(hereinafter – “Terms”)
Last Updated: May 1, 2019
Please, read these Terms carefully. By accepting these Terms and using our website, you agree to be legally bound by these Terms and all terms incorporated by reference. If you don’t agree with these Terms or any of its Clauses, you shall immediately cease to use our website.
These Terms are open and public document. The current effective version of the Terms is located here.
1.1. “Website” shall mean www.nona.care.
1.2. “Nona.care” shall mean the company Nona Care UG (haftungsbeschränkt), duly organized under the laws of Germany with the registered address at Friedrichstraße 176-179, 10117, Berlin, Germany.
1.3. “User” shall mean the natural person (individual) accessing the Website, using Nona.care’s services through the Website and accepting these Terms.
There are two (2) types of the Users:
“Care Seeker” shall mean the User seeking care services (such as child care) and wishing to hire the services of the Care Provider;
“Care Provider” shall mean the User offering personal assistance (care services) to the Care Seeker through the Website (eg. babysitters).
1.4. “Territory” shall mean territories where Nona.care provides its services and Website.
1.5. In these Terms, unless otherwise specified, the words importing the singular include the plural and vice versa, and the words importing gender include all genders.
2. USING OF THE WEBSITE
2.1. Using of the Website constitutes an acceptance and confirmation of the User’s consent to be bound by these Terms, all applicable laws and regulations (including laws and regulations in the Territory), and the User agrees that the User is responsible for compliance with and that the User is compliant with the applicable laws (including laws in the Territory).
2.2. Nona.care offers various services through the Website to help its Users to find, coordinate, and maintain quality care services:
Nona.care enables Care Seekers to post jobs on the Website and look through the profiles of the Care Providers;
Nona.care enables Care Providers to post profiles on the Website and apply to jobs posted by the Care Seekers;
Nona.care provides search functionality on the Website;
Nona.care provides functionality on the Website to allow the Users to message other Users and to communicate and share information with other Users.
2.3. However, please, note that Nona.care doesn’t employ any Care Provider. It must be noted that Nona.care obligations are limited to supplying the means necessary in order to connect Care Seekers and Care Providers. The services the Care Provider provides to the Care Seeker are explicitly not carried out as part of an employment agreement with Nona.care.
2.4. The Users are responsible for compliance with all applicable employment and other laws in the Territory in connection with any employment relationship they establish (such as applicable payroll, tax and minimum wage laws). The Care Seeker is responsible for complying with all applicable employment and other laws in the Territory in connection with any employment relationship with the Care Provider, including verifying the age of the Care Provider as well as the Care Provider’s eligibility to work in the Territory.
2.5. Nona.care doesn’t have control over the quality, timing or legality of the services actually delivered by the Care Providers, or of the integrity, responsibility or actions of the Users.
2.6. Nona.care neither refers or recommends the Users nor makes any representations about the suitability, reliability, timeliness, or accuracy of the services provided by the Care Providers or the integrity, responsibility or actions of the Users whether in public, private or offline interactions.
2.7. The Care Seekers are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate Care Provider for themselves.
2.8. Nona.care has the right to involve third parties for the fulfillment of its obligations under these Terms.
2.9. By registering for and using the Website the User acknowledges and agrees that Nona.care may review and use any background checks for the purpose of protecting the safety and integrity of the Website and other Users. Please, note, that this is Nona.care’s right, not obligation.
2.10. Nona.care has the right to request the Users to provide Nona.care with any documents or information at any time. If the User refuses to provide Nona.care with requested documents or information, Nona.care has the right to block the access to the Website to such User.
2.11. The Website is accessible 24 hours per day, 7 days per week. However, Nona.care reserves the right, without providing notice or compensation, to temporarily suspend the Website or access to the Website in order to carry out work including, but not limited to: updates, maintenance operations and amendments to the servers, etc.
3. PERMISSIBLE USE
3.1. When accessing or using the Website, the User agrees that the User will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that the User is solely responsible for its conduct while using the Website.
