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Terms of Use

Effective date: March 1, 2024

Welcome to Bumo, a service provided by Parc Ventures Inc., also known as “Bumo”. The following Terms and Conditions of Service (“Terms” or “Agreement”) govern your use of the Bumo website, applications and other offerings and services from Bumo (collectively, the “Bumo Platform”, “Platform” or “Services”). By accessing or using the Bumo Platform, you represent that you have read, understood, and agree to be bound by these Terms, including any future modifications. Please read them carefully before using the Bumo Platform.

Introduction

Users of the Bumo Platform can publish, offer, search for and book on-demand child care services. Users who publish and offer child care services, which includes but is not limited to infant child care, toddler child care, preschool, school-age classes, after school classes, learning and enrichment programs, and forest schools, are “Providers” and Users who search for, book or use child care services are called “Families.” 

User Account

You must register an account to access and use many features of the Bumo Platform, and any personal information asked for will be subject to our Privacy Policy. You agree to provide accurate and complete account information and that you will promptly update that information after it changes.You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You also agree to maintain the confidentiality of your password and other information related to the security of your account.

Eligibility

By using the Bumo Platform, you represent and warrant that you are at least 18 years old and have the legal authority to enter into binding contracts.

Does Bumo Platform cost anything?

Though many of our Services are currently free, Bumo reserves the right to charge for certain or all Services in the future. You shall pay all applicable fees, as described on the Bumo website in connection with the Services selected by you. Bumo reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges.

Booking and Payments

Families can browse child care providers, view availability, and make bookings through the Bumo Platform. Payments for bookings are processed securely through Bumo’s third-party payment partner, Stripe. Families agree to pay the total amount displayed for the booking, including any applicable taxes and fees. Bumo may charge service fees related to the use of the Bumo Platform.

Provider Listings

Provider Responsibilities

Providers create listings on the Bumo platform, including information about their services, availability, and rates. Providers are responsible for maintaining and updating their Provider pages with the most current information to best service the families looking for child care. Providers shall not engage in any fraudulent, deceptive, or malicious activities on the Bumo Platform. Providers acknowledge that any violations may result in suspension or termination of their account.  

Providers operating under the Bumo name are independent entities and may not be directly owned or operated by Bumo. As such, Bumo holds no liability for the operations, services, and care provided by these independent Providers. This includes, but is not limited to, matters concerning the health and safety of staff members and children under their care. 

When Providers accept a booking request, or receive a booking confirmation through the Bumo Platform, Providers enter into a contract directly with the Family and agree to deliver their child care service under the terms and at the price specified on their Provider page. Providers also agree to pay applicable fees, like Bumo’s service fee and taxes, for each booking. Any terms, policies or conditions that Providers include in any supplemental contract with Families must: (i) be consistent with these Terms, and the information provided on their Provider page, and (ii) be prominently disclosed in their Provider description.

Family Responsibilities

Families acknowledge that Bumo does not endorse or guarantee the quality, safety, or legality of any Provider or their services. Bumo does not guarantee the accuracy of the information provided by the Providers on their pages. 

Families engaging with Providers agree that Bumo disclaims all responsibility for the activities and quality of care of such Providers. Families are solely responsible for thoroughly assessing each Provider before booking.

Provider Verification and Disclaimer

Safety and quality are paramount at Bumo. While Bumo reviews and assesses the Providers listed on the Bumo Platform, Families are solely responsible for conducting their own assessment of each Provider prior to booking and ultimately bear the burden of ensuring that the Provider meets their preferences and needs. 

Families understand and acknowledge that they are fully responsible for independently verifying the accuracy of any information about a Provider accessible through www.bumo.com, reviewing a Provider’s policies and terms of enrollment, and evaluating a Provider’s facilities and ability to provide care. FAMILIES AGREE THAT THEIR USE OF THE BUMO PLATFORM AND ANY PROVIDER’S SERVICES WILL BE AT THEIR SOLE RISK. Bumo does not guarantee or endorse the quality, safety, conduct, legality, or suitability of any Provider, and families accept responsibility for their choices.

