BACKUP CARE TERMS OF USE
Last Updated: April 1, 2021
1. Terms and Conditions Applicable to Use of Backup Care Services and Personal Network Services.

In addition to the general Terms of Use  (the "General Terms") applicable to the Care.com Site and/or the Care.com Services, the following additional terms and conditions (the “Additional Terms”) are provided by Care.com. Inc's Affiliate, Care.com Europe Ltd. ("Care"), and govern the agreement between you and Care for your use12 of In-home Child and Adult Backup Care and In-center Backup Childcare services provided via Care's site by its third party providers as more fully described below (collectively "Backup Care Services"). The General Terms are incorporated herein by reference. Capitalized terms used herein but not otherwise defined shall have the meanings set forth in the General Terms. The General Terms and Additional Terms are collectively referred to as the “Terms.” These Terms include the Care Privacy Policy, which is incorporated herein. If you object to anything in the General Terms, the Privacy Policy or these Terms, do not use the Site or the Backup Care Services. Please read these Terms before using the Backup Care Services or the Site. By using the Backup Care Services or the Site, you hereby represent, warrant, understand, agree to and accept these Terms in their entirety. These Additional Terms are subject to change by Care at any time and take effect immediately upon publishing.
The Backup Care Services are a benefit that is offered to you and subsidized by your employer. These Additional Terms detail, among other things, how you may use the Backup Care Services. The Backup Care Services are provided to you by either an Agency, Center Provider, or via your Personal Network (each as defined below).

For purposes of these Terms, "Affiliate" shall mean an entity's officers, directors, shareholders, employees, parent and/or subsidiary companies, other affiliates, successors and/or assignees.
2. Additional Terms for Use Backup Care.
 
You understand and agree that if you use Backup Care, an In-center Backup Childcare provider or nursery ("Center Provider") or contracted third-party agency (“Agency”) may ask you to provide additional information and/or sign additional enrollment or other forms upon your utilization of Backup Care Services, which may include terms of use, limitations of liability and dispute resolution mechanisms.  Care will provide such Center Providers and Agencies with your information in order to enable them to provide Backup Care Services to you, which also will be subject to the separate privacy policy of the Center Provider or Agency. In addition, Care and such Center Provider or Agency may exchange information with each other as needed in connection with any medical emergencies, or other incidents that may occur in connection with Backup Care. You understand and agree that any such additional agreements shall be solely between you and such Center Provider or Agency, not Care or its Affiliates. A copy of these additional terms or forms will be provided to you in advance upon your request by Care, the Center Provider or Agency and may require you to register on such Center Provider or Agency’s website.
3. Eligibility.
 
The Backup Care Services are only available to individuals who are eighteen (18) years of age or older and who either have been identified by their employer who is a customer of Care or its Affiliates as being eligible for the Backup Care Services. The Backup Care Services for which you are eligible are identified on the Site or are available to you through your employer. In addition to you, your spouse/domestic partner may directly arrange for the Backup Care Services with your consent. You are responsible for all activity on and use of your registration on the Site and with respect to the Services, and, other than as set forth in the preceding sentence, you may not assign or otherwise transfer your registration to any other person or entity.

You may request In-home Backup Childcare and In-center Backup Childcare solely for your child or stepchild (whether through blood or adoption), foster child or other child for whom you are legal guardian. You may request In-Home Adult Backup Care for yourself, parents, grandparents, in-laws, spouse/partner, adult children, or any adult dependent needing temporary care.  You represent and warrant that you have full legal authority to arrange for Backup Care Services for any child or adult for whom you request such Service.
4. Backup Care Services and Personal Network Description.

Care , and through various third party agencies (each, an "Agency") and Center Providers, each of which is unaffiliated with Care and its Affiliates, offers the following Backup Care Services for certain Care Seekers who receive the Backup Care Services through their employer's benefits program to help them find urgent or alternative care arrangements:

In-home Backup Childcare:
This Service includes the placement of a child care provider or carer in your home by an Agency. In-home Backup Childcare may include various responsibilities requested by you via Care, including feeding, diapering and clothing, help with homework, playtime (e.g. reading, arts and crafts, etc.) and preparing children for bedtime. Generally, in-home childcare providers do not provide transportation for Backup Care Services unless expressly requested and authorized by you in advance and agreed to by the child care provider. In addition, they do not provide medical care or extraordinary care for disabled children.

