Manana Terms of Use
Last Updated March 2, 2023.
Manana is delighted to have you considering our services in Nashville, TN, and surrounding areas! These Terms of Use (“Terms”) are entered into by and between You and Manana (“Company”, “we”, or “us”). The following Terms govern your access to and use of the Manana mobile application (the “Application”), www.mananahelp.com (the “Site”), and all Manana-owned websites, domains, and applications (collectively, the “Services”), including any content, functionality, and services offered on or through the Services.
These Terms contain important provisions that limit our liability to you (Section 12) and require you to resolve your disputes with us through arbitration or waive your right to a jury trial (Section 14).
By using the Services, you signify that you are of legal age in your place of residence and agree to these Terms. If you do not want to agree to these Terms, you must not access or use the Services.
1. How Manana Works
Ready for an efficient and secure way to find a caretaker for the people you love the most? Manana replaces the old process of searching for a Helper through word-of-mouth references with a modern technological platform.
How It Works
When you create an account with Manana, you can login to view Helper bios for you to consider and peruse. If you see someone you like, just click on their link to book their services. Of course, if you need us at any point, you can always feel free to reach out.
HELPERS ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF COMPANY. COMPANY DOES NOT EMPLOY HELPERS TO ASSIST YOU. BY CONNECTING YOU WITH HELPERS, COMPANY OPERATES AS AN ONLINE MARKETPLACE THAT CONNECTS YOU WITH HELPERS WHO WISH TO ASSIST YOU.
YOU HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR A HELPER’S WORK AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE TASKS IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.
2. Privacy
Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.
3. Changes to these Terms
We reserve the right to modify, update, or remove portions of these Terms. We will provide you notice if we do, and we agree that changes cannot be retroactive. If you do not agree to these changes, you cannot use the Services.
4. Contact and Consent to Electronic Communications
If you have any questions or comments, please send an e-mail to us at info@mananahelp.com or call at (615) 212-9609. All legal notices to us must be emailed. Address will be provided upon request.
You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
5. Mobile Service Charges
If you use the Site on a mobile device, or if you send or receive electronic communications to or from us on a mobile device, your wireless carrier may impose data and/or other charges, and you understand and agree that you will be solely responsible for any and all such charges from your wireless carrier. View our SMS Terms and Conditions.
6. Terms Related to Purchase
The Services may refer to products and/or services that are generally available for purchase but may not be available in your particular country or locality. The reference to any such products or services on the Services does not imply or warrant that these products or services will be available at any time in your particular locality. You should therefore check with us directly for specific product or service availability in your locality. We use Stripe to process payments made through the Services. By using the Services, you understand and agree that any payment processing conducted on the Services is subject to Stripe’s Service Agreement and not these Terms.
7. Intellectual Property Rights
For purposes of these Terms, “Content” means all content, information and material made available on or through the Services, including, without limitation, text, photos, images, graphics, animations, music, audios, videos, and software applications, whether or not downloadable, as well as all layout design and look and feel elements of the Services. Unless otherwise indicated in writing by us, all Content is the proprietary property of Company or our licensors or users, as applicable, and are protected by U.S. and international copyright laws.
Subject to your compliance with these Terms and applicable laws, we grant you a revocable, conditional and limited license to access and use the Services and Content for your own lawful personal and noncommercial use only. This license is personal to you and is not transferable to others, and may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any unauthorized use, copying, reproduction or distribution of the Content is strictly prohibited and may result in civil and/or criminal liabilities. We reserve all rights not expressly granted herein.
Without limitation to the generality of the foregoing, if you download any Content, you understand and agree that you are only authorized to retain such downloaded Content for your own lawful personal and noncommercial use only and that you are not permitted to distribute (including by sale, lending, or otherwise), transfer, or otherwise disseminate such downloaded Content (or any derivative work thereof) to others.
Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Company or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
The term Manana Help, the Company logo and any other Company product or service names, logos or slogans that may appear on the Services are trademarks of Company and are protected by U.S. federal and state law. Except as specifically permitted by applicable laws, any unauthorized use of Company’s trademarks is strictly prohibited and may give rise to civil and/or criminal liabilities. Third-party trademarks appearing on the Services are the property of their respective owners.
8. User Feedback
If you submit to us ideas, suggestions, comments, or other feedback concerning the Services or Content, whether solicited or unsolicited (“Feedback”), you understand and agree that:
9. Reservations of Rights
We reserve the right to modify or discontinue all or any part of the Services at any time in our sole discretion, with or without notice. We will not be liable to you or to any other user, if for any reason all or any part of the Services become unavailable at any time or in any location. We also reserve the right to suspend or terminate your use of the Services, if we determine (in our sole judgment) that you are in violation of these Terms or any applicable law or that your use of the Services may expose us or any of our suppliers or partners to liability of any kind, or may adversely affect the brand or reputation of the Company.
10. User Conduct, Prohibited Use
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Services. You agree that you will abide by these Terms and will not:
We reserve the right to terminate your use of the Services at any time, including for violations of the prohibitions in this Section. To help support our community, we encourage you to report or conduct that you believe violates your rights or our Terms and policies.
