Terms of Users

These Terms of Use (the "Terms") set forth the terms for the marketplace service (the "Service") provided by the marketplace application for housekeeping, postpartum care, nursing helper, and tutor, “Carelu,” which Enably Co., Ltd (“Company” or “We”) manages.

The Service is a marketplace where users and caregivers (see Article 2: Definition of Terms) buy and sell services (the “care services”) between each other. All user contracts between users and caregivers and guarantees of the care services are the sole responsibility of the users involved in those transactions.
We do not provide care services through this service by ourselves, nor do we accept any consignment of care services. Unless otherwise specified in these Terms, we will not be involved in cancellation of user contracts, refunds, guarantees, etc, of the care services.

In these Terms, the following terms shall have the following meanings

1. “User”: An individual, sole proprietor, or legal entity that agrees to these Terms and uses the Service.
2. “Account Information": A user information entered by the User to use the Service.
3. “User": A user who uses the care services on the Service.
4. “Caregiver": A user who lists and provides the care services through the Service.
5. “Care service fee": The price of the care services purchased through the Service under a user contract between a user and a caregiver.
6. “Personal Information": Personal Identifiable Information that a user enters, such as name, zip code, address, date of birth, telephone number, account information (email address, password, etc.), profile information (username, age, and other personal information), dependents’ information (name of the dependents, date of birth, and other personal information), credit card information, bank account information, and usage history, etc.

1. Agreement to and application of these terms

By using the Service, the User is deemed to have agreed to these Terms.

2.Use of the Service by Minors

If the User is a minor (under 18 years of age), the User must obtain the consent of a legal representative, such as a person with parental authority and legal guardian before using the Service.

3. Consent to changes in these Terms

We reserve the right to modify these Terms at any time as necessary. In such cases, we will post such changes on our website or in our applications. If the User uses the Service after any modification of these Terms, the User shall be deemed to have agreed to the modification of these Terms. We will not be liable for any damages incurred to the user as a result of modification or changes to these Terms, except in cases where such damages are caused by our intentional or negligent acts.

1. User Registration

User registration must be completed by the user himself/herself (For a corporation, by the person who is in charge of the corporate account), and the user must enter accurate information and confirm that there is no false information.

2. Multiple user registration

It is prohibited for the same user to have multiple user registered accounts. If we determine that multiple user registrations belong to the account by the same person or the same corporation (however, for corporations with multiple offices and sales offices, user registration for each office and sales office by the person in charge of the corporate account is allowed), we may cancel user registration, deny access to all or part of the Service, or suspend use of the Service without notice. We shall not be obliged to explain the reason for such action. However, this article does not apply to registration where a user registers both as a user and caregiver and a caregiver registers as both a user and caregiver.

3. Approval of Registration

We may not approve an application for user registration if the user does not meet the requirements for the user registration described in this Terms or if we determine, based on reasonable grounds, that the application is inappropriate.

1. Representations

The User acknowledges that he/she does not fall under the category of antisocial forces and will not fall under such category in the future, and that he/she will not engage in any violent or unreasonable demands, threatening words or actions with respect to transactions, or disruptive behavior using force, and that he/she will not damage our credibility or interfere with our business through such actions, or engage in any other similar actions.

2. Management of registered information

The user acknowledges that he/she will promptly make any changes to the account information, and that he/she will manage and update the registration to ensure that it always reflects accurate information in order to ensure that he/she always receive the appropriate care services. The user agrees that he/she is solely responsible for any damages resulting from his/her failure to make such changes to the account information, and that we shall not be liable for any such damages.

3. Management of account information

The User acknowledges that he/she will manage his/her own information such as email address, password, bank account information, etc. (the "Account Information") which he/she has entered. The User shall be responsible for any damage caused by leakage of information, its use by a third party, or unauthorized access due to inadequate management of Account Information, and we shall not be liable for any such damage unless it is caused by our own intentional or negligent conduct. In addition, the User shall compensate us for any damages incurred to us as a result of unauthorized use of account information.

4. Dispute Resolution and Liability

Any disputes arising between users, between users and caregivers, or between users and third parties in relation to the Service shall be resolved by the parties involved, at their own responsibility and expense, and we shall not be involved in any way. In the event that the dispute is caused by the user's intention or negligence and we suffer damages, the party involved in the dispute shall compensate us for the damages.

