Template source: alia/terms.html

{% extends "alia/base_alia.html" %} {% load static i18n %} {% block main %} {% url 'alia:privacy' as privacy_url %} {% url 'alia:terms' as terms_url %} {% comment %} {% url 'alia:site-index' as index_url %} {% endcomment %} {% with contact_email='hi@myalia.org' index_url='https://www.myalia.org/' %} <div class="p-4 container"> <p class="h1">{% blocktrans %}Alia Terms and Conditions{% endblocktrans %}</p> <p class="text-muted">{% blocktrans %}(These Terms Were Last Updated September 20, 2018){% endblocktrans %}</p> <p class="h2">{% blocktrans %}What is Alia?{% endblocktrans %}</p> <p class="h3">{% blocktrans %}Welcome to Alia!{% endblocktrans %}</p> <p>{% blocktrans %}<strong>Alia</strong> is a benefits program that enables independent house cleaners and other domestic workers (“<strong>Cleaners</strong>” or “<strong>you</strong>”) to receive access to work-related benefits from their customers (“<strong>Clients</strong>”) that are typically unaffordable especially for independent contractors. By participating in Alia, Cleaners will build deeper relationships with their Clients and earn more sustainable livelihoods. Alia is operated by Fair Care Labs, a limited liability company incorporated in the State of Delaware, in partnership with the National Domestic Workers Alliance, a 501(c)(3) organization incorporated in the State of New York to advance the rights of domestic workers, and maintains the technology associated with Alia and its website, MyAlia.org (collectively referred to as “<strong>Alia</strong>” or “<strong>we</strong>” or “<strong>us</strong>”). Alia benefits come in the form of Alia Benefits Credits (“<strong>Credits</strong>”) for providing your services to Clients. Clients award Cleaners with Credits by purchasing them in the name of individual Cleaners. Cleaners can use Credits to purchase certain products and services from the Alia store (“<strong>Store</strong>”). Visit MyAlia.org for complete information on how you can earn and use Credits.{% endblocktrans %}</p> <p>{% blocktrans %}You should read all of these terms before registering for and using Alia, and you should not use Alia if you do not agree to, or do not understand these terms. If you have any questions about these terms, please <a href="mailto:{{ contact_email }}">contact us</a> before using Alia. Using Alia and receiving and using Credits means you have read these terms, you understand them, and you agree to follow them. You also agree to our <a href="{{ privacy_url }}" target="_blank">privacy policy</a> and any other policies we may post on Alia. We can change these terms at any time by sending an e-mail or text message to the address or phone number you provide us when you begin using Alia, or by posting an announcement on the Alia <a href="{{ index_url }}" target="_blank">home page</a>. You will always be able to find the most up-to-date version of these terms at <a href="{{ terms_url }}" target="_blank">this link</a>. Continuing to use Alia after we change these terms means you accept and agree to the new terms.{% endblocktrans %}</p> <p>{% blocktrans %}You are neither a Cleaner nor a Client until you have fully registered. See “How Do I Become a Cleaner?” below to learn how to fully register. You do not need a credit or debit card to join Alia. There is no cost to Cleaners to join Alia. However, you must fully register at MyAlia.org before you can receive and use Credits. Neither the Alia program nor any of the products or services that Alia provides to you is a bank account or any type of reloadable, debit, or credit card. Enrolling in Alia will not result in an inquiry to the credit bureaus. For more information, see “How Can I Use Credits?” below.{% endblocktrans %}</p> <p class="h3">{% trans "Eligibility" %}</p> <p>{% blocktrans %}To be eligible to register as a Cleaner or Client with Alia, you must be at least 18 years old and reside in the United States. Alia may change these eligibility requirements at any time, and reserves the right to refuse to provide Alia to you for any reason, in its sole discretion. We can stop providing the Alia services at any time for any reason, without telling you in advance. If you do not comply with all of these terms, we can stop you from using of Alia. If you no longer agree to these terms, or are unhappy with the Alia services after agreeing to these terms, you must immediately stop using Alia and tell us in writing, including by electronic communication (“email”) at hi@myalia.org, or by text message at 646-883-1325 and we will delete your personal information from our website and platform.