Terms of Service
Last updated July 17, 2020
These Terms of Service (“Terms”) govern your access to and use of the Baby Caravan LLC (“Baby Caravan”, “We”, “Us”, “Our”) website (Site located at https://babycaravan.com). These Terms constitute a legally binding agreement between you and Baby Caravan LLC, the owner and operator of babycaravan.com.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS THE BABY CARAVAN PLATFORM.
BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR USING THE BABY CARAVAN PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT (INCLUDING, THE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT) AND YOU ACCEPT ALL OF ITS TERMS.
PLEASE READ ALL TERMS CAREFULLY.
- Baby Caravan provides an online collective for matching parents with doulas.
- Doulas and parents pay a fee to join Baby Caravan and receive the community benefits.
- Doulas are not employees of Baby Caravan.
- Doulas have their own businesses and provide the services as they see fit.
- Baby Caravan does not make any guarantee regarding and is not involved in any way in the administration of the Doula’s Services.
- It is the Parent’s responsibility to vet the doula recommendations provided and enter into a service contract with the Doula.
- Baby Caravan will not be a party to these service contracts. All details of the relationship between the Doula and Parent, including payment, will be handled between them without Baby Caravan’s involvement.
- Any disputes between Baby Caravan and a User will be resolved through arbitration.
Baby Caravan is a web based platform that connects individuals seeking doula and other birthing services (“Parents”) with providers of such services (“Doulas”) (together, “Users”). We reserve the right to refuse service to anyone for any reason at any time.
Under no circumstances should our website or services be used as a substitute for seeking professional medical treatment or advice. You should always seek immediate medical treatment from a qualified provider if you or your child experience any changes to your/their health.
IN THE EVENT OF A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST HOSPITAL IMMEDIATELY.
Relationship with Doulas.
DOULAS ARE INDEPENDENT BUSINESS OWNERS, AND ARE AFFILIATED WITH BABY CARAVAN ONLY AS MEMBERS OF THE COLLECTIVE. DOULAS ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, OR FRANCHISEES OF BABY CARAVAN. BABY CARAVAN IS AN ONLINE COLLECTIVE THAT CONNECTS PARENTS WITH DOULAS WHO WISH TO PROVIDE SERVICES FOR THEM.
USERS, BOTH PARENTS AND DOULAS, ACKNOWLEDGE AND UNDERSTAND THAT BABY CARAVAN DOES NOT SUPERVISE, DIRECT, MONITOR, OR CONTROL THE ADMINISTRATION OF DOULA SERVICES AND BABY CARAVAN EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE SERVICES PROVIDED BY THE DOULAS, INCLUDING COMPLIANCE WITH LAW OR REGULATION.
We vet our Doulas by ensuring that each Doula provides a copy of any credentials listed in their bio as well as proof of professional liability insurance. However, a Doula’s membership with Baby Caravan is not a guarantee or endorsement by Baby Caravan of their skills or qualifications. Parents acknowledge and confirm they are solely responsible for vetting a Doula and exercising judgment in signing a service contract with that Doula to ensure they will be able to adequately and safely provide the services requested. Baby Caravan is not and will not be a party to any service contract entered into between a Parent and Doula.
We do not control how the Doulas perform their services. Doulas own independent businesses, under their own business name. Doulas are responsible for accepting or rejecting Parents, and establishing the terms of their working relationship with Parents, including payment and dispute resolution. We do not monitor how the services are performed and assume no responsibility or liability for the acts or omissions of the Doulas. We allow Doulas to exercise discretion in these aspects of their business, but we hold them to a high standard and expect that they will fulfill any obligations they agree to. We make no warranties or representations about the suitability, reliability, timeliness, or qualifications of any Doulas or the services they provide.
Doula Representations and Warranties.
The Doulas represent and warrant that:
- You have an independently established business, which uses the same name provided to Parents via Baby Caravan;
- You have the unrestricted right to work in the United States;
- You have and will maintain any necessary licenses, permits, or certifications;
- You have any and all insurance required to operate your business and provide your services;
- You will honor your commitments to Parents introduced to you via this platform, including by responding introductions in a timely manner, providing high quality services, and respecting the terms of the agreement you enter into with the Parent;
- You will only offer and provide services for which you have the necessary skills and expertise, and provide those services safely and in accordance with all applicable laws.
The Doulas further acknowledge, agree, and understand that:
- You are not an employee of Baby Caravan;
- You are not eligible to receive any benefits, such as insurance, from Baby Caravan;
- Baby Caravan will have no liability or obligations relating to your acts and your relationships with any Parents introduced to you;
- Baby Caravan will not supervise or control how your provide services and operate your business;
- You will be responsible for setting fees and handling payment directly with the Parents;
- You will act professionally and courteously with respect to the Parents;
- You will take all reasonable steps to ensure the safety and comfort of the Parents;
- Baby Caravan makes no guarantees as to the number or quality of introductions they will be able to make;
- You will be solely responsible for all taxes associated with your services;
- You will be solely responsible for resolving any disputes that arise between you and a Parent.
Parent Representation and Warranties.