In-center Backup Childcare:
This service includes the placement of a child or children, generally ages 6 weeks to 12 years, in a childcare center. In-center Backup Childcare includes the performance by the Center Provider of age-appropriate childcare duties including feeding, diapering and clothing, playtime (e.g. reading, arts and crafts, etc.) and supervised indoor and outdoor physical activities. Generally, In-center Backup Childcare does not include transportation except as described in Section 8 below (Transportation).
 
In-home Adult Backup Care:
This Service includes the placement of an adult care provider or carer in your home by an Agency. In-home Adult Backup Care services are non-medical and may include various responsibilities requested by you, including companionship, preparing meals, light housekeeping, prompting for medication, socialization, accompanying a patient to a doctor’s appointment, and assistance with the activities of daily living, such as bathing, dressing, and ambulation.  Generally, in-home childcare providers do not provide transportation for Backup Care Services unless expressly requested and authorized by you in advance and agreed to by the care provider except as described in Section 8 below (Transportation).
Personal Network Backup Care

This service allows Eligible Individuals to identify and use their own care provider, typically a friend, family member, or familiar business or service, when regular care arrangements cannot cover the work time of the Eligible Individual. Personal Network Backup Care must enable you to work during the time that care was provided and must apply to a gap in regular care coverage (i.e., it cannot be a substitute for a routinely scheduled care expense). Eligible Individuals are solely responsible for selecting, vetting, engaging, scheduling, making payment to and otherwise interacting with individual caregivers and childcare centers or businesses providing Personal Network Backup Care. Personal Network care providers are not evaluated, vetted, recommended, or employed by Care.com.   Care.com has no knowledge concerning the employment status or qualifications of individual caregivers providing Personal Network Backup Care to Eligible Individuals. Additionally, any childcare centers or businesses selected by Eligible Individuals to provide Personal Network Backup Care are not considered Participating Network Agencies or Centers as defined herein.  Care.com shall not be responsible in any manner for the conduct of any business or individual providing Personal Network Backup Care as an alternative to Care.com’s In-home or In-center Backup Care Service, including but not limited to any individual care provider or business found through the Care.com website and engaged by Eligible Individuals.
5. Limitations of the Backup Care Services.
 
In some cases, you may be limited in the number of days of Backup Care Services you are entitled to use. Any such limitation will be set forth on the Site or otherwise communicated to you by Care or your employer.

Care, the Agencies and the Center Providers will use commercially reasonable efforts to provide the Backup Care Services requested by you; however, you understand and acknowledge that Care, the Agencies and the Center Providers are under no obligation to provide the Backup Care Services to you or to fulfill a specific request for Backup Care Services. You understand and acknowledge that the Backup Care Services you request may not be available at the times and dates requested due to reasons outside of our control, including the amount of notice provided by you, the availability of care providers in your area at the times you request, weather-related or environmental hazards, requests for care on holidays, or requests for care of sick children.

 6. Care Provider Status
 
The care providers who are utilized in the Backup Care Service may be employees or freelancers of the Center Providers or Agency that performs the Backup Care Services.
You agree that you will use the services of In-home Child and Adult Backup care providers only when using the In-home Child and Adult Backup care services. You further agree that any care provider contact information (such as telephone number and email address) you receive as part of the In-home Child and Adult Backup Care services will only be used by you when using the In-home Child and Adult Backup Care services and not for any other purpose. You will not communicate with these care providers directly to schedule additional dates of service without using the In-home Child and Adult Backup care service or contacting Care directly.  You agree that you will not make any attempts to recruit or solicit Agency caregivers for use outside the limits of this service.  If you are interested in working with the caregiver for regular care, you
7. Fees; Cancellation Fees; Utilization.

