Terms and Conditions


Last updated: August 29, 2017

Thank you for using Careeb!These Terms of Service (“Terms”) govern your use of the Careeb services,including our website, our mobile applications, and any websites (or portionsthereof) or mobile applications that are operated by Careeb (the “Services”).

By using the Services, youagree to be bound by these Terms and acknowledge our Privacy Policy,which explains how we collect, use, and share information.

The Services comprise aplatform that presents you with a set of one or more retailer virtualstorefronts from which you can select goods for picking, packing and deliveryby individual personal shoppers (“Personal Shoppers”) to your location or, ifavailable, for you to pick up in-store. In some cases, picking, packing ordelivery services may be performed by third parties including a retailer orthird party logistics provider (collectively, “Third Party Providers”).

When you use the Services toplace an order for products, you authorize the purchase and delivery of thoseproducts from the retailers you select. Unless otherwise specified, youacknowledge and agree that Careeb and the Personal Shopper are acting as youragents in picking, packing and/or delivery of goods purchased by you and arenot the seller of the goods to you. You agree that your purchase is being madefrom the retailer you have selected, that retailer is the merchant of record,and that title to any goods passes to you when they are purchased at theapplicable retailer’s store. You agree that Careeb or the applicable retailerwill obtain a credit card authorization for your credit card (in case of creditcard usage) on file with us to cover the cost of the goods you have purchasedfrom the retailer and any separate Careeb fees, and your card will be chargedfor the goods purchased by you and any applicable fees.

You also acknowledge and agreethat, except as expressly provided for otherwise in these Terms or a separateagreement between you and Careeb, Careeb does not form any employment or agencyrelationship with you and does not hold title to any goods that you orderthrough the Services.

1. Your Use of the Services

Careeb grants youa limited, non-exclusive, non-transferable, and revocable license to use theServices for their intended purposes subject to your compliance with theseTerms and our policies. You may not copy, modify, distribute, sell, or leaseany part of the Services. Unless such restriction is prohibited by law or youhave our written permission, you may not reverse engineer or attempt to extractthe source code of the Services. You may only access the Services through theinterfaces that we provide for that purpose (for example, you may not “scrape”the Services through automated means or “frame” any part of our Services), andyou may not interfere or attempt to disrupt our Services.

Some parts of ourServices may allow you to upload or submit content (such as text, images,video, recipes, lists, links, and other materials). You retain all rights inany content that you upload or submit, and are solely responsible for thatcontent. You grant Careeb a non-exclusive, royalty-free, worldwide,transferable, sub-licenseable license to use, store, publicly display, publiclyperform, reproduce, modify, create derivative works from, and distribute anysuch content for the purposes of operating, providing, and improving theServices. Careeb may, in its sole discretion, remove or take down any contentthat you upload or submit to the Services for any reason, including violationof these Terms or any other policies.

You may have theoption of accessing the Services through downloadable software and thissoftware may update itself automatically on your device. Some software, orportions of software, in our Services may be governed by open source licenses.In that case, we will make such licenses available to you and, in the case ofconflict between such a license and these Terms, the open source license willcontrol but only with respect to the software, or portion of the software, towhich it applies.

If you are using Careebon behalf of a business or other entity, you represent and warrant that youhave the necessary authority to bind that business or entity to these Terms andthat you are agreeing to these Terms on behalf of that business or entity.

In order to usethe Services, you may need to create a user account. You agree that you areresponsible for all conduct and transactions that take place on or using youraccount and that you will take precautions to keep your password and otheraccount information secure. Careeb reserves the right to decline orders, refusepartial or full delivery, terminate accounts, and/or cancel orders at any timein its sole discretion.

We’re constantlymodifying and improving our products. We may introduce new features, changeexisting features, or remove features from the Services at any time and withoutnotice. If you provide us with any feedback on or comments regarding theServices, you grant Careeb the right to use such feedback or comments for anypurpose without restriction or payment to you.