The Parents represent and warrant that:
- You will independently vet any Doula you are introduced to in order to ensure they can serve your needs;
- You will use your best judgement and enter into an agreement with the Doula for the services;
- You will resolve any disputes with the Doula, and not Baby Caravan;
- You understand that Baby Caravan does not guarantee any results or quality in regards to Doula services;
- You will act professionally and courteously with respect to the Doulas;
- You will comply with all applicable laws when engaging with the Doulas;
- You will take all reasonable steps to ensure the safety and comfort of the Doulas.
Placenta Encapsulation Services are offered separately from Doula services. Baby Caravan will provide referrals to placenta encapsulation specialists and all details of your encapsulation will be handled with that third party. You agree and understand that you are solely responsible for researching this type of traditional medicine, including speaking to a healthcare professional as necessary, to ensure it is right for you. Baby Caravan makes no guarantees as to the effects of consuming the placenta capsules. Any questions or concerns related to placenta encapsulation should be directed to email@example.com.
When visiting babycaravan.com or sending us emails, you are communicating with us electronically and agree to receive communications electronically. We may communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing. You also agree not to transmit any worms or viruses or any code of a destructive nature. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices
User Comments, Feedback, and Other Submissions.
You may post reviews, comments, photos, and other content; and submit suggestions, ideas, comments, questions, or other information on babycaravan.com, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, commercial solicitation, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Baby Caravan reserves the right, but is not obligated, to remove or edit such content. Baby Caravan does not regularly review posted content.
Any and all comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered by you to Baby Caravan on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain Baby Caravan property. Baby Caravan is not under any obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. By submitting a Comment, you represent and warrant that any Comment you submit does not violate any right of any third party, including copyright, trademark, privacy, patent or other personal or proprietary rights. You further represent and warrant that any Comment you submit to the Site does not contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you submit.
All content included in or made available on babycaravan.com, including text, graphics, logos, icons, and images, is the exclusive property of babycaravan.com or licensed to Baby Caravan for use on its site. Baby Caravan is the sole owner or lawful licensee of all the rights and interests of the website babycaravan.com. This material is protected by United States copyright law. Baby Caravan is a trademark owned by Baby Caravan and is protected under applicable trademark and other proprietary rights laws. The unauthorized copying, modification, use, or publication of these marks is strictly prohibited. You agree not to infringe any or all of the title, ownership, and intellectual property of Baby Caravan. All rights not claimed under the Terms or babycaravan.com are hereby reserved.
You will not engage in any activity directly or indirectly undermining the integrity of systems used by Baby Caravan and/or other users of babycaravan.com. You will not gain or attempt to gain unauthorized and/or unlawful access to Baby Caravan’ networks, data, or information. You agree to only use babycaravan.com for your personal use only and you will not use, copy, reproduce, or download any information, text, data, or images obtained on or through babycaravan.com for commercial purposes of any kind.
If you are a member of Baby Caravan’s collective, you will be the sole authorized member. You are responsible for maintaining the confidentiality and security of any passwords, log-ins, or account information provided by you or given to you by Baby Caravan. You are solely responsible for all activity associated with your account. If you suspect your account security has been compromised, you agree to notify Baby Caravan immediately.
Disclaimer of Warranty & Limitation of Liability.
Baby Caravan does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the site will always be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
YOUR USE OF BABY CARAVAN IS ENTIRELY AT YOUR OWN RISK. BABY CARAVAN EXPRESSLY DISCLAIMS ALL LIABILITY THAT MAY ARISE BETWEEN THE DOULA AND PARENT IN THE COURSE OF THE DOULA PROVIDING SERVICES. IN NO CASE SHALL BABY CARAVAN, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT BABY CARAVAN AND AFFILIATES 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 BABY CARAVAN DURING THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify, defend and hold harmless Baby Caravan and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. You also agree that Baby Caravan is not responsible and will have no liability to you for any material posted by others and the risk of damages from such material rests entirely with you.
All rates displayed on Baby Caravan are set by the Doulas. Any questions about rates must be directed to the Doula directly.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate this agreement at any time when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement or temporarily suspend your account at any time without notice and you will remain liable for all amounts due up to and including the date of termination.
Baby Caravan will not be responsible for the delay, failure to provide services or products, or unavailability of this website for any reasons beyond our control, including internet failures, equipment failures, power failures, strikes, and natural disasters.
Failure to enforce any aspect of these Terms will not be deemed a waiver of the right to enforce these Terms in the future.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of babycaravan.com. Any violation of these Terms will be governed by the laws of New York without regard to any conflict of law provisions of your residence or physical location. At our discretion, we may report any violations relating to these Terms to the appropriate authorities. You and Baby Caravan agree to submit to the personal and exclusive jurisdiction of the courts of New York.
In the event of a dispute between Baby Caravan and a Doula or a Parent, you and Baby Caravan agree to try to reach a resolution through good faith negotiation. If those efforts are unsuccessful, the dispute will be resolved through binding arbitration in New York City, in accordance with the rules of the American Arbitration Association, by a mutually agreed upon arbitrator.
Questions about the Terms should be sent to firstname.lastname@example.org. Any feedback, general questions, comments or concerns can be sent to email@example.com.