If we determine, based on reasonable grounds, that a user is not in compliance with these Terms, we may, without prior notice, cancel the user registration, delete the registered account, deny access to all or part of this service, suspend the use of the Service, or take other reasonable measures, and we shall not be obliged to explain the reasons for such actions. In addition, in order to determine whether a user is in compliance with these Terms, we may verify the identity of the user and facts and may take measures such as denial of access to all or part of the Service, suspension of the use of the Service, etc. until the verification is completed. In addition, if we determine, based on reasonable grounds, that a newly registered user is the same user who has been subjected to the measures described in this article, we may prohibit the user from using the Service. We shall not be liable for any damage caused by the measures in this article, except in cases where the damage is caused by our intention or negligence.

1. Precautions for Registered Contents

The user may not conceal facts or provide false information when registering details of him/herself or his/her dependents.

2. Responsibility for registered content

All responsibility for the contents registered by users in relation to the Service shall be borne by the relevant users. We are not responsible for any damage caused by the contents which the User registers within the Service. We are not responsible for any damage to caregivers or third parties caused by the contents which the User registers within the Service. In addition, user in question shall be solely responsible and liable for any and all damages to us resulting from the content that the user registers.

In addition to the Terms, we shall handle personal information in accordance with the Privacy Policy. By using the Service, the User agrees to our Privacy Policy. We prohibit the use of personal information, etc. obtained by the User through the Service outside the scope of the use of the Service.

1. Procedure to Use the Services

The Users shall follow the procedures to use the Services set forth by the Company. The users shall not register themselves as Caregivers and use the Care Service posted by themselves.

2. Agreement with a Caregiver on the use of the Care Services

The use of the Care Service between a User and a Caregiver shall be deemed to be agreed upon when the user makes a reservation to use the Care Service based on the registered and published contents by the Caregiver. However, the Caregiver shall be responsible for any and all problems if the problem is caused due to the registered and posted contents by the Caregiver.

3. When the reservation for care services is not accepted

If a caregiver does not accept the reservation for the care services made by a user, the applicable reservation for the Care Service will be automatically canceled.

4. When the reservation for the care services is accepted

If a caregiver accepts the reservation for the care services made by a user, the User agrees that the Caregiver may contact the User via telephone, chat, etc. within the Service, including early morning and late at night, to confirm the time, place, and status of the dependent, etc, in order to provide the Care Service accurately and securely.

5. Formation of User Contract

When a User makes a reservation for a Care Service posted by a Caregiver through the Service, and the Caregiver submits the completed shift to the User as per the procedures specified by the Company, and the shift is approved by the User, the User Contract for such Care Service shall be considered as established.

6. Payment

When the User Contract written in Paragraph 4 of this Article is established, the User shall pay the total amount of the Care Service fee and, when necessary, the transportation fee. The User shall make payment for his/her share of said total amount via the payment method set forth by the Company within the Service. The total amount shall be the sum of the actual hours worked per shift approved by the User and the public transportation expenses paid to commute from the Caregiver's home to the User's home (the address registered within the Service).

7. Problems related to the Care Service, etc.

Any trouble arising between a Caregiver and a User with respect to the Care Service, etc. shall be resolved between User and Caregiver in question. However, at the Company's discretion, the Company may also enter into discussions.

8. Cancellation, Cancellation of User Contract, and Refund

If a user cancels the user contract of the care service at least 24 hours prior to the care service start time in accordance with the procedures specified by the Company, the user contract shall be deemed to be canceled and no care service or monetary transaction shall have occurred. If a user cancels the user contract of the care service no later than 12 hours prior to the care service start time in accordance with the procedures specified by the Company, the user agrees to pay a cancellation fee equivalent to 25% of the care service fee stated in the user contract, unless otherwise agreed between a caregiver and a user. In the event where a user cancels the user contract past 12 hours prior to the care service start time in accordance with the procedure specified by the Company, a user agrees to pay a cancelation fee equivalent to 50% of the care service fee stated in the user contract, unless otherwise agreed between a caregiver and a user.
However, if the user contract is for multiple days of the care service, the cancellation fee equivalent to 25% of the care service fee shall apply only to the care service scheduled to start only for the upcoming day as per the user contract if the cancellation is made at least 12 hours prior to the service start time, and the cancellation fee equivalent to 50% of the care service fee shall apply only to the care service scheduled to start only for the upcoming day as per the user contract if the cancellation is made post 12 hour mark prior to the service start time.
After the formation of the User Contract (as written in Paragraph 4 of this Article), cancellation is not allowed unless there is such an agreement between the Caregiver and the User, or there is a problem caused by the Caregiver or the User. If the User and the Caregiver agree to cancel after the formation of the User Contract, the Company shall be notified of the cancellation agreement and if the Company accepts the cancellation, the cancellation shall be deemed to have occurred and no service or monetary transaction shall be deemed to have occurred. The Caregiver shall be responsible for any and all problems if the problem is caused by the Caregiver, and the User shall be responsible for any and all problems if the problem is caused by the User.
If the problem is caused by the User, the User shall be responsible and liable for the payment of the care service price at his/her own expense. In such a case, the Company shall request the User to pay the money for the refund via the registered credit card or other method of payment set forth by the Company, and the Company shall return an applicable amount to the Caregiver.
If the problem is caused by the Caregiver, the caregiver shall be liable for the payment of the care service price at his/her own expense. In such a case, the Company shall request the Caregiver to pay the money pertaining to the refund in a manner set forth by the Company, and the Company shall return an applicable amount to the User in a manner set forth by the Company.

