Terms & Conditions
Last updated: July, 2019
Welcome to Joshin! Joshin, LLC (“Joshin,” “we,” “us,” and “our”) connects independently contracted care providers (“Joymakers”) and families in need of care services (“Customers”).
These Terms and Conditions (together with any documents referred to in them) (collectively, these “Terms”) are a legal agreement entered into by and between you and Joshin. “You” or similar terms such as “user,” “visitor,” “Joymaker,” “caregiver,” “family member, “care recipient” or similar, means you the individual using the Platform, as well as any other person on whose behalf you are using the Platform and any person or entity who may have or obtain rights through you.
Please read these Terms carefully. You accept and agree to the most-recent version of these Terms and Conditions by performing any of the following: (i) using the Platform or (ii) clicking a check-box indicating your agreement to these Terms. If you do not want to agree to these Terms, you must not access or use the Platform.
Joshin reserves the right to make changes to the Platform and these Terms at any time in our sole discretion, and we will post updates to the Terms on our website. Your continued use of the Platform, or any other service provided through the Platform, means that you accept and agree to the modified Terms and Conditions. If you are dissatisfied with the Platform, its content or Terms and Conditions, you agree that your sole and exclusive remedy is to discontinue using the Platform.
You may only use this Platform if you are at least eighteen (18) years of age, and you represent and warrant that you are at least eighteen (18) years of age.
1. Care Services
Joshin provides the Platform to connect Joymakers and Customers who are the parent or legal guardian of care recipients ("Care Recipient(s)") with an on-demand booking service (a “Care Date”). Joshin’s Platform permits registered users to book Care Dates with various Joymakers. Once the Customer makes such a booking, the Platform notifies the selected Joymaker that a Care Date opportunity is available and the Platform facilitates completion of the service by sending a booking request to the selected Joymaker for the selected available date. Joshin is not a staffing company.
The Customer agrees to complete and maintain their Care Plan located in the Platform and Joshin agrees to provide the Customer with access to profiles of a pool of available Joymakers when Customer requests a Care Date through the Platform. The Customer is responsible for the accuracy of the Care Plan prior to each request for a Care Date. This includes, but is not limited to, personal information, changes in medication, preferences and any other information the Customer deems relevant.
THE CUSTOMER IS SOLELY RESPONSIBLE FOR REVIEWING AND MAINTAINING THE ACCURACY AND COMPLETENESS OF ALL INFORMATION IN THE CARE PLAN ON A REGULAR BASIS, INCLUDING BUT NOT LIMITED TO UPDATING PERSONAL CONTACT INFORMATION AND CARE PLAN DETAILS. JOYMAKERS ARE RESPONSIBLE FOR MAINTAINING THE ACCURACY OF THEIR PROFILES AND INFORMATION. JOSHIN IS NOT RESPONSIBLE FOR INACCURATE OR OUT OF DATE INFORMATION IN THE CARE PLAN OR ANY CUSTOMER OR JOYMAKER PROFILE.
Scheduling Care Dates
Prior to requesting a Care Date, the Customer is responsible for reviewing and updating the applicable Care Plan (in the Platform) to reflect the Care Recipient’s then current needs.
Customer may request Care Dates through the Platform (subject to the Platform Terms and Conditions then in effect) or by contacting the Joshin main office at the number below. Whether the request is made through the Platform or through the Joshin main office, Joymakers will then be contacted with a booking request to accept.
2. Intellectual Property Rights; Limited License to Use Platform
Unless otherwise noted, the Platform and its entire content, features and functionality (including all information, software, text, displays, images, video, audio, and the compilation thereof) and any products offered via this Platform are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Joshin, its suppliers or affiliates, or by third parties who have licensed their materials to Joshin and are protected by U.S. and international copyright, trademark, patent, trade secure and other intellectual property or proprietary laws. Joshin and its suppliers and licensors expressly reserve all intellectual property rights in all images, text, programs, products, processes, technology, content and other materials which appear on this Platform.
Access to this Platform does not confer and shall not be considered as conferring upon anyone any license under any of Joshin’s or any third party's intellectual property rights, other than the limited, personal, non-transferable, non-assignable, license to install the Platform on your mobile device, tablet, or similar computing device, solely and exclusively for your personal use.
Restrictions on Use.
You may not rent, lease, lend, sell, redistribute or sublicense the Platform. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Platform). You may not use, copy or share any content from the Platform for any commercial purpose, nor for the purpose of creating or facilitating any competitive product or business. Any attempt to do any of the foregoing is a violation of the rights of Joshin and its licensors, specifically including but not limited to copyright rights. If you breach this restriction, you may be subject to prosecution and damages. You are not permitted to use the Platform for any purpose other than as expressly permitted under these Terms. You acknowledge that we, or a third party acting on our behalf, may audit your use of the Platform, including remotely auditing activity on your mobile device, tablet, or other computing device (collectively referred to as a “computer”) for the purpose of detecting prohibited activity.
