SENIOR CARE CONNECT INC.
Terms Of Service
1. ACCEPTANCE OF TERMS
The following Terms of Service (“TOS”) constitute a legally binding contract between SENIOR CARE CONNECT INC. (“SENIOR CARE CONNECT”, “we”, “us”, or “our”) and you with respect to your use of SENIOR CARE CONNECT’s websites including www.seniorcareconnect.ca and www.seniorcareconnect.co (the “Website”), SENIOR CARE CONNECT’s applications for mobile devices (the “App”), and the content, information and services provided through the Website or the App or other software provided by Senior CARE CONNECT (collectively, the “Services”). We may update the TOS from time to time without notice to you. In addition, when using SENIOR CARE CONNECT’s Services, you will be subject to any guidelines or rules applicable to such Services that SENIOR CARE CONNECT may post from time to time. All such guidelines or rules are deemed to be part of the TOS.
2. DESCRIPTION OF SERVICE
SENIOR CARE CONNECT provides the Services so that seniors and their family members can access a range of senior care services. Unless SENIOR CARE CONNECT states otherwise, any new features, programs and services that augment or enhance the Services will be subject to the TOS. You agree that the Services are provided “AS-IS” and that SENIOR CARE CONNECT assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any data, user communications or personalization settings or their quality or accuracy. YOU ACKNOWLEDGE THAT CAREGIVING SERVICES ARE PROVIDED BY THIRD PARTY SERVICE PROVIDERS WHO ARE NOT EMPLOYED BY SENIOR CARE CONNECT OR ANY OF ITS AFFILIATES.
You may not access the Services from territories where the Services or any content or functionality of the Services are prohibited.
SENIOR CARE CONNECT is not responsible for any of the senior care services that you purchase from the Services that are provided by third party service providers, which may include caregivers, careproviders, and agencies. SENIOR CARE CONNECT DOES NOT PROVIDE ANY MEDICAL ADVICE AND IS NOT A HEALTHCARE COMPANY. You agree that SENIOR CARE CONNECT may have a commercial relationship with caregivers or the providers of other third party services (such as police checks) that are made available through the Services. Service providers may be able to have their products or services listed more prominently or be featured in exchange for compensation to SENIOR CARE CONNECT. If you are unsure of the accuracy of any senior care advice, you should seek a second opinion. Although SENIOR CARE CONNECT endeavours to use reasonable efforts to ensure that service providers are pre-screened/qualified, you agree that SENIOR CARE CONNECT does NOT assume responsibility for any products, content, services, websites, advertisements, offers, or information that are provided by third parties and made available through the Services, including, for certainty, (i) the senior care services made available through the Services; and (ii) any products purchased from third party websites or other platforms that are access via links from the Services or for which you purchase goods using a discount code provided by SENIOR CARE CONNECT. If the caregiver is a company, you understand that SENIOR CARE CONNECT does not pre-screen/qualify each contractor or employee of such company and does not require police checks of each such contractor or employee. Not all caregivers will have insurance. You should speak directly with the caregiver to confirm their credentials, their capability to adequately perform the work, and if they are covered by any insurance.
3. YOUR REGISTRATION OBLIGATIONS; ACCURACY OF INFORMATION; PERMITTED USERS
We reserve the right to decline to provide Services to any person for any or no reason.
In consideration of your use of the Services, you agree to: (a) provide true, accurate, current and complete information about yourself (and if applicable, the person who is receiving caregiving) as prompted by the online registration form when you become a member or when you sign up for a subscription (the “Registration Data”) or with respect to any payment information requested; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, materially inaccurate or incomplete, or if you do not keep it current, or if SENIOR CARE CONNECT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SENIOR CARE CONNECT has the right to suspend or terminate your account and any subscription and refuse your access to or use of the Services.
The Services are not intended for individuals under the age of 18. You hereby affirm that you are over the age of 18. If you are under 18 years of age, then you may not use the Services. If you are using our Services on behalf of a business, that business accepts these TOS, and you represent and warrant that you are authorized to bind such business.
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Services and all charges related thereto. We are not liable for any damages to your equipment resulting from the use of the Services.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur when your password or account are used. You agree to (a) immediately notify SENIOR CARE CONNECT of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SENIOR CARE CONNECT will not be liable for any loss or damage arising from your failure to comply with the TOS.
