TERMS OF SERVICE
The following are the terms and conditions for using the services offered by CareProfessional.ca, including without limitation, email and website services and other services which may be offered from time to time by CareProfessional.ca (each feature individually and collectively referred to as "The Service").
1. DESCRIPTION OF SERVICES
CareProfessional.ca offers a family of online services to match individuals and families with various service providers, including, but not limited to, child care, home care, babysitting, house sitting, housekeeping, tutors, and pet care (collectively referred to as ("Services"). CareProfessional's Services on Careprofessional.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").
CareProfessional.ca 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. CareProfessional.ca 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 email or phone number. CareProfessional.ca 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.
CareProfessional.ca is not a party to the relationship between the Service Seeker and Service Provider. CareProfessional.ca 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.
CareProfessional.ca 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 CareProfessional.ca Platform.
CareProfessional.ca does not interview, screen, or perform background checks on either job seekers or employers that appear on the site. CareProfessional.ca therefore has no control over the safety, accuracy or quality of the jobs or resumes posted, or, knowledge of either the capability of prospective employers to offer job opportunities to candidates or the ability of the Job Seekers to fill job openings. CareProfessional.ca cannot guarantee or provide assurance that Job Seekers employment will successfully find employment; or that Employers who are seeking to hire jobseekers will do so.
Please refer to the Website regularly for further information about the Services provided.
2. APPLICATION USE
CareProfessional.ca grants you the right to use the App for your personal use.
You must comply with all applicable laws and third party terms of agreement when using the App (e.g. your wireless data service agreement). Your use of the App is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the App.
You acknowledge and agree that the App may not contain the same functionality available on the Website. We cannot guarantee the continuous, uninterrupted or errorfree operation of the App or that the App will perform at a certain speed, as this depends on a number of factors beyond our control. You agree that downloading, accessing and use of the App is made available to you on an "as is" and "as available" basis for use at your sole risk. ? MESSAGE STORAGE, OUTBOUND MESSAGES AND OTHER LIMITATIONS
You agree that CareProfessional.ca is not responsible or liable for the deletion of or the failure to store messages or other information.
3. ELIGIBILITY CRITERIA
To be eligible to use the Services offered by CareProfessional.ca, 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.
4. Temporary Foreign workers from overseas must receive appropriate working papers (e.g. visas, work permit before starting work at the employer’s home).
5. Employers are responsible to make sure all employees have their right work permit before starting work.
4. USER ACCOUNTS, PASSWORDS AND SECURITY
To access and use certain features of the Website, you will need to create a profile through the Website ("User Account"). You will then choose a password and an account name.
As part of the process to create, register and maintain your User Account you must provide CareProfessional.ca 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 CareProfessional.ca during the client account registration or renewal process ("Registration Data"). If you are enrolling in CareProfessional.ca Payroll Services, additional information, including your bank account number and Social Insurance Number will be collected.
You alone are responsible for the security of your password, which should be kept confidential at all times. You agree to notify CareProfessional.ca upon your learning of any unauthorized use of your account or any other breach of security. We accept no liability for any unauthorized or improper use of disclosure of any password and take no responsibility for the activities on your account.
You agree that you will:
1. maintain and update such Registration Data as necessary in order to keep such information current, complete, and accurate;
2. 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
3. be responsible for all activities that occur under such password or account.
Further, you agree to immediately notify CareProfessional.ca 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.
5. USER ACCOUNT FEES, TERM AND RENEWAL
CareProfessional.ca charges a fee of for its Services. The first fee payment is made when a User signs up for CareProfessional.ca Services. User agrees that the fee shall be automatically renewed based on the term chosen by the User (e.g., daily, weekly, monthly, annually), unless the Services are thereby terminated by either Party.
You agree that any fees associated with the use of CareProfessional.ca Services are considered final payments and are non-refundable.
6. PERSONAL INFORMATION
7. 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 or App by You is accurate, current and complete. In addition, you represent and warrant as follows:
1. You will use the Services provided by Careprofessional.ca 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.
2. You have the right and authority to post all information you post about yourself or others.
3. You agree to use the Service only to send and receive personal messages. Any unauthorized commercial use of the Service, or the resale of its services, is expressly prohibited.
4. The use of the Service by nanny agencies to recruit individuals for hire for the agencies' own clientele is not allowed
5. You will not provide inaccurate, misleading, defamatory or false information to CareProfessional.ca or to any other User of the Website or App.
6. 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.
7. Your use of the Website, App and Services provided by CareProfessional.ca are in accordance with any and all applicable laws and regulations.
