Terms of Service for Senior Zoom LLC
Terms of Service for Senior Zoom LLC
Updated: February, 2019
These Terms of Service (“Terms”) describe the terms and conditions under which you (“Clients”, “you”, or “your” and the “Members” on behalf of whom Clients may sometimes order Services) may access and use Senior Zoom, LLC (“Senior Zoom”) Services.
THE SENIOR ZOOM SERVICES
Senior Zoom is a phone-based Concierge service that orders on-demand vehicular transportation (“Rides”) for its Members. The Rides are provided by a third-party service. In no event will Senior Zoom be responsible or liable for any products and services of such third party providers. Senior Zoom shall not be liable if any third- party service deprecates or changes native features, functionalities, or policies that affects Senior Zoom Services. Client and Member agree and authorize Senior Zoom to accept any required third-party terms on Client’s and Member’s behalf (e.g. accepting Lyft’s Terms of Service) in order for Senior Zoom to perform the Services requested by Client or Member. Links to or copies of any such terms will be provided upon request.
You acknowledge that the Services are not a medical service or advice and are not intended to replace or substitute for any professional or medical advice. Any information provided as part of the Services may not be relied on as medical advice, and you should consult with an appropriately trained professional or medical provider for all concerns that require professional or medical advice. In the course of providing services, Senior Zoom collects certain information about the Member and, as part of the service, transmits that information to you and others. All information is collected and transmitted for your convenience only, and Senior Zoom is not responsible for taking action on any information that Senior Zoom collects or observes.
For individuals to use Senior Zoom Concierge Services, individual Clients and/or Members must register for and maintain a personal account. The account will require Clients and/or Members to submit personal information as well as a valid payment method. If an account is not kept up to date, or if a Client’s and/or Member’s payment method is not valid, the Client’s and/or Member’s account with Senior Zoom may be either suspended or terminated.
An account may not be shared by more than 1 individual except by Members of the same household with the same mailing address and residing at the same permanent address.
In some cases you may be asked to confirm your identity in order to access services, and Senior Zoom reserves the right in its sole discretion to deny access to Services if you cannot prove identity.
For “Groups” or communities to use Senior Zoom Concierge Services, the group or community must create and maintain a “Group Account” that represents individual Members within the Group. Groups will provide Senior Zoom with the names and phone numbers of the Members within their group. The account will require Groups to submit a valid payment method. If an account is not kept up to date, or if a Group’s payment method is not valid, the Group’s account with Senior Zoom may be either suspended or terminated.
Groups are responsible for authorizing, ordering, scheduling, and paying for Members’ rides. Senior Zoom will consider a ride “authorized” if it is ordered or approved by an employee or representative of the Group.
Senior Zoom Concierge Services is not responsible for communicating directly with Group Members.
In some cases Groups and/or Group Members may be asked to confirm their identity in order to access services, and Senior Zoom reserves the right in its sole discretion to deny access to Services if they cannot prove identity.
Charges for your use of the Senior Zoom Concierge Services pass through third party providers plus an agreed-upon markup. After a Member has received Services, Senior Zoom will pay the third-party provider on the Member’s behalf. Senior Zoom, using the payment method on file in the Member’s account, will then charge All fees for the third party provider along with Senior Zoom’s Agreed upon Concierge Fee. Payments are due immediately. If a Member’s payment method is invalid, Senior Zoom will make all reasonable efforts to contact the Member to update the payment information. If unsuccessful, Senior Zoom will suspend the account until the Member has updated his/her payment information. Failure to do so after a certain period may result in account termination.
Before Senior Zoom orders a Ride on behalf of a Member, the concierge can provide a cost estimate to the Member upon request, or the Client ordering the Ride on behalf of the Member. These cost estimates are provided by the third-party provider and are not guaranteed. Costs may vary as the third-party provider’s costs may vary, for example, if the Member’s destination changes en route or if the Member chooses to make an unexpected stop along the way. If the Member decides not to proceed with the Ride purchase, Senior Zoom will not levy the Concierge service fee on the Member.
If a Ride has been ordered and then cancelled, the third party provider may levy a cancellation fee, which will be passed through to the Client or Member, along with the Senior Zoom service fee.
If a Ride has been scheduled in advance and the scheduled ride is cancelled prior to Senior Zoom ordering the ride, no charge will apply.
If, after ordering a Ride, the driver is unable to locate the Member or the Member is not outside to meet the driver, Senior Zoom will call the driver and/or the Member and attempt to coordinate the pickup. If there is a problem with the pickup and the driver cancels the Ride, Senior Zoom reserves the right to levy the third party cancellation fee, which will be passed through to the Client or Member, along with Senior Zoom’s Concierge service fee at Senior Zoom’s sole discretion.