{% endblocktrans %}</p> <p class="h3">{% trans "Cleaner Registration" %}</p> <p>{% blocktrans %}Cleaners register with Alia to receive Credits from Clients. If you become a Cleaner, we may contact and tell your Client that you are registered with Alia and ask that your Client register as well, or you may tell your Client that you are registered with Alia and ask that your Client register. If your Client does not register with Alia, we cannot provide the Alia services or Credits to you. When your Client registers with Alia, we will share his or her name and contact information with you to verify that the information your Client provided is correct. We will also share your name and contact information with your Client for the same purpose. By registering with Alia and agreeing to these terms, you agree to appoint us as your agent to receive Credits from your Client. We do not charge any fees to provide the Alia services to you. However, you are responsible for any taxes you may owe based on the Credits you receive. You acknowledge and agree that Alia is not your employer and nothing in these Terms will be construed to create a partnership, joint venture, agency, employment, or any other relationship between you and Alia. You will not represent yourself to be an employee, representative or agent of Alia.{% endblocktrans %}</p> <p class="h3">{% trans "Client Registration" %}</p> <p>{% blocktrans %}Clients must register with Alia to purchase Credits for Cleaners. If you register as a Client, we may contact and tell your Cleaner that you are registered with Alia and ask that your Cleaner register as well, or you may tell your Cleaner that you are registered with Alia and ask that your Cleaner register. If your Cleaner does not register with Alia, we cannot provide the Alia services to your Cleaner, or permit you to purchase Credits. When your Cleaner registers with Alia, we will share his or her name and contact information with you to verify that the information your Cleaner provided is correct. We will also share your name and contact information with your Cleaner for the same purpose. By registering with Alia and agreeing to these terms, you agree to appoint us as your agent for delivery of Credits to your Cleaner. We do not charge any additional fees to provide the Alia services to you or to your Cleaner.{% endblocktrans %}</p> <p class="h2">{% trans "Availability of Credits" %}</p> <p class="h3">{% trans "Cleaners" %}</p> <p>{% blocktrans %}We will provide you with Credits when a Client successfully links your Alia account and after we receive payment from your Client. Alia is not responsible for the failure or delay of a Client to provide us with the necessary information to credit Credits to your account.{% endblocktrans %}</p> <p class="h3">{% trans "Clients" %}</p> <p>{% blocktrans %}We will deliver Credits to your Cleaner when you successfully link your Alia account to your Cleaner and after we receive payment from you. Alia is not responsible for the failure or delay of a Cleaner to provide us with the necessary information to credit Credits to your Cleaner's account. Credits are nonrefundable. Credits have no cash value and are not your property once purchased. Credits exist at the sole discretion of Alia as part of the Alia program. Your Cleaner may not sell, redeem for cash or any other monetary value or currency, or use Credits as a means of payment other than for the products and services in the Alia store.{% endblocktrans %}</p> <p class="h2">{% trans "Using Credits" %}</p> <p class="h3">{% trans "Alia Products and Services" %}</p> <p>{% blocktrans %}Alia provides Paid Time Off (“<strong>Paid Time Off</strong>”) and Insurance Premium Coverage (“<strong>Insurance Premium Coverage</strong>”) that Cleaners may obtain by redeeming Alia Credits (“Credits”) awarded by Clients. One Alia Credit is the equivalent of one US Dollar.{% endblocktrans %}</p> <p>{% blocktrans %}Cleaners can obtain Paid Time Off when they have accumulated 120 Credits. Cleaners who have accumulated 120 Credits will be eligible to access and claim the Paid Time Off benefit on the Alia website. If a Cleaner does not accumulate 120 Credits within six months from the date that a Cleaner first receives a Credit, any Credits accumulated by the Cleaner qualify as a Paid Time Off benefits that the Cleaner may redeem and claim. Alia provides Paid Time Off benefits as a non-reloadable READYperks<sup>&trade;</sup> Visa<sup>&reg;</sup> Incentive Card issued by Green Dot Bank.