2. Careeb Communications

By creating a Careeb useraccount, you agree to accept and receive communications from us, including viae-mail, text message, calls, and push notifications to the cellular telephonenumber you provided to us. You understand and agree that you may receivecommunications generated by automatic telephone dialing systems and/or whichwill deliver prerecorded messages sent by or on behalf of Careeb, itsaffiliated companies and/or Shoppers, including but not limited to communicationsconcerning orders placed through your account on the Careeb platform. If you donot wish to receive promotional emails, text messages, or other communications,you may opt out of such communications at any time in Your Account settings.You may also opt-out of receiving text messages from Careeb by notifying ourteam.

3. Careeb Coupons

Careeb Coupons aremanufacturer’s coupons that are automatically applied to qualifying productsupon purchase to help users save money on the products they love. Coupons areavailable for a limited time only and may be subject to certain restrictions.Coupons are subject to change, cancellation or expiration at any time. If youdo not purchase the qualifying items added to your cart while the Coupon isstill in effect, the discount will not apply. Coupons apply only to qualifyingitems displaying the offer and may not be combined with other promotionaloffers or mail-in rebates. Careeb is not a retailer or seller. Coupons areissued and paid by the manufacturer of the advertised product. The user isrequired to pay any applicable sales tax related to use of the Coupon. WhenCoupons are redeemed, sales tax may be charged on the undiscounted originalprice of the product. Coupons may not be sold, copied, modified, or transferred.A Coupon has no cash value. Coupons good while supplies last. Void whererestricted or prohibited by law.

4. Third-party Products and Content

You agree that Careeb does notassume responsibility for any products, content, services, websites,advertisements, offers, or information that is provided by third parties andmade available through the Services. If you purchase, use or access any suchproducts, content, services, advertisements, offers, or information through theServices, you agree that you do so at your own risk and that Careeb will haveno liability based on such purchase, use or access.

5. SERVICE PROVIDED AS-IS AND RELEASE OF CLAIMS

THE SERVICES AREPROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENTPERMITTED BY APPLICABLE LAW, CAREEB DISCLAIMS ALL REPRESENTATIONS ANDWARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. INADDITION, CAREEB MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THERELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES,ANY SERVICES PROVIDED BY PERSONAL SHOPPERS OR THIRD PARTY PROVIDERS, OR GOODSREQUESTED THROUGH THE USE OF THE SERVICES FROM RETAILERS, OR THAT THE SERVICESWILL BE UNINTERRUPTED OR ERROR-FREE. CAREEB DOES NOT GUARANTEE THE QUALITY,SUITABILITY, SAFETY OR ABILITY OF PERSONAL SHOPPERS, THIRD PARTY PROVIDERS, ORRETAILERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THESERVICES, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS OR THIRD PARTY PROVIDERS,OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, REMAINS SOLELY WITH YOU.

YOU AGREE THATNEITHER CAREEB NOR ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, OR SUPPLIERS ISRESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY PERSONAL SHOPPER OR THIRD PARTYPROVIDER OR FOR ANY SERVICES PROVIDED BY ANY PERSONAL SHOPPER OR THIRD PARTYPROVIDER. NEITHER CAREEB NOR ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, ORSUPPLIERS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTIONWITH THE ACTS OR OMISSIONS OF ANY PERSONAL SHOPPER OR THIRD PARTY PROVIDER.

If you have adispute with one or more Personal Shoppers or Third Party Providers, you agreeto release Careeb (including our affiliates, and each of our respectiveofficers, directors, employees, agents, shareholders, retail partners,licensors, and suppliers) from any claims, demands and damages of every kindand nature, known and unknown, suspected and unsuspected, disclosed andundisclosed, arising out of or in any way connected to such disputes.

