Terms and Conditions
These Terms and Conditions (the "Terms") set forth the terms and conditions under which the em-om.com Site and/or the Services (as defined below) may be used. Some of our Services may be subject to additional policies and terms and conditions, which you may be required to specifically agree to before using those Services ("Additional Terms").
Kindly read these Terms and any applicable Additional Terms before using the Site or the Services. By merely using the Site or the Services, you hereby represent and warrant to understand and accept these Terms and any applicable Additional Terms in their entirety whether or not you register as a user of the Site or Services.
- These Terms contain an Agreement to Arbitrate, which will require you to submit claims you have against em-om to binding and final arbitration (see Section"Agreement to Arbitrate"). You may only pursue claims and seek relief against em-om on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding.
- These Terms are subject to change by em-om at any time. We will notify you about material changes in these Terms by sending a notice to the email address you have registered in your account, or by placing a notice on our Site’s homepage, so that you can choose whether to continue using our Services. Material changes will go into effect no less than 30 days after we notify you by the above-mentioned notification process. Non-material changes or clarifications will take effect immediately upon posting of the updated Terms on our Site. You should periodically check our Terms for updates. Any use of the Site or the Services by you after the effective date of any changes coming into effect will constitute your acceptance of such changes. If you do not wish to accept any new or amended Terms, you should not continue to use the Site or the Services.
For purposes of these Terms, and except to the extent expressly excluded below, the "Site" shall mean em-om.com and any other websites, web pages, mobile applications and mobile websites operated by em-om ("em-om" or "we"), and the "Services" shall mean any of the services that em-om provides on or through the Site or any other channels, including without limitation, over the telephone.
Description of Services; Limitations; User Responsibilities
a) About Our Services
em-om is an online platform that connects individuals and entities looking for childcare services with individuals and entities willing to provide such services. The services we offer on the platform (the “Services”) are as follows:
- Enable individuals and entities/agencies who provide care services ("Caregivers") to post profiles on the Site and apply to job offers posted by Families.
- Enable families and entities seeking care services (the "Family"(ies)) to post profiles and to post job offers on the Site
- Allow Families and Caregivers to identify the Caregivers and Families they are interested in meeting with, based on their needs and preferences
- Allow users, Families and Caregivers to communicate together and share additional information through an embedded chat window.
- Provide basic, high level tips and information to assist Families and Caregivers in making more informed decisions at their entire and sole discretion and liability. Such tips would figure as part of the Frequently Asked Questions (FAQ) on the website em-om.com
We assume no liability whatsoever for any decision by a Family to recruit a Caregiver and /or by a Caregiver to accept a job posted by a Family; moreover, we are not liable for any payments due or made between Families and Caregivers.
Our Services shall continue to grow and change. Please refer to our Site for further information and updates about the Services we provide.
We offer a variety of Services, acting only as a platform to help our users search and identify care services they are looking for. We do not employ any Caregivers. Families are therefore fully and solely responsible for compliance with all applicable employment and other laws in connection with any employment relationship they might establish (such as applicable payroll tax, social security and minimum wage laws, eligibility of the Caregiver to work in a territory). Further, we do not have control over the quality, timing, or legality of the services actually delivered by Caregivers, or of the integrity, responsibility or actions of Families or Caregivers and we neither refer or recommend Families or Caregivers, nor make any representations about the suitability, reliability, timeliness, or accuracy of the services provided by Caregivers or the integrity, responsibility or actions of Families or Caregivers whether in public, private, online or offline interactions.
We may list reputable agencies on the Site, particularly agencies providing care services. However, each such agency operates independently of us and is not under our control. Accordingly, we do not assume responsibility for the conduct of, or quality of the services provided by, such agencies or the individual Caregivers they employ. Any issues concerning such agencies, their Caregivers, or their services must be resolved directly with the agency and/or the individual Provider the agency selected to provide the services.
Family and Caregiver content, such as but not limited to posts and profiles, is primarily user generated, and we do not control or vet user generated content for accuracy. Consequently, we do not assume any responsibility for the accuracy or reliability of any information provided by Caregivers or Families on or off this Site.
Caregivers are solely responsible, for any tax, withholding or reporting, including, but not limited to, unemployment insurance, social security or payroll withholding tax or income reporting in connection with any services provided by Caregivers. Caregivers understand and agree that if we are found to be liable for any tax, withholding tax or reporting obligation in connection with any services provided by any Caregiver, then the Caregiver will immediately reimburse and indemnify us for all costs, expenses and liabilities (including any interest and penalties) relating to the same.
