Terms of Service

Last updated: September 5, 2017

These Terms of Use set out the terms and conditions under which individuals may use the website or mobile application and access the services offered by Caregiver Canada Inc. ("Caregiver Canada"). These Terms of Use comprise a legal agreement between Caregiver Canada and you, the person accessing and using the website or mobile application ("You" or "User"). Caregiver Canada owns, operates and maintains the mycaregivers.com website, Website is referred to as the "Platform". By downloading, accessing and/or using the Platform, you are deemed to have read Terms of Use and you agree to be bound by the Terms of Use which shall govern your access and use of the Platform and all applicable laws and regulations.

IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE SET OUT BELOW, YOU MAY NOT ACCESS OR USE THE WEBSITE OR APP, SHOULD NOT CLICK TO ACCEPT THESE TERMS AND SHOULD NOT PROCEED ANY FURTHER.

Description of Services

Caregiver Canada offers a family of online services to match individuals and families with various service providers, including, but not limited to, child care, nannies, babysitting, elder care, house sitting, housekeeping, and pet sitting (collectively referred to as ("Services"). Caregiver Canada's Services on CanadianNanny.ca allows individuals and/or entities providing care services ("Service Providers") to post information profiles on the Website to facilitate matching with those Users who are seeking services ("Service Seekers").

Caregiver Canada's Services facilitate the matching of Service Seekers and Service Providers by providing search functions to allow Service Seekers to find the appropriate Service Provider based on their preferences and needs. Caregiver Canada's Service also involves providing a platform to facilitate the initial and ongoing communication between Service Seekers and Service Providers ("Messaging Platform"). Through the Messaging Platform, Users can engage with one another without disclosure of their e-mail or phone number. Caregiver Canada reserves the right to re-post a User's Service advertisement on external third-party websites for the purposes of ensuring exposure of the User's request and/or provision of Services. Any such re-posting on an external third-party websites will not include Personal Information (as defined below) of the Users.

Caregiver Canada is not a party to the relationship between the Service Seeker and Service Provider. Caregiver Canada shall not, in any way, be liable to a Service Seeker or Service Provider or any other third party, arising, either directly or indirectly from such employment or independent contractor agreement between the parties.

Caregiver Canada does not verify, review, evaluate, interview, screen or perform any background checks on any of its Users or the content posted by the User on the Platform. You assume all risks associated with dealing with other persons whom you come in contact with through the Services of Caregiver Canada's Platform.

Please refer to the Website regularly for further information about the Services provided.

Eligibility Criteria

To be eligible to use the Services offered by Caregiver Canada, you represent and warrant as follows:

  1. that you are eighteen (18) years of age or older on the date of creation of your User Account;
  2. if you are registering as Service Provider, that you are legally permitted to work in the jurisdiction where you are seeking employment; and
  3. neither you nor any member of your household may have ever been the subject of a complaint, restraining order or any other legal action or criminal offence involving violence, abuse, neglect, fraud, or any other offence that involves endangering the safety of others, and that you are not registered or currently required to register as a sex offender with any government agency in any jurisdiction.

User Accounts and Passwords

To access and use certain features of the Website, you will need to create a profile through the Website ("User Account"). As part of the process to create, register and maintain your User Account you must provide Caregiver Canada with certain current, complete, and accurate registration information, including your name, e-mail address, address, postal code/ZIP code, and phone number, and other data or information that has been requested by Caregiver Canada during the client account registration or renewal process ("Registration Data"). If you are enrolling in Caregiver Canada's Payroll Services and Personal Tax Services, additional information, including your bank account number and Social Insurance Number will be collected.

In these Terms of Use, "Personal Information" means any information about an identifiable individual, such as your name, e-mail address, mailing addresses, gender, date of birth, any data about you that you elect to provide electronically through the Platform and any other information that identifies who you are. Registration Data and Personal Information will be used by Caregiver Canada solely in accordance with these Terms of Use and Company's Privacy Policy (the "Privacy Policy"). In addition, if you are accessing Caregiver Canada's Services through the App, you may be asked permission to access to your location through your mobile device. Access to and use of your location information is consistent with the terms of our Privacy Policy.

You agree that you will:

  • maintain and update such Registration Data as necessary in order to keep such information current, complete, and accurate;
  • maintain the confidentiality of any passwords or other account identifiers which you choose or that are assigned to you as a result of any registration or account creation with the Platform; and
  • be responsible for all activities that occur under such password or account.

Further, you agree to immediately notify Caregiver Canada of any unauthorized use of your password or account in the event that the confidentiality of your password or your account is compromised.

Failure to comply with this paragraph may result in immediate termination of your account.

User Account Fees and Term

To have the ability to make contact with care candidates and post jobs, families must follow a subscription procedure and pay a subscription fee. Families will be required to select a subscription period and amount prior to any contact with a sitter candidate. It is the family's sole discretion which subscription they select. Once your subscription has expired you will no longer have the ability to contact care candidates but you will still be able to view their limited profiles. Contact will be granted again once the subscription fee has been renewed.

