Effective Date: March 7, 2024
These Terms and Conditions (“Terms”) outline the expectations, responsibilities, standards, and requirements of doulas and doula agencies who provide prenatal, birth, postpartum or any other doula support services (“Doula Services”) to members of Carrot Fertility, Inc. (“Carrot”).
By accessing or using Carrot’s online and/or mobile services, website, or phone support lines (collectively, the “Carrot Service”), by providing Doula Services to Carrot members and/or by submitting an application to Carrot for inclusion in the Carrot database of eligible providers, or by clicking a button or checking a box marked “I Agree” (or similar), you signify that you have read, understood, and agree to comply with and be bound by these Terms and Carrot’s Privacy Notice. You may not use any Carrot Service or provide Doula Services to Carrot members if you do not agree to these Terms or Carrot’s Privacy Notice.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
- INFORMATION YOU PROVIDE TO US. We may use any personal information you provide to us to confirm your qualifications as a Doula, including speaking with certification entities or your self-identified references, and to communicate with you directly. Carrot may include information related to you, your qualifications, location, or other information you provide in its member-facing directories. Any certifications you provide may be shown to others as evidence of your qualifications as a doula or to confirm the certification authenticity.
- SECURITY. We care about your privacy and the security of your personal information (“PII”). Carrot maintains security protocols intended to protect such PII. You understand that by submitting this form, your PII will be collected and processed by Carrot. You are responsible for taking precautions and security measures best suited to your circumstances and the intended services you provide (e.g., security of your devices, your Wi-Fi network, etc.), including to ensure your communications with us are secure. Additionally, you are responsible for maintaining the security of Carrot members’ PII. You agree not to share sensitive information related to Carrot members or your other clients with Carrot without obtaining the proper consent from the member and/or client.
- NO PROFESSIONAL ADVICE. Carrot does not provide any legal, medical, tax or similar advice or representations in connection with your providing doula services to a Carrot member or their eligible partner. You should rely solely upon your own professional advisors and not Carrot for such advice. You should seek legal counsel regarding any legal and tax issues and should not rely on any materials or content associated with this form in determining your rights and obligations under law.
- NOT A CONTRACT OF EMPLOYMENT. This form, and its terms and conditions, is not intended to create, and does not create, an employment relationship between the parties. The parties acknowledge and agree that the individual entering into this agreement is not considered an employee of Carrot, and will not receive any employment-related benefits such as paid leave, insurance, or other benefits typically associated with employment. Both parties retain the freedom to pursue other opportunities and this agreement does not restrict either party from entering into similar arrangements with other entities. The manner and means by which you choose to provide your services to the Carrot member or their eligible partner are in your sole discretion and control.
- RELATIONSHIP BETWEEN CARROT MEMBER AND DOULA. Carrot is not a party to your relationship with the Carrot member. The relationship between Carrot Member and Doula is intended to be a professional relationship; services performed by a parent, grandparent, other relative, or friend are not eligible for reimbursement. The manner and means by which you choose to complete your services to the Carrot member or their eligible partner are in your sole discretion and control. Carrot will not adjudicate disputes between Carrot members and you as a doula, however, feedback from Carrot members will be tracked and any violation of Carrot’s Terms or program requirements may lead to immediate exclusion from Carrot's database of eligible providers or your services being deemed ineligible for reimbursement by Carrot. Eligibility determinations made by Carrot are made in its sole discretion. Carrot reserves the right to review eligibility determinations and/or to determine that any eligibility determination is final and binding.
- IDENTITY. In submitting information to Carrot or contacting Carrot, you represent and warrant that you are the individual you hold yourself out to be. Carrot is not responsible for confirming your identity but may request additional information from you if deemed necessary. You should ensure that any listed names match your credentials and current legal name. Carrot may rely on the information you submit.