Senior Zoom will communicate with its Clients and Members on the phone line designated by the Member, but the service is optimized to communicate via mobile phone, including text messaging. Both Senior Zoom and third-party service providers will send text messages to the Client and/or Member unless the Client and/or Member has opted out, which will be respected. The Member is responsible for their own mobile network’s messaging rates if they accept these messages. Standard voice and data charges from your phone carrier may apply to these calls and texts.
PRIVACY & CONFIDENTIALITY
Senior Zoom gathers personal information as needed to provide Service to its Members. Senior Zoom will not share or sell this information. Members who choose to terminate their service agreement with Senior Zoom may request the deletion of their information by sending an email request to Admin@senior-zoom.com. Confidentiality is important to us and we’ll use your confidential information solely for the purpose for which it is provided and as permitted under these Terms; not disclose your confidential information to a third-party unless they need it to do their job (e.g. Lyft to get you where you’re going!) and we’ll maintain the secrecy of it to the same extent (but using no less than a reasonable degree of care) that we protect our own confidential information of a similar nature. Your Credit Card Information on file will never be disclosed to anyone outside Senior Zoom LLC Without your permission
We expect the same from you and will hold you to it.
Members’ account information is password-protected. Senior Zoom uses industry-standard SSL encryption.
TERM AND TERMINATION
Senior Zoom memberships are valid for a 30-day period and will automatically renew unless the Member requests termination over the phone or by emailing firstname.lastname@example.org. Terminations will be made at the end of the current 30-day period; Senior Zoom will not pro-rate membership fees for early termination.
If Senior Zoom deems, in its sole discretion, that a Member is abusing the service, Senior Zoom reserves the right to terminate a Member’s account without notice. Senior Zoom will not refund nor pro-rate membership fees for an account that is cancelled due to abuse.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, (I) SENIOR ZOOM LLC EXPRESSLY DISCLAIMS AND MAKES NO ADDITIONAL REPRESENTATION, WARRANTY, CONDITION OR OTHER CONTRACTUAL TERM (COLLECTIVELY, “PROMISES”) OF ANY KIND WHETHER EXPRESS, IMPLIED, OR STATUTORY, AND (II) THE SERVICE MADE AVAILABLE BY SENIOR ZOOM UNDER THIS AGREEMENT ARE PROVIDED “AS IS” WITHOUT ANY PROMISE WHATSOEVER. EXCEPT WHERE AND TO THE EXTENT SUCH DISCLAIMERS ARE PROHIBITED BY LAW: (A) SENIOR ZOOM EXPRESSLY DISCLAIMS ALL IMPLIED PROMISES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, (B) SENIOR ZOOM DOES NOT PROMISE NON-INTERFERENCE WITH THE ENJOYMENT OF THE SERVICE OR THAT THE SERVICE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED, AND (C) SENIOR ZOOM MAKES NO PROMISE REGARDING THE RESULTS OR PERFORMANCE MEMBERS OR CLIENT WILL OBTAIN THROUGH USE OF THE SERVICES.
LIMITATION ON LIABILITY; INDEMNITY
SENIOR ZOOM WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR ANYTHING RELATED TO THESE TERMS, EVEN IF CLIENTS OR MEMBERS ARE APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. UNDER NO CIRCUMSTANCES WILL SENIOR ZOOM'S COLLECTIVE TOTAL LIABILITY ARISING OUT THESE TERMS EXCEED $500.
You agree to indemnify and hold Senior Zoom and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with your use of the Service, your lack of authority to bind the Member or Client to these Terms, the breach or violation of any of these Terms, or your violation of the rights of any third party.
OTHER LEGAL STUFF
Agreement to Arbitration. Senior Zoom believes that arbitration represents the best way to resolve disputes and accordingly requires that all disputes be resolved by arbitration. For more information about our arbitration policy, please contact us at email@example.com
Controlling Law. These terms are governed by the law of the state of Florida except for its conflicts of laws principles, unless otherwise required by a mandatory law of any other jurisdiction.
Amendments. These Terms may be amended only by a written agreement agreed to by an authorized representative of each party, which agreement may be manifested in electronic form (such as through a click-through agreement).
Independent Parties. Senior Zoom is an independent contractor and not an agent of Client in the performance of these Terms.
Entire Agreement. These Terms constitutes the entire agreement between the parties regarding use of the Service and will supersede all prior agreements between the parties whether written or oral.
Force Majeure. Senior Zoom will not be liable for any delay or failure to perform as required by these terms as a result of any cause or condition beyond our reasonable control.
Use of Third Parties. Senior Zoom does and may use third parties to perform its duties under these terms, including to provide any part of the Services.
Severability. If any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
Waiver. The failure of a party to require performance of any provision will not affect that party’s right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.