Caregiver Canada charges a fee of for its Services. The first fee payment is made when a User signs up for Caregiver Canada’s Services. The user undertakes to provide true and correct credit, debit or any other electronic switch details, the user undertakes that the payment method and details used are your own and that sufficient credit or funds are available to you to use at the time of a subscription purchase. These credit facilities and funds must be sufficient to cover the cost of your selected membership purchase.

You agree that any fees associated with the use of Caregiver Canada's Services are considered final payments and are non-refundable.

 

Personal Information

You agree that your use of the Website and the Services is subject to the terms of our Privacy Policy , which is hereby incorporated by reference into, and forms an integral part of, the Terms of Use or by using the Platform, you expressly consent to the collection, storage, use and disclosure of your information, including your Personal Information, according to the Privacy Policy.

You represent and warrant to Caregiver Canada that you are at least 18 years of age or have the permission of a parent or legal guardian (if between the ages of 13 – 18), and that you have the full, unrestricted right and authority and have been fully authorized to provide to Caregiver Canada any and all Registration Data (including any Personal Information) for the purposes of these Terms of Use and that Caregiver Canada is authorized and permitted to use such data as and to the extent provided in these Terms of Use and the Privacy Policy.

Content and Use of Services

As a Service Seeker, Service Provider or any other User of the Services, you agree that the content of information and materials posted on the Website by you is accurate, current and complete. In addition, you represent and warrant as follows:

  • You will use the Services provided by Caregiver Canada solely for yourself and are responsible for all activity and use of your account and may not assign or transfer your account to any other person.
  • You have the right and authority to post all information you post about yourself or others
  • You will not provide inaccurate, misleading, defamatory or false information to Caregiver Canada or to any other User of the Website.
  • You will not post any content (including, but not limited to, written material, text, photos, or graphical content) on the Website, or transmit to other users, that is defamatory, inaccurate, inappropriate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act
  • Your use of the Website and Services provided by Caregiver Canada are in accordance with any and all applicable laws and regulations.

In addition to complying with these Terms of Use, you agree to use the Platform and Services for lawful purposes only and in a manner consistent with all applicable local, national or international laws and regulations, including all privacy and personal information laws.

The Website and any Services shall not be used where, and to any extent, such use is prohibited by law.

 

Information Use

Caregiver Canada hereby grants you a limited, non-exclusive, personal, non-transferable, non-sub-licensable and revocable right and license to

  • access the Platform for the purpose of receiving the Services in accordance with these Terms of Use and
  • access, view and print any information and documentation made available on the Website, for your personal, non-commercial and informational use only to assist you in the access and use of the Website and the Services.

These Terms of Use do not grant you any other right or license, whether express or implied, by estoppel, or otherwise in or under any patent, trademark, copyright, or other intellectual property or proprietary right of Caregiver Canada or any third party.

Caregiver Canada may terminate this license at any time for any reason whatsoever.

Termination of Registration

Caregiver Canada reserves the right, in its sole discretion, to terminate your account or access to part or all of Caregiver Canada’s Website , App and/or Services in the event that Caregiver Canada determines you are not eligible to use the Services or have violated any of the provisions of the Terms of Use, or have misused the Website, App or Services in any way.

Limitation of Liability

You agree that your use of the Website and the Services is subject to the terms of our Rules and Regulations , which is hereby incorporated by reference into, and forms an integral part of, the Terms of Use

YOU ACKNOWLEDGE THAT ANY USE OF OR RELIANCE ON THIS WEBSITE OR THE SERVICES IS COMPLETELY AT YOUR OWN RISK.

UNDER NO CIRCUMSTANCES SHALL CAREGIVER CANADA BE LIABLE TO YOU OR TO ANY OTHER PARTY, FOR ANY LOSSES, COSTS OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF (OR THE INABILITY TO USE) THE PLATFORM, SERVICES, OR ANY CAREGIVER CANADA CONTENT OR THIRD PARTY CONTENT (REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, EQUITY, STRICT LIABILITY, BY STATUTE OR OTHERWISE AND REGARDLESS OF THE OCCURRENCE OF A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE).

Caregiver Canada's Services facilitate the matching of Service Seekers and Service Providers by providing search functions to allow Service Seekers to find the appropriate Service Provider based on their preferences, needs, and location.

Caregiver Canada is not a party to THE RELATIONSHIP BETWEEN SERVICE SEEKER AND SERVICE PROVIDER, and shall not, in any way, be liable to a Service Seeker or Service Provider or any other third party, arising, either directly or indirectly from such employment or independent contractor agreement between the parties.

 

Contact Us

If you have any questions about the Terms of Use, or need to provide notice to, or communicate with, Caregiver Canada under the Term of Use, please contact Caregiver Canada by clicking Contact Us , or by delivery in person, by courier or by the mail, to Company at:

4220 Steels Ave West unit C-12, Woodbridge, ON, postal code L4L 3S8

 

 

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