{% endblocktrans %}</p> <p>{% blocktrans %}Cleaners who are residents of New York or California may obtain Insurance Premium Coverage by redeeming Credits to pay for premiums associated with voluntary insurance policies provided by <a href="https://www.coloniallife.com/" target="_blank">Colonial Life & Accident Insurance Company</a> (“Insurance Cleaner”). To be eligible for Insurance Premium Coverage, a Cleaner must accumulate Credits on a recurring monthly basis equivalent to the cumulative USD value of the premiums associated with the policies the Cleaner has chosen, for no less than 3 consecutive months. Alia reserves the right to cancel or terminate Insurance Premium Coverage if there are insufficient Credits in a Cleaner's Alia account to cover the premium payments. Cleaners retain the right to receive invoices for their premiums directly from the Insurance Cleaner, and may also separately assume liability for payment of premiums separately from Alia. Alia disclaims all warranties regarding the adequacy, suitability, or fitness of the insurance coverage, or for the services provided by or through the Insurance Cleaner, broker or carrier. The Cleaner understands and agrees that Alia is not acting as an insurance broker or an insurance carrier by facilitating payment of premiums to the Insurance Cleaner. The Cleaner must bring all claims, complaints or suits against the Insurance Cleaner related to the insurance policies and related services through the designated broker with whom the Cleaner has arranged for coverage.{% endblocktrans %}</p> <p>{% blocktrans %}Credits have no cash value. Credits are not your property. Credits are issued without separate payment or other consideration by you, and exist at the sole discretion of Alia as part of the Alia program. Credits cannot be purchased, redeemed for cash or any other monetary value or currency, or used as a means of payment other than for the products and services in the Alia store. You may not assign, transfer, or pledge Credits to any third party. Credits may not be transferred by operation of law, such as by inheritance, in bankruptcy, or in connection with a divorce.{% endblocktrans %}</p> <h3>{% trans "Managing Your Alia Account" %}</h3> <p>When you sign-up at MyAlia.org you will have access to a secure account which will display the Credit balance you've accumulated on a monthly basis. If you believe there is an error in your account balance, please <a href="mailto:{{ contact_email }}">contact us</a>. We will review your claim and determine whether or not to adjust your balance, at our sole discretion. If you believe your Alia account has been the subject of any suspicious activity, please <a href="mailto:{{ contact_email }}">contact us</a> immediately.</p> <p>We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through Alia, including but not limited to photographs, profile information, descriptions, etc. Alia reserves the right, at any time and without prior notice, to remove or disable access to the content you provide and is posted on our website, and that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the platform or users, or for any other reason.</p> <!--p>{% blocktrans %}When you sign-up at MyAlia.org you will have access to a secure account which will display the Credit balance you've accumulated on a monthly basis. If you believe there is an error in your account balance, please <a href="mailto:{{ contact_email }}">contact us</a>. We will review your claim and determine whether or not to adjust your balance, at our sole discretion. If you believe your Alia account has been the subject of any suspicious activity, please <a href="mailto:{{ contact_email }}" target="_blank">contact us</a> immediately.{% endblocktrans %}</p--> <h2>{% trans "Account Cancellation, Inactivity and Termination" %}</h2> <h3>{% trans "Cleaners" %}</h3> <p>{% blocktrans %}If you would like to cancel your Alia account, please <a href="mailto:{{ contact_email }}">contact us</a>. If you cancel your Alia account, any Credits in your Alia account will immediately be voided, and cannot be used after you cancel your account. If you are not awarded or do not use Credits for 18 consecutive months, we may de-activate your Alia account. If you resume activity in Alia, you will still be able to earn and use Credits at our sole discretion. We reserve the right to terminate your Alia account at any time, or to modify or restrict your ability to use Credits, immediately and without notice if you violate these Terms, if we determine that you are using your Alia account for in a manner that is inconsistent with applicable laws or regulations, or for any other reason, or no reason at all. If we terminate your Alia account, any Credits in your Alia account will immediately be voided and cannot be used. We may terminate or suspend the entire Alia program at any time, in our sole discretion.