Last Revised: December 3, 2018
Version: 1.0

 

TERMS OF USE

 

These Terms & Conditions (these “Terms”) are a binding agreement between you and CareFind Ltd. (referred to as “we” or “us” in these Terms). By using our website(s), app and services, including https://www.carefind.ca/ (collectively, the “Service”), you agree to comply with and be bound by these Terms. If you have any questions about our Terms, please contact us.

 

SERVICES

 

Our Service connects registered users seeking childcare services (“Customers”) with certain third parties who provide childcare services (“Child Care Providers”) (Customers and Child Care Providers together are “Members”), and allows Customers to find and book openings for full, part time and drop in care for their children. Child Care Providers publish their childcare services on our Service (“Listings”), and our Service allows Customers and Child Care Providers to connect to book childcare services (each a “Booking”). We provide the Service only. We have no control over any childcare services. Child Care Providers are solely responsible for their Listings and the childcare services that they provide. We are always trying to improve, so we may change any aspect of the Services at any time, including adding or removing functionality.

While we may (in our discretion) help to facilitate the resolution of disputes between Members, we have no control over and do not guarantee:

  • anything about Listings or childcare services, including quality, safety, suitability, certifications or legality;
  • what is in any Listing description or communications from any Member, including that the Listings or content are true or correct; or
  • anything about how others conduct themselves, including Members.

We do not endorse any Member, Listing or childcare service. You should ensure that you always exercise due diligence and care when deciding whether to engage with any Child Care Provider or use any childcare services, accept a Booking request from a Customer, or communicate or interact with other Members.

You understand that certain occurrences such as unexpected system maintenances and server failures may temporarily interrupt access to the Service. In such cases, you understand that the causes may be beyond our control. We cannot and do not guarantee that the Service will always be available. You also understand that the Services may depend on electronic messaging, such as email or text messaging, and no method of delivery over an electronic communication channel is 100% reliable. We cannot and do not guarantee that every electronic message will be received by the intended recipient.

If you are having any issues with the Service, please contact info@carefind.ca.

 

ELIGIBILITY FOR MEMBERSHIP

 

In order to register as a Member, you must:

  • be at least 18 years old;
  • be in compliance with these Terms;
  • successfully complete the verification process set out in Section 4; and
  • in the case of a Child Care Provider, be properly accredited and licenced by all relevant authorities.

 

VERIFICATION

 

You may register as a Member only if you meet our requirements, such as completing a verification process or meeting specific quality or eligibility criteria (as determined by us in our sole discretion from time to time). This might include, in the case of a Child Care Provider, providing satisfactory evidence of appropriate registration and insurance and criminal record checks.

 

FEES, BOOKING MODIFICATIONS AND CANCELLATIONS

 

By registering as a Child Care Provider, you agree to pay on a monthly basis a total non-refundable amount equal to the monthly rate in effect from time to time (the “Monthly Charge”). You commit to paying the Monthly Charge on and from the date on which you are a registered Child Care Provider for as long as you remain so registered, including in accordance with any terms set out in the Service. We may change our fees, including our fee structure or the basis on which we charge fees, at any time by posting a new pricing structure to our website and/or sending you a notification by email.

Customers can cancel or modify a confirmed Booking in accordance with the Listing’s cancellation policy or as otherwise agreed between the Customer and the applicable Child Care Provider on such terms that they agree.

 

YOUR ACCOUNT

 

If you are registering an account for a company or other legal entity, you confirm that you have the authority to legally bind that entity and grant us all permissions and licences provided in these Terms. You must provide accurate, current and complete information during the registration process and keep your account information up-to-date at all times.

You are responsible for keeping your account details confidential (including your password and login). You are responsible for your account whether you authorized any particular use. You must immediately notify us of any unauthorized use of your accounts. We are not responsible for any losses due to any such unauthorized use. We do not have access to your current password and, for security reasons, we may only reset your password.