If requested by em-om, you agree to provide em-om with such identification documents (including tax ID numbers, copies of passports and driver's licenses) or other information as may be needed or requested by em-om.
We are not responsible for the conduct, whether online or offline, of any Caregiver, Family or other user of the Site or Services. Moreover, we do not assume and expressly disclaim any liability that may result from the use of information provided on our Site. All users, including both Families and Caregivers, hereby expressly agree not to hold us (or our officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, hereinafter "Affiliates") liable for the actions or inactions of any Family, Caregiver or other third party or for any information, instruction, advice or services which originated through the Site, and, we and our Affiliates expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
c) User Responsibilities
There is no obligation on em-om to conduct any screening whatsoever on a Family or Caregiver at any point in time. In case em-om conducts a screening of a Family or Caregiver and/or his, her or its information, then such screening will be very limited and should in no way be taken as complete, accurate, up-to-date or conclusive of the individual's or entity's suitability as an employer or care provider. Users are solely responsible for conducting their own due diligence by interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate Caregiver and Family. We recommend to take reasonable precautions in all interactions with Families, Caregivers or other users of the Site or the Services, particularly if you decide to meet offline or to offer a job to a Caregiver or to take a job with a Family. By using the Site or the Services, you agree to immediately report any alleged improprieties of any users therein to em-om by notifying em-om of the same via email.
Eligibility to Use the Site and Services
By registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into, and abide by these Terms. You also represent and warrant that you meet the following eligibility requirements:
- Our Services are available only to individuals who are eighteen (18) years or older. If you do not meet the above age requirement, do not register to use the Site or Services.
- If you are a Caregiver, you must ensure, at your sole cost and responsibility, that you are authorized/permitted to: (i) post your profile on the Site, e.g. by obtaining the prior authorization of a relevant syndicate you are part of, and (ii) legally work within the relevant territory.
- You have never been (i) the subject of a restraining order, 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 (ii) registered, or currently required to register, as a sex offender with any authority.
- You must not be our competitor or using our Services for any purpose not expressly intended by em-om.
Rules for Conduct and Use of Services
a) Registration, Posting, and Content Restrictions
What we mean by "Content" is any text, communications, images, documents, and all the material, data, and information that you and other users upload or transmit through the Site or Services. By posting any Content while using our Services, you agree, represent and warrant that:
- You undertake to provide accurate, current and complete information when registering to use the Site and the Services.
- You will register your account in your own name, even if you are seeking care for your child or a relative.
- Unless otherwise permitted by em-om, all Content you post will be in English and/or Arabic.
- Notwithstanding the efforts we will deploy to verify that Content is acceptable as detailed in the following paragraph, you are solely responsible for, and will hold em-om and its Affiliates harmless from, any Content that you post on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as but not limited to: copyright infringement or computer misuse, or give the impression that any Content emanates from em-om where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to em-om or to any other user of the Site. Without limiting the foregoing, you represent and warrant that you have the right and authority to post all information you post about yourself or others, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any Content you post to post such Content.
- You agree that em-om may, in its sole discretion, review, edit, and delete any Content, in each case in whole or in part, that in the sole judgment of em-om violates these Terms or which em-om determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others.
- Your use of the Services, including but not limited to the Content you post on the Site, must be in accordance with any and all applicable laws and regulations.
- em-om is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.
Opinions, advice, statements, offers, or other information or, generally, Content made available on the Site or through the Site, but not directly by em-om, are those of their respective authors. Such authors are solely responsible for such content. em-om does not: (i) guarantee the accuracy, completeness, suitability or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, post or statement made by any party that appears on the Site or through the Service.
You agree that em-om has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. If you disagree with a review, you may post a rebuttal to the review, provided your rebuttal complies with these Terms. You may not terminate your registration and re-register in order to prevent a review from being associated with your account. The author of a review can always remove or request removal of a review they have written.
em-om disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any users of the Site. Users hereby represent, understand and agree to hold em-om harmless for any misstatements and/or misrepresentations made by or on behalf of them on this Site or in any other venue.
b) Personal Use
If you are a Family, you may use your account only to find care for your children, your grandchildren, individuals for whom you are otherwise the legal guardian or your relatives. If you are a Caregiver, you may use your account only to find jobs for yourself. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.
