These Custodia Gold Seal Guarantee Terms are to be read in conjunction with the General Terms of Service http://custodia.com/custodia-terms-of-service/ and are part of your Agreement between Custodia Inc. and you.
Custodia stands by the work provided by its pre-screened Seniors Helpers that you contract through our Services and we endeavor to create the best possible experience for our Users. We understand, however, that unexpected things can and do sometimes happen and we hope to help ensure your Custodia experience keeps you happy and stress free. Accordingly, at Custodia, we voluntarily stand behind every job with the Custodia Gold Seal Guarantee, so you can be confident you’re getting a high level of service at a great value. These Custodia Gold Seal Guarantee Terms set forth the benefits, eligibility requirements, and procedure for filing a claim under the Custodia Gold Seal Guarantee.
- About the Custodia Gold Seal Guarantee. If you are not reasonably satisfied with the performance of the Service you have Requested through our Services, you may submit a claim (“Claim“) to us in accordance with these Custodia Gold Seal Guarantee Terms. If we determine, in our sole discretion, that your Claim meets all eligibility requirements (“Eligibility Requirements“) as provided herein, we may, in our sole discretion and pursuant to the terms provided herein, seek to fix the problem in a manner determined by us, which may include using the same or another Seniors Helper to attend the Premises and fix the problem, or otherwise reimbursing you for the Service Payment amount you have paid for the Service in kind or by applying credits redeemable towards future Services to your User Account.
- Eligibility Requirements. We reserve the right to review or consider only those Claims that meet all Eligibility Requirements provided herein and are under no obligation to review or consider a Claim or notify a Requesting User who has filed a Claim that does not meet the Eligibility Requirements as follows:
- Custodia User Account and Compliance. You must have a User Account with Custodia and must be and at all times during the claim process remain in full compliance with the General Terms of Service http://custodia.com/custodia-terms-of-service/ and the Custodia Gold Seal Guarantee Terms.
- Requested Through our Services. You must have connected with the Seniors Helper with whom you contracted to provide the Service that is the subject of your Claim through our Services and your User Account. For clarity, any work done by a Seniors Helper that was performed as a result of contact or follow up with a Seniors Helper by phone, text, or otherwise without placing a Request is considered outside the scope of our Services. Your Claim will not be eligible for the Custodia Gold Seal Guarantee if you connected with a Seniors Helper outside our Services to provide any part of the Service that is the subject of your Claim.
- Performance of Service. All work done pursuant to the Request that is the subject of your Claim must have been Requested by you while logged in to your User Account, Accepted by a Seniors Helper through our Services, and performed only by that Seniors Helper. If more than one Seniors Helper is required to complete the Service Requested, you or the originally contracted Seniors Helper must request additional Seniors Helpers through our Service. If, in connection with the Service underlying your Claim, you choose to hire or contract with additional Seniors Helpers(s) without making a Request through our Service, your Claim will not be eligible for the Custodia Gold Seal Guarantee.
- Payment for Service. Your Claim will not be eligible for the Custodia Gold Seal Guarantee if you stop payment for any Service, such as by contesting or refusing the related charge to your credit card.
- No Modifications or Changes. You must not alter or modify any parts, equipment, service or work provided by the Seniors Helper, except to the extent reasonably necessary to minimize damage to the Premises resulting from your Claim. If we determine, in our sole discretion, that you have materially altered or modified any of the work performed or parts or equipment provided by the Seniors Helper relating to your Claim and that your alteration or modification in any way contributed to the problem or issue, your Claim will not be eligible for the Custodia Gold Seal Guarantee.
- No Work or Recommendations Declined At Time Of Service. If, during the Job, the Seniors Helper makes reasonable recommendations to address the problem identified in the Request or Claim or any other problems that may have been discovered in the course of the performance of the Services (the “Recommended Services“) and you declined the Recommended Services, or any part thereof, your Claim will not be eligible for the Custodia Gold Seal Guarantee to the extent we determine, in our sole discretion, that the Recommended Services may have addressed part or all of your Claim.
- Submit Your Claim within 15 days. If you choose to submit a Claim under the Custodia Gold Seal Guarantee, you must do so in accordance with the process described herein and within fifteen (15) days after the last day of work performed as logged by the Seniors Helper on the Service. Any Claims filed after the 30 day deadline will not be eligible for the Custodia Gold Seal Guarantee.
