Terms & Conditions
2. INDEMNIFICATION. You hereby agree to indemnify, defend, and hold harmless Company, its directors, shareholders, employees, officers, agents, licensors, attorneys, independent contractors, vendors, providers, subsidiaries, and affiliates from and against any and all claim, loss, penalties, fines, damages, expense or demand of liability and judgements, including attorneys’ fees, consultations and other costs incurred, in connection with your use or inability to use the Service. Also under this Agreement, including, without limitation, the acts or omissions (negligent or otherwise) of the officers, agents, independent contractors or employees of Company, which have not directly resulted from their gross negligence or willful misconduct, (ii) the acts or omissions (negligent or otherwise) of Customer, its employees, independent contractors or its agents or (iii) Customer’s breach of any representation, warranty, covenant or agreement contained in this Agreement or any contract, arrangement or agreement made on behalf of Company. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Company. This provision shall survive the expiration or termination of this Agreement.
3. LIMITATION OF LIABILITY. You acknowledge and agree that company is only willing to provide the service if you agree to certain limitations of our liability to you and third parties. Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site or your downloading of any materials, data, text, images, video or audio from the site. We are also not responsible for any loss attributed to our failure to provide timely reminders to our users. In no event shall Company or any third party providers or distributors be liable for any injury, loss, claim, damage, or damages, including, but not limited to, any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this site or content found herein, or (ii) the performance or non performance by Company or any third party providers, including, but not limited to, non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation even if such party has been advised of the possibility of damages to such parties or any other party.
4. DISCLAIMER OF WARRANTIES. Use of the service is entirely at your own risk. The service is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. Company makes no warranties or representations about the accuracy or completeness of the content provided through the service or the content of any sites linked to the service and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein. Company does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the service or any hyperlinked website or featured in any banner or other advertising and company will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services, other than as provided herein. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Without limiting the foregoing, neither company nor its affiliates or licensors warrant that access to the service will be uninterrupted or that the service will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the service, or as to the timeliness, accuracy, reliability, completeness or content of any task or service, information or materials provided through or in connection with the use of the service.
Neither company nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any user. Neither company nor its affiliates or licensors warrant that the service is free from viruses, worms, trojan horses, or other harmful components. Company and its affiliates and licensors cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
Company does not warrant any goods or services purchased by a customer. Company does not provide any warranties or guarantees regarding any independent contractor or vendor’s professional accreditation, registration or license. Customer acknowledges and agrees that company does not own, operate or in any manner exercise any control or influence over third-party suppliers, independent contractors (IC) or vendors and, therefore, shall not be responsible for the acts or omissions of such suppliers, independent contractors (IC) or vendors.
5. RELATIONSHIP OF THE PARTIES. The Parties to this Agreement are Independent Contractors and nothing in this Agreement shall make them joint venturers, partners, employees, agents, franchisee or other representatives of the other party hereto. Neither party shall make any representation that suggests otherwise.
6. SERVICE RATES. There are three categories of services: Quick, Custom and On Call.
Quick refers to a preset list type of JETs at a fixed price. These JETs are assessed to be completed in approximately 2 hours or less, within a 20 mile radius and include shopping, paying a visit, and bill payments. Any request beyond these criteria may attract additional cost.
Custom refers to all JETs that differ in scope, time, distance, complexity to the Quick category. These JETs are billed at an hourly rate. Upon Customer request for Services, Company shall provide Customer with an Estimate of the fee for such Services by telephone or electronic mail. Company shall make reasonable efforts to communicate the Estimate to Customer within 24 hours of the request for Services, but in no event shall be later than the date upon which Company begins to render the Services requested. Failure of the Customer to object to the Estimate so communicated prior to the rendering of the Services requested shall be deemed an acceptance by the Customer of the Estimate as the fee to be paid upon completion of the Services requested, in addition to any costs or expenses incurred the course of providing the Services. The Customer shall pay Company the fees agreed upon as per the Estimate and in addition to any costs or expenses incurred in the course of providing the Services. Please be advised, prices are subject to change unless under contract and Company may update their rates without notice.
