Last Updated: 05/17/17
- Please read these Terms and any applicable Additional Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety whether or not you register as a user of the Site or Services (“Registered Users”).
For purposes of these Terms, and except to the extent expressly excluded below, the “Site” shall mean www.TheHelperBees.com and any other websites, web pages, mobile applications and mobile websites operated by TheHelperBees (“we”) in the United States and the “Services” shall mean any of the various services that TheHelperBees provides through the Site or any other channels, including without limitation, over the telephone.
1 Description of TheHelperBees
TheHelperBees is a software as a service [SaaS] product designed to help seniors and their families find, coordinate, and pay for in-home care via an on-line platform.. The Services we offer include, among others:
- We enable individuals offering senior services (“Helpers”) to make themselves available to the clients who may need their services. In addition to this Agreement, all Helpers must sign a separate User Agreement with TheHelperBees.
- We enable individuals seeking senior services (“Seniors”) to find Helpers that may fulfill their needs. In the context of this document, the term “Seniors” refers to any client seeking senior services regardless of their age. In addition to this Agreement, all Seniors
must sign a separate User Agreement with TheHelperBees.
2 Limitations of our Services
We do not employ any Helpers (the individuals who provide senior services). Seniors are are responsible for compliance with all laws in connection with any employment relationship they may establish with Helpers (such as applicable payroll, tax and minimum wage laws).
We do not have control over the quality, timing, or legality of the services actually delivered by Helpers, or of the integrity, responsibility or actions of Seniors or Helpers and we neither refer or recommend Seniors or Helpers nor make any representations about the suitability, reliability, timeliness, and accuracy of the services provided by Helpers or the integrity, responsibility or actions of Seniors or Helpers whether in public, private or offline interactions.
Senior and Helper content is primarily user generated, and we do not control or vet user generated content for accuracy. TheHelperBees does not assume any responsibility for the accuracy or reliability of any information provided by Helpers or Seniors on or off this Site.
TheHelperBees is not responsible for the conduct, whether online or offline, of any Senior, Helper or other user of the Site or Services. Moreover, TheHelperBees does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. All users, including both Seniors and Helpers, hereby expressly agree not to hold TheHelperBees (or TheHelperBees’s officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, or your employer, if you enrolled in TheHelperBees through their employer’s benefits program, hereinafter “Affiliates”) liable for the actions or inactions of any Senior, Helper or other third party or for any information, instruction, advice or services which originated through the Site, and, to the maximum extent permissible under applicable law, TheHelperBees and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
3 User Responsibilities
Any screening of a Senior or Helper and his, her or its information by TheHelperBees is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual’s or entity’s suitability to the other. Users are solely responsible for verifying information provided to ensure they are matched appropriately.
Each Senior is responsible for complying with all applicable laws in connection with any employment relationship they may establish with a Helper
To be eligible to use our Services, you must meet the following criteria:
- Our Services are available only to individuals who are eighteen (18) years of age or older. If you do not meet the above age requirements, do not register to use the Site or Services.
- The Site and the Services are currently available only to individuals who are legally in the jurisdiction of the United States or the territory of Puerto Rico. If you reside outside the United States or Puerto Rico, visit our Site homepage for a listing of other countries where TheHelperBees subsidiaries or affiliates offer similar services.
- If you are registering to be a Helper, you must be permitted to legally work within the United States.
- Neither the Helper nor any Senior or member of the Senior’s household has ever been (i) convicted of any felony or criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others or dishonesty, or (ii) registered, or currently required to register, as a sex offender with any government entity.
- You must not be a competitor of TheHelperBees or using our Services for reasons that are in competition with TheHelperBees.
- If you are an individual Senior you must not have had fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year.
3.2 Representations and Warranties
By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the eligibility criteria set forth in Section 3.1 above.
4 Rules for User Conduct and Use of Services
4.1 Registration, Posting, and Content Restrictions
The following rules pertain to “Content”, defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through the Site or Services, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, “post”). By transmitting and submitting any Content while using our Service, you agree, represent and warrant as follows:
- You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services.
- You will register your account in your own legal name, even if you are seeking help for another individual or family member.
- All Content you post will be in English as the Site and Services are not currently supported in any other languages.
- You are solely responsible for any Content that you post on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from TheHelperBees where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to TheHelperBees or to any other user of the Site, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others.
- You understand and agree that TheHelperBees may, in its sole discretion, review and delete any Content, in each case in whole or in part, that in the sole judgment of TheHelperBees violates these Terms or which TheHelperBees determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others.
- You have the right, and hereby grant, to TheHelperBees, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by TheHelperBees will not infringe or violate the rights of any third party.
- Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
- TheHelperBees is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.
- We welcome your feedback and questions about the Site and Services. However, you agree that any comments, ideas, messages, questions, suggestions, or other communications you send to us or share with us through any channel (including, without limitation, the Site, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of TheHelperBees and we may use all such communications, all without notice to, consent from, or compensation to you.
- Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by TheHelperBees, are those of their respective authors. Such authors are solely responsible for such content. TheHelperBees does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will TheHelperBees or its Affiliates be responsible for any loss or damage resulting from: a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or b) reviews or comments made about you on the Site by other users.
You agree that TheHelperBees has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these Terms. You may not terminate your registration and re-register in order to prevent a review from being associated with your account. The author of a review can always remove or request removal of a review they have written.
To the maximum extent permitted by law, TheHelperBees disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any users of the site. Users hereby represent, understand and agree to hold TheHelperBees harmless for any misstatements and/or misrepresentations made by or on behalf of them on this site or in any other venue.
4.2 Exclusive Use
If you are a Senior, you may use your account only to find care for yourself, your parents, your grandparents, or individuals for whom you are otherwise the legal guardian. If you are a Helper, you may use your account only to find care jobs for yourself. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.
4.3 Prohibited Uses
By using the Site or Services of TheHelperBees, you agree that you will not under any circumstances:
- use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the Site or Services for any unlawful purpose, for any purpose not expressly intended by TheHelperBees or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user’s TheHelperBees account;
- provide false or inaccurate information when registering an account on TheHelperBees, using the Services or communicating with other Registered Users;
- attempt to re-register with TheHelperBees if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account;
- interfere or attempt to interfere with the proper functioning of TheHelperBees’s Services;
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
- use the communication systems provided by or contacts made on TheHelperBees for any commercial solicitation purposes;
- publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
In order to protect our users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the amount of phone numbers a Senior may view or the amount of emails a user may send in any 24-hour period to an amount which we deem appropriate in our sole discretion.
Should TheHelperBees find that you violated any terms stated herein, TheHelperBees reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services. By using the Site and/or Services, you agree that TheHelperBees may assess, and you will be obligated to pay, a $10,000 daily penalty for scraping, either in a manual or automatic manner, Helper or Senior information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise mis-using or mis-appropriating Site content, including but not limited to, use on a “mirrored”, competitive, or third party site. This fee shall be in addition to any other rights TheHelperBees may have under these Terms or applicable law.
Further, in order to protect the integrity of the Site and the Services, TheHelperBees reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
5 Termination of Registration
Should TheHelperBees determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a Registered User, or have mis-used or mis-appropriated Site content, including but not limited to use on a “mirrored,” competitive, or third-party site, TheHelperBees reserves the right, at its sole discretion, to immediately terminate your access to all or part of the TheHelperBees Site and/or Services, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in TheHelperBees, with or without notice. Upon termination, TheHelperBees shall be under no obligation to provide you with a copy of any content posted by or about you on the Site.
In any event, TheHelperBees also reserves the right, in its sole discretion, to terminate your access to all or part of the TheHelperBees Site and/or Services, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in TheHelperBees, for any reason or no reason, with or without notice. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.
Following any termination of any individual’s use of the Site or the Services, TheHelperBees reserves the right to send a notice thereof to other Registered Users with whom we believe the individual has corresponded.
Our decision to terminate an individual’s registration and/or to notify other Registered Users with whom we believe the individual 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 mode of living.
7 Links To External Sites
Links from the Site to external sites (including external sites that are framed by TheHelperBees) or inclusion of advertisements do not constitute an endorsement by TheHelperBees of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users’ reference and convenience.
Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. TheHelperBees does not control such sites, and is not responsible for their content. Just because TheHelperBees has hyperlinks to such sites does not mean that TheHelperBees endorses any of the material on such sites, or has any association with their operators.
8 Payment And Refund Policy
In order to utilize some TheHelperBees Services or product offerings, the user of such Services or product offerings must pay TheHelperBees fees as outlined on the Site. In addition, the user is responsible for any state or local sales taxes associated with the Services or product offerings purchased.
8.1 Billing and Payment
You authorize TheHelperBees to charge your chosen payment provider according to the terms of the service you use. TheHelperBees 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 or product offerings we may offer for a fee, you authorize TheHelperBees to charge your chosen payment provider for the Services and/or products you purchase. You agree that if TheHelperBees 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.
The Helper Bees uses Stripe for payment processing services. By using the Stripe payment processing services you agree to the Stripe Connected Account Agreement available at https://stripe.com/connect/account-terms.
The Helper Bees uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/cea-wells.
8.2 Refund Policy
Except as set forth below or as described on the Site at the time you subscribe, all payments for services/products are non-refundable and there are no refunds or credits for unused or partially used services/products or service/product cancellations.
9 Release of Liability for Conduct and Disputes
We are not an employer of Helpers. Seniors may seek the services of a Helper through the use of the Site or Services, and Helpers may post profiles and submit proposals to Seniors regarding their services. Any issues concerning the conduct of a Senior or Helper including, without limitation, the services received by the Senior or payment due to the Helper, must be resolved directly by the Senior and the Helper. TheHelperBees will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site or our Services, you hereby represent, understand, and expressly agree to hold TheHelperBees harmless for any claim or controversy that may arise from any disputes between you and any Senior, Helper or other user(s) of the Site. You agree to take reasonable precautions in all interactions with Seniors, Helpers or other users of the Site or the Services, particularly if you decide to meet offline.
10 Age Restrictions
TheHelperBees is intended for people 18 or over and Seniors and Helpers should monitor children’s use of the Internet and deny access to the Site to anyone under the age of 18. TheHelperBees will not knowingly collect any information from individuals under 18. You must identify your age during the registration process, and we do not assume any responsibility for any misrepresentations regarding your age when using this Site. Should we determine that you do not meet the age requirements for using our Site or Services, your registration will be terminated.
11 Disclaimers; Limitations; Waivers; Indemnification
11.1 No Warranty
The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is,” “as available.” Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by TheHelperBees, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THEHELPERBEES DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN THEHELPERBEES; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THEHELPERBEES EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.
IN ADDITION AND WITHOUT LIMITING THE FOREGOING, THEHELPERBEES MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS A HELPER OR TO UTILIZE THE SERVICES OF A HELPER.
WITH RESPECT TO CORPORATE SENIORS, THE INFORMATION AND MATERIAL CONTAINED ON THE SITE IS PROVIDED FOR YOUR INTERNAL USE ONLY AND MAY NOT BE COPIED OR REDISTRIBUTED FOR ANY REASON. THIS INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE INFORMATION IS THE INTELLECTUAL PROPERTY OF THE CORPORATE SENIOR, THEHELPERBEES OR ITS INFORMATION PROVIDERS. IN NO EVENT WILL THEHELPERBEES OR ITS INFORMATION PROVIDERS BE LIABLE IN ANY WAY WITH REGARD TO SUCH INFORMATION. YOUR USE OF THE INFORMATION MUST IN ALL CASES COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
11.2 Assumption of Risk
You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with users of the Site or the Services. You agree to take all necessary precautions when interacting with other site visitors or Registered Users.
11.3 Limitation of Liability
Incidental Damages and Aggregate Liability. In no event will TheHelperBees be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email 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 Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if TheHelperBees, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL THEHELPERBEES’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR SERVICES, OR, IF YOU HAVE NOT PAID THEHELPERBEES FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 OR ITS EQUIVALENT.
No Liability for non-TheHelperBees Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THEHELPERBEES 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 SITE OR THE SERVICES, 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 SITE OR SERVICES, 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 these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. TheHelperBees 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 Site. 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.
12 Copyright Notices/Complaints
It is TheHelperBees’s policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting TheHelperBees’s copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
TheHelperBees’s agent for copyright issues relating to this Site can be reached at [email protected]
13 Governing Law and Jurisdiction
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
15 Text Messages
TheHelperBees may send Members SMS text messages in connection with the Services or otherwise. Receipt of the SMS text messages from TheHelperBees is voluntary. By deciding to receive SMS text messages from TheHelperBees, You give TheHelperBees express permission to send SMS text messages to Your cellular phone and/or mobile device. Additionally, You do hereby represent, understand and expressly agree that TheHelperBees does not have control over or assume any responsibility for the quality, accuracy, or reliability of this Service. Carrier charges may apply for receiving SMS text messages. You are solely responsible for any costs You incur when receiving SMS text messages from HomeHero.
16 Contact Information
If you have any questions or need further information as to the Site or Services provided by TheHelperBees, or need to notify TheHelperBees as to any matters relating to the Site or Services please contact TheHelperBees at: [email protected]