These Terms of Service ("Terms") govern your access to and use of www.withmom.org (the "Site") and the services and text-messaging program offered by WithMom Care, a service operated by ShoppingLand LLC ("WithMom," "we," "us," or "our"). By using the Site, requesting our services, or opting in to our SMS program, you agree to these Terms. If you do not agree, please do not use the Site or our services.
1. About WithMom Care
WithMom Care is a postpartum (after-birth) care service that matches mothers with trained postpartum caregivers in the New York and New Jersey area. WithMom Care is operated by ShoppingLand LLC, located in Fort Lee, New Jersey.
2. Service Requests, Matching & Consultations
- Submitting a request or caregiver application on the Site begins a consultation process; it does not by itself create a binding care contract.
- Care arrangements, schedules, and any fees are confirmed separately with you during or after consultation.
- We may decline or discontinue a request or application at our discretion, for example where a suitable match is not available.
- Caregiver applicants are responsible for the accuracy of the information and documents they provide.
3. Payments, Cancellations & Refunds
- Consultation is free of obligation. Specific care fees are confirmed individually during consultation and in your service agreement, based on care type (live-in or commute), duration, location, and scope of care.
- Minimum booking. Care engagements have a minimum commitment of two (2) weeks. This minimum is part of the service itself — it reserves your caregiver exclusively for your family — and is confirmed with you before any payment. Weeks beyond the minimum may be adjusted or ended as described below.
- Booking fee. A booking fee (confirmed at consultation; typically equivalent to one week of care) reserves your caregiver assignment and schedule. It is not a penalty or an extra charge but a fee to hold your caregiver's schedule exclusively for you, set equal to one week of care. If care is completed as planned, the booking fee is applied to your final week (so your final week is not billed separately). If you cancel or end the contract, it is treated as compensation for the reserved schedule under the refund terms in Section (Refunds). If, for reasons attributable to us, confirmed care cannot start, we will notify you at least one month before the scheduled care start date whenever possible and offer schedule adjustment, alternative timing, or a full booking-fee refund.
- Ongoing payment. The remaining balance, after the booking fee, is due in full no later than one (1) month before care begins (the booking fee covers the final week). If it is not received by then, the start of service may be held. We currently accept bank transfer (e.g., Zelle); payment details are provided with each payment notice.
- Cooling-off. You may cancel within 3 business days of signing your service agreement for a full refund of any amounts paid.
- Cancellation before care begins. Refund of the booking fee depends on notice before the scheduled care start date (the schedule adjusts automatically if your delivery date changes): 3+ months — refund less a fixed $150 administrative fee; 2–3 months — 70% refund; 1–2 months — 50% refund; under 1 month — the booking fee is non-refundable. The booking fee reserves your caregiver's schedule exclusively; the closer the cancellation is to the start date, the harder that reserved time is to re-fill, which is why the retained amount is set as above. Any care-fee balance you prepaid is fully refundable if care has not yet begun (the schedule above applies to the booking fee only).
- Service confirmation and caregiver changes. During care, we may use daily care checklists, caregiver logs, client confirmation messages, or operator notes to confirm the services actually received. If a caregiver must be changed because of illness, safety, scheduling, or other case issues, we will first offer a replacement caregiver, schedule adjustment, make-up schedule, or another available operating plan.
- Ending care early. Subject to the two-week minimum booking, either party may end ongoing care with 7 days' written notice (email or text message is sufficient). If you end care early for personal reasons, a change of plans, simple preference, or because you decline a reasonable replacement or schedule adjustment, you are charged for care already provided, the 7-day notice period during which your caregiver remained reserved for you, and 50% of the remaining reserved care period after the notice period as a schedule-hold and reassignment charge. Any unused booking-fee balance is applied first to those amounts.
- Replacement first. If a caregiver change is needed, we will offer a free replacement, schedule adjustment, or make-up plan before treating the situation as an early ending of care.
- Medical circumstances. In the event of pregnancy loss or a medical condition of mother or baby (with a doctor's note), all unused amounts are refunded in full, at any time.
- Tips are optional and, if you wish to give one, are best given directly to your caregiver.
- Direct hiring: if you hire a caregiver introduced by WithMom outside of WithMom within twelve (12) months after the caregiver's last day of service, a direct-hire conversion fee of $5,000 applies.
The full cancellation and refund schedule also appears in the service agreement provided to you before any payment. If anything in this section conflicts with your signed service agreement, the service agreement governs.
4. SMS / Text Messaging Program Terms
By opting in, you agree to receive recurring automated text messages from WithMom Care at the mobile number you provide. Consent to receive texts is not a condition of receiving our services.
- Program: We send application and request status updates, the secure link to complete your detailed intake form, caregiver-matching notifications, care schedule reminders, and replies to your inquiries.
- Message frequency varies based on your request, application, and care arrangements.
- Message and data rates may apply, as charged by your mobile carrier.
- Opt out: Reply STOP (or CANCEL, END, QUIT, UNSUBSCRIBE, OPTOUT, REVOKE) at any time to stop receiving messages. You will receive a single confirmation message.
- Help: Reply HELP for assistance, or contact us using the details below.
- Carriers are not liable for delayed or undelivered messages.
- Your mobile opt-in data and consent are handled per our Privacy Policy and are never shared with third parties for marketing purposes.
5. Acceptable Use
You agree not to use the Site or our services unlawfully, to infringe others' rights, to interfere with the Site's operation or security, or to attempt unauthorized access to our systems or data.
6. Intellectual Property
The Site and its content — including text, graphics, logos, and trademarks — are owned by or licensed to ShoppingLand LLC and are protected by applicable laws. You may not copy, reproduce, or use them without our prior written permission.
7. Disclaimers
The Site and services are provided "as is" and "as available" without warranties of any kind, whether express or implied, except as required by applicable law. We do not warrant that the Site will be uninterrupted, error-free, or secure.
8. Limitation of Liability
To the fullest extent permitted by law, WithMom Care and ShoppingLand LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Site, services, or SMS program. Our total liability for any claim will not exceed the amount you paid to us for the service giving rise to the claim.
9. Indemnification
You agree to indemnify and hold harmless ShoppingLand LLC and its officers, employees, and agents from any claims or expenses arising out of your misuse of the Site or violation of these Terms.
10. Governing Law
These Terms are governed by the laws of the State of New Jersey, USA, without regard to its conflict-of-law rules. Any dispute will be subject to the courts located in New Jersey.
11. Changes to These Terms
We may update these Terms from time to time. The "Effective date" above shows the latest revision. Your continued use of the Site after changes are posted constitutes acceptance of the updated Terms.