c) Prohibited Uses
By using the Site or Services of em-om, you agree that you will not under any circumstances:
- use the Site, Services, or any information contained therein in any way that is abusive, threatening, harassing, harmful, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the Site or Services for any fraudulent or unlawful purpose, for any purpose not expressly intended by em-om or for the promotion of illegal activities;
- use another user's em-om account;
- provide false or inaccurate information when registering an account on em-om, using the Services or communicating with other users;
- attempt to re-register with em-om if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account;
- attempt to interfere with the proper functioning of em-om's Services;
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or collect or manipulate data (whether manually or through automated means);
- use the communication systems provided by or contacts made on em-om for any commercial solicitation purposes;
- post, upload or link to malicious content intended to damage or disrupt another user's browser or computer.
In order to protect our users from prohibited activity, we reserve the right to take appropriate actions at our sole and entire discretion, including but not limited to restricting the amount of phone numbers a Family may view or the amount of emails a user may send in any 24-hour period to an amount which we deem appropriate in our sole discretion.
Should em-om deem that you violated the terms of this Section or any terms stated herein, em-om reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services. By using the Site and/or Services, you agree that em-om may assess, and you will be obligated to pay, $10,000 (ten thousand US dollars) per each day that you: (i) maintain Family or Caregiver information (including but not limited to, names, addresses, phone numbers, or email addresses) or copyrighted material that you scraped (either directly or indirectly in a manual or automatic manner) from the Site, or (ii) otherwise misuse or misappropriate Site Content, including but not limited to, use on a "mirrored", competitive, or third party site. This obligation shall be in addition to any other rights we may have under these Terms or applicable law.
Further, in order to protect the integrity of the Site and the Services, em-om may at any time at its sole discretion block users from certain IP addresses from accessing the Site.
d) Background Records and Checks
You acknowledge and agree that em-om may review and use background records you post about yourself for the purpose of protecting the safety and integrity of our Site and its users. We reserve the right to terminate your access based on the information contained in such posted background records, even if such information was subsequently dismissed.
You hereby acknowledge and agree that em-om has the right, but not the obligation, to verify on an ongoing basis that your registration data is accurate or run periodic background screenings on you for the purpose of protecting the safety and integrity of our Site and its users ("Internal Background Checks"). em-om may undertake these verifications and/or screenings when you register with em-om and thereafter in connection with your continued use of our Services and/or interaction with our Site. We also reserve the right to terminate your em-om registration based on the information we receive from these verifications and checks, even if such information was subsequently changed or corrected. You hereby represent, understand and expressly agree that em-om does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these verifications or checks. You further agree that em-om is under no obligation to reinstate any accounts it may have terminated even if the information that led to the termination is subsequently changed or corrected.
BY AGREEING TO THESE TERMS, YOU AGREE TO ALLOW US TO PERFORM THESE VERIFICATIONS AND INTERNAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATIONS AND INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE OUR SITE AND SERVICES.
If you decide to access, use, or share information provided by a background record, you agree to do so in accordance with applicable law. It is always best that you request original of posted documents and rely on your own verifications before hiring or working for a Caregiver/Family since em-om has no obligation to perform Internal Background Checks or conduct verifications on any users. In any case, you agree to release, indemnify and hold harmless em-om from any loss, liability, injury, death, damage, or costs that may result from your use of, reliance on, or sharing of the information contained in a background record or the Site, including, without limitation, due to the inaccuracy or incompleteness of any such information.
em-om reserves the right, in its sole and absolute discretion, to immediately terminate your access to all or part of the Site and/or Services, to delete your profile and/or any Content posted by or about you from the Site, and/or to terminate your account with em-om, without incurring any liability as a result thereof, with or without notice, for any reason or no reason, particularly but without limitation if em-om deems that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as user, have misused or misappropriated Site content, including but not limited to use on a "mirrored," competitive, or third-party site. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.
Following any termination of any individual's use of the Site or the Services, em-om reserves the right to send a notice thereof to other users with whom we believe the individual has corresponded. Our decision to terminate an individual's registration and/or to notify other users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual's character or general reputation.
Links to External Sites
Links from the Site to external sites or inclusion of advertisements and other third-party content do not constitute an endorsement by em-om of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such third-party content, but are for users' reference and convenience.