8. USE LICENSE
CareProfessional.ca hereby grants you a limited, non-exclusive, personal, nontransferable, non-sub-licensable and revocable right and license to
CareProfessional.ca may terminate this license at any time for any reason whatsoever.
9. INTELLECTUAL PROPERTY
The Platform and all intellectual property rights in the Platform are owned by CareProfessional.ca.
CareProfessional.ca reserves all intellectual property rights, including but not limited to, copyright, trade-marks, domain names, design rights, brand elements, database rights, patents, and all other intellectual property rights of any kind, whether registered or unregistered.
All brand elements, company name, website names, logos, registered and unregistered trade-marks displayed on the Platform or used in connection with the Services are the trade-marks of CareProfessional.ca (or its suppliers, partner businesses or third party licensors).
Nothing contained on the Platform shall be construed as an express or implied grant of any license or right to use any trade-mark or brand element without prior written consent of CareProfessional.ca.
11. USE RESTRICTIONS
The Website and any Services shall not be used where, and to any extent, such use is prohibited by law.
CareProfessional.ca encourages all Users to report any misconduct, misuse or unlawful activities of other Users, including, but not limited to activities on the Platform and in connection with the Services provided.
Please contact CareProfessional.ca at firstname.lastname@example.org
12. TERMINATION OF REGISTRATION
13. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT ANY USE OF OR RELIANCE ON THIS WEBSITE OR THE SERVICES IS COMPLETELY AT YOUR OWN RISK.
UNDER NO CIRCUMSTANCES SHALL CAREPROFESSIONAL.CA 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
CAREPROFESSIONAL.CA 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).
CareProfessional.ca 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.
CareProfessional.ca 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.
IN NO EVENT WHATSOEVER SHALL ANY OF CAREPROFESSIONAL.CA, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND THIRD-PARTY CONTRACTORS, SUPPLIERS AND LICENSORS (COLLECTIVELY THE "COMPANY PARTIES") BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF PLATFORM OR THE PROVISION OF THE SERVICES (INCLUDING IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM THE PLATFORM OR THE USE OF, OR RELIANCE ON, ANY CAREPROFESSIONAL.CA CONTENT OR OTHER INFORMATION OR DATA CONTAINED ON OR PROVIDED THROUGH THE PLATFORM, OR SERVICES, OR LOSS OF OR DAMAGE TO FILES OR DATA OR ANY COSTS OF RECOVERING OR REPRODUCING ANY FILES OR DATA OR LOSS OF USE OR LACK OF AVAILABILITY OF SERVICES OR ANY BUSINESS INTERRUPTION OR LOSS OF REVENUE OR PROFIT OR ANY OTHER ECONOMIC LOSS WHATSOEVER) HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION AND WHETHER OR NOT FORESEEABLE, EVEN IF THE CAREPROFESSIONAL.CA PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.
You agree to indemnify and hold CareProfessional.ca, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of the Users use of or conduct respecting the Services, and Platform.
15. NO SPAM; DAMAGES
CareProfessional.ca will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited
bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay CareProfessional.ca liquidated damages of $7 (US) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay CareProfessional.ca ’s actual damages, to the extent such actual damages can be reasonably calculated.
16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Any dealings you might have with advertisers on the Service or with promotions offered to you, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. CareProfessional.ca shall not be responsible or liable for any part of any such dealings or promotions.
a. Governing Law
You agree that no joint venture, partnership, employment, or agency relationship exists between you and CareProfessional.ca as a result of this agreement or use of the Service. CareProfessonal.ca ’s performing of all Services is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CareProfessional.ca ’s right and/or obligation to comply with governmental, judicial and law enforcement requests or requirements relating to your use of the Service or to the information provided to or gathered by CareProfessional.ca with respect to your use of the Service.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CareProfessional.ca with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CareProfessional.ca with respect to the Service.
The content and material appearing on the Platform could include technical, typographical or photographic errors. CareProfessional.ca does not warrant that any of the materials provided are accurate or current. h. LINKS TO EXTERNAL WEBSITES
Your access and viewing of any third party websites or resources is conducted at your own risk. i. Website, App and Services Provided "As Is"
YOU UNDERSTAND AND AGREE THAT THE PLATFORM, THE SERVICES, ANY CONTENT AND OTHER INFORMATION, DATA AND MATERIALS AVAILABLE ON THE WEBSITE, APP OR PROVIDED AS PART OF THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
This agreement shall be effective to bind you, your assigns, agents, representatives, successors, employees and any and all other persons acting on your behalf. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
19. Contact Us