TERMS OF SERVICE
Effective Date: May 1, 2020
Welcome to Loconomics.
These Terms of Service (“Agreement”) contain the terms on which Loconomics Australia, Inc. (“Loconomics” or “Loconomics Cooperative”), a California Consumer Cooperative Corporation, offers you access to www.loconomics.com.au, an internet platform (”Website”) and mobile application (“Loconomics Application”). Loconomics Australia owns and operates this Website, the Loconomics Application, the mobile and touch versions of the Website, and any individual websites or service-professional-specific, city-specific, or other area-specific websites we have now or in the future. The Loconomics Application, the Website, and links contained within or otherwise available through external hyperlinks within or directed to our Website or the Loconomics Application, and various services provided by Loconomics or third parties will be collectively referred to as the “Loconomics Service.”
By using the Loconomics Service, you agree to this Agreement with Loconomics. It is important that you understand the Agreement, because the Agreement governs your relationship with Loconomics as well as transactions made with third parties using Loconomics.
This Agreement includes:
a) Your agreement that the Loconomics Service is provided “as is” and without warranty (Section 21).
b) Your agreement that Loconomics has no liability regarding the Services scheduled through the Loconomics Service (Section 20).
c) Your consent to release Loconomics from liability based on claims between Users (Section 17).
d) Your agreement to indemnify Loconomics from claims due to your use or inability to use the Loconomics Service or content submitted to the Loconomics Service in connection with your account or profile (Section 22).
e) Your consent that either party has the right to compel arbitration (Section 18).
f) Your consent that no claims can be adjudicated on a class basis (Section 18).
This Agreement is effective on October 1st, 2017 for current users, and upon acceptance for new users.
2. Use of the Loconomics Service
You are responsible for all equipment required to access the Loconomics Service, including but not limited to, a properly-configured computer or smartphone with Internet access, any required software such as a properly-configured Internet browser or mobile application, and any other equipment needed to use the Loconomics Service.
Only persons who are 18 years old or older may become a User of the Loconomics Service. This is because persons who are under 18 years old are unable to enter into binding contracts.
You may not interfere with the proper working of the Loconomics Service. You may not copy, modify, or distribute (a) content from the Loconomics Service or (b) any other content covered by Loconomics’ copyrights and trademarks. You may not harvest or otherwise collect information about Users, including email addresses, without those Users’ consent.
Your User Account may be terminated without warning if Loconomics believes that you have violated any term of this Agreement or any federal, state, or local laws, rules, or regulations.
3. Neutral Venue
The Loconomics Service is a communications and client management platform for connecting people offering Services (“Service Professionals”) and people looking for Services (“Clients”). Service Professionals, Website visitors, Clients, and other users of the Loconomics Service together are referred to as “Users.” The work that a Service Professional will provide to a Client, and for which the Client will pay the Service Professional, is referred to as “Services.” Services also include any materials provided by the Service Professional, either with or without charge, to the Client. Loconomics creates a neutral venue for Service Professionals to find Clients, and for Clients to find Service Professionals.
Users contract for Services directly with other Users. Loconomics does not take part in the Services provided to Clients by Service Professionals and will not be a party to any contracts for Services. Rather, Loconomics is merely a communication, scheduling, and payment processing platform.
When using the Loconomics Service, you may be a Service Professional, a Client, or both.
Users do not have authority to enter into contracts or commitments, whether written or oral, implied or express, on behalf of Loconomics.
4. No Employment of Service Professionals
Loconomics is not an employer of the Service Professionals and Service Professionals do not become Loconomics employees by providing Services to Clients or by becoming Owners of Loconomics. You acknowledge that we do not supervise, direct, control, or make representations about the suitability, reliability, timeliness, or accuracy of the Services offered and provided by Service Professionals through the Loconomics Service in any manner. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement or by the receipt of any benefits or advantages received by Service Professionals through Loconomics. As such, we will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security, or payroll withholding tax in connection with your use of the Loconomics Service. You understand and agree that if we are found to be liable for any tax or tax withholding in connection with your use of Services, then you will immediately reimburse and pay to us an equivalent amount, including any interest or penalties thereon. You further agree to indemnify, hold harmless, reimburse (for taxes, penalties, interest, and attorney’s fees), and defend us from any and all claims that a Service Professional was misclassified as an independent contractor or an employee, any claims that we were an employer or joint employer of a Service Professional, and any claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment, retaliation, wage and hour laws, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits.