3.2. Without limiting the generality of the foregoing, the User agrees that the User will not:
exploit the Website for any unauthorized commercial purpose;
damage, disable, overburden or impair the functioning of the Website in any manner;
modify, adapt or reverse engineer any portion of the Website;
use any robot, spider, crawler, scraper or other automated means or interface not provided by Nona.care to access to the Website or to extract data;
distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
use the Website to pay for, support, promote or otherwise engage in any illegal activities (such as illegal gambling activities, fraud, money-laundering or terrorist activities);
use the Website or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
display any content on the Website that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws (including applicable law in the Territory), or any third party rights;
upload, post, transmit or otherwise make available through the Website any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless the User is the owner of such rights or have the permission of the owner to post such content;
remove any copyright, trademark or other proprietary rights notices contained in or on the Website or any content posted thereon;
download any content posted by another User that the User knows, or reasonably should know, that cannot be legally distributed in such manner;
harass, abuse or harm another person or group, or attempt to do so;
interfere with other Users’ enjoyment of the Website;
create user accounts by automated means or under false or fraudulent pretenses;
use another User’s account on the Website;
provide false or inaccurate information when registering an account on the Website or communicating with other Users;
collect details of other Users.
3.3. In order to protect the integrity of the Website, Nona.care reserves the right at any time in its sole discretion to block Users who violate Section 3 of these Terms.
4. USER’S WARRANTIES AND OBLIGATIONS
4.1. By accepting these Terms and using the Website, the User represents and warrants that:
the User is at least 18 years old and has full capacity to contract under the applicable law (including applicable law in the Territory);
the User legally stays in the Territory; if the User is Care Provider, the User must be permitted legally work in the Territory;
neither the User nor any member of the User’s household may have ever been:
the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, or
registered, or currently required to register, as a sex offender with any government entity;
the User is not furthering, performing, undertaking, engaging in, aiding or abetting any unlawful activity through the User’s relationship with Nona.care or through the use of the Website;
the User is comporting with and obeying these Terms and all applicable laws (including applicable law in the Territory);
the User shall use the Website only for the purposes related to personal non-commercial use and the User does not represent any third party;
the User acknowledges and agrees that Nona.care is not acting as its agent or advisor in any capacity, but solely as a contact platform connected the Care Seekers and the Care Providers;
the User acknowledges and agrees that no communication or information provided to the User by Nona.care shall be considered or construed as advice;
the User shall not mislead other Users and third parties while using the Website;
the User will not take any action aimed solely at causing damage to Nona.care or other third parties;
recognizing the international nature of the Internet, the User accepts all responsibility for compliance with all local laws (including laws in the Territory) and regulations relating to the User’s actions in the network;
the User agrees and consents to receive electronically all communications, agreements, documents, receipts, notices and disclosures that Nona.care provides in connection with the use of the Website;
the User understands and acknowledges that any delays in the work of the Website are possible.
4.2. The User must provide accurate and complete information for the registration to use the Website. The User is responsible for the security of the passwords. If the User becomes aware of any unauthorized use of the password or the User’s account, the User shall notify Nona.care immediately via e-mail contact: email@example.com. Any actions carried out using the User’s password or the User’s account will be deemed to have been completed by the User, and the User will be solely responsible for this. Nona.care is not responsible for any loss or damage caused by unauthorized access to or use of the Website by third parties.
4.3. The User is solely responsible for any content that the User posts on the Website, or transmit to the other Users. The User understands and agrees that Nona.care may, in its sole discretion, review, edit, and delete any content (but it is the right, not obligation of the Nona.care). Nona.care does not:
guarantee the accuracy, completeness, or usefulness of any information on the Website or available through the Website, or
adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website or through the Website.
Under no circumstances will Nona.care be responsible for any loss or damage resulting from:
the User’s reliance on information or other content posted on the Website or transmitted to or by any User of the Website; or
reviews or comments made about the User on the Website by other Users.