Payments and Refunds
To use our Services, you may pay em-om either a recurring or one-time subscription, or other fees. Furthermore, you are responsible for any state or local sales taxes associated with the Services, if any.
a) Billing and Payment
If you purchase an em-om subscription package / plan, you agree to pay us all charges associated with your subscription, as described on the Site at the time you subscribe and provide your payment information. You also authorize em-om, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of the subscription package / plan to which you subscribe. The subscription period and the amount and frequency of the charges will vary depending on the subscription plan you select. em-om reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
In case you elect to purchase other Services or products we may offer for a fee, you authorize us to charge your chosen payment provider for the purchased Services and/or products. You agree that if we already have your credit card details as a result of prior purchases you have made, we may charge that credit card for the subsequent Services/products you purchase.
b) Renewal and Cancellation of Subscription
IF YOU ARE A “CAREGIVER”, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL EQUIVALENT PERIOD AS THE SUBSCRIPTION TERM YOU ORIGINALLY SELECTED AND AT THE SUBSCRIPTION RATE AND FREQUENCY DISCLOSED TO YOU ON THE SITE WHEN YOU ORIGINALLY SUBSCRIBED, UNTIL CANCELLED BY YOU OR EARLIER TERMINATED BY US. IF YOU ARE A “FAMILY”, YOUR MONTHLY SUBSCRIPTION SHALL NOT BE AUTOMATICALLY RENEWED.
IF YOU DECIDE TO CANCEL YOUR SUBSCRIPTION DURING THE SUBSCRIPTION PERIOD, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY CONTINUE TO BE BILLED FOR THE SUBSCRIPTION UNTIL ITS ORIGINALLY SCHEDULED EXPIRATION DATE.
You may cancel your subscription at any time by contacting our customer service department at email@example.com. You may be required to pay any cancellation or other fees associated with your early termination, if any, as disclosed to you at the time you signed up for the subscription plan.
c) Refund Policy
Except as set forth in these Terms or as described on the Site at the time you make a purchase, all payments for the Services/products are non-refundable and there are no refunds or credits for unused or partially used or cancelled Services/products. em-om does not provide refunds or credits under any circumstances, unless it determines in its sole discretion that a refund or credit is warranted due to extenuating circumstances, such as duplication of charges.
Disclaimers; Limitations; Waivers; Indemnification
a) No Warranty
The information and materials contained on the Site, including text, pictures, documents, information, links or other items are provided "as is" or "as available." WE DO NOT: (1) WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION AND MATERIALS; (2) ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN US; (3) WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) WARRANT ANY FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY EXCLUDE ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.
IN ADDITION, AS ALREADY MENTIONED ABOVE, AND WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS A CAREGIVER OR TO EMPLOY THE SERVICES OF A CAREGIVER.
THE INFORMATION AND MATERIAL CONTAINED ON THE SITE IS PROVIDED FOR YOUR INTERNAL USE ONLY AND MAY NOT BE COPIED OR REDISTRIBUTED FOR ANY REASON. THE INFORMATION IS THE INTELLECTUAL PROPERTY OF EM-OM OR ITS INFORMATION PROVIDERS. IN NO EVENT WILL WE BE LIABLE IN ANY WAY WITH REGARD TO SUCH INFORMATION. YOUR USE OF THE INFORMATION MUST IN ALL CASES ALWAYS COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
b) Assumption of Risk
You assume all risks when using the Site and the Services, including but not limited to all risks associated with any online or offline interactions with other users of the Site or the Services. You agree to take all necessary precautions when interacting with other users.
c) Limitation of Liability
Incidental Damages and Aggregate Liability. In no event will we be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including information from profiles or posts, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if em-om, or representatives thereof, are advised of the possibility of such damages, losses or expenses. IN ANY CASE, UNDER NO CIRCUMSTANCES WILL OUR AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 (twenty five US dollars).
No Liability for Others Actions. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, ARISING OUT OF OR RELATING TO YOUR CONDUCT OR THE CONDUCT OF ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED USING THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
In addition to the preceding paragraphs and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal, taxation or other advice. em-om makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
By agreeing to these Terms, users of the Site and Services agree to indemnify, defend and hold harmless em-om and its Affiliates from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys' fees and costs incurred by em-om and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, (ii) use of the Site or Services by you in violation of these Terms or in violation of any applicable law, or (iii) any relationship or agreement formed with a Caregiver or Family using the Site or Services. Users further agree that they will cooperate as reasonably required in the defense of such claims. em-om and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of em-om.
It is our policy to respond to notices of alleged copyright infringement. If you consider any materials accessible on our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting us and providing the following information:
- Identification of the copyrighted work that you consider to be infringed, with a description of the work and a copy or the location (e.g., URL) of an authorized version of the work where possible.