Service Professionals are solely responsible for all aspects of the Services they perform, including the quality, timing, legality, or failure to provide Services. Loconomics does not control the actions or inactions of Users.
Loconomics does not provide any materials or supplies to provide the Services. Service Professionals must provide their own tools and equipment.
Service Professionals manage their own schedules, availability, pricing, and quality of Services provided.
Loconomics does not require training for Service Professionals, apart from training that the Service Professional must obtain for providing Licensed Professional Services. However, optional training may be offered as a benefit for Loconomics Owners.
Service Professionals are encouraged to advertise independently.
One purpose of forming Loconomics as a cooperative is to provide ideal working opportunities and conditions to independent Service Professionals, while ensuring that Services Professionals remain independent and have choice and flexibility in their work.
5. User Accounts and Communication
If you are a Client, you must create a User Account with Loconomics to schedule an appointment. If you are a Service Professional, you must create a User Account with Loconomics to use the Loconomics Service. If you create a User Account with us, you agree to provide true, accurate, and complete information and to update such data as necessary. If we have reasonable grounds to suspect that your information is inaccurate, we may suspend or terminate your account and prohibit you from any use of the Loconomics Service (see also Section 14, “Loconomics Service Termination”). You agree not to use any user name that is obscene, defamatory, or derogatory. You are responsible for maintaining the confidentiality of your password and for changing your password if you believe that it has been stolen or might otherwise be misused. You agree to notify Loconomics immediately of any unauthorized use of your user name and/or password and any other suspected breach of security regarding the Loconomics Service. We shall not be liable for any loss or damage arising from the unauthorized use of your user name and/or password.
By providing your phone number and using the Loconomics Service, you hereby affirmatively consent to Loconomics and Users conducting transactions with each other through the Loconomics Service using your phone number for calls and, if such phone number is a mobile number, for text messages, in order to assist with facilitating the requested Services. Standard call or message charges or other charges from your phone carrier may apply to calls or text messages we send you. You may opt-out of receiving text messages from Loconomics by replying with the word “STOP” to a text message from Loconomics.
Loconomics may send you confirmation and other transactional emails regarding the Services. Loconomics may also send you emails about services that we think might interest you (“Promotional Emails”). The Promotional Emails include an option for you to opt out of receiving such emails.
6. Rules for Service Professionals
Service Professionals must be individuals, not agencies or people acting on behalf of agencies; however, worker-owned cooperatives and nonprofit organizations may be Service Professionals if approved as Owners according to the Bylaws and any other policies specifically applicable to worker-owned cooperatives and nonprofit organizations. Except in the case of worker-owned cooperatives and nonprofit organizations, the profile you create must represent a single person performing Services; you may not have employees, agents, or substitutes provide Services on your behalf.
Service Professionals may choose to partner with other Service Professionals using our group scheduling functionality to perform particular Services that require more than one person. In such cases, Service Professionals must still be individuals, not agencies or people acting on behalf of agencies.
Service Professionals must perform Services at the scheduled time and as described to the Client when scheduling or, if you are unable to fulfill Services at the scheduled time, you must promptly notify the Client and cancel or reschedule using the Loconomics Service.
Service Professionals are responsible for managing availability for online appointments including maintaining the accuracy and completeness of available times, Services available, service locations and/or service areas, and all other information necessary for Clients to schedule online appointments with you.
Service Professionals offering mental and health care Services that are reimbursable by federal and state health care programs agree:
a) not to seek reimbursement from any third party payer (including, but not limited to, Medicare or Medi-Cal) for any portion, in whole or in part, of the Services scheduled through the Loconomics Service, and to accept as payment in full the amount paid by Client for the Services at the time of scheduling (or later, if so agreed);
b) not to offer Services at discounted or promotional pricing through the Loconomics Service, and not to advertise any such discounts or promotions through the Loconomics Service.
The Services cannot, under any circumstances, include:
a) sexual activity; or
b) unlawful activity of any kind.
It is your responsibility to ensure that you are legally able to provide your Services.
You represent that you have the legal ability in your jurisdiction and where you are marketing your Services to perform the Services listed in the Loconomics Service. Without limiting the foregoing, you represent that you have any license required to provide your Services and are willing to undergo a Background Check prior to providing Sensitive/Licensed Professional Services (see also Section 19, “Background Checks”).
7. Rules for Clients
Clients are solely responsible for choosing suitable Service Professionals. Loconomics does not endorse any Service Professional. When acting as a Client, you agree that Loconomics is not responsible or liable for unsatisfactory Services performed by Service Professionals. You should make whatever investigation you deem necessary or appropriate before hiring or engaging a Service Professional (see also Section 19, “Background Checks”).
Clients are responsible for attending (if so agreed at the time of scheduling) all appointments made through the Loconomics Service or, if you are unable to attend an appointment, to promptly notify the Service Professional and cancel or reschedule using the Loconomics Service.
You may not hire Service Professionals with the purpose of reselling their Services.
You will take the necessary safety precautions when meeting Service Professionals to ensure both their and your own safety.
You accept responsibility to confirm that the Service Professional’s identity and professional license or certification (if required) match the information on their profile.
8. Fee Structure
Joining Loconomics, viewing profiles, and viewing descriptions of Services are free. Current fees for all services are listed on our Fees page. The following provides a general overview of fee structure and which specific fee amounts are subject to change.
If you are a Service Professional, you may use the Loconomics Service free of charge for a limited time per any promotional terms (“Trial Period”). After the Trial Period has ended, payment of a monthly or annual fee “User Fee” is required to continue using the Loconomics Service. A valid credit card is required, and the User Fee is billed in advance on a monthly or annual basis (“Billing Period”) in accordance with our pricing schedule. Payment for the first Billing Period of service will become due immediately upon the end of the Trial Period; if you have not yet entered your credit card information, we will prompt you for this information. You must enter your credit card information before the end of the Trial Period or your account will become inaccessible. After your credit card information is entered, your credit card will be immediately charged for the first Billing Period of service. Thereafter, your credit card will be billed for each Billing Period after the Trial Period until your account is terminated by you or by Loconomics. You warrant that the credit card you enter is good and valid, and that you are authorized to use such credit card. You authorize Loconomics to charge such credit card for amounts due for the Loconomics Service. Loconomics reserves the right to suspend or cancel your account if a charge to your credit card is denied or disputed. All payments are non-refundable; Loconomics does not refund for partial months of service or non-use of the Loconomics Service. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities with respect to your use of the Loconomics Service, and you shall be responsible for payment of all such taxes, levies, or duties.
Loconomics may charge a fee to Clients upon scheduling of Services through the Loconomics Service. Any “Booking Fee” will be disclosed at the time the scheduling is made.
Loconomics intentionally does not charge any Booking Fee for any mental or health care Services regulated under federal or state law prohibiting such fees. Should you feel a Booking Fee has been charged in error for such Services, please e-mail support@@loconomics.com.au and it will be refunded and corrected.
Loconomics charges a set fee for certain premium services, such as a Background Check. The cost of a premium service is disclosed at the time you sign up for the premium service.
Loconomics deducts the Payment Service Provider’s payment processing fees from the total amount paid by a Client for Services before transferring the Payment Amount owed to a Service Professional.
Loconomics reserves the right to change the fee structure set forth above, at its sole discretion. Loconomics will give Users at least fourteen (14) calendar days’ notice of any change to the fee structure by posting the change on the Loconomics Service.
9. Payments, Adjustments, and Cancellations
Users of the Loconomics Service may be required to provide their credit card or bank account details to Loconomics and the Payment Service Provider “PSP” retained by Loconomics (currently, Braintree, a division of PayPal, Inc.).
The cost of Services scheduled through the Loconomics Service, any agreed out of pocket expenses owed to the Service Professional, any tip or gratuity, if applicable, and any service fees owed to Loconomics for the use of the Loconomics Service are collectively referred to as the “Payment Amount.”
When payment is required when scheduling Services, Loconomics will charge the Client’s credit card the Payment Amount after the appointment for the scheduled Services. Loconomics may also put a hold on the Client’s credit card for the Payment Amount at the time the appointment is scheduled through the Loconomics Service to ensure that payment can be taken at the appropriate time. Certain Services may require that, by a clearly stated deadline, a Client and/or Service Professional mark that Services are complete after the appointment is finished and/or finalize a Payment Amount. Should the User not complete the requested actions before the deadline, the User forfeits their right to make any adjustments.
When payment is not required at the time of scheduling an appointment, the Client agrees to pay the Service Professional the Payment Amount using the Service Professional’s preferred payment option(s).
Service Professionals may make bundles or packages available in which Users can purchase multiple Services or sessions in a single transaction. All sessions of the Services must be scheduled through the Loconomics Service. Service Professionals may set an expiration date for any bundle or package, and any unused package value is lost as of the expiration date.
Clients may have the option of choosing that the Services to be repeated on a regular basis (“Recurrent Services”). For example, a Client may choose that Services be performed every two weeks. When a Client chooses Recurrent Services, Loconomics will automatically schedule those Recurrent Services to occur on future dates indefinitely at the frequency requested by the Client. The Client’s credit card will be charged for the Recurrent Services as the appointments for Services occur and for any applicable cancellation fees. Loconomics cannot guarantee appointments for Recurrent Services will not be canceled or rescheduled by the Service Professional.
Services may be canceled or rescheduled up to the “Cancellation Period” (the advance notice prior to the scheduled appointment time required to effect an appointment cancellation outlined in the Service Professional’s own policy on cancellation (“Cancellation Policy”) of the appointment to take place. If you wish to cancel or reschedule Services, you must do so by using the appointment cancellation feature through the Loconomics Service prior to any Cancellation Period for such Services. You understand and agree that should you cancel or reschedule your Services after the Cancellation Period or if you do not show up for your appointment time, you may be charged part of or the full value of the Services in accordance with the Service Professional’s Cancellation Policy (“Cancellation Fee”).
Service Professionals set their own Cancellation Policies, and Loconomics must enforce these Cancellation Policies. It is therefore very important to understand a Service Professional’s Cancellation Policy prior to attempting to cancel or reschedule an appointment. A full refund of a Cancellation Fee may be issued to a Client upon three events:
a) if the Client cancels Services before the Cancellation Period;
b) if the Service Professional cancels the Client Services; or
c) if the Service Professional refuses to honor any Services at the agreed date and time.
If you wish to make a request for a refund, any such request for refund must be made within 48 hours after the scheduled end time of the Services. For each valid refund request, Loconomics will refund the Payment Amount upon request in the original form of payment, or will credit the User Account of the Client with an equivalent value in Loconomics “Credits” for future purchases through the Loconomics Service. Loconomics Credits do not expire.
Loconomics reserves the right, in its sole discretion (but not the obligation), to (a) place on hold all or a portion of any Payment Amount, or (b) refund the Payment Amount, provide Credits, or arrange for the PSP to provide a refund.
Service Professionals may be required to register with the PSP, agree to Terms of Service of the PSP, and go through a vetting process at the request of the PSP to set up their account with the PSP. Terms of Service between Service Professionals and the PSP retained by Loconomics are available by clicking here (the “PSP Agreement”). By accepting these Terms of Service, each Service Professional agrees that they have opened, downloaded, or printed, and reviewed and agreed to the PSP Agreement. Please note that Loconomics is not a party to the PSP Agreement and that you, the PSP, and any other parties listed in the PSP Agreement are the parties to the PSP Agreement and that Loconomics has no obligations or liability to any Service Professional under the PSP Agreement.
Users of the Loconomics Service will be liable for any taxes required to be paid on the Services provided under the Agreement.
Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that Loconomics cannot and does not offer tax advice to Service Professionals or Clients. You have to pay your taxes for any income you receive in transactions resulting from using Loconomics. We are not liable for your nonpayment of taxes.
10. Public Nature of Your Statements
The Loconomics Service may contain User profiles, descriptions of Services, Reviews, photos, email systems, blogs, or other message or communication facilities (“Public Areas”) that allow Users to communicate with each other. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable area.
Loconomics reserves the right to terminate its Agreement with you or any other User who infringes third-party copyrights. If you believe that any material has been posted via the Loconomics Service by a User in a way that constitutes copyright infringement, you shall provide Loconomics with the following information:
a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
b) an identification of the copyrighted work and the location on the Website of the allegedly infringing work;
c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law;
d) your name and contact information, including telephone number and e-mail address; and
e) (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Contact information for Loconomics’s DMCA Agent for notice of claims of copyright infringement is: Loconomics Australia, Inc., Attention: DMCA Agent, 3150 18 th Street, Suite 438, Mailbox 208, San Francisco, CA 94110, support@@loconomics.com.au. UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Loconomics and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Loconomics’ rights and obligations under the DMCA, including 17 U.S.C. ß512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Loconomics has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Loconomics may also at its sole discretion limit access to the Loconomics Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You may not do the following through your Statements or on any Public Area:
a) post content of a sexual or sexually-suggestive nature;
b) post content in an inappropriate category or areas;
c) post any discriminatory content;
d) post any content that violates any law or third party rights;
e) harass or threaten any person;
f) post or distribute false, inaccurate, misleading, infringing, defamatory, or libelous content (including personal information);
g) post or distribute any offensive, obscene, or unlawful content;
h) take any action that may undermine the feedback or ratings systems;
i) post or distribute spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
j) advertise or offer to sell services not relevant to the Loconomics Service;
k) distribute viruses or any other technologies that may harm Loconomics, or the interests or property of any Users;
l) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your profile information including public Reviews that have been posted to your profile referred to as “Your Information”) without the prior express written permission of Loconomics and the appropriate third party, as applicable.
The foregoing list of prohibitions is not complete or exclusive. Loconomics does not control or endorse any Statement found in any part of the Public Areas, and we specifically disclaim any liability concerning the Statements and the Public Areas and any actions resulting from your participation in any part of the Public Areas, including any objectionable content.
If you violate any of these prohibitions, Loconomics in its sole discretion may take any of the following actions:
a) delete some or all of your reviews or other Statements;
b) limit your User privileges;
c) suspend or terminate your User Account;
d) report to law enforcement authorities any actions that may be illegal;
e) take other appropriate action.
Loconomics will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Public Area, the Loconomics Service, or elsewhere on the Internet.
At Loconomics, Clients are able to leave reviews of Service Professionals, and Service Professionals are able to leave reviews of Clients (“Reviews”). Accurate and honest Reviews are critical to the effective operation of the Loconomics Service. Accordingly, you agree to use careful, prudent, and good judgment when leaving reviews of another User. The following review-related actions are prohibited:
a) threatening to leave a negative Review in order to coerce a User into providing or receiving Services not agreed to as part of the Services to be provided;
b) leaving a Review in order to make the Service Professional or Client appear better or worse than he or she actually is or was;
c) impersonating any other person, falsifying contact information, misrepresenting a relationship with any Service Professional, or otherwise attempting to mislead others as to the identity of the sender or the origin of a Review;
d) attempting to prevent another User from leaving a Review.
If you violate any of these prohibitions, Loconomics in its sole discretion may take any of the following actions:
a) delete some or all of your Reviews or other Statements;
b) limit your User privileges;
c) suspend or terminate your User Account; or
d) take other appropriate action.
In the event of a dispute between Users regarding a Review, Loconomics will make the final decision regarding the resolution of the dispute. You agree that Loconomics has the right to remove any Review at any time in its sole discretion. You agree that Loconomics shall not be liable for the content of any Review, or for the removal or failure to remove a Review.