{% endblocktrans %}</p> <h3>{% trans "Clients" %}</h3> <p>{% blocktrans %}If you would like to cancel your Alia account, please <a href="mailto:{{ contact_email }}">contact us</a>. If you do not purchase Credits for 12 consecutive months, we may de-activate your Alia account. If you resume activity in Alia, you may be able to purchase Credits at our sole discretion. We reserve the right to terminate your Alia account at any time, or to modify or restrict your ability to purchase Credits, immediately and without notice if you violate these Terms, if we determine that you are using your Alia account for in a manner that is inconsistent with applicable laws or regulations, or for any other reason, or no reason at all. We may terminate or suspend the entire Alia program at any time, in our sole discretion.{% endblocktrans %}</p> <h3>{% trans "Our Rights to Monitor Your Account" %}</h3> <p>{% blocktrans %}You hereby grant Alia the right to monitor your Alia account activity. We have the right to take any necessary legal action based on fraud, abuse, or suspicious activity in connection with your Alia account or any of your activities relating to Alia, and you agree to cooperate with any such action or investigation. If you are engaged in such activity, you may be liable for monetary losses, including litigation and/or arbitration costs and damages. This section will survive the termination of Alia or your Alia account.{% endblocktrans %}</p> <h3>{% trans "Modification of These Terms" %}</h3> <p>{% blocktrans %}We may modify these terms in any manner, at any time, in our sole discretion. Such changes may affect Credits already received, including the opportunity to use such Credits. We will provide notice of modification on MyAlia.org and by posting the revised Terms at MyAlia.org/terms and updating the last modified date. Be sure to check MyAlia.org from time to time to ensure that you are aware of any changes to these terms. Modifications to these terms are effective immediately when posted. Except as set forth herein, modifications apply only to transactions and disputes that arise after the effective date. Your continued use of Alia after changes have been made to these terms constitutes your agreement to be bound by the modified terms. If you do not agree to be bound by the modified terms, your only recourse is to cancel your account.{% endblocktrans %}</p> <h2>{% trans "Limitations on Our Liability to You and Disclaimer of Warranties" %}</h2> <h3>{% trans "Cleaners" %}</h3> <p>{% blocktrans %}We serve only as your agent for the receipt of Credits from Clients. We are not an employment or staffing agency, and we do not conduct background checks on Clients. We are not a party to any oral or written agreement between Clients and Cleaners and we cannot mediate or intervene in any disputes. We are not responsible for the conduct of any Client while you provide your services. You agree that you may not hold us liable for the actions or inactions of any Client, a Client's failure to pay for your services, or for any other damages of any kind you incur during or after your use of Alia, including direct, incidental, consequential or punitive damages. You agree that we will not be liable to you for any claims, lawsuits, damages, or other controversies brought against you by others resulting from your use of Alia (“Claims”), even if the Claim was predictable, and even if we did not warn you that such a Claim was possible. To the extent permitted by law, we are not liable to you for any damages arising out of these terms, or your use or attempted use of Alia.{% endblocktrans %}</p> <h3>{% trans "Clients" %}</h3> <p>{% blocktrans %}We serve only as your agent for the purchase of Credits for Cleaners. We are not an employment or staffing agency, and we do not conduct background checks on you or your Cleaner. We are not a party to any oral or written agreement between Clients and Cleaners and we cannot mediate or intervene in any disputes. We are not responsible for the conduct of any Cleaner while providing services to you. You agree that you may not hold us liable for the actions or inactions of any Cleaner, or for any other damages of any kind you incur during or after your use of Alia, including direct, incidental, consequential or punitive damages. You agree that we will not be liable to you for any claims, lawsuits, damages, or other controversies brought against you by others resulting from your use of Alia (“Claims”), even if the Claim was predictable, and even if we did not warn you that such a Claim was possible. To the extent permitted by law, we are not liable to you for any damages arising out of these terms, or your use or attempted use of Alia.