- Identification of the material that you believe to be infringing and its location, with a description of the material and its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and e-mail address.
- A statement that you have a good faith belief that the use of the material subject matter of your complaint is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
In an effort to protect the rights of copyright owners, our policy is to opt for the removal of any material that infringes your copyright and / or to terminate, in appropriate circumstances, users of this Site who are repeat infringers.
Agreement to Arbitrate
a) Agreement to Arbitrate
This Section is referred to in these Terms as the "Arbitration Agreement". You agree that all claims relating to or arising out of these Terms or the breach thereof, whether in contract, tort, or otherwise that have arisen or may arise between you and em-om or an em-om Affiliate, whether relating to these Terms (including any alleged breach thereof), the Services, the Site, or otherwise, shall be resolved exclusively through final and binding arbitration rather than a court, in accordance with the terms of this Arbitration Agreement. Your rights will be determined by neutral arbitrator(s), not a judge or jury. The Cypriot laws govern the interpretation and enforcement of this Arbitration Agreement.
b) Prohibition of Class Actions and Non-Individualized Relief
YOU AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION, ACTION OR PROCEEDING, IF ANY. UNLESS BOTH YOU AND US EXPRESSLY AGREE OTHERWISE, THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AGAINST US AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR(S) MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed as having not agreed to arbitrate disputes.
c) Amicable Dispute Resolution
em-om is always interested in resolving disputes amicably and efficiently. So before you commence arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us via email at firstname.lastname@example.org
d) Arbitration Rules
If we cannot resolve a Claim informally, any Claim either of us asserts arising out of or in connection with the present Terms and/or the use of the Site shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more Arbitrators appointed in accordance with the said Rules. Both of us accept the provisions of the said Rules and undertake to abide by them. If there is any inconsistency between these Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will prevail unless the Arbitrator(s) determine(s) that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator(s) must also follow the provisions of these Terms as a court would, including without limitation, the above-mentioned limitation of liability provisions.
The place of arbitration shall be Nicosia, Cyprus and the language of arbitration shall be the English language.
The applicable law shall be the Cypriot law.
Each party will be responsible for its attorney fees.
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator(s), will be strictly confidential for the benefit of all parties.
f) Future Changes to this Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, you and we agree that if em-om makes any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, such change shall not be effective until at least 60 days from the date of its posting, and shall not apply to any claim that was filed in a legal proceeding against em-om prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and shall not be effective as to any claim that was filed in a legal proceeding against em-om prior to the effective date of removal.
These Terms, and all claims relating to or arising out thereof, or the breach thereof, whether in contract, tort, or otherwise, shall be governed by the laws of Cyprus, without giving effect to its principles of conflicts of law.
Consent to Electronic Communication
By using the Site or Services of em-om, you agree to allow em-om to communicate with you electronically, and you consent to electronic delivery of notices, documents, or products from em-om via the em-om Site, mobile application, online messaging platform, or e-mail. You also agree to check your em-om account, alerts, and messages, and the e-mail account reflected on your em-om on a reasonably regular basis to stay apprised of important notices and information about your account.
Nothing in these Terms shall be construed as making either party the partner, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. Each Affiliate is expressly made a third party beneficiary of these Terms and may enforce the same directly against you. These Terms will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. If a court or arbitrator(s) decide(s) that any term or provision of these Terms is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified.
Intellectual property rights
All materials on the Site other than the Caregiver’s and the Families’ are either owned by em-om or are the property of em-om suppliers or licensors. You may not use these materials except as we give you written permission to do so.
The service marks and trademarks "em-om" and the em-om logo are owned by em-om. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. You agree that you recognize the rights of em-om and the respective third parties in those marks. You may not copy or use any of these marks, logos or trade names without the written permission of the owner.
c) Ownership and Use
Em-om retains ownership of its intellectual property rights and you have no rights to em-om's intellectual property or em-om's rights in its intellectual property. Except to the extent you are actually reading materials on the Site as you use the Site or Services (or downloading or printing such materials for your personal reference), you have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Site.
d) Your Content
Other than the non-exclusive license granted to em-om with respect to User Content, em-om will not acquire an ownership interest in your post.
If you have any questions or need clarifications or information as to the Site or Services provided by em-om, or need to notify us/report to us as to any matters relating to the Site or Services, please contact us at: