store Sourced Application and the ZapMaid Platform Content.
(iii) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the App Store Sourced Application.
(iv) To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App Store Sourced Application.
(v) Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you acknowledge that, solely as between Apple and ZapMaid, ZapMaid and not Apple is responsible for addressing any claims you may have relating to the App Store Sourced Application, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(vi) Further, you agree that if the App Store Sourced Application, or your possession and use of the App Store Sourced Application, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(vii) You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement for App Store Sourced Applications, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement for App Store Sourced Applications against you as a third-party beneficiary thereof.
(viii) Without limiting any provisions of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
14. Lockbox and ZapMaid Vault
a. Use of Lockbox. ZapMaid has no information about the lockbox codes except for the information inputted by User via the ZapMaid Platform at User’s option. ZapMaid strongly recommends changing the lockbox code after each service. User assumes full responsibility for changing the lockbox code after each service and protecting the identity of the lockbox code from third-parties. User further covenants and agrees that you will not misuse or abuse the lockbox in anyway.
b. No Control. Once User acquires possession of the lockbox, ZapMaid has no immediate or direct physical control over the use of the lockbox and assumes no liability for lockbox failure, or any delays caused by lockbox failure or consequential damages.
c. Key Access. For your security, ZapMaid depends on User to provide and maintain accurate access inputs via the ZapMaid Platform and will only reveal those inputs to Maids who claim User's bookings. Once your key is placed in the lockbox, you agree that your key may be accessed only by you and/or a Maid. You agree that you will not provide lockbox codes and/or access to any third-parties.
d. Permitted and Prohibited Uses. User agrees to only use the lockbox for lawful purposes. You agree to use the lockbox only in a manner consistent with any and all applicable laws, regulations, and ZapMaid’s policies and procedures. ZapMaid reserves the right to investigate and take action against any User who, in ZapMaid’s sole discretion, violates this provision. Such action may include, without limitation, removing User from the ZapMaid Platform.
15. Modifications to the ZapMaid Platform. We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the ZapMaid Platform or any content or information on the ZapMaid Platform with or without notice. We will not be liable to any party for any modification or discontinuance of the ZapMaid Platform.
16. Confidentiality. The term "Confidential Information" shall mean any and all of ZapMaid's trade secrets, confidential and proprietary information, personal information and all other information and data of ZapMaid that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The ZapMaid Platform contains secured components that are accessible only to those who have been granted a user name and password by ZapMaid. Information contained within the secure components of the ZapMaid Platform is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of ZapMaid and agree that you will not use Confidential Information other than as necessary for you to make use of the ZapMaid Platform as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify ZapMaid in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to ZapMaid upon termination of this Agreement for any reason whatsoever.
17. Disclaimer of Warranties; Limitation on Liability.
a. USE OF THE ZAPMAID PLATFORM IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ZAPMAID 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 OR GENERAL PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER ZAPMAID NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE ZAPMAID PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE ZAPMAID PLATFORM; NOR DO THEY MAKE ANY WARRANTY AS TO ANY MAID'S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ZAPMAID PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, PROFESSIONAL SERVICES, OR ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE ZAPMAID PLATFORM OR THIS AGREEMENT. ACCESS TO THE ZAPMAID PLATFORM IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER ZAPMAID NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE ZAPMAID PLATFORM (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY USERS OR MAIDS). NEITHER ZAPMAID NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE ZAPMAID PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. ZAPMAID AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
B. NO LIABILITY. YOU AGREE NOT TO HOLD ZAPMAID, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, "MEMBERS") LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, "LIABILITIES") THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE ZAPMAID PLATFORM AND/OR PROFESSIONAL SERVICESS OR MERCHANDISE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY ZAPMAID OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL ZAPMAID OR MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE ZAPMAID PLATFORM OR ANY SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. ZAPMAID AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE ZAPMAID PLATFORM, THE PROFESSIONAL SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ZAPMAID OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO ZAPMAID DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