6. INDEMNITY AND COVID-19
You agree to indemnify and hold SENIOR CARE CONNECT, and its subsidiaries, affiliates, officers, employees, agents, contractors and referees (including senior care service providers), and partners (collectively, the “Senior Care Connect Parties”) harmless from any claim, action, proceeding, or demand, including reasonable legal fees, made by any third party connected with your use of the Services, your negligence or wilful misconduct, your violation of the TOS, or your violation of any rights of another person.
If the person to whom caregiving services are being provided (or anyone who has recently interacted with them) has been diagnosed with COVID-19, speak with a licensed physician before attending any caregiving services. You must notify the caregiver of any recent COVID-19 diagnoses or any travel outside of Canada, and the caregiver may refuse to provide services if they feel their safety is at risk.
We cannot guarantee that the caregiver providing services will not pose COVID-19 risks to you, the person receiving caregiving services, and others who interact with them in-person. We are not liable for any injuries, illnesses, or deaths that result from COVID-19 that are contracted or transmitted from or in connection with any caregiving services.
If your jurisdiction has laws, rules, or regulations applicable to COVID-19 (including mask wearing, quarantining, restrictions on group sizes, and restrictions on certain services being provided), then you must comply with them during in-person caregiving services. We recommend that you and those receiving caregiving services (i) wear a mask; (ii) ensure adequate ventilation is in place; and (iii) regularly wash your hands, both during, after, and prior to any caregiving services.
7. PAYMENT AND BILLING
From time to time, information on the Services may contain typos, inaccuracies, or omissions with respect to pricing, service offerings, promotional offers, and other matters. We reserve the right, without prior notice, to correct any errors, inaccuracies or omissions, to change or update information, and to refuse or cancel orders if any information on the Services contains a typo, inaccuracy, or omission at any time (including after you have submitted your order and after your credit card or other payment method have been charged).
YOU AGREE THAT WE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY BILLING AGENT WE USE) MAY CHARGE YOUR PAYMENT METHOD FOR ALL AMOUNTS DUE TO US WITHOUT ADDITIONAL NOTICE OR CONSENT UNLESS REQUIRED OTHERWISE BY LAW.
We may limit the number of promotions for which you may be eligible in a given period. In addition, certain promotional offers and discounts may apply to first-time purchasers only.
If for any reason we do not receive payment from your credit card or other payment method issuer, then upon demand, you agree to pay the overdue amount by other means acceptable to us. We reserve the right to accept other forms of payment, and if we elect to invoice you for services, you agree to pay to us the amount indicated in each invoice by the due date reflected on the invoice.
Your failure to pay according to the terms of these TOS shall entitle us, without prejudice to our other rights and remedies, to (i) charge interest on a daily basis from the original due date at the rate of the lesser of 18% per annum or the maximum amount permissible by law and/or (ii) suspend or terminate your subscription (if applicable) and/or access to our products and services. You shall reimburse us for all reasonable costs incurred by us in collecting past due amounts, including wire transfer fees, collection agency fees, reasonable legal fees and court costs. We may charge a fee for reinstatement of suspended or terminated accounts.
If you believe that a billing discrepancy has occurred, you must notify us within 60 days after the date on which such discrepancy first appeared on your credit card or other payment method account statement or invoice, as the case may be, or such amounts will be deemed to have been accepted by you. You agree to release us from any liability for any error or discrepancy that is reported to us after such period.
All amounts paid by you are final and non-refundable, unless otherwise determined by SENIOR CARE CONNECT or unless otherwise set out in these TOU or in a refund policy that we may create from time to time and post on the Services. If you believe you are entitled or should be entitled to a refund, please contact us to discuss. Without limiting the foregoing, SENIOR CARE CONNECT is not liable for any refunds for payments that are made directly to a third party and do not go through the Services. If you use the Services to pay for caregiving services, then you may pre-pay for a certain amount of hours upfront. If you purchase caregiving services for a specific date and pre-pay through the Services, then if you don’t notify us within 3 days following such date, we will assume that the caregiving services have been adequately performed by the caregiver.
If you are connected with a third party through the Services (other than our payment processors; and including a third party service provider) and provide payment directly to them (i.e. not through the Services), you acknowledge and agree that SENIOR CARE CONNECT is not responsible for the creditworthiness of such service provider and is not liable if they fail to provide the services purchased or perform such services in an appropriate manner. SENIOR CARE CONNECT is not responsible for mediating disputes between you and a caregiver, whether or not such disputes are with respect to funds paid directly to the caregiver, the caregiving service provided, the failure to provide any requested caregiving services, or any other matters.
8. NO RESALE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, access to the Services or any proprietary information of SENIOR CARE CONNECT contained in the Services.
9. MODIFICATIONS TO SERVICES
SENIOR CARE CONNECT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that SENIOR CARE CONNECT will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or your access thereto.
You agree that SENIOR CARE CONNECT, in its sole discretion, may terminate your password, account or use of the Services, and remove and discard any content accessible via the Services (provided that it is in compliance with applicable laws), for any reason, including, without limitation, for lack of use or if SENIOR CARE CONNECT believes that you have violated or acted inconsistently with the letter or spirit of the TOS. SENIOR CARE CONNECT may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, without notice. Further, you agree that SENIOR CARE CONNECT will not be liable to you or any third-party for any termination of your access to the Services or expungement of your information.
11. SENIOR CARE CONNECT’S PROPRIETARY RIGHTS
You acknowledge and agree that the Services and any proprietary software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content accessible via the Services and information presented to you through the Services is protected by the law of copyright, trade-mark, service mark, patent or other proprietary rights laws. Except as expressly authorized by SENIOR CARE CONNECT or its information partners, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, in whole or in part.
SENIOR CARE CONNECT grants you a personal, non-transferable and non-exclusive right to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create any derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code for the Services, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services or the underlying software. You agree not to obtain or attempt to obtain unauthorized access to the Services or the underlying software. You agree not to access the Services by any means other than through the interface that is provided by SENIOR CARE CONNECT for use in accessing the Services.
If you post content or submit material using or through the Services, then unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, adapt, publish, perform, translate, produce, reproduce, modify, create derivative works from, distribute, communicate to the public, and display such content throughout the world in any media for all purposes, including in advertising and promotions. You grant us and our sublicencees the right to use the name that you submit in connection with such content, if us or our sublicencees choose. You represent and warrant that you own or otherwise control all the rights to the content that you post, that the content is accurate, and that use of the content you supply does not violate these TOS and will not cause injury to any person or entity. You represent and warrant that you will indemnify us for all claims resulting from content you supply. We have the right, but not the obligation, to monitor and edit or remove any activity or content, and we take no responsibility and assume no liability for any content posted by you or any third party.
If you provide SENIOR CARE CONNECT with any feedback on or comments regarding the Services, you grant us the right to use such feedback or comments for any purpose without restriction or payment to you.
12. Use of the App
If you download the App from a distribution platform or app store other than through the Website (each an “App Provider”), including through a platform operated by Google or Apple, then you acknowledge and agree that: (i) these TOS are between SENIOR CARE CONNECT and you, and not the App Provider; (ii) you must comply with the App Provider’s applicable terms and conditions; (iii) the App Provider is not responsible for any claims you have with respect to your use of the App, including any product liability claims, and the App Provider has no warranty obligation with respect to the App or obligation for any maintenance or support services with respect to the App; (iv) the App Provider is a third party beneficiary of these TOS and has the right to enforce these TOS against you as a third party beneficiary thereof; (v) you will comply with all third-party terms and conditions when using the App, including those of your data service provider.