 

LICENCE GRANT BY CAREFIND

 

We grant to all users of the Service a non-exclusive, personal, non-transferable, revocable, limited licence to access and use the Service only in accordance with these Terms and for personal and non-commercial purposes only. Users’ binding obligations under these Terms are in consideration of our grant of licence to use the Service.

The Service includes all notes, documents, updates, text, images, html, data, databases, email messages, advertisements and other content, resources, materials, know-how and services or resources produced, published, displayed, distributed or provided by us in, on or through the Service (excluding User Content, as defined below) and all software and other technology hosted or used by us to provide the Service (collectively, the “CareFind Materials”).

 

USER CONTENT

 

We may enable you to upload, post and transmit content to the Service (“User Content”). You retain all intellectual property rights in your User Content.

By uploading or posting any User Content to the Service, you grant us a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable and royalty-free right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties the User Content without limitation.

You waive any moral rights or other rights of authorship as a condition of submitting any User Content. You represent and warrant that:

  • you own or otherwise control all of the rights to the User Content that you post or transmit, or you otherwise have the right to post, use, display, distribute and reproduce such User Content and to grant the rights granted in these Terms;
  • the User Content you supply is accurate and not misleading and complies with all applicable laws; and
  • the use and posting of the User Content you supply does not violate any applicable law, these Terms, and will not violate any rights of or cause injury to any person or entity.

You are solely responsible for all of the User Content that you make available on or through the Service.

 

TERMS SPECIFIC TO CUSTOMERS

 

Upon receipt of a Booking confirmation from us, a legally binding agreement is formed between you and the applicable Child Care Provider, and is subject to any additional terms and conditions of the Child Care Provider that apply, including the cancellation policy and any rules and restrictions specified in the applicable Listing.

 

TERMS SPECIFIC TO CHILD CARE PROVIDERS

 

When creating a Listing through the Service, you must:

  • provide complete and accurate information about the service that you provide;
  • disclose any restrictions or requirements that apply (for example, minimum age accepted); and
  • provide any other information that we request.

Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the cancellation policy for your Listing.

 

PROHIBITED USE

 

Without limitation to any other restriction, obligation or condition in these Terms, you must not, intentionally or unintentionally do or attempt to do any of the following:

  • do or omit to do any act in connection with the Service that is contrary to the spirit in which the Service is intended;
  • print, reproduce, download, store, modify, disclose, distribute, transmit or publish any CareFind Materials or User Content, in whole or part, except as expressly permitted in writing by these Terms or otherwise authorized by us;
  • remove, alter or obscure any citation or attribution of the author or source, or any notice of copyright, trademark or other proprietary rights on any CareFind Materials or User Content (except when quoted or incorporated in material in the manner expressly permitted by these Terms);
  • interfere with any other user’s access, use or enjoyment of the Service;
  • use the Service, CareFind Materials, or User Content in a manner contrary to or in violation of any applicable law, regulation or rule of any jurisdiction, governmental agency or securities exchange;
  • use the Service to store, distribute or transmit any material without authority or right to do so or in violation of any contractual or other duty, or that is otherwise unlawful, harmful, threatening, defamatory, obscene, harassing, disparaging of any person or group, including on the basis of race, ethnicity, religion, age, gender or sexual orientation;
  • reverse compile, disassemble, reverse engineer or otherwise seek to discover the source code form of any CareFind software or other technology, except as may be allowed by applicable law which is incapable of exclusion by agreement;
  • introduce any virus, denial of service attack or other potentially harmful or malicious software code or device into the Service, or use the Service in any manner that might destroy, damage or degrade the performance of any data communications facility, network, server, system, component, software or data used to deliver the Service;
  • use the Service, or email addresses or other contact information gathered through use of the Service, in any way to distribute any advertising, solicitations or other commercial messages;
  • breach or attempt to breach any applicable laws in connection with your use of the Service;
  • use any network software, device or manual process to monitor, download or copy the Service, CareFind Materials, or User Content to extract information concerning usage or individual users or to collect email addresses for any purpose; or
  • transfer, either permanently or temporarily, any rights or obligations under these Terms.