{% endblocktrans %}</p> <p>{% blocktrans %}We provide Alia to you “as is” and with no warranties, which means that we make no promises to you of any kind regarding Alia or Credits. Specifically, and to the greatest extent permitted by law, we disclaim the following types of legal warranties: merchantability, fitness for a particular purpose, non-infringement, and all other warranties. All Credits are void where prohibited by applicable laws or regulations, and these terms are subject to immediate change if necessary to comply with such laws or regulations. You release and hold harmless Alia, and your Clients/Cleaners from all liability regarding earning and use of Credits, or your participation in Alia. We have no responsibility for the delivery, standard, quality, safety, use, suitability or any other aspect of goods or services purchased by via redemption of Credits, except where required by law. You have no ownership rights in Credits or your Alia account, and the only relationship created by these Terms is one between you and us. Credits cannot be used where prohibited by law. If any term of this agreement is found by a court to be illegal or not enforceable, all other terms will still be valid and enforceable.{% endblocktrans %}</p> <h3>{% trans "Resolving Disputes" %}</h3> <p>{% blocktrans %}In the event of any dispute with our provision of the Alia services to you, please contact us immediately. However, if we are unable to resolve the dispute to your satisfaction and you decide to decide to take legal action against us, by agreeing to these terms you give up your right to a trial by jury in a court, as well as your right to participate in a class action lawsuit. We also give up our right to a trial by jury and our right to participate in any class action lawsuit. You agree that all legal disputes between us will be resolved by arbitration administered by Judicial Arbitration and Mediation Services (“<strong>JAMS</strong>”) according to the JAMS expedited arbitration procedures, and that any court with jurisdiction over these terms may enter judgment on any arbitration award. Your right to arbitration applies only to you, and you may not join with others to collectively arbitrate your dispute. These dispute resolution terms do not limit either your rights or our rights to seek injunctive or other equitable relief for disputes relating to our use of your personal information, or our right to for disputes.{% endblocktrans %}</p> <h3>{% trans "Reimbursement for Our Legal Expenses" %}</h3> <p>{% blocktrans %}Our rights under this section are commonly referred to in legal terms as “indemnification”, which means “reimbursement”. If anyone other than you brings a legal action against us, our affiliates, officers, directors, employees, agents or third- party service Cleaners relating to these terms or your use of the Alia services, you agree to reimburse us for all losses, liabilities, legal fees, and expenses that we incur. We have the right to choose to defend ourselves against any such legal action at your expense, and you agree to help us with our defense.{% endblocktrans %}</p> <h3>{% trans "No Other Agreements" %}</h3> <p>{% blocktrans %}These terms and Alia's policies form the entire agreement between you and us, and any previous agreements between us are no longer valid. If a court decides that any provision of this agreement is unenforceable, the court will be permitted to change the provision to try to make it enforceable. If the court decides that no change to the provision will make it enforceable, the provision will be removed from these terms without affecting the legality and enforceability of the rest of the provisions. Any decision by you or us not to defend any right under this agreement at any given time will not affect your or our ability to defend that right in the future.{% endblocktrans %}</p> <h3>{% trans 'Governing Law' %}</h3> <p>{% blocktrans %}You agree to resolve any legal disputes between us in New York, New York. These terms and Alia's policies will be interpreted according to New York law, but not according to its conflict of law provisions.{% endblocktrans %}</p> </div> {% endwith %} {% endblock main %}