 Fees:
Your employer has agreed to subsidize an amount of the hourly or daily fee payable for the Backup Care Services. The remaining amount, if any, shall be payable by you (" Your Co-Pay Amount") to Care, the Agency or Centre Provider (as relevant). Your Co-Pay Amount may be collected from you for the Backup Care Services provided to you, by Care, the Agency or Centre Provider depending on your employer’s benefits program. The amount of such hourly or daily fee will be set forth on the Site or otherwise communicated to you by Care, the Agency or Center Provider, and/or your employer. Upon the fulfilment of the Backup Care Services you request, the Agency or Center Provider performing the Service will verify the number of hours or days utilized. Such fees may vary for a specific use of Backup Care Services if, for example, you request care for newborns or children with special needs; you need Backup Care Services on holidays, weekends or other special circumstances (including statutory overtime periods); if additional activities or events are elected for children receiving In-center Backup Childcare (as applicable) or if late charges or additional care fees are assessed for In-center Backup Childcare (as applicable). In each case, the applicable fees shall be discussed with you prior to being assessed.
 
The reimbursement process for Eligible Individuals using Personal Network Backup Care is administered by Care or its Affiliates, including Care.com Europe GmbH, in accordance with its and its Affiliates’ then current program guidelines. The Eligible Individual must submit a claim within one month of using Personal Network Backup Care. The Eligible Individual’s co-pay amounts will be deducted from the total claim for reimbursement reported by the Eligible Individual and a maximum reimbursement amount will be set by your employer. If and to the extent you provide information to substantiate your claim for Personal Network reimbursement, you represent and warrant that you are authorized to provide that information, which may include contact information of your Personal Network care provider, to Care and its Affiliates.  You also acknowledge and agree that Care and its Affiliates may review your request and report non-compliant requests to your employer. 

Cancellation: 
The equivalent of a USD $30 cancellation fee will be assessed to the Eligible Individual if a Backup Care request is cancelled within 72 hours of the backup care reservation start time and a backup provider already had been reserved to fulfill the backup care request.  Additionally, if the cancellation occurs within 24 hours of the backup care reservation start time, one (1) day also will be deducted from Customer’s Allotted (or Additional Allotted, as applicable) Backup Care Service Days and from the Eligible Individual’s maximum number of Backup Care Service Days.
Cancellation requests must be made by phone. For multi-day bookings, a cancellation fee is assessed for the first scheduled day of care only; subsequent days have no additional penalty. A request to change the dates of care will be treated as a cancellation of the first scheduled day of care. You may request a change in the hours of care needed, subject to the minimum hours per day set forth below, at no penalty. Adjustments to the scheduled hours of care are not guaranteed until confirmed.

Utilization:
i. In-home Child and Adult Backup Care

In-home Child and Adult Backup Care can be utilized by you for a maximum of two consecutive weeks at a time. It cannot be used for ongoing care needs. In-home Backup care has a minimum reservation of four (4) hours per day and a maximum of ten (10) hours per day.
8. Authorizations and Disclosures.
 
At the time of any Backup Care Services request, you will be asked whether you wish to authorize care providers to drive your adult dependent or child(ren) or give your adult or child(ren) medication. These are not part of the Backup Care Services and are subject to the terms below. If you elect in your discretion and at your sole risk to grant such authorizations, you agree that you will provide specific requests to the Agency, care provider, or the Center Provider in writing, all as applicable.

Transportation:
i. In-home Backup Care Services. Transportation is not part of the In-home Backup Care Services. However, solely for your convenience and at your discretion, you may request that a care provider drive your child or adult. In such case, you understand and agree that the care providers driving record has not been validated, and neither Care, its Affiliates nor the Agencies make any representation as to the care provider's driving record or ability. You understand and agree that driving is not included in Backup Care Services and your authorization is completely within your discretion and at your sole risk. Care, its Affiliates and the Agencies and the respective care provider(s) expressly disclaim any and all liability relating to care provider's driving per this authorization, and you hereby fully release each of them from any such liability. When you elect to include transportation, you agree to pay mileage fees, parking and tolls directly to the care provider, as agreed between you and the care provider.

ii. In-center Backup Childcare You understand that some of the Center Provider locations may provide transportation for children four years of age and older, following licensing regulations. These centers generally transport to and from nearby elementary schools and to field trip locations during the summer. The center will provide car seats, integrated safety seats, or booster seats in compliance with all federal and state requirements. You will be required to complete at the center any authorization forms required for transportation. A copy of this form will be provided to you in advance upon your request.