- How to file or process a claim. Complete an incident report and provide the following information: your name and address; a complete description of the Service Requested, work performed, and the problem arising therefrom; and, such other information or documentation (including photos) reasonably required to assess your Claim. Any discretion, review, determination, option, right, choice or decision exercisable by us hereunder and throughout the Claim process will be at our sole discretion, regardless of whether the phrase “in our sole discretion” is used or not. By filing a Claim, you agree to timely provide all additional information or documentation as we may reasonably request from time to time and represent and warrant to us that all information you provide during the Claim process is accurate, complete, and fairly represents the problem underlying your Claim. You further agree that we may, and authorize us to, share your Claim and any information you provide us in connection with the Claim with the applicable Seniors Helper. We reserve the right, to determine if the evidence you provide is reasonable and sufficient to process your Claim in accordance with these Custodia Gold Seal Guarantee Terms and to request additional information relating to your Claim at any time. You agree that your rights under the Custodia Gold Seal Guarantee will be subject to your providing us with all requested information. On a commercially reasonable efforts basis, we will address your problem as soon as reasonably practicable, but you acknowledge that it may take up to six weeks from the time you submit your Claim and all required documentation to complete resolution of your Claim. You agree that we will have no liability for any failure to resolve or make payment for your claim within this projected time period. Further, you understand and agree that if you fix or repair (or hire another service provider to fix or repair) any problem that resulted in the filing of your original Claim with us prior to us processing and resolving your Claim, your Claim will be automatically disqualified and you will be ineligible to receive any protection or payment from us for that Claim, unless such fix or repair was necessitated by exigent circumstances (such as loss of electricity or water, or water damage), as we so determine. When we receive your Claim, we will decide whether it is eligible for protection under the Custodia Gold Seal Guarantee (an “Eligible Claim“). If your Claim is an Eligible Claim, we will choose the appropriate resolution. We reserve the right to determine that your Claim is not an Eligible Claim and may, though are under no obligation to, notify you of your Claim’s ineligibility by email to the email address you have provided in your User Account.
- Remedying Your Eligible Claim. If we decide that your Eligible Claim has merit, we may, in our sole discretion, attempt to remedy the problem by: by sending up to two (2) Seniors Helpers to you at our expense; provide a credit to your User Account that you may put towards future Services; pay you the Service Payment amount you originally paid for the Service; or provide such other remedy or combination of remedies as we determine may fix or help fix the problem. Notwithstanding the foregoing, and without in any way restricting the limits and exclusions set out in the General Terms of Service, the maximum amount we will incur, reimburse, or credit you for a Claim under the Custodia Gold Seal Guarantee will not exceed CDN $1,000 in the aggregate, regardless of the amount of damage Claimed. If we decide to remedy the problem or seek alternative estimates for repair of the problem, you agree that you will cooperate with such efforts, including providing access to the Premises, meeting with the Seniors Helper(s) identified by Custodia to correct the identified problem(s), and providing complete and accurate information to any necessary third party about the Service and your attempts to resolve the Claim. As we are under no obligation to remedy a problem arising out of a contract between you and the relevant Seniors Helper with whom you contracted, we reserve the right to remedy your Eligible Claim under the Custodia Gold Seal Guarantee, if at all, in the manner we determine, including by paying the Seniors Helper directly to fix the problem, by mailing you a check, or by otherwise crediting your User Account.
- Waiver and Release. You understand and agree that we are voluntarily offering the Custodia Gold Seal Guarantee and are under no obligation to do so under the Custodia Terms of Service. Apart from these Custodia Gold Seal Guarantee Terms and our obligation to perform hereunder, if applicable, we have no obligation to provide you with protection under the Custodia Gold Seal Guarantee and any act on our part to do so is for the sole purpose of providing a satisfactory customer service to our Users. Any remedy or protection we may choose to provide your Eligible Claim under the Custodia Gold Seal Guarantee, if at all, is subject to your execution of a waiver and release (“Waiver and Release“) in the form we provide to you. In this Waiver and Release you understand and agree that you will waive, release, and forever discharge us from and against any and all manner of liabilities, claims, demands, suits, damages (including direct, indirect, special, punitive, incidental and consequential damages), costs, expenses, debts, actions and causes of action of any kind or nature whatsoever related to or arising from the Claim.
- Recourse from Seniors Helper. The Custodia Gold Seal Guarantee is a voluntary offer from us and in no way restricts the limits and exclusions provided in our General Terms of Service, or changes or expands the role of our Service as a platform to connect Requesting Users with Seniors Helpers. We in no way accept responsibility for any work performed by a Seniors Helper and expressly disclaim any contractual relationship in a Requesting User’s agreement with a Seniors Helper. Filing a Claim under the Custodia Gold Seal Guarantee in no way restricts your ability to seek a recourse directly from the Seniors Helper with whom you contracted for the work.
- Termination of Plan and Effect of Amendment. We reserve the right, in our sole discretion, to terminate the Custodia Gold Seal Guarantee at any time without notice. Any such termination will not affect the availability of the Custodia Gold Seal Guarantee for Services Requested prior to such termination, but will be effective going forward as of the time the Custodia Gold Seal Guarantee was terminated. If we choose to amend these Custodia User Protection Terms under the Amendments section of the General Terms of Service, we will post the revised Custodia Gold Seal Guarantee Terms on this page at http://custodia.com/custodia-gold-seal-guarentee, and we will indicate at the bottom of such page the date of the last revision or modification. Revised Custodia Gold Seal Guarantee Terms are effective on the date posted. However, the Custodia Gold Seal Guarantee Terms in effect on the date the Service underlying your Claim was Requested will apply to that Claim.
If you have any questions about the Custodia Gold Seal Guarantee, you may email us at email@example.com.