 

6. LIMITATION OF LIABILITY

IN NO EVENT SHALL CAREEB(INCLUDING OUR AFFILIATES, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS,EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BELIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECTDAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSSOF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENTMAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THECOST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTIONWITH THE THE SERVICES, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE,EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL CAREEB(INCLUDING OUR AFFILIATES, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS,EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BELIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/ORCONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILYINJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR USEOF THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS OR THIRD PARTYPROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, EVEN IF WE OROUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES.

7. Indemnification

You agree todefend, indemnify and hold harmless Careeb and its officers, directors,employees, agents, shareholders, affiliates ,and retail partners (each, an"Indemnified Party") from and against any losses, claims, actions,costs, damages, penalties, fines and expenses, including without limitationattorneys' and experts’ fees and expenses, that may be incurred by an IndemnifiedParty arising out of, relating to or resulting from your unauthorized use ofthe Services or from any breach by you of these Terms, including withoutlimitation any actual or alleged violation of any law, rule or regulation.

 

8. Termination

You can stop usingthe Services at any time and without notice to us. Similarly, we may terminateaccess to the Services to you or any other users or stop offering the Serviceat any time without notice.

 

9. Entire Agreement & Severability

These Terms,subject to any amendments, modifications, or additional agreements you enterinto with Careeb, shall constitute the entire agreement between you and Careebwith respect to the Services and any use of the Services. If any provision ofthese Terms is found to be invalid by a court competent jurisdiction, thatprovision only will be limited to the minimum extent necessary and theremaining provisions will remain in full force and effect.

10. No Waiver

Careeb’s failure to monitor orenforce a provision of these Terms does not constitute a waiver of its right todo so in the future with respect to that provision, any other provision, orthese Terms as a whole.

11. Assignment

You may not assignany of your rights, licenses, or obligations under these Terms. Any suchattempt at assignment by you shall be void. Careeb may assign its rights,licenses, and obligations under these Terms without limitation.

12. Changes to the Terms

We may make changes to theseTerms from time to time. When we do so, we will post the most current versionof the Terms on our website and, if a revision to the Terms is material, wewill notify you of the new Terms (for example, by email or a notification onour Services). Changes to these terms will not apply retroactively. If you donot agree to the modified terms, you should discontinue your use of theServices.

13. Copyright Policy

Careeb respectsthe intellectual property rights of others and has implemented a copyrightpolicy in accordance with relevant laws. Careeb will respond to valid noticesof copyright infringement and reserves the right to terminate any users, at oursole discretion and without notice, who repeatedly infringe copyrights or otherintellectual property rights of others.

If you believe anycontent posted or made available on the Careeb Services constitutesinfringement of your copyright rights, you may send a written notice ofinfringement to Careeb’s designated Copyright Agent using the contactinformation listed below. In your notice, please specify the nature of thecopyright infringement and include the following information: (a) an electronicor physical signature of the owner of the copyright in question or a personauthorized to act on behalf of the owner of the copyright; (b) a description ofthe claimed infringing material as well as identification of the claimedinfringing material, including the location of such material on the CareebServices (e.g., the URL of the claimed infringing material if applicable orother means by which we may locate the material); (c) complete contactinformation, including the name of the owner of the copyright and your name,title, address, telephone number, and email address; (d) a statement that youhave a good faith belief that the disputed use is not authorized by thecopyright owner, its agent, or the law; and (e) a statement, made under penaltyof perjury, that the information provided in your notice is accurate and thatyou are the copyright owner or authorized to act on behalf of the owner.

14. Return Policy

Careeb not justmake it a point to give incredible services to the customers but also envisionssurpassing customer expectations. Team Careeb understands that shopping onlinehas become a risky business and often times customers do not get what theyorder. In order to take that risk out of the equation, Careeb has a fairly easyReturn Policy where customer may return the order and demand exchange or completerefund if the description of the good did not match the product itself. Theorder may be returned to Careeb direct rider in case of direct delivery or sendit back to the office via courier if the delivery was made via third partyoperator.