All licenses terminate immediately upon our written notice, and automatically upon the termination of your subscription / relationship with Joshin. You agree to de-install the Platform at any time upon our request, and permit us to remotely “wipe” or de-install the Platform from your computer at any time, with or without notice. We are not under any obligation to preserve or return to you any data you may have stored on or through the Platform.
Joshin’s names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Joshin. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Platform. Access to this Platform does not authorize anyone to use any name, logo or mark in any manner.
3. Changes to the Platform
You agree and understand that the Platform, including any and all features available via the Platform, may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Platform implemented after your initial access to the Platform shall be subject to these Terms.
4. Platform Access
We may discontinue all or part of this Platform at any time. We may block, limit or terminate your access to this Platform for any reason, including if: (a) you violate these Terms; (b) you violate any applicable law or regulation relating to your use of this Platform; (c) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, interferes with the Platform, is defamatory or otherwise harmful to us or others; (d) you breach any other agreement with us.
5. Your Account and Computer Data Safety
When and if you use the Platform, it is your sole responsibility to restrict access to your computer and to maintain the confidentiality of your account information, password and any other account identifiers related to any personal account you created on the Platform (the "Account"). You also agree to accept sole responsibility for any and all activity that occurs under your Account. You should take reasonable steps to protect your computer systems and data from viruses, hackers, identity thieves and other similar problems.
6. Platform Rules; User Content
Any feedback, comments, suggestions, ideas, materials and other submissions that you send to us, upload, transmit, or otherwise post through the Platform or by email, mail, telephone, at our stores or otherwise, or in any social media accessible in the future through us or our Platform or related to or associated with us ("User Content") are provided on a non-proprietary basis. By submitting User Content, you are granting us an irrevocable, perpetual, world-wide, assignable, sublicenseable, transferable and unrestricted license to the User Content for any purpose whatsoever, including use, reproduction, publication, broadcast, posting, modification, transmission, display, distribution or creating derivative works.
You are and shall remain solely responsible for any of your User Content, including its legality, reliability, accuracy and appropriateness. Joshin reserves the right to monitor, modify or delete any User Content, in our sole discretion.
In connection with the Platform, you must not:
Post, transmit, or otherwise make available through or in connection with the Platform, any virus, work, Trojan horse, time bomb, or other computer code, file or program that is potentially harmful or malicious;
Use any device, software or routine that interferes with the Platform;
Restrict or inhibit any other person from using the Platform;
Collect, copy, “scrape,” or otherwise gather or harvest information about other users of the Platform or Joshin families or Joymakers for any purpose, other than for using the Platform to offer to provide or receive services through Joshin itself;
Reproduce, modify, adapt, translate, create derivative works of or otherwise exploit any portion of the Platform;
Use the Platform in an unlawful or fraudulent manner, or pretend to be any person other than yourself;
Use the Platform in a way that harasses other users or that is reasonably deemed offensive;
Engage in any political activity or any sales activity;
Post any illegal, discriminatory, harassing, offensive, or profane material;
Use the Platform for any purpose other than for your own receipt of care services if you are a family, or your provision of services if you are a Joymaker;
Provide false or misleading information about yourself or any other person or entity;
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform; the server on which the Platform is stored, or any server, computer or database connected to the Platform.
Use any automatic device, process or means to access the Platform for any purpose, including monitoring or copying content on the Platform; and
Otherwise attempt to interfere with the proper working of the Platform.
Take any action that is prohibited by separate agreement (such as a Joymaker agreement or a family care agreement) between you and Joshin.
7. Pricing, Availability and Accuracy
The Customer may not schedule Care Dates until the Customer has fully paid the Joshin Subscription Fee (defined below). The Customer is responsible for updating Joshin with any change in payment information or when payment information is expired.
Hourly Services Fees: The Customer sets their own hourly rate in the Platform. Joshin, or a third party payment processing service, will charge Customer the hourly rate and number of hours per Care Date, plus the applicable service fee as outlined below.
Subscription Fee: The subscription fee, which gives the Customer access to the Joshin Platform, is not refundable, in whole or part, upon termination of these Terms. This includes, but is not limited to, termination for Customer’s failure to provide a suitable care usee to Joshin to book Care Dates, Customers may choose one of the following options; monthly, bi-annual or annual subscription fee. The Customer is responsible for updating Joshin with any change in payment information or when payment information is expired, by updating such information in their Customer profile on the Joshin Profile under “Payment Information.” The Subscription Fee is not refundable for any termination of these Terms, including but not limited to termination for Customer’s failure to book a Care Date. Customers shall be automatically charged the subscription at renewal if no notice or cancellation is given in writing to hello@Joshin.com no later than 14-days prior to the renewal date. Unless such notice is received in writing no later than fourteen days prior to the renewal date, Joshin will renew the Customer’s subscription level based on the current plan. Joshin will charge the customer using their payment information on file.