You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List (or otherwise designated by the U.S. Government as a “terrorist supporting” country). By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
You acknowledge that in the event of any third party claim that the App, or your possession and use of the App, infringes that third party’s intellectual property rights, the App Provider shall not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SENIOR CARE CONNECT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. SENIOR CARE CONNECT MAKES NO WARRANTY THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING. SENIOR CARE CONNECT MAKES NO WARRANTY WITH RESPECT TO THE SERVICES PROVIDED BY ANY SENIOR CARE PROVIDERS OBTAINED THROUGH OR IN CONNECTION WITH THE SERVICES. SENIOR CARE CONNECT DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS, INCLUDING SENIOR CARE PROVIDERS WHO PROVIDE SERVICES THROUGH OR IN CONNECTION WITH THE SERVICES.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS OBTAINED BY YOU AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SENIOR CARE CONNECT OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY OR OBLIGATION NOT EXPRESSLY STATED IN THE TOS.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SENIOR CARE CONNECT PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ONE OR MORE OF THE SENIOR CARE CONNECT PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR ACCESS OR USE, OR YOUR INABILITY TO USE, THE SERVICES, INCLUDING ANY MEDICAL OR OTHER ADVICE PROVIDED BY A SERVICE PROVIDER (INCLUDING THOSE PROVIDING CAREGIVING SERVICES) THROUGH THE SERVICES OR IN CONNECTION WITH THE SERVICES OR ANY PRODUCTS PURCHASED, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICES OR IN CONNECTION WITH THE SERVICES; (ii) THE COST OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
IN NO EVENT SHALL THE SENIOR CARE CONNECT PARTIES’ AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES OR CLAIMS RELATING TO THE SERVICES (INCLUDING ANY SERVICES PROVIDED BY A CAREGIVER THROUGH THE SERVICES OR IN CONNECTION WITH THE SERVICES OR ANY PRODUCTS PURCHASED, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICES OR IN CONNECTION WITH THE SERVICES) EXCEED THE GREATER OF (I) $500; AND (II) THE AMOUNTS PAID BY YOU TO SENIOR CARE CONNECT IN THE 6 MONTHS PRIOR TO THE BRINGING OF ANY CLAIM.
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU ACKNOWLEDGE THAT THE SENIOR CARE CONNECT PARTIES ARE THIRD PARTY BENEFICIARIES OF THESE TOS AND HAVE THE RIGHT TO ENFORCE THESE TOS AGAINST YOU.
15. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL, OR OTHER TYPES OF DAMAGES. IN THOSE JURISDICTIONS, THE WARRANTIES AND CONDITIONS OF SENIOR CARE CONNECT WILL BE THE MINIMUM REQUIRED BY LAW AND THE LIMITATION OF LIABILITY WILL BE AS BROAD AS MAY BE CONSTRUED BY LAW.
Notices to you may be made via either e-mail or regular mail. The Services may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you via the Services.
17. TRADE-MARK INFORMATION
Without SENIOR CARE CONNECT’s prior permission, you agree not to display or use in any manner, any of SENIOR CARE CONNECT’s trade-marks, including “Senior Care Connect”.
18. GENERAL INFORMATION
The TOS governs your use of and access to the Services, superseding any prior agreements between you and SENIOR CARE CONNECT respecting your use of and access to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and SENIOR CARE CONNECT will be governed by the laws of the Province of Ontario and the applicable federal laws of Canada. You and SENIOR CARE CONNECT agree to submit to the exclusive jurisdiction of the courts located within the City of Toronto, Ontario. The failure of SENIOR CARE CONNECT to exercise or enforce any right or provision of the TOS will not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
19. Ratings and Reviews
The Services provide the opportunity for caregivers and customers to leave public reviews (“Reviews”) and submit ratings (“Ratings”). Reviews and Ratings reflect the views of the person submitting the Reviews/Rating, and do not reflect the opinion of SENIOR CARE CONNECT. SENIOR CARE CONNECT does not verify Ratings or Reviews, which means Ratings and Reviews may be inaccurate or misleading. If you post a Review or a Rating, then you agree that such Review or Rating shall not contain any offensive, libelous, or defamatory language, shall be accurate, and shall be compliant with other terms of these TOS. We reserve the right to remove any Reviews or Ratings that in our opinion, acting reasonably, do not comply with these TOS. You acknowledge and agree that your Ratings and Reviews are public and are viewable by other caregivers and customers using the Services, as well as members of the public.
You agree not to:
a) manipulate the Ratings or Reviews in any manner, including by asking a third party to write a Review or provide a Rating about a caregiver who did not provide services to them or a related party;
b) threaten to use Reviews or Ratings to force a caregiver to provide refunds, additional compensation, or a reciprocal positive Review or Rating;
c) require a caregiver to leave a positive Review or Rating in exchange for a reciprocal Review or Rating; or
d) ask a caregiver to take specific actions related to a Review or Rating in exchange for a resolution to a dispute between the parties.
The foregoing do not prohibit a customer from contacting a caregiver with a problem prior to leaving a Review or Rating.
20. ENGLISH LANGUAGE
The parties have required that this agreement and all documents and notices resulting from it be drawn up in English. Les parties aux présents ont exigés que la présente convention ainsi que tous les documents et avis qui s’y rattachent ou qui en découleront soit rédigés en la langue anglaise.