4.4. Nona.care has the right to send the User by any means information about the operation of the Website, advertising, and also information and other messages within the Website. And the User by accepting these Terms agrees to receive any advertising, information and messages from the Nona.care.
4.5. The Care Provider and the Care Seeker shall conclude the agreement drafted by Nona.care (with all details about activities to do with a child, his medical status, expected way of communication etc.) before the babysitting and shall immediately provide Nona.care with the copy of the signed agreement via e-mail contact: firstname.lastname@example.org. The draft of such agreement is located here.
4.1. ADDITIONAL CARE PROVIDER’S WARRANTIES AND OBLIGATIONS
4.1.1. The Care Provider shall honestly and accurately represent him or herself, his or her certifications and qualifications.
4.1.2. The Care Provider is solely responsible for necessary registration and taxation in connection with his or her babysitting services according to the applicable laws (including applicable laws in the Territory).
4.1.3. When the Care Provider agrees to babysit for the Care Seeker, the Care Provider is to be fully responsible for the children in his or her care.
4.1.4. The Care Provider is to follow the Care Seeker’s instructions with regard to the babysitting job (e.g. house rules, playtime, bedtime). The Care Provider shall follow the Care Seeker’s recommendations, limitations or advice regarding child supervision (medical, food, behavior or any other questions related to the child).
4.1.5. The Care Provider is to contact the Care Seeker when he or she is unsure about how to handle a certain situation involving the children in their care (e.g. giving medication, putting a child to bed, etc.).
4.1.6. In case the Care Provider has to (unexpectedly) cancel an upcoming babysitting job, the Care Provider is to let Nona.care know at least twenty-four (24) hours before the start of the babysitting job. If the Care Provider cancels later than twenty-four (24) hours before the babysitting job, he or she is to pay a fine in the amount of the order price to Nona.care (directly or it will be taken from the next order according to the decision of the Nona.care).
4.1.7. The Care Provider is never to threaten or blackmail the Care Seeker, his or her family or children in their care.
4.1.8. The Care Provider is never to take anything from the apartment/hotel that is not theirs.
4.1.9. The Care Provider is to vet and speak to the Care Seeker, in advance, to ensure safety.
4.1.10. The Care Provider is to arrive at the agreed upon time for the babysitting job and notify Nona.care about the start of the babysitting job.
4.1.11. The Care Provider is to let Nona.care know well in advance if he or she is running late or off schedule and that he or she will not be able to make the start time.
4.1.12. The Care Provider is to dress appropriately for the babysitting job (e.g. no clothing featuring cuss words or inappropriate images).
4.1.13. The Care Provider is to ask the Care Seeker upon arrival if the Care Seeker has any expectations for the babysitter outside of the childcare role (eg. cleaning, cooking, or answering the phone).
4.1.14. The Care Provider is to know child-friendly places, playgrounds, and parks close by the location where the Care Seeker is staying.
4.1.15. The Care Provider is to assume full responsibility for the children under his or her care for the duration of the babysitting job.
4.1.16. The Care Provider will not, under any circumstances, resort to using physical or verbal punishments on the children in his or her care (e.g. grabbing, hitting, shouting, shaking, swearing, etc.).
4.1.17. The Care Provider is to contact the parents Care Seeker as soon as possible when problems arise that the Care Provider cannot handle by him or herself.
4.1.18. If an accident occurs and the child is seriously hurt, the Care Provider is to notify Nona.care, the Care Seeker or the emergency contact right after a 911 call is made.
4.1.19. The Care Provider is not to open the door to strangers (that is, anyone that the parents Care Seeker hasn’t explicitly approved).
4.1.20. The Care Provider is not to invite other people into the house during the babysitting job unless the Care Seeker gives permission to do so.
4.1.21. The Care Provider is not to consume alcohol, take drugs, smoke or engage in other harmful behaviors that will affect his or her ability to properly care for the children.
4.1.22. The Care Provider is to return the house in the same condition as he or she found it in upon beginning the babysitting job.
4.1.23. The babysitter Care Provider is to be honest to the Care Seeker about how the children behaved during the babysitting job.
4.1.24. The Care Provider is to notify the parents Care Seeker of any items damaged or broken during the babysitting job.
4.1.25. The Care Provider is to relay any complaints about the job to Nona.care, within a reasonable amount of time.
4.1.26. The Care Provider is to notify Nona.care about the end of the babysitting job.
4.1.27. The Care Provider is to let Nona.care know if the Care Seeker him or herself behaved inappropriately or unreasonably towards him or her.
4.1.28. The Care Provider is to write a review for the Care Seeker and the children on the Website.
4.1.29. Without the involvement of Nona.care, the Care Provider will not provide babysitting services for the Care Seekers that the Care Provider was connected to through the Website, nor will the Care Provider provide babysitting services for the person that was referred to the Care Provider or were introduced to the Care Provider by the Care Seeker that the Care Provider was connected with through the Website. If the Care Provider provides babysitting services as described in the sentence above the Care Provider will have to pay a penalty to Nona.care of five hundred (500,00) EUR for each such babysitting service the Care Provider provides.
4.2. ADDITIONAL CARE SEEKER’S WARRANTIES AND OBLIGATIONS
4.2.1. The Care Seeker has to make sure that the description and the conditions for arranging the Care Provider are in accordance with reality and therefore are correct and complete.
4.2.2. The Care Seeker will treat the Care Provider respectfully.
4.2.3. The Care Seeker will, during the time of providing babysitting services by the Care Provider, provide contact details to and will be available at all times for the Care Provider in case of emergency.
4.2.4. The Care Seeker ensures to provide all information, which Nona.care deems necessary or which can reasonably be deemed necessary by the Care Seeker, in a timely manner to Nona.care and/or the Care Provider.
4.2.5. The Care Seeker is required to immediately inform Nona.care regarding any facts and circumstances that could be of interest in connection with the performance of the agreement between the Care Seeker and the Care Provider.
4.2.6. The Care Seeker will provide the Care Provider, before the start of the babysitting, with all relevant information required to properly fulfill the babysitter services.
4.2.7. The Care Seeker indemnifies Nona.care from any claims for damages occurred during the performance of the agreement between the Care Seeker and the Care Provider and that are attributable to the Care Provider.
4.2.8. The Care Seeker is not allowed to provide information and/or contact details of the Care Provider to third parties.
4.2.9. The Care Seeker is not allowed to enter into any kind of agreement with the Care Provider from the Website without the intervention of Nona.care. If the Care Seeker does so anyway the incur a fine of one hundred (100,00) EUR per day that the Care Provider works for the Care Seeker.
5. PRICES AND REFUNDS
5.1. The price for the Care Provider’s babysitting services is available on the Website.
5.2. The Care Provider receives the payment for his or her babysitting services directly from the Care Seeker. For the use of Nona.care services and the Website, the Care Provider must pay Nona.care a commission from each payment received from the Care Seeker as soon as possible however within three (3) days after finishing each babysitting service.
5.3. The Care Seeker shall pay to the Care Provider for babysitting services and immediately notify Nona.care about the amount of payment and method of payment made to the Care Provider.
5.4. The Care Seeker can also acquire the “package of Care Provider’s services” in the volume of 10 hours / 30 hours / 60 hours and pay for this “package of services” to the Care Provider directly.
5.5. Generally, the Care Seeker doesn’t pay Nona.care for the use of the Website. Notwithstanding the above, the Care Seeker may choose to pay additional membership fee directly to the Nona.care to receive some benefits from the Nona.care (such as discounted prices for the services of the Care Providers, extended database of the Care Providers etc. at the Nona.care’s choice).