On Call refers to the ability for Clients to have, through Company, Independent Contractors available for consecutive business hours for Services. Client requests can be made online 24/7 however the IC will be available during normal work hours of Monday to Friday 9am to 6pm and on Saturday and Sunday 9am to 1pm. If IC is unavailable for the requested time period the client will be notified and alternate arrangements made. All On Call requests are allotted in minimum 2 hour blocks and at a 20 mile travel limit per JET. On Call service usage can be spread across one month but must be used within one month of Client’s payment. It expires after one month whether it was used or unused without refund.
Extension of hours beyond the purchased time or travel limit is billed at a higher per hour rate. Convenience fees for evenings, weekends, holidays and same day service are billed at an hourly rate. Urgent transactions are done within 48 hours at an additional cost. Some transactions are assessed a conversion fee up to 1.5% by our Card Providers. Clients must pay with currency other than Jamaican currency.
7. OPERATIONS. DIASPORA ERRAND SERVICES LLC is licensed in New York and has an office in Jamaica, W.I. Company and connects Clients with Independent Contractors who serve as personal assistants. These Independent Contractors will conduct purchases, make arrangements, payments and generally satisfy any legal, reasonable and normal requests by Clients. Business hours are weekdays Monday through Friday from 9:00 a.m. to 5:00 p.m. Jamaican holidays are observed. Company services the Jamaican parishes of Kingston & St. Andrew, St. Catherine, Manchester and surrounding areas. All transactions will be completed within 3 to 5 business days (Monday to Friday. Requests designated Urgent will be completed within 48 hours. Clients will be contacted for authorization before an additional fee or charge is incurred. Services are charged at once before the start of any service. Minutes are rounded up to next full quarter. Service is offered in 2 hour blocks. Service rates do not include the cost of purchases, taxes and expenses. Payments for cost of purchases, taxes and expenses must be paid in full when service is completed. Service rates are for services provided by Company. All services are paid in advance, no exceptions. Initial consultation is free. Quotes are free. All requests are reviewed and accepted on a case by case basis. All requests are scheduled on a first come first serve basis. Company responds to all requests within 24 to 48 hours in the business week. Services are available on an hourly or a la carte basis. Most services require a minimum of 24 hour advance notice. Company will not make oral agreements. Company does not guarantee any service that is provided by vendors, third parties, independent contractors or subcontractors. Company does not transport people, pets or any type of animals or insects nor do anything prohibited by law and that will place someone in danger or cause any form of property damage. Company does not handle or transport high valued items, large amounts of cash, hazardous materials, firearms, containers, packages or particular items not properly packed, opened, broken or that rattles and is unmanageable, oversized, overweight, overheight etc. or anything that can damage other transported items food, equipment, materials etc.
Company is not responsible for privacy practices, security, or the content of other websites/companies/businesses/partners, nor does Company endorse the content, terms or suitability of using these websites/companies/businesses sites/products. Company is not responsible for devices requiring keys, gate access codes, entry passes and alarm codes for: monitoring home, checking in on pets or waiting for expected services.
8. DELAYS. Company will notify client if request is taking longer than scheduled. If requests are delayed or incomplete due to traffic delays, road closures, natural “acts of God”, or for any delays out of Company control in those cases, client may request a cancellation without a fee
9. UNUSED SERVICES/HOURS. Unused services/hours and deposits are not refunded or carry over is determined by the membership package purchased.
10. BILLING & TIME TRACKING. Billing usually begins and/or ends at the following: client’s presence; home/business/store; en route; location; on request; after shipping; pre-negotiated date/time; or Company business office.
11. RECEIPTS/INVOICES. Transaction receipts are sent or returned after a copy has been made for Company records. Invoices are submitted at the time that service is requested.
12. DEPOSIT. All services require total upfront payments for purchases and other expenses
13. MILEAGE. Mileage fee is US$0.80¢ per mile after 20 miles per JET.
14. PURCHASES. Where a list exists, purchases on behalf of Clients will be done on a priority basis. Company will treat the top of the list as priority and begin purchasing from the top to the bottom and will stop wherever the funds provided by the client for purchases finishes.
15. PAYMENTS ACCEPTED. Money Orders and all major Credit/Debit Cards via our website, phone or PayPal are all acceptable methods of payment. Our Terms require that payments are made in full at the time of Request. No Request will be fulfilled until payment is made in full. All checks must clear before services can begin. Cancelled or returned checks will incur a minimum fee of $35. We do not accept out of state checks.
16. CANCELLATIONS. Most cancellations require a minimum of 24 hours advance notice to avoid a cancellation fee. Cancellations less than 24 hours’ notice may be charged a minimum fee of $15. If client does not provide a cancellation notice, client may be charged a minimum fee of $25. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. In case of delays (SECTION 7) then a fee may or may not be assessed.
17. TERMINATION OF AGREEMENTS AND REFUNDS POLICY. Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. When the client has entered into an agreement with Company by assigning an errand and making payment for same, requests for refunds may be accommodated in the following circumstances: where Company has not already begun to process the request; where the errand does not require same day facilitation, in which case a minimum 24hour notice period by the client is applicable; without prejudice to any other rights and remedies available, Company shall have the right to terminate the contract for the provision of all or any of the service upon written notice if the client commits a serious breach of these conditions; on termination for any reason whatsoever, the client shall immediately make payment to Company of all and any sums outstanding and owing to Company under these conditions (including the charges or any outstanding balance). Company will make every effort to remedy any issues.
18. FOOD & MERCHANDISE RETURNS & EXCHANGES. If Company made an error on Client’s purchases, Company will return or exchange your purchase at no charge. If Client made an error on request, Company will return or exchange your purchase at the same fee to do the initial transaction or less. Company reserves the right to determine that fee. If Client made the purchases on their own, Company will charge them accordingly for return or exchange.
19. VENDORS, THIRD PARTIES AND LINKS. Please be aware that Company is not responsible for the content or privacy practices of other sites. Company web site contains links to other sites and Company encourages users to be aware when they leave Company site and to read the privacy statements of any other sites that collects personally identifiable information. Third-party sites to which the site may link, are not in any way under Company control, and Company does not assume any responsibility or liability for any information, content, communications, services, goods or other materials available on such third party linked sites or for any changes or updates to such sites.
Company is not liable for any direct, indirect claims, costs, disappointments, expenses or losses, lost profits or revenues, injury, special, exemplary punitive, incidental or consequential damages of any kind and nature, or as a result of goods and/or services provided by any vendors, links and third parties. Client may request for a vendor, third parties and or use link at their own determination and liability.
20. COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT. Company respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Service infringe upon your copyright or other intellectual property right, please send the information to Company’s Copyright Agent at: Diaspora Errand Service LLC, 525 Bradford Street #2nd Floor, Brooklyn, New York 11207.
21. AMENDMENTS. Company may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.
22. DISPUTE RESOLUTION. INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to Company. Company’s address for such notices is Diaspora Errand Service LLC, 525 Bradford Street #2nd Floor, Brooklyn, New York 11207, Attention: Legal.
BINDING ARBITRATION. If you and Company are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Service (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. You hereby agree that any dispute, claim or controversy arising now or in the future under or relating in any way to this agreement, or to the online service (“claim”), regardless of the nature of the cause(s) of action asserted (including claims for injunctive, declaratory, or equitable relief), shall be resolved by binding arbitration. Claims subject to arbitration include claims that are made as counterclaims, cross claims, third party claims, interpleaders, or otherwise. Arbitration replaces the right to go to court, and you therefore agree to waive any right that you or we might otherwise have had to a jury trial or the opportunity to litigate any claims in court before either a judge or jury. You further agree that you will not be able to bring a class action or other representative action (such as an action in the form of a private attorney general) to litigate any claims in court before either a judge or jury; nor will you be able to participate as a class member in a class action or other representative action to litigate any claims in court before either a judge or jury. Except as otherwise provided in this Agreement, you and Company may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
EXCEPTIONS TO ALTERNATIVE DISPUTE RESOLUTION. Each party retains the right to bring an individual action in small claims court or to seek injunctive or other equitable relief on an individual basis in a federal or state court in Kings County, New York with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights.
LOCATION OF ARBITRATION. Arbitration will take place in Kings County, New York. You and Company agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the New York state and Federal courts located in Brooklyn, New York have exclusive jurisdiction and you and Company agree to submit to the personal jurisdiction of such courts.
Force Majeure: Except for the payment of the fees due hereunder, performance hereunder shall be extended for a period of time equal to the delay caused by or resulting from acts of God, war, civil disruption, casualty, telephone or electric service interruptions or malfunctions, labor difficulties, shortages of energy, labor, materials or equipment, government regulations, delays caused by either party to the other, or causes beyond the control of such party.
23. GOVERNING LAW. You and Company agree that, other than as set forth under the subsection entitled “Waiver Of Right To Be A Plaintiff Or Class Member In A Purported Class Action Or Representative Proceeding” in Section 20 above, if any portion of Section 20 entitled “Dispute Resolution” is found illegal or unenforceable, that portion will be severed and the remainder of the section will be given full force and effect. Notwithstanding the foregoing, if the subsection entitled “Exceptions to Alternative Dispute Resolution” in Section 20 is found to be illegal or unenforceable, neither you nor Company will elect to arbitrate any Dispute falling within that portion of that subsection that is found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within Brooklyn, New York, and you and Company agree to submit to the personal jurisdiction of that court.
Except as expressly provided otherwise, this Agreement will be is governed by, and will be construed under, the laws of the State of New York, without regard to choice of law principles.
24. NONDISCLOSURE. The terms of the user agreement governs the disclosure of information by and between Company and Clients. The parties are willing to disclose such information to each other on the condition that the recipient of the information does not disclose the same to any third party nor make use thereof in any manner except as set out below. In consideration of such disclosure to each other, it is agreed by and between the parties hereto as follows:
I. Handling of Confidential Information: The receiving party undertakes to treat as strictly confidential and not to divulge to any third party any of the information disclosed by the other and not to make use of any such information without the disclosing party’s prior written consent. The obligations of confidentiality and non-disclosure will be honored even after the termination of this agreement, except as required by governmental authorities.
II. Definition of Confidential Information: As used herein, “Confidential Information” shall mean any and all technical and non-technical information provided by either party to the other, including but not limited to, trade secrets, information related to current, future, and proposed products and services of each of the parties, and including, without limitation, their respective information concerning research, experimental work, development, financial information, customer lists, employees, business and contractual relationships, sales and marketing plans.
III. Exceptions to Confidential Information: The above undertaking shall not apply to:
a. Information which after disclosure by the disclosing party is published or becomes generally available to the public, otherwise than through any act or omission on the part of the receiving party; b. Information which the receiving party can show was in its possession at the time of disclosure and which was not acquired directly from the disclosing party; c. Information rightfully acquired from others who did not obtain it under the pledge of secrecy to the disclosing party. d. Information which at the time of disclosure is published or otherwise generally available to the public;
IV. Residual Knowledge: The terms of this Agreement shall be deemed to apply also to the employees or agents or legally associated entities of the receiving party who shall require their said employees or agents or legally associated entities to observe the foregoing obligations.
V. No Grant of Rights: Neither the execution of this Agreement, nor the disclosure of any Proprietary Information hereunder, shall be construed as granting either expressly or by implication, estoppel or otherwise, any license under any invention or patent now or hereafter owned by or controlled by the parties.
25. DISCLOSURE OF INFORMATION. All information received by Company in relation to the client shall remain confidential and except as maybe required by law, Company shall not, without the client’s prior written consent, disclose or divulge to any third party any information of any nature whatsoever in relation to the client. Unless Company receives notice from the client to the contrary; Company shall from time to time provide the client (post, telephone or email) such information in relation to the services that Company may be of interest to the client.
26. GENERAL PROVISIONS. Failure by Company to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right and will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. This Agreement constitutes the entire agreement between you and Company with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement will inure to the benefit of Company, its successors and assigns.