11. Disclaimers
Your use of the Services or its Content is at your own risk. The Services and Content are provided to you “as is,” with all faults and defects and without warranties of any kind, either express or implied. To the maximum extent permitted under applicable law, we expressly disclaim all warranties, whether express, implied, statutory or otherwise, with respect to the Services and Content, including all implied warranties of merchantability, absence of defects, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND that the Services or Content will:
You acknowledge and understand that transmitting your information using the internet and the Services is inherently risky, as the security of such transmission cannot be guaranteed and a breach, compromise, or other incident may occur notwithstanding reasonable precautions.
12. Limitations of Liability; User Indemnity
Under no circumstances and under no legal theory (whether in contract, tort, or otherwise) shall Company be liable to you or any third party for the following in connection with your use of the Services: (1) any indirect, incidental, exemplary, consequential, punitive or other special categories of damages (including any loss of data, opportunities, reputation, profits or revenues), even if advised of the possibility of such damages; or (2) any amount in excess of one U.S. dollars ($100).
The Section allocates the risks under these terms between you and us, and we both have relied on these limitations in determining whether to enter into these Terms. Some jurisdictions do not allow the disclaimer or limitation of liability, which means that some of the above limitations may not apply to you. In these jurisdictions, our liability will be limited to the greatest extent permitted by law.
You agree to indemnity, defend, and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses, and damages of any kind (including attorneys’ fees) (“Claims”) resulting from your breach of any provision of these Terms. Any such indemnification shall be conditioned on our (a) notifying you in writing of such Claim and (b) reasonably cooperating with you in the defense or settlement thereof. We shall be entitled to participate in such defense at our own cost and expense.
13. Governing Law
These Terms are governed by and construed and enforced in accordance with the Federal Arbitration Act and the internal laws of the U.S. State of Tennessee without giving effect to the principles of conflicts of laws of such state and are binding upon the parties hereto in the United States and worldwide.
14. Dispute Resolution
What follows are some notices and disclaimers that lawyers insist we include. We apologize for the ALL CAPS language. We are not shouting.
If a dispute arises between you and us, we strongly encourage you to contact us directly through our contact page to seek resolution of your dispute. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS DISPUTE RESOLUTION PROVISION.
We Both Agree to Arbitrate
In the event of a disagreement, we hope to resolve it quickly and through mutual discussion. If we can’t, you and Company agree to take steps under this “Dispute Resolution” provision within one-year of when the event of disagreement arose. You and Company both agree to resolve any dispute under these Terms through individual, non-representative, binding arbitration in Nashville, Tennessee as the sole means of resolving the dispute, instead of proceeding in courts of general jurisdiction.
There is one exception to this arbitration requirement: to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights), Company may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Application, or intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above. If Company seeks injunctive relief, the suit shall be governed by and construed in accordance with the laws of the state of Tennessee, excluding its conflict of law rules and you expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Nashville, Tennessee.
Arbitration Procedures
The arbitration proceedings shall be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) using its Streamlined Arbitration Rules and Procedures in front of one arbitrator, who will conduct the proceedings in English. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Each party will bear their own costs of arbitration. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief, to the extent necessary to provide relief warranted by the individual claim before the arbitrator). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. All aspects of the arbitration shall be confidential, and you, the Company, and the arbitrator shall not disclose to others, or permit disclosure of, any information related to the proceedings, including but not limited to discovery, testimony and other evidence, briefs and the award.
Waiver of Class Actions
You waive any right to pursue an action on a class-wide basis against us and may only resolve disputes with us on an individual basis. You may not bring a claim against us as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
Jurisdiction; Waiver of Jury Trial
In the event we do engage in any court proceeding in connection with these Terms, You and the Company each agrees to be subject to the jurisdiction of federal and state courts located in the city of Nashville, Tennessee. YOU AND MANANA EACH HEREBY IRREVOCABLY WAIVES, TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, ALL RIGHTS TO A JURY TRIAL.
15. Third Party Links
The Services may contain links to other sites on the Internet that are owned or operated by third parties. Company makes no claim or representation regarding the quality, content, nature or reliability of third party websites accessible by hyperlink from the Services or of websites linking to the Services. We provide these links solely as a convenience. Company is not responsible for the privacy practices or the content of any off-site pages or any other sites linked to the Services, whether or not they are affiliated with Company. The appearance of a link does not imply our endorsement, nor are we responsible for any content on a linked site. You access linked sites at your own risk.
16. Termination
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event.
17. General Terms
The relationship of You and us established under these Terms is that of independent contractors, and neither party is a partner, employee, agent or joint venture partner of or with the other, and neither party has the right or authority to assume or create any obligation on behalf of the other party. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and be enforceable. These Terms are the complete and exclusive statement of the terms and conditions governing your use of the Services, and they supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. We may assign or transfer these Terms, in whole or in part, without restriction. You may not assign your rights or obligations under these Terms.