C. RELEASE. ZAPMAID AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE ZAPMAID PLATFORM. THE ZAPMAID PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. TO THE EXTENT THAT THE ZAPMAID PLATFORM CONNECTS A USER TO A THIRD PARTY PROVIDER FOR THE PURPOSES OF PROVIDING MERCHANDISE HEREUNDER, ZAPMAID WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE ZAPMAID FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY SERVICE PROVIDER. BECAUSE ZAPMAID IS NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS OR IN THE COMPLETION OF ANY PROFESSIONAL SERVICES, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE ZAPMAID AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT 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 DISPUTE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
D. ADDITIONAL DISCLAIMER. THE QUALITY OF THE PROFESSIONAL SERVICES AND/OR THE MERCHANDISE SCHEDULED OR REQUESTED THROUGH THE USE OF THE ZAPMAID PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE MAID WHO ULTIMATELY PROVIDES SUCH PROFESSIONAL SERVICES TO YOU AND/OR THE THIRD PARTY MERCHANDISE PROVIDER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE ZAPMAID PLATFORM, YOU MAY BE EXPOSED TO PROFESSIONAL SERVICES AND/OR MERCHANDISE THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE ZAPMAID PLATFORM, AND SUCH MAID, AT YOUR OWN RISK.
NOTHING IN THIS AGREEMENT OR THE ZAPMAID PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE MAID.
BY USING THE ZAPMAID PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE ZAPMAID PLATFORM.
YOU ACCEPT THAT, AS A CORPORATION, ZAPMAID HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND CONTRACTORS. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST ZAPMAID’'S OFFICERS, DIRECTORS, EMPLOYEES OR CONTRACTORS IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE ZAPMAID'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, CONTRACTORS AND SUB-CONTRACTORS AS WELL AS ZAPMAID.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
18. Indemnification. You hereby agree to indemnify, defend, and hold harmless ZapMaid, its licensors, and each such party's directors, officers, managers, parent organizations, subsidiaries, affiliates, stockholders, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the ZapMaid Platform, any Merchandise and/or any Professional Services, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Maids), and (v) Your Information and content that you submit or transmit through the ZapMaid Platform. ZapMaid reserves the right, 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 such claim or matter without the prior written consent of ZapMaid.
19. Mutual Arbitration Agreement.
a. Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and ZapMaid, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and ZapMaid may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to ZapMaid.
b. Arbitration. If a Dispute is not resolved through Informal Negotiations, you and ZapMaid agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, ZapMaid, at its option, will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Section d below.
c. Excluded Disputes. You and ZapMaid agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
d. WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION.
You and ZapMaid agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
e. Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
f. Severability. You and ZapMaid agree that if any portion of this section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed and the remainder of this section 18 will be given full force and effect.
20. Governing Law; Jurisdiction. Except for the Arbitration Agreement in Section 18, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of Delaware, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within Orleans Parish, Louisiana.
21. Assignment. This Agreement 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 shall inure to the benefit of permitted successors and assigns.
22. General Provisions. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and ZapMaid with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. You agree that regardless of any statute or law to the contrary, any Dispute, claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such Dispute, claim or cause of action arose or be forever barred. All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the U.S. Mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows: Your address for such notices is your email address and/or physical address that you have provided to ZapMaid. The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This Agreement shall not be modified except in writing signed by both parties or by means of a new posting by ZapMaid, as described below. This Agreement shall be interpreted as if jointly drafted by the parties. ZapMaid shall have no liability to you for any failure or delay in performing its obligations in this Agreement where such failure or delay is caused by an event or circumstance beyond ZapMaid's reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of Maids to perform, flood, fire, explosion, acts of terrorism or accident.
23. Changes to this Agreement. We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the ZapMaid Platform. Your continued use of the ZapMaid Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
24. Severability These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
25. Contact Information. If you have any questions regarding this Agreement, please contact us at info@ZapMaid.com
Last updated: December 26, 2017