Exempt Locations

Bumo may list exempt Providers, distinct from government-monitored licensed locations. These exempt sites offer services within a different regulatory framework. Families are required to conduct thorough research when choosing between exempt and non-exempt locations. Notably, exempt Providers might not undergo the same level of government oversight as licensed counterparts. Families are solely responsible for evaluating the implications of opting for an exempt Provider in comparison to licensed options.

Provider Price Change

Providers listed on the Bumo Platform retain the prerogative to modify their availability and rates at their discretion, without prior notice. Bumo is not accountable for such alterations and holds no responsibility for any inconvenience or discrepancy arising from them. Families are responsible for engaging directly with Providers to obtain the most up-to-date information regarding availability and rate.

Cancellations and Refunds

We have a 72-hour cancellation policy; that is, Families must cancel at least 72 hours before the start time of any session. Rescheduling a session counts as a cancellation. Families must cancel only through their dashboard. We do not accept any phone, text, or direct email cancellations. If Families cancel within less than 72 hours of their booked session’s start time or no show, they are not eligible for a refund or make-up session. If Families cancel before 72-hours of the start of your sessions, they will be given BumoCredit in the amount paid. However, we do not, under any circumstance, offer monetary refunds directly to the cardholder. 

BumoCredit

We issue the BumoCredit to Families who purchase it. It allows you to load a dollar value onto your BumoCredit Balance for use at participating Bumo network locations (“locations”). The dollar value that you load onto your BumoCredit is a prepayment for the goods and services at participating locations. We offer BumoCredit to make it easier for you to book child care with us and to make your relationship with us more rewarding. Unless otherwise required by law or permitted by this Agreement, the dollar value on your BumoCredit is nonrefundable and may not be redeemed for cash. The value on your BumoCredit is not insured by the Federal Deposit Insurance Corporation (FDIC), nor does it earn interest.

Most Bumo locations in North America accept BumoCredit. Certain Bumo locations may not permit Families to use BumoCredit for payment. To find out if a store will accept BumoCredit as a payment method, please contact support@bumo.com. 

BumoCredit is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use BumoCredit under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.

Loading BumoCredit on Your Account

Families may load their card online through their account. If you use a credit or debit card to purchase or reload your BumoCredit, prior to charging your credit or debit card, an authorization process will occur for the amount of the purchase or reload transaction (“Transaction”). The authorization process will validate the credit or debit card number, status, available credit or funds and billing information to ensure that it matches what the bank or card company has on file. The bank or Bumo may attempt to contact you for additional information prior to authorizing the Transaction amount.

For credit cards, once an authorization is received, Families may notice a decrease in their available credit line. Your bank may hold this dollar amount from your credit line or available balance for a short period of time determined by the policy of the bank before the Transaction is fulfilled. For debit cards, the bank may pre-authorize a charge to your deposit or checking account and place a temporary hold on the funds before the Transaction is fulfilled. Regardless of whether you use a credit or debit card, your card will be charged only upon fulfillment of the Transaction. If the Transaction is cancelled, Bumo will request an authorization reversal on your behalf. Reversal times may vary. We recommend contacting your bank or credit card company to learn about their authorization and authorization reversal policies.

Families may auto-reload their BumoCredit Card through their profile. With automatic reload, you simply set the balance at which you want to reload your BumoCredit and provide us with payment information. We will send you an email confirming the reload Transaction terms and bill your credit card or debit card according to the schedule and amount you have selected. We will also send you an email after each reload to let you know your BumoCredit has been reloaded. You can change your reload preferences at any time, but changes may take up to twenty-four (24) hours to go into effect. Once the dollar value is loaded, the Transaction cannot be reversed.

Promotional Programs

From time to time, we may in our sole discretion, run promotional programs associated with the BumoCredit program (“Promotions”). Such Promotions are subject to these terms, as well as additional terms as indicated in connection with the Promotions. We reserve the right to modify the terms of any Promotion at any time, including and up to terminating the Promotion.