 
Medications:

i. In-home Child and Adult Backup Care. Care providers are not medically licensed and will administer or prompt for medication solely at your written request (specifying name of medication, amount and specific time) and for your convenience. You understand that administering or prompting for medications is not included in backup care services and your authorization is completely within your discretion and at your sole risk. Care, its Affiliates, any Agencies and their respective care providers are not responsible for, and each expressly disclaims, any and all liability relating to any actions or omissions of care provider with respect to medications, and you hereby release each of them from any such liability.

ii. In-center Backup Childcare. You understand that the In-center Backup Childcare locations may administer medications in accordance with licensing regulations and as directed by medication authorization forms that you will be required to complete at the center. A copy of this form will be provided to you in advance upon your request. You will provide the center with any medication, in its original container, labeled with your child's first and last name. Prescription medication must include a prescription label with specific dispensing instructions and a current date. You understand that the center is not licensed to provide medical care, and the center's employees are not trained to provide medical care. You also understand that center employees do not provide invasive medical treatments (such as insulin injections), nor do they determine the dosage of medication.

Disclosure of Illness:

You agree to disclose at the time of requesting Backup Care Services whether any person to be supervised by a Backup Care Service care provider has any contagious illnesses or conditions, such as cold/flu, COVID-19, chicken pox, untreated strep throat, conjunctivitis or head lice. The Agency, Center Provider or care provider reserves the right to refuse to provide the Service if deemed necessary to protect the care provider or the public health, or to ensure that the child receives the proper care.
9. Termination of Access and/or Registration.

Should Care determine that you are not eligible to use the Backup Care Services, have violated of the Terms or applicable law, or are otherwise not suitable for receiving Backup Care Services for any reason, we may in our sole discretion and/or immediately terminate your access to the Backup Care Services and/or your registration, with or without notice. Without limiting the foregoing, we may terminate your access to the Backup Care Services and/or your registration, with or without notice, if you demonstrate a pattern of cancelling In-home Backup Care requests for which care providers from a protected class are assigned, even if you provide a legitimate reason for such cancellation.
 
10. Release of Liability.

IN ADDITION TO ANY OTHER RELEASES AND LIMITATIONS OF LIABILITY SET FORTH IN THE GENERAL TERMS, CARE, ITS AFFILIATES, THE AGENCIES, THE CENTER PROVIDERS AND ANY OF THEIR RESPECTIVE AFFILIATES ARE SEVERALLY AND NOT JOINTLY RESPONSIBLE SOLELY FOR ANY BACKUP CARE SERVICES DIRECTLY PROVIDED BY SUCH RESPECTIVE PARTY THROUGH THE CARE PROVIDERS EMPLOYED OR OTHERWISE ENGAGED BY IT, AND EACH 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 THE CONDUCT OF, OR QUALITY OF THE BACKUP CARE SERVICES PROVIDED BY ANY OTHER PARTY. BY USING THE BACKUP CARE SERVICES, YOU HEREBY REPRESENT, UNDERSTAND, AND EXPRESSLY AGREE TO HOLD EACH OF THE ABOVE PARTIES HARMLESS FOR ANY CLAIM OR CONTROVERSY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU AND ANY OTHER PARTY, OTHER THAN THE PARTY DIRECTLY EMPLOYING OR ENGAGING THE INDIVIDUAL CARE PROVIDER THAT PROVIDED THE BACKUP CARE SERVICES.
11. Incorporation of General Terms.


The General Terms are incorporated by reference herein in their entirety, including without limitation provisions related to limitations of liability and arbitration. In the event of any conflict between the General Terms and these Additional Terms, these Additional Terms shall control with respect to Backup Care Services. The absence of a provision in these Additional Terms shall not be deemed a conflict in terms, and in such absence, the relevant provision in the General Terms shall control.

Contact Information.
If you have any questions or need further information as to the Site or Backup Care Services, or need to notify us as to any matters relating to the Site or Backup Care Services please contact Care at the following address. To the extent your inquiry relates to an Agency or a Center Provider, we will forward your correspondence to the appropriate address.

Care.com Europe, Ltd.
c/o Care.com Europe GmbH
Rotherstrasse 17
10245 Berlin, Germany
internationalcareforbusiness@care.com

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