Service Fee: A service fee will be added to each booking, according to the fee schedule in effect at the time of booking, available at [URL] (as may be updated by Joshin from time to time). . The service fee will be calculated on the total cost of the booking which may include hourly fee and any Care Date add on’s.
Processing fee: A $25 processing fee will be charged to the Customer should a fee payment request be rejected by the Customer’s paying agent due to any reason.
For all pricing / fees and availability, and similar details such as locations, as described in the Platform are subject to change without notice. Errors will be corrected where discovered, and Joshin reserves the right to revoke any stated price or other term and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged.
8. Term and Termination
These Terms remain in effect for the term of Customer’s use of Joshin’s services, until terminated in accordance with these Terms. Either party may terminate for any reason or no reason effective after 14 days’ written notice. Notwithstanding the foregoing, Joshin may terminate these Terms or any scheduled Care Dates immediately upon written notice at any time it deems necessary in its sole discretion, including but not limited to situations in which Joymakers have chosen not to provide services further to a Customer and/or Care Recipient.
9. Insurance Obligations
Customer is responsible for the premises where the Joymaker works and for compliance with all laws on the premises.
Customer Insurance. Customer is responsible to have adequate health, accident, vehicle, disability, hospitalization, personal property, or other insurance necessary to provide for and pay any medical or other costs that may be attendant as a result of any injury to Customer or Care Recipient, or as a result of damage to personal property.
Joshin Insurance. Joshin does not provide any insurance for Customer, Care Recipient or Joymaker.
10. Infringing Material/DMCA.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Platform infringe your copyright, you may request removal of those materials (or access to them) from the Platform by submitting written notification to the email address listed in “Contact Information” below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Platform, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Platform was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to the email address listed in “Contact Information” below. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Platform may be found) and that you will accept service from the person (or an agent of that person) who provided the Platform with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Platform was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who provide or upload reviews, comments, or other materials that infringe the rights of others or are otherwise inappropriate or that violate any law or regulation or misuse this Platform.
11. Third Party Resources; Links
You agree to defend, indemnify and hold Joshin and its service providers and suppliers harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Platform and/or your breach of these Terms or from any claim arising from your acts or omissions.
13. Disclaimer of Platform Warranty and Limitation of Liability
THIS PLATFORM, ITS CONTENTS, AND PLATFORM RELATED PRODUCTS AND SERVICES, INCLUDING CARE-GIVING NETWORK SERVICES, ARE PROVIDED "AS IS" AND “AS AVAILABLE,” AND WITH ALL FAULTS EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THESE TERMS. JOSHIN ON BEHALF OF ITSELF AND ITS SUPPLIERS AND COUNSELORS, DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTIABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION AND TITLE/NON-INFRINGEMENT.
TO THE EXTENT NOT PROHIBITED BY LAW, NEITHER JOSHIN NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS PLATFORM OR ANY ASPECT THEREOF SHALL BE LIABLE FOR ANY PERSONAL INJURY, DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THIS PLATFORM, OR ERRORS OR OMISSION IN THE CONTENT THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL JOSHIN’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES EXCEED THE AMOUNT YOU HAVE PAID TO JOSHIN FOR SERVICES PROVIDED THROUGH THE PLATFORM IN THE PREVIOUS THREE (3) CALENDAR MONTHS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU AGREE THAT ACCESS TO AND USE OF THIS PLATFORM AND THE CONTENT THEREOF IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THIS PLATFORM, OR RELATED SOFTWARE, DATA, EMAILS, PRODUCTS OR SERVICES ARE FREE FROM DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS ARE LIMITED AS REQUIRED BY APPLICABLE LAW. JOSHIN DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM IS OR WILL REMAIN COMPATIBLE OR INTER-OPERABLE WITH ANY PARTICULAR COMPUTER, OPERATING SYSTEM, OR THIRD PARTY SOFTWARE OR TOOL.
JOSHIN DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT WE WILL BE ABLE TO MEET YOUR CARE NEEDS OR THAT ANY JOYMAKER OR CUSTOMER OR CARE-RECIPIENT IS APPROPRIATE FOR YOU AND/OR YOUR FAMILY; ONLY YOU CAN MADE THAT DECISION. JOSHIN IS NOT LIABLE FOR CANCELLATIONS, CHANGES, OR MISREPRESENTATIONS BY EITHER JOYMAKERS OR CUSTOMERS. JOSHIN DOES NOT WARRANT THAT ANY REPRESENTATIONS MADE BY JOYMAKERS ARE ACCURATE. JOSHIN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN CUSTOMERS AND JOYMAKERS.
14. Customer Release of Joshin
Customer hereby represents and warrants that Customer is the parent or legal guardian of the Care Recipient or otherwise has the right to agree to these Terms on behalf of the parent or legal guardian, as well as on behalf of the Care Recipient. Provided that Joshin has provided the services defined above with reasonable care and within any applicable legal requirement, Customer, the Care Recipient, and/or others that may assert a claim on Customer or Care Recipient’s behalf hereby agree that Joshin and its officers, directors, employees, insurers, independent contractors, and anyone acting on behalf of, or on instructions from, Joshin (collectively, the “Released Parties”) shall not be held responsible or liable for any loss, damage, theft of personal property, personal injury, death, costs, or expenses of any nature arising from or related to negligence of the Released Parties or otherwise. For purposes of these Terms, the Released Parties specifically excludes Joymakers. For clarity, any acts of gross negligence or more culpable misconduct of the Released Parties are expressly excluded from the foregoing waiver and release.
Customer agrees that the Released Parties shall not be held responsible or liable for any claims that a Joymaker may have or assert against Customer. Customer will indemnify and hold the Released Parties harmless from any and all such claims by a Joymaker.
15. Government Users
The Platforms and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
15. Independent Contractor Status of Joymakers
Joymakers are independent contractors and not employees of Joshin. Joshin is not responsible for any employment related wage or tax compliance. Nothing in these Terms shall be construed to make or render a Joymaker an employee of, or joint venturer or partner of, Joshin for any purpose whatsoever, including without limitation, participation in any benefits or privileges given or extended by Joshin to its employees
17. Nonsolicitation and Noncircumvention
Customer understands and agrees that Joshin has developed its relationships with Joymakers, and with Customers and Care Recipients using the Platform, at great effort and expense. Customer agrees that during the term of these Terms and for a period of six (6) months following termination or expiration of these Terms, regardless of the reason for termination, Customer will not either for themselves, Care Recipient, or any other entity or person: (a) induce or attempt to induce any Joymaker to end or diminish their relationship with Joshin, (b) in any way interfere with the relationship between Joshin and any Joymaker or other customer, without the express written permission of Joshin.
18. Governing Law; Arbitration; Jurisdiction
These Terms are governed by the laws of the State of Minnesota, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms or any aspect of the relationship between you and Joshin (including any affiliates or related entities), whether based in contract, tort, statute, fraud, misrepresentation or other legal theory, will be resolved through final and binding arbitration in accordance with the American Arbitration Association’s rules and procedures. The arbitration shall take place in Minneapolis, Minnesota and the proceeding shall be confidential. The award rendered by the arbitrator may be confirmed and enforced in any court of competent jurisdiction. To the extent the arbitration provision above is not enforced for any reason, the parties hereby submit to the exclusive jurisdiction and venue of the federal and state courts located in Hennepin County, Minnesota and waive any claim of inconvenient forum.
YOU AGREE THAT JOSHIN AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY. YOU FURTHER AGREE THAT ANY ARBITRATION OR DISPUTE RESOLUTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION OR ANY SIMILAR COLLECTIVE LEGAL ACTION. YOU WILL PURSUE ANY CLAIM OR DISPUTE REGARDING JOSHIN IN YOUR INDIVIDUAL CAPACITY AND NOT AS PART OF A CLASS ACTION OR COLLECTIVE ACTION. ANY CLAIM BY YOU MUST BE RAISED WITHIN TWELVE (12) MONTHS FROM THE DATE ON WHICH THE CLAIM AROSE OR IT IS WAIVED AND VOID.
The Platform is controlled and operated from the United States, and is not intended to subject Joshin to any non-U.S. jurisdiction or law. Any use of the Platform is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Platform’s availability at any time, in whole or in part, to any geographic area or jurisdiction that we choose. Any element or term of these Terms that are prohibited by law shall be deemed modified to the minimal extent necessary for such term to comply with or be permitted by applicable law.
19. Additional Agreements
For all Joymakers and Customers that have entered into a separate agreement(s) between yourself and Joshin, you are additionally subject to the additional terms of any such agreement between yourself and Joshin, including but not limited to any agreement signed by you, and those terms are in addition to, and not in lieu of, these Terms and Conditions. You agree to comply with the terms of the other agreement between you and Joshin.
21. Contact Information
If you have questions or comments about these Terms and Conditions, please contact us via email at support@Joshin.com or by telephone at 1-866-866-0345. You agree that we may communicate with you by any means and through any contact information you have provided to us, including through the Platform messaging function.