Fees and Expiration of Card Balances

We do not charge any activation, service, dormancy or inactivity fees in connection with your BumoCredit. Your BumoCredit has no expiration date nor does the value on your BumoCredit ever expire, with the exception of BumoCredit granted as part of an enterprise program, explained further below. Enterprise employee programs usually come with expiring BumoCredit and are governed according to separate agreements between Bumo and each enterprise client which take precedence over the terms outlined here. 

BumoCredit packages purchased by Families or companies through our enterprise programs are considered non-refundable under any circumstances. Once acquired, these packages cannot be subject to reimbursement. It is important to note that any BumoCredit issued by Bumo as part of its enterprise program, may have an expiration date. Families using BumoCredit provided by their employer, should be mindful of this expiration period and ensure its utilization within the specified timeframe. BumoCredit past its expiration will disappear from one’s account and cannot be used. Cancellation and refund policies stated above apply to BumoCredit usage as well. However, users may not receive refunded credit, even if they are within the accepted cancellation window, if the BumoCredit they used has expired. BumoCredit expiration policy trumps the cancellation and refund policies.  

Receipts and Transaction History

When you use your BumoCredit, we will provide a receipt if you request one. The receipt will indicate that the purchase was made using a BumoCredit and will provide the remaining balance of your BumoCredit. Please check your online Transaction history regularly to ensure that your Transaction history and account balance are correct. You can check the balance of your BumoCredit on your profile page. The account balance for a BumoCredit also will appear when you check out online upon booking a child care session. 

Billing Errors, Corrections

We will correct the balance of your BumoCredit if we believe that a clerical, billing, or accounting error occurred. If you have questions regarding your Transaction history or any correction, or if you wish to dispute any Transaction or correction that has been applied to your BumoCredit, please email support@bumo.com. Assuming you provide sufficient details, we will review your claim and tell you what we find. We will correct any errors promptly after we finish our review. If we do not find any errors, we will explain what we found. We have no obligation to review or correct any billing error unless you provide us sufficient notice for us to review your claim within sixty (60) days of the date of the Transaction in question.

Fraud Associated with Your BumoCredit

We will not accept any BumoCredit, or will limit use of any BumoCredit or BumoCredit balance, if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful, and we consider such action appropriate to limit our risk. Bumo does not control who may purchase BumoCredit. Consequently, Bumo has no liability to you for any third-party fraud or unlawful activity associated with any BumoCredit balance. If Bumo discovers any BumoCredit balance was sourced or derived from fraud or other unlawful means, we may in our sole discretion, cancel all impacted child care sessions and balances. We may use retained BumoCredit balances to help offset our liability to card companies, networks and issuers of lost or stolen credit and debit cards used to purchase or load BumoCredit.

Registration, Liability for Unauthorized Transactions

You are responsible for: (a) the accuracy of all information that you provide to us; and (b) maintaining the confidentiality and security of your BumoCredit information. All of your BumoCredit can be activated and registered for use in your Bumo account, but you may only maintain one (1) such account at any time.

You should treat your BumoCredit like cash and not disclose your BumoCredit information to anyone. You are responsible for all transactions on your BumoCredit, including unauthorized transactions. If your BumoCredit and account information has been compromised, notify us immediately. We will freeze the remaining balance on your BumoCredit at the time you notify us and will load that remaining balance on a new account.

Bumo Gift Card

The Bumo Gift Card program allows you to purchase and send a virtual Bumo Gift Card via email, or via certain social media and messaging platforms. You may choose the dollar value (within certain limits) and complete your purchase using a credit card, debit card, or certain other electronic payment methods. You authorize us to charge your credit card, debit card or other chosen electronic payment method at the time you purchase your Bumo Gift Card.

We will send the recipient of your Bumo Gift Card an email notifying them that they have received a Bumo Gift Card from you. The recipient will have the option of adding the Bumo Gift Card to their Bumo account or transferring the balance onto an existing BumoCredit balance. 

Referral Program for Families

Prohibited Activities: Users are prohibited from engaging in any fraudulent or deceptive activities in connection with the referral program. This includes, but is not limited to, creating multiple accounts, using fake information, or engaging in any other activity that may manipulate or abuse the referral system.

Verification Process

We reserve the right to verify the legitimacy of referred accounts and transactions. Any accounts or transactions found to be in violation of our terms may result in the forfeiture of referral rewards and potential account suspension.

Right to Modify or Terminate

We reserve the right to modify, suspend, or terminate the referral program at any time without prior notice. In the event of such changes, we are not obligated to honor referral rewards for activities that occurred before the modification, suspension, or termination.

Decision Discretion

Our decision on whether a user has engaged in fraudulent or gaming activities is final. Users agree not to dispute or challenge such decisions.

Reporting Fraud

Users are encouraged to report any suspected fraudulent activity related to the referral program. We will investigate such reports and take appropriate action.

User Conduct for Families

Families agree to use the Bumo Platform in compliance with all applicable laws and regulations. Families shall not engage in any fraudulent, deceptive, or malicious activities on the Bumo Platform. Families further agree to abide by the Bumo Community Guidelines set forth below. Families acknowledge that any violations may result in suspension or termination of your account.  

User Content

Families may create and publish content on the Bumo Platform, such as reviews and ratings. By submitting content, Families grant Bumo the right to use and display the content.

User Contributions and Responsibilities

The Platform may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to Bumo or on the Platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other Families on the Bumo Platform and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential. When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize Bumo and other Families of the Bumo Platform to use your Contributions in any manner contemplated by the Bumo Platform and these Terms.
  • You have the written consent, release, and/or permission of each and every identifiable individual person (or the Parent of any individual under 18) in your Contributions to use the name or likeness of each and every such identifiable individual person sufficient to enable inclusion and use of your Contributions in any manner contemplated by the Bumo Platform and these Terms.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined solely by Bumo).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions do not advocate the violent overthrowing of any government or incite, encourage, or threaten physical harm against another.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  • Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.

Any use of the Bumo Platform in violation of the foregoing violates these Terms and may result in, among other things, termination, or suspension of your rights to use the Bumo Platform.

By posting your Contributions to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant to Bumo an unrestricted, unlimited, irrevocable, perpetual, nonexclusive, transferable, royalty-free, fully paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions. You also grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. You expressly acknowledge and agree that the foregoing license includes the right to use your Contributions in advertising and marketing materials to promote Bumo or a Provider, including without limitation in mobile advertising, through social media, listings of Providers on the Website, and email or other marketing communications to Families.

This license will apply to any form, media, or technology now known or hereafter developed, and includes Bumo’s use of your name, company name, and franchise name; as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

Bumo does not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. Bumo is not liable for any statements or representations in your Contributions provided by you in any area on the Website. You are solely responsible for your Contributions to the Bumo Platform, and you expressly agree to release Bumo from any and all responsibility and to refrain from any legal action against Bumo regarding your Contributions.

Bumo retains the right, in its sole and absolute discretion, (1) to edit, redact, or otherwise modify any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Platform; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. Bumo has no obligation to monitor your Contributions.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Bumo Platform (“Submissions”) provided by you to Bumo are non-confidential and shall become Bumo’s sole property. Bumo shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against Bumo for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Bumo reserves the right, but not the obligation, to: (1) monitor the Bumo Platform for violations of these Terms; (2) take appropriate legal action against anyone who, in Bumo’s sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in Bumo’s sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in Bumo’s sole discretion and without limitation, notice, or liability, to remove from the Bumo Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to Bumo’s systems; and (5) otherwise manage the Bumo Platform in a manner designed to protect Bumo’s rights and property and to facilitate the proper functioning of the Bumo Platform.

SMS

By opting in to receive SMS notifications from Bumo, you agree to the following terms:

Consent to Receive SMS: By providing your mobile phone number and/or opting in to receive SMS notifications, you consent to receiving electronic communications from Bumo. These communications may include booking confirmations, reservation updates, account notifications, promotional offers, and other important information related to your Bumo account.

Notification Methods

Bumo may send SMS notifications to the mobile phone number you provide during the registration process or subsequently update in your account settings. Notifications may also be sent through other electronic communication methods, including email, Bumo Platform notifications, messaging services (including SMS), or any other contact method enabled by Bumo.

Message Frequency

The frequency of SMS notifications you receive from Bumo may vary. Message and data rates may apply, depending on your mobile carrier and plan. You are solely responsible for any charges incurred from receiving SMS notifications.

Opting Out

If you wish to stop receiving SMS notifications from Bumo, you can opt out by following the instructions provided in the SMS message or by adjusting your notification preferences in your Bumo account settings. Please note that opting out may impact your ability to receive important account and booking-related information.

Privacy and Security

Bumo values your privacy and takes security seriously. Your mobile phone number will be used in accordance with Bumo’s Privacy Policy. We recommend that you do not share your SMS notifications with others, as they may contain personal or sensitive information.

Change to Terms

Bumo reserves the right to modify or update these SMS terms at any time. Changes will be effective upon posting the updated terms on the Bumo website or notifying you through other means. Your continued use of Bumo’s services after such changes constitutes your acceptance of the updated terms.

Contact Information

If you have questions or concerns about these SMS terms, you can contact us at support@bumo.com.

Bumo Community Guidelines for Reviewing Daycares, Preschools, and Learning Programs

Our community guidelines are designed to ensure a respectful and constructive environment for all users. By using our platform, you agree to abide by these guidelines. Failure to do so may result in the removal of your reviews or, in severe cases, the suspension of your account.

    1. Be Respectful and Constructive: Please maintain a respectful and constructive tone when writing reviews. Focus on your experience with the daycare, preschool, or learning program, rather than attacking individuals or staff members. Do not use derogatory language, offensive comments, or engage in personal attacks. We encourage positive and helpful discussions.
    2. Focus on the Care Experience: Reviews should primarily focus on your personal experience with the daycare, preschool, or learning program. Share your insights, observations, and any concerns related to the care and educational experience provided. Avoid discussing unrelated topics, such as personal biases, political views, or unrelated incidents.
    3. Protect Privacy: Do not include the full names of staff or teachers in your reviews. If you need to reference specific individuals, please use their first names only and keep your comments respectful. Respect the privacy of other users and avoid sharing personal information about individuals, including children.
    4. Be Honest and Accurate: Share honest and accurate information about your experience. Provide details that can help other parents make informed decisions about childcare and educational programs. Avoid posting fake or fraudulent reviews, as this undermines the integrity of our platform.
    5. Avoid Bias and Discrimination: Do not discriminate against individuals or groups based on factors such as race, gender, religion, nationality, or socioeconomic status. We promote inclusivity and fairness. Keep your reviews unbiased and considerate of diverse perspectives.
    6. Use Appropriate Language: Ensure your language is appropriate for all audiences. Avoid using profanity, hate speech, or offensive content in your reviews or comments. If you have concerns about inappropriate content in a review, please report it to our team using support@bumo.com.
    7. Respect Copyright and Ownership: Do not post content that violates copyright or intellectual property rights. Only share content that you have the right to use, such as photos and text. Provide proper attribution when quoting or referencing external sources.
    8. Report Violations: If you come across a review or user that violates our community guidelines, please report it to our team at support@bumo.com. We rely on the community’s help to maintain a safe and respectful environment.
    9. Be Transparent: If you have a personal or financial interest in a daycare, preschool, or learning program you are reviewing, disclose it in your review to maintain transparency.