5.6. Nona.care may offer limited-time free trial subscriptions to certain Users from time-to-time at its own discretion. Nona.care can grant discounts to certain Users from time-to-time at its own discretion.
5.7. It is User’s responsibility to determine what, if any, taxes apply to such User, and it is the User’s responsibility to report and remit the correct tax to the appropriate tax authority. The User agrees that Nona.care is not responsible for determining whether taxes apply to such User or for collecting, reporting, withholding or remitting any taxes arising from any transactions.
5.8. All fees paid to Nona.care for the use of the Website and Nona.care services are non-refundable.
5.9. The Users can get acquainted with prices for Care Provider’s services, prices for “package of services”, Nona.care’s commissions, membership fees, payment methods, limited-time free trial subscriptions (if applicable) and possible discounts (if applicable) here. For more information the User can contact the customer support via e-mail contact: email@example.com
6. PERSONAL DATA
6.1. By accepting these Terms, the User expressly allows Nona.care to process its personal data, export its personal data outside of the jurisdiction in which the User resides or is located.
6.3. Nona.care can receive from the Users and any third parties, collect and publish on the Website the information about the children and their families (such as hobbies, what they are interested in etc.), and the Care Providers and Care Seekers completely agree with this.
7. COPYRIGHT PROTECTION
7.1. Using the Website does not give the User ownership of any intellectual property rights in the Website, any software or any content.
7.2. The materials contained in the Website are protected by applicable copyright and trademark laws and treaties.
8. MODIFYING THE WEBSITE
8.1. Nona.care is constantly changing and improving the Website and its services.
8.2. Nona.care has right to add or remove functionalities or features to the Website, or add or create new limits for using the Website and its services at any time.
9. LINKS TO THIRD PARTY SITES
9.1. The Website may contain links or submit access to the third parties sites and to displayed on such sites content, which is the result of intellectual activity of the third parties and protected in accordance with the applicable laws. Nona.care does not check these sites and the content displayed on them for compliance with the applicable laws. Nona.care is not responsible for any information or content displayed on such sites to which the User gets access through the Website, including, any opinions or statements expressed on such third parties sites.
9.2. The User confirms that since the User will pass to the link on the Website to the site of the third party, the relations between the Nona.care and the User shall terminate and the Nona.care is not responsible for the accuracy of the information displayed on the websites of the third parties, use the services and the content of the third parties by the User, the validity of such use and quality of the services and content displayed on the third party’s sites.
10.1. The User agrees to hold harmless and indemnify Nona.care from and against any third party claim arising from or in any way related to:
the User’s breach of the Terms;
the User’s violation of applicable laws, rules or regulations (including applicable laws, rules and regulations in the Territory) in connection with the Website;
materials and content the User submit, post or transmit through the Website;
any relationship or agreement formed between the Care Seeker and the Care Provider,
including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs of every kind and nature.
10.2. In such case, Nona.care will:
provide the User with written notice of such claim, suit or action;
provide the User the opportunity to control the defense and/or settlement of such claim, suit or action;
provide the User reasonable assistance in such defense or settlement, upon reasonable request and at the User’s expense.
11.1. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT NONA.CARE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
11.2. THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT USE OF THE WEBSITE IS AT THE USER’S SOLE RISK AND THAT THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
11.3. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NONA.CARE MAKES NO EXPRESS WARRANTIES REGARDING THE WEBSITE, SERVICES OR ANY APPLICATIONS OR EXTERNAL SITES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT CORRECTNESS, ACCURACY AND RELIABILITY.
11.4. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NONA.CARE DOES NOT REPRESENT OR WARRANT TO THE USER THAT: (A) THE USER’S USE OF THE WEBSITE WILL MEET THE USER’S REQUIREMENTS, (B) THE USER’S USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) DATA AND CONTENT THROUGH THE WEBSITE WILL BE ACCURATE OR (D) THE WEBSITE OR ANY CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11.5. it is not predictable how many requests for the care providers Nona.care will receive. nona.care cannot and do not in any way guarantee to connect the care provider to the care seeker. Connecting the care provider to the care seeker does not provide the care providerwith any guarantees for or any right to a new connection in the future.