9. Non-fulfillment of the User Contract by Caregiver

If the User has difficulty receiving the Care Service due to any of the problems (but not all) listed below which are caused by the Caregiver, or if the User determines that he/she has difficulty receiving the care services, the User shall report it to the Company, and if the Company determines that the user has difficulty receiving the care services based on reasonable grounds, the Company shall cancel the User Contract, or the Company shall take any measures that the Company deems appropriate.

1. While the Caregiver has not reached an agreement with the User to cancel (as defined in Paragraph 7 of this Article), the user was not able to receive the Care Services due to refusal for the Caregiver to provide the Care Services, early end of a shift beyond the acceptable limit, or loss of communication with the Caregiver.

If the User is unable to receive the Care Services because of a problem caused by the Caregiver, as described above, the Caregiver shall be solely responsible for the problem.

10. Disclaimer of liability of the Company

The Company shall not be liable for any damages incurred by the User, Caregiver or third parties as a result of the User's use of the Care Services, unless such damages are caused by the Company’s intentional or negligent conduct.

Review of the Caregiver by the User
The user shall review the caregiver within the Service upon the receipt of the care services. The user may evaluate the caregiver even if the transaction is affected by a problem caused by the caregiver.

We reserve the right, at our sole discretion, to change or modify the contents of the Service, or suspend or discontinue all or part of the Service without prior notice to the users. However, in the event of termination of all or part of the Service, we will make our best efforts to notify and publicize such termination to the users as far in advance as possible.

Unless otherwise stated, the Service is the exclusive property of the Company, and the Company owns and manages the rights to all materials on the Service. The users shall not acquire any rights to any material on the Service, and shall not engage in any act that infringes on any rights without the permission of the rights holder.

1. User's Liability

In the event where a user or third party suffers damages due to inaccurate or inappropriate content, comments, expressions, or actions by the user on the service, or if a user or third party suffers damages due to the user's violation of these Terms, unless such damages are caused by our intentional or negligent conduct, users in question shall be liable for, including but not limited to, any and all damages to the user and third parties. In the event where we suffer damages as a result of such acts of users, the parties involved, including the users in question, shall jointly assume all responsibility, including liability for compensation for such damages.

2. Liability of the Company

The Company shall not be liable to compensate for damages to users in relation to deletion or loss of contents of the service, modification, suspension, or termination of the service, or loss of data due to use of the service, except in cases arising from intentional or negligent acts of the company.
Even in the event where the Company is liable to the user for damages, the liability of the Company shall be limited to actual, direct, and ordinary damages to the user as a result of our default or tortious act.

3. Non-warranty

We do not warrant that our secure servers and all personal information stored on such servers will not be accessed or used in an unauthorized manner, or that the Service is free of bugs, computer viruses, Trojan horses, or other harmful viruses that may be transmitted by a third party. We shall not be liable to you or any third party for any damage caused by the inclusion of such harmful viruses in the Service, unless such damage is caused by our intention or negligence.

1. Transfer of Business

We may, at any time, transfer part or all of the business pertaining to the service to a third party, in which case, we may transfer the rights and obligations as well as registered information and other user registration information, to the transferee of the business in question based on the Terms. The user shall consent to such transfer in advance.

2. Dispute Resolution

The Terns shall be governed by and construed in accordance with the laws of Japan. The Tokyo District Court shall have exclusive jurisdiction in the first instance over any disputes between the User and the Company.

If there are any questions or complaints about the Terms, please contact us at legal@carelu.co

Updated on October 13, 2022
Updated on August 18, 2022