You may choose to or we may invite you to submit comments or ideas about the Loconomics Service, including without limitation about how to improve the Loconomics Service or other products (“Idea(s)”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Loconomics under any fiduciary or other obligation to you, and that we are free to use or publish the Idea without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by reviewing or accepting your submission, Loconomics does not waive any rights to use similar or related ideas previously known to Loconomics, or developed by its staff members, or obtained from sources other than you.
13. License Grant
By posting Statements or other information on or through the Public Areas or through Feedback or in connection with the Loconomics Service, you grant Loconomics a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research, or any other lawful purpose, without limitation
14. Loconomics Service Termination
Loconomics may immediately terminate your right to use the Loconomics Service without notice to you under certain circumstances, including, but not limited to:
a) breaches of the Terms of Service or Other Policies;
b) requests by law enforcement, government agencies, or court order;
c) security and technical issues or problems;
d) non-payment of any fees owed by you; or
e) extended periods of inactivity.
If we terminate your right to use the Loconomics Service, you understand and agree that we may delete all of your content (and any content associated with you) and that we will not be liable to you or any third party, for any termination of your right to use the Loconomics Service or for the deletion of your content.
Upon termination, we will have no further obligation to grant you any access to or use of the Loconomics Service.
15. Special Promotions
We may from time to time provide certain promotional opportunities to Users. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.
In the event that you are given a code through which you may refer a friend to Loconomics in exchange for a referral credit, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request, or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting, or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
16. Third Party Resources
The Loconomics Service may give you access to links to third-party websites. We provide such third party links to help you find potentially relevant resources, but we do not endorse any of these third party sites or services and we do not control them in any manner. Accordingly, the Company does not assume any liability associated with the third party service. You need to take appropriate steps to determine whether accessing a third party service is appropriate using your own discretion, and to protect your personal information and privacy on such third party site or service.
If you have a dispute with another User, you should make every attempt to resolve your dispute in direct conversation with the other User, preferably using the Loconomics messaging service. Should Users be unable to reach a resolution in a dispute about Services, Payment Amount, or a User Review, Loconomics will make the final decision.
You release Loconomics (and its officers, directors, members, owners, employees, agents, subsidiaries, and affiliates) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in their favor at the time of executing the release, which if known by him or her must have materially affected their settlement with the debtor.”
If you have a complaint about the Loconomics Service, you may direct complaints to:
Loconomics Australia, Inc.
3150 18th Street Suite 438
San Francisco, CA 94110
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
We will make every reasonable effort to resolve any disagreements that you have with Loconomics. If those efforts fail, by using the Loconomics Service you agree that any claim, dispute, or controversy you may have against Loconomics arising out of, relating to, or connected in any way with this Agreement, the Loconomics Service, or the purchase or sale of any Services, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that:
a) The arbitration shall be held in San Francisco, California or at such other location as may be mutually agreed upon by you and Loconomics;
b) The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law;
c) There shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or Loconomics’ individual claims, and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated;
d) In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Loconomics will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and
e) With the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Loconomics shall be entitled to arbitrate their dispute.
19. Background Checks and License Verification
Service Professionals may choose, and in some cases are required, to undergo Background Checks or License Verification. These Background Checks and License Verifications are carried out in accordance with the “ Background Check and License Verification Policy,” which is available HERE and incorporated into this Policy by reference. Both Clients and Service Professionals are strongly encouraged to read that policy in detail.
Loconomics cannot and does not assume any responsibility for the accuracy or reliability of Background Check and License Verification information, the Tier System, and the decisions made thereunder, or any other information provided by or about Service Professionals. The scope of Background Checks and License Verification is limited and any information that is provided to Clients by Service Professionals, including but not limited to educational background, skill-level, and other self-descriptive information is offered on a solely volunteer basis by each Service Professional and is not verified by Loconomics unless specifically stated otherwise. Loconomics does not endorse any self-descriptive statements by Service Professionals and does not confirm nor deny the accuracy of these statements unless otherwise noted. BACKGROUND CHECK AND LICENSE VERIFICATION INFORMATION IS PROVIDED AS A COURTESY TO CLIENTS AND SHALL BE USED AT CLIENT’S OWN RISK. NEITHER LOCONOMICS NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY SERVICE PROFESSIONAL OR CLIENT OF THE SERVICE AND YOU HEREBY RELEASE LOCONOMICS AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. LOCONOMICS AND ITS AFFILIATES AND LICENSORS SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY, DAMAGE, OR LOSS INCLUDING BUT NOT LIMITED TO NEGLIGENT, INTENTIONAL, AND OTHER TORTIOUS OR CRIMINAL ACTS, ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE WHEN COMMITTED BY ANY SERVICE PROFESSIONAL OR CLIENT OF THE SERVICE. NEITHER LOCONOMICS NOR ITS AFFILIATES OR LICENSORS SHALL BE LIABLE FOR ANY CLAIM, INJURY, DAMAGE, OR LOSS SUSTAINED BY SERVICE PROFESSIONALS IN CONNECTION WITH CLIENTS’ USE OF THE BACKGROUND CHECKS, TIER RESULTS, OR OTHER SUMMARY INFORMATION, INCLUDING MISUSE OR DISTRIBUTION OF THESE RESULTS BY CLIENTS. NEITHER LOCONOMICS NOR ITS AFFILIATES OR LICENSORS SHALL BE LIABLE FOR ANY CLAIM, INJURY, DAMAGE, OR LOSS SUSTAINED BY SERVICE PROFESSIONALS IN CONNECTION WITH LOCONOMICS’ DETERMINATION OF TIER RANKING OR PUBLICATION OF A SUMMARY OF BACKGROUND CHECK OR LICENSE VERIFICATION INFORMATION. NEITHER LOCONOMICS NOR ITS AFFILIATES OR LICENSORS SHALL BE LIABLE FOR ANY CLAIM, INJURY, DAMAGE, OR LOSS SUSTAINED BY CLIENT RESULTING FROM INACCURATE OR INCOMPLETE BACKGROUND CHECKS OR LICENSE VERIFICATION, MISREPORTED TIER RESULTS, OR ANY OTHER INACCURATE OR INCOMPLETE SUMMARY INFORMATION PROVIDED TO A CLIENT OR TO THE PUBLIC.
20. Limitation of Liability
You understand and agree that the Service Professional listed as the provider of the Services is
a) solely responsible for redeeming the scheduled Services;
b) fully responsible for all Services they provide to you;
c) liable for all damages or losses arising out of the Services provided.
You further acknowledge and agree that Loconomics is not responsible for:
a) any adjustments made by a Service Professional related to the price of scheduled Services, or an appointment time or a Service;
b) any claims for injuries, illnesses, damages, liabilities, and costs (“Liabilities”) that you may suffer, directly or indirectly, in full or in part, whether related to any Services.
To the fullest extent permitted by law, you agree to and hereby waive and release Loconomics and its subsidiaries, affiliates partners, officers, directors, staff members, Owners, and agents from any liabilities arising from or related to:
a) any act or omission of a Service Professional or Client in connection with the Services, including a Service Professional’s or Client’s failure to comply with applicable law and/or failure to abide by the terms of Services; and/or
b) any Services, any action or inaction by a Service Professional or Client; and/or
c) any indirect, special, punitive, consequential, (including, lost profits or lost data collected through the Services), or incidental damages, whether based on a claim or action of contract, warranty, negligence, strict liability, or other tort, breach of any statutory duty, indemnity or contribution, or otherwise, even if Loconomics has been advised of the possibility of such damages. In no event will Loconomics’ liability arising out of or related to this agreement exceed the amounts paid by you for the Services or five hundred dollars, whichever is less.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOCONOMICS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE LOCONOMICS SERVICE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE LOCONOMICS SERVICE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE LOCONOMICS SERVICE BY ANY THIRD PARTY; (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE LOCONOMICS SERVICE.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
21. Disclaimer of Warranty
You expressly agree that use of the Loconomics Service is at your own risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LOCONOMICS SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Without limiting the foregoing, neither Loconomics, its subsidiaries, affiliates, or any of their respective staff members, agents, Service Professionals, third-party content providers or licensors, or any of their officers, directors, staff members, Owners, or agents, warrant that use of the Loconomics Service will be uninterrupted or error free; nor do they make any warranty as to:
a) the results that may be obtained from use of the Loconomics Service; or
b) the accuracy, reliability, or content of any information, Services, or Services scheduled through the Loconomics Service. The Loconomics Service is made accessible on an “as is” and “as available” basis. Loconomics hereby disclaims any representations, warranties and conditions, whether express or implied, including those to title noninfringement, merchantability, and fitness for a particular purpose.
Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law. LOCONOMICS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE LOCONOMICS SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND LOCONOMICS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
The information presented or contained in the Loconomics Service or provided through the Loconomics Service is presented for informational purposes only. No information, whether oral or written, obtained by a Client from a Service Professional, a Service Professional from a Client, or from the Services will create any warranty not expressly stated in this Agreement.
Each User hereby agrees and understands that:
a) Loconomics does not sell, exchange, buy, or offer for sale, negotiate or attempt to negotiate, a sale or exchange of any interest in any Services;
b) Information about scheduled Services is provided directly by the Service Professional and not by Loconomics, and Loconomics does not engage in reviewing information contained within scheduled Services in any manner;
c) The decision to schedule Services is entirely at the Client’s discretion and Loconomics does not induce or attempt to induce any User to schedule Services;
d) The prices listed by any Service Professional for Services may often exclude sales tax or gratuity which may be added to the final sale price at the time the scheduling is finalized; and
e) Loconomics does not guarantee any price or Services offered by a Service Professional.
The Loconomics Service is controlled and offered by Loconomics from its facilities in the United States of America. Loconomics makes no representations that the Loconomics Service is appropriate or available for use in other locations. Those who access or use the Loconomics Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify, and hold harmless Loconomics and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their Owners, Service Professionals, staff members, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to:
a) your use of and access to the Loconomics Service, including any data or content transmitted or received by you;
b) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above, or representation or warranty;
c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
d) your violation of any applicable law, rule or regulation;
e) if you are a Service Professional, any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees) accrued by Loconomics arising out of or connected with your attempt to obtain reimbursement (whether or not actually obtained) from any third party payer (including, but not limited to, Medicare or Medi-Cal) for Services scheduled through the Loconomics Service;
f) if you are a Service Professional, any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees) accrued by Loconomics arising out of or connected with your offer of mental or health care Services at discounted or promotional pricing through the Loconomics Service in violation of this Agreement;
g) User content or any other information or content that is submitted via your account including without limitation misleading, false, or inaccurate information;
h) negligent or willful misconduct; or
i) any other party’s access and use of the Loconomics Service with your unique username, password, or other security code.
Legal notices to Loconomics must be sent to the address below. Legal notices to Loconomics shall be deemed given upon receipt by Loconomics.
Loconomics Australia, Inc.
3150 18th Street Suite 438
San Francisco, CA 94110
legal [at] loconomics.com.au
Legal notices to you will be sent to the email address you provide to Loconomics during the registration process. Legal notices to you shall be deemed given 24 hours after Loconomics’ email is sent, unless Loconomics is notified that the email address is invalid. Alternatively, Loconomics may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
24. Governing Law
This Agreement is governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Loconomics must be resolved exclusively by a state or federal court located in San Francisco County, California. You agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims or disputes.
25. Modifications and Validity
It will not be considered a waiver of Loconomics rights if Loconomics fails to enforce any right it possesses under this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and Loconomics agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement.
26. HIPAA Compliance
To the extent applicable and required by HIPAA, Service Professional acknowledges that it may be a “Covered Entity” under HIPAA and subject to HIPAA compliance requirements. Service Professionals that are Covered Entities agree to the Loconomics Business Associate Agreement.
27. Entire Agreement
This Agreement governs your use of the Loconomics Service and constitutes the entire agreement between you and Loconomics regarding the subject matter of this Agreement. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Loconomics regarding the subject matter contained in this Agreement.