12. LIMITATION OF LIABILITY
12.1. SUBJECT TO SECTION 11 ABOVE, THE USER UNDERSTANDS AND AGREES THAT NONA.CARE SHALL NOT BE LIABLE TO THE USER FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY THE USER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS, EVEN IF NONA.CARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2. SUBJECT TO SECTION 11 ABOVE, THE USER AGREES THAT THE AGGREGATE LIABILITY OF THE NONA.CARE TO THE USER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE WEBSITE OR SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE 500 EUR.
12.3. The foregoing limitations of liability shall apply whether the alleged liability or Losses are based on contract, negligence, tort, strict liability, or any other basis.
12.4. Nona.care is not liable for any damages caused, suffered or incurred by the Care Provider during his or her services.
12.5. Nona.care is also not responsible or liable for any breach of contract between the care seeker and the care provider.
13.1. These Terms shall enter into force for the User since the use of the Website and shall be in force for an indefinite period.
13.2. The User may terminate these Terms at any time by canceling the User’s account on the Website. The User will not receive any refunds if the User cancels its account or otherwise terminate these Terms.
13.3. Nona.care reserves the right to suspend the User’s access to the Website for any or no reason, including but not limited to breaches of these Terms, in its sole and absolute discretion, immediately without prior notice and without liability.
13.4. Nona.care reserves the right to terminate and block the User’s access to the Website for any or no reason, including but not limited to breaches of these Terms, in its sole and absolute discretion, immediately without prior notice and without liability.
13.5. Nona.care shall not give reasons of its actions.
13.6. Upon any termination of these Terms, Sections 2 – 12, 14 shall survive.
14. GOVERNING LAW AND ARBITRATION
14.1. These Terms are governed by the laws of Germany.
14.2. Nona.care and the User irrevocably and unconditionally submit to the exclusive jurisdiction, venue, and forum of Germany, and all courts competent to hear appeals therefrom.
14.3. Nona.care is always interested in resolving disputes amicably and efficiently. So, before commence arbitration, Nona.care suggests that the User contacts Nona.care to explain its complaint, for the resolve it without the need for arbitration. The User may contact Nona.care via e-mail contact: firstname.lastname@example.org .
15.1. Nona.care may revise these Terms at any time and without notice to the User or third parties. Nona.care reserves the right to make any changes retroactive.
15.2. By using the Website, the User agrees to be bound by the then-current version of these Terms. Herewith continuation of the usage of the Website after making changes or amendments to these Terms means acceptance of the User of such changes or amendments, and therefore the User shall regularly monitor changes in these Terms.
Nona.care may transfer rights and obligations under these Terms to third parties without the additional consent of the User. The User is entitled to assign its rights and obligations under these Terms to any third party only with prior written consent of Nona.care.
16.2. No partnership
Nothing in these Terms shall be construed as creating a joint venture, an agency relationship or a legal partnership between Nona.care and the User.
16.3. Entire Agreement
These Terms constitutes the whole agreement between the User and Nona.care and supersedes any previous arrangements or agreements between them relating to the transactions contemplated in these Terms.
16.4. Severance and Validity
If any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under the law of any relevant jurisdiction, such provision shall be deemed to be severed from these Terms and shall be replaced with one having an effect as close as possible to the deficient provision. The remaining provisions of these Terms will remain in full force.
From time to time, Nona.care may need to spend time dealing with issues brought to Nona.care by the User. Where any User’s issue is not caused by Nona.care’s negligence or oversight, Nona.care reserves the right to recover reasonable administrative costs spent addressing the User’s issue. Except as provided otherwise in these Terms, the User and Nona.care shall pay its own costs and expenses in connection with the negotiation, preparation and performance of these Terms.