- DOULA AGENCIES. Each doula within an agency, collective, or doula network will be evaluated for eligibility separately. Carrot’s eligibility determination with respect to an individual doula does not extend to others at the same agency or within the same doula network. Doula Agencies agree not to substitute Carrot eligible doulas with non-eligible doulas to provide services to Carrot members. Doula Agencies agree not to complete or submit applications on behalf of employees.
- STANDARDS AND EXCLUSION. Carrot will collect feedback related to the services you provide and reserves the right, in its sole discretion, to determine that you do not meet its standards based on qualifications, doula practices, and/or business practices. Any such determination is grounds for exclusion from Carrot’s database of eligible providers and services being deemed ineligible for reimbursement.
- FALSIFIED RECORDS. You agree not to attempt to circumvent Carrot policies or guidelines, including by submitting inaccurate, misleading, intentionally vague, inaccurate statements, or falsified records to Carrot.
- ACTIVE CREDENTIALS. Doula credentials must be active at the time services are rendered. Services performed when a certificate is inactive are not eligible for reimbursement. It is your responsibility to submit proof of certification renewal. Failure to provide updated documentation will result in a service denial for members and you risk network removal.
- CREDENTIAL ACCEPTANCE. Carrot reserves the right to change its program guidelines at any time and may determine that certain credentials or certificates no longer meet its program standards. Doulas who fail to meet Carrot’s updated guidelines will be removed from its database of eligible providers and services will be deemed ineligible for reimbursement.
- INVOICING PRACTICES. You agree to invoice Carrot members accurately for services rendered. You agree that you will only provide the services listed on invoices. Carrot reserves the right to determine if an invoice is attempting to mislead for any reason, including, but not limited to, invoices that appear to stack services within a specific time period for reimbursement when services will be provided over a longer period of time.
- CUSTOMARY STANDARD RATE. You agree not to charge Carrot members more than your customary standard rate as advertised on your website and/or in your application form. Charging Carrot members more than your usual customary standard rate is a violation of these terms. Carrot does not reimburse additional fees for overtime, holidays, weekends, administrative, or processing fees. Carrot reserves the right to determine a reasonable standard rate and limit reimbursements to that rate.
- BILLING DISPUTES. Carrot will not adjudicate billing disputes between Carrot members and the doula, however, Carrot has obligations to Carrot customers and is responsible for ensuring that customer funds are used responsibly and as such reserves the right to audit invoices, bills, and billing practices in relation to those customer obligations.
- PROPRIETARY MATERIALS AND ADVERTISING. The Carrot Service and all materials therein, including software, images, text, graphics, illustration, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and other content of any kind (collectively, “Carrot Content”) and all intellectual property rights related thereto, are the exclusive property of Carrot and Carrot’s licensors. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Carrot Content. Use of Carrot Content for any purpose not expressly permitted by these Terms is strictly prohibited. You need express permission to advertise your inclusion in Carrot’s database of eligible providers or to describe Carrot services on public-facing or marketing materials.
- INDEMNITY. You agree to indemnify Carrot and hold us harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) misleading, false, or inaccurate responses submitted on this form and (iii) any dispute you may have with any Carrot member, their eligible partner or other third party.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CARROT, OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICES YOU PROVIDE, INCLUDING CARROT CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CARROT BE LIABLE TO YOU FOR ANY DAMAGES IN AN AMOUNT EXCEEDING $100.00. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
- VIOLATION OF TERMS. Any violation of these Terms is grounds for removal from Carrot’s database of eligible providers and/or your services being deemed ineligible for reimbursement. Any determination by Carrot is made in its sole discretion and is final and binding.
- CHANGES TO TERMS. Carrot may modify or update these Terms from time to time. When Carrot changes these Terms in a material manner, Carrot will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to this Agreement. What constitutes a material change will be determined by Carrot. Your continued use of Carrot Services after any such change constitutes your acceptance of the new terms of service. If you do not agree to any of these terms or any future terms of service, do not use or access (or continue to access) the Carrot Services or engage with Carrot members.