Intellectual Property

Bumo and its content are protected by intellectual property laws. Users shall not use, copy, or distribute Bumo’s content without prior written consent. User acknowledges and agrees that Bumo’s trademarks, trade name, services, and materials provided under the Program including, without limitation, all contents and materials, as well as any content and features contained on www.bumo.com, www.bumowork.com, www.collegebound.bumo.com, and all Bumo Content as defined in the Bumo’s Terms, (collectively “Intellectual Property”), are proprietary rights of Bumo protected under federal and state law. Therefore, neither you, nor anyone acting on your behalf, or at your direction, shall use Bumo’s Intellectual Property without Bumo’s prior written consent, which may be withheld by Bumo in its sole and absolute discretion.

Indemnification

You agree to indemnify and hold harmless Bumo, its and its affiliates, successors, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all claims, demands, disputes, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or in relation to your alleged or actual breach of this Agreement. Bumo reserves the right to assume the exclusive defense of any claim for which it is entitled to indemnification under this section or under these Terms. In such event, you shall provide Bumo with such cooperation as is reasonably requested.

Attorney’s Fees

This Agreement shall be construed under the laws of the State of California. In any action brought under this Agreement, the prevailing party shall be entitled to recover its actual costs and attorney’s fees pursuant to California Civil Code Section 1717 and all other litigation costs, including expert witness fees, and all actual attorney’s fees and litigation costs incurred in connection with the enforcement of a judgment arising from such action or proceeding. The provisions of the preceding sentence shall be severable from the provisions of this Agreement and shall survive the entry of any such judgment. The Parties submit to jurisdiction and venue in the State of California in any legal proceeding arising regarding this Agreement.

WAIVERS OF JURY TRIAL

BUMO AND USER RESPECTIVELY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT EACH MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT OR ANY OF THE OTHER FORMS REFERRED TO IN THIS AGREEMENT.

USER AGREES AND DECLARES THAT NO REPRESENTATIVE, AGENT, OR ATTORNEY OF BUMO HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT IT WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER.

Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to this Agreement, including without limitation, claims based on contract, tort, or statute, shall be determined by arbitration administered by Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures. This includes the construction, application, or performance of any obligations and services under this Agreement; and the breach, termination, enforcement, interpretation, or validity, including the determination of the scope of applicability, of this Agreement to arbitrate. A single arbitrator shall be selected by agreement or shall be selected pursuant to the JAMS Rules in the absence of agreement. Bumo and you shall each have the right of discovery in connection with any arbitration proceeding in accordance with California Code of Civil Procedure section 1283.05. The parties shall bear their own legal fees and costs and will share equally in the cost of JAMS. The sole and exclusive location for the arbitration shall be in Los Angeles County, in the State of California, and the law of the State of California shall apply.

Severability

Should any section, provision, or portion of this Agreement be held to be invalid, illegal, void, or unenforceable, then that section, provision, or portion shall be deleted from this Agreement. The Agreement’s remaining portions shall be read as though the invalid, illegal, void, or unenforceable section, provision, or portion was never included. The remainder of this Agreement shall continue in full force and effect.

Representations

Neither of the Parties nor any of their representatives has made any representation or warranty to the other upon which the other is relying in entering into this Agreement, except as expressly provided in this Agreement.

Entirety of Agreement

This Agreement, contains the Parties’ entire agreement concerning the subject matter and supersedes all existing agreements and all other oral, written, or other communication between the Parties concerning its subject matter.

Privacy

Bumo collects, uses, and protects user data in accordance with its Privacy Policy.

Limitation of Liability

Bumo is not liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of the platform.

BUMO IS NOT RESPONSIBLE FOR (I) THE SERVICES PROVIDED BY ANY PROVIDER, INCLUDING WITHOUT LIMITATION CHILD CARE SERVICES, PROGRAMMING OFFERED BY A PROVIDER, OR THE PROVIDER FACILITIES, (II) ANY PROVIDER’S PROMOTIONAL OR MARKETING ACTIVITIES, OR (III) A PROVIDER’S USE OF BUMO’S INVOICING AND PAYMENT SERVICES, INCLUDING ANY AMOUNTS INVOICED BY BUMO ON BEHALF OF, OR AT THE DIRECTION OF, A PROVIDER. BUMO MAKES NO REPRESENTATIONS ABOUT THE QUALITY OR SAFETY OF A PROVIDER’S OPERATIONS, OR A PROVIDER’S CREDENTIALS OR QUALIFICATIONS.

THE BUMO PLATFORM IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE BUMO PLATFORM AND ANY PROVIDER’S SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BUMO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE BUMO PLATFORM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BUMO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED WITHIN THE BUMO PLATFORM, INCLUDING WITHOUT LIMITATION CONTENT ABOUT A PROVIDER’S OPERATIONS, OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND SERVICES.

Changes to Terms

Bumo reserves the right to modify these Terms at any time. Changes will be effective upon posting on the website.

Governing Law

These Terms are governed by the laws of the state of California, without regard to its conflict of law principles.

Intellectual Property and User Representation

Unless otherwise indicated, the Bumo Platform comprise Bumo’s proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, trademarks, service marks, and logos (the “Bumo IP”) are owned or controlled by Bumo and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Bumo IP contained within the Bumo Platform, as well as any other information contained within the Bumo Platform, is provided “AS IS” for your information and personal use only. Except as expressly provided within these Terms, no part of the Bumo Platform and no Bumo IP may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Bumo’s express prior written consent. Bumo reserves all rights not expressly granted to you herein in and to the Bumo Platform and Bumo IP. By using the Bumo Platform, you represent and warrant that: (1) all registration information you Submit, either on behalf of a Subscriber, User, or Provider, will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Bumo Platform through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the website or any of the Bumo Platform for any illegal or unauthorized purpose; and (7) your use of the Bumo Platform will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, Bumo has the right to suspend or terminate your account and refuse any and all current or future use of the Bumo Platform (or any portion thereof).

Allergies and Medication

Effective communication is vital for the well-being of every child. In cases of allergies or medication requirements, Families are solely responsible for directly engaging with the Provider to establish appropriate protocols. Mere notation of allergies or medications on user profiles is insufficient due to the seriousness of allergies and the proper administration of medications. Ensuring the safety of the child necessitates clear and direct communication with the Provider to guarantee accurate understanding and implementation of necessary procedures. Families must take proactive steps to inform Providers of relevant medical information to minimize risks and safeguard the child’s health during their care.

Child Privacy Terms and Conditions

This Child Privacy Terms and Conditions outlines our commitment to protecting the privacy of children using our platform. Please read these terms carefully before using our services.

Data Collection and Use

Personal Information: Bumo collects limited personal information from children, including names, ages, and contact details, solely for the purpose of providing our on-demand child care services. We do not collect more personal information than necessary to fulfill the requested service.

Use of Information: The collected data is used to facilitate bookings, ensure child safety, and maintain communication with parents. We do not share this information with third parties without verifiable parental consent.

Parental Consent Process: Bumo requires verifiable parental consent before collecting, using, or disclosing personal information from children under the age of 13. Parents are required to provide consent through methods such as email verification or phone confirmation. Bumo acknowledges that providers might capture photos or videos of children under their care. However, Bumo holds no authority over the timing or occurrence of such actions, which may lead to their subsequent posting on public platforms or sharing with third parties. Bumo strongly discourages providers from engaging in these activities without obtaining explicit permission from the child’s parent or guardian. While Bumo strives to ensure a secure environment, Families should understand that controlling these actions falls outside our purview. It is advised that parents or guardians communicate their preferences clearly to providers and monitor the online presence of any content involving their child.

Consent Withdrawal: Parents have the right to withdraw their consent at any time, in which case we will cease collecting further information from the child and delete any existing data, subject to applicable legal requirements.

Access and Control

Parental Access: Parents can review the personal information collected from their child and request corrections or deletions. To exercise these rights, parents can contact our support team through the provided channels.

Age Verification

Bumo’s services are intended for Users over the age of 18.

Cookies and Tracking

Bumo may use cookies and similar tracking technologies to enhance user experience. We do not use these technologies to collect personally identifiable information from children without parental consent.

Security Measures

Bumo employs robust security measures to protect children’s personal information from unauthorized access, alteration, or disclosure.

Third-Party Links

Our platform may include links to third-party services or content. Bumo is not responsible for the privacy practices or content of these external sites. Parents are advised to review the privacy policies of linked websites.

Changes to Privacy Policy

Policy Updates: Bumo may update this Child Privacy Terms and Conditions over time. Families will be informed of any material changes, and continued use of our services after such changes constitutes acceptance of the updated terms.

Legal Compliance

COPPA Compliance: Bumo is committed to complying with the Children’s Online Privacy Protection Act (COPPA) and other applicable child privacy laws and regulations. Your child’s privacy and safety are of the utmost importance to us. If you have any questions or require further clarification about our Child Privacy Terms and Conditions, please do not hesitate to contact us at support@bumo.com

Termination

Bumo reserves the right, at its sole discretion, to immediately terminate your access to all or part of the Bumo Platform, to remove your profile and/or any content posted by or about you from the Platform, and/or to terminate your account with Bumo, with or without notice, for any or no reason in its sole discretion. This includes instances where Bumo determines that you are ineligible to use the Platform, have violated any terms outlined herein or in any of the Additional Terms, are not suitable for participation as a Registered User, or have misused or misappropriated Site content, including but not limited to its use on a “mirrored,” competitive, or third-party site. Upon termination, Bumo is not obligated to provide you with a copy of any content posted by or about you on the Site. If we terminate your registration, we are not obligated to notify you of the reason, if any, for your termination.

Bumo reserves the right, but not the obligation, to: (1) monitor the Bumo Platform for violations of these Terms ; (2) take appropriate legal action against anyone who, in Bumo’s sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in Bumo’s sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in Bumo’s sole discretion and without limitation, notice, or liability, to remove from the Bumo Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to Bumo’s systems; and (5) otherwise manage the Bumo Platform in a manner designed to protect Bumo’s rights and property and to facilitate the proper functioning of the Bumo Platform. It is Bumo’s policy to terminate the accounts of those Subscribers, Providers, or Families who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe that any material available on or through the Bumo Platform infringes upon any copyright you own or control, please immediately notify Bumo using the contact information provided below. These Terms shall remain in full force and effect while you use the Bumo Platform. WITHOUT LIMITING ANY OTHER PROVISION OF THESE Terms, BUMO RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE BUMO PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. BUMO MAY TERMINATE YOUR USE OR PARTICIPATION IN THE BUMO PLATFORM OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN ITS SOLE AND ABSOLUTE DISCRETION.

If Bumo terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Bumo reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and equitable relief.

Bumo reserves the right to change, modify, or remove the contents of the Bumo Platform at any time or for any reason in its sole discretion without notice. However, Bumo has no obligation to update any information in the Bumo Platform. Bumo also reserves the right to modify or discontinue all or part of the Bumo Platform without notice at any time. Bumo will not be liable to you or any third party for any modification, change, suspension, or discontinuance of the Bumo Platform.

Bumo cannot guarantee the Bumo Platform will be available at all times. Bumo may experience hardware, software, or other problems or need to perform maintenance related to the Bumo Platform, resulting in interruptions, delays, or errors. Bumo reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Bumo Platform at any time or for any reason without notice to you. You agree that Bumo has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Bumo Platform during any downtime or discontinuance of the Bumo Platform. Nothing in these Terms will be construed to obligate Bumo to maintain and support the Bumo Platform or to supply any corrections, updates, or releases in connection with the Bumo Platform.

These Terms and your use of the Bumo Platform are governed by and construed in  accordance with the laws of the State of California without regard to its conflict of law principles.

Contact Us

If you have any questions, concerns, or requests regarding these Terms, please contact our support team at support@bumo.com

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