While we have no obligation to monitor your or anyone else’s use of the Service, we reserve the right to do so in order to, without limitation, monitor compliance with these Terms.

If you have reason to believe any person is violating any of these Terms or has used the Service to publish or share material that violates any intellectual property, privacy or confidentiality rights, please notify us immediately. If you received spam that you have reason to believe came from a CareFind user, please report it to us. You must comply with all reasonable directions from CareFind at all times.

 

LIABILITY

 

CAREFIND PROVIDES THE SERVICE SOLELY ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE MAKE NO EXPRESS WARRANTIES, CONDITIONS OR REPRESENTATIONS OF ANY KIND UNDER THESE TERMS TO ANY USER AND WE HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF QUALITY, ACCURACY, COMPLETENESS, TIMELINESS, PERFORMANCE, MERCHANTABILITY, NON-INFRINGEMENT, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ABSENCE OF ANY SOFTWARE VIRUS OR OTHER HARMFUL COMPONENT, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICE AND CAREFIND MATERIALS. IF WE CHOOSE TO VERIFY THE IDENTITY OR BACKGROUND OF ANY MEMBER (INCLUDING CARE PROVIDERS AND THEIR EMPLOYEES), TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT OR GUARANTEE THAT SUCH MEMBER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.

USERS ASSUME THE ENTIRE RISK AS TO THE USE, RESULTS AND PERFORMANCE OF THE SERVICE AND ANY CHILDCARE SERVICES. IN NO EVENT WILL CAREFIND, ITS AFFILIATES OR LICENSORS HAVE ANY LIABILITY TO USERS UNDER THESE TERMS OF USE OR ON THE BASIS OF TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES IN ANY AMOUNT RESULTING FROM (I) THE PROVISION, USE OR RESULTS OF THE SERVICE, ANY DELAYS, ERRORS OR OMISSIONS THEREIN OR ANY DEFECT OR LACK THEREIN OF QUALITY, ACCURACY, COMPLETENESS, TIMELINESS, AVAILABILITY OR PERFORMANCE; (II) ANY LOSS OR DESTRUCTION OF USERS’ DATA OR INFORMATION, OR THE COST OF RECOVERING SUCH DATA OR INFORMATION; (III) THE COST OF SUBSTITUTE OR REPLACEMENT SERVICES; (IV) LOST BUSINESS OPPORTUNITY, REVENUE OR PROFITS; (V) LIABILITY TO THIRD PARTIES; OR (VI) ANY OTHER CAUSE WHATSOEVER, EVEN IF WE OR OUR AFFILIATES OR LICENSORS WERE ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OR ANY STATUTE OR RULE OF LAW TO THE CONTRARY, OUR CUMULATIVE LIABILITY FOR ALL CLAIMS FROM A USER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND THE SERVICE AND CAREFIND MATERIALS, WHETHER DIRECTLY OR INDIRECTLY, INCLUDING WITHOUT LIMITATION, FROM OR IN CONNECTION WITH THE LICENCE, USE OR IMPROPER FUNCTIONING OF THE SERVICE AND THE CAREFIND MATERIALS, SHALL NOT EXCEED THE TOTAL FEES PAID BY SUCH USER, IF ANY, TO CAREFIND FOR ACCESS TO OR USE OF THE SERVICE.

IF A USER OBJECTS TO THESE TERMS OF USE, AS AMENDED BY CAREFIND FROM TIME TO TIME, THE USER’S ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE USE OF THE SERVICE.

 

INDEMNIFICATION

 

You agree to release, defend (at our option), indemnify, and hold CareFind and its affiliates harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your breach of these Terms; (b) your improper use of the Service; (c) your interaction with any Member, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction; and (d) your breach of any laws, regulations or third party rights.

 

TAX

 

You are solely responsible for determining your obligations to report, collect, remit or include in your Listing any applicable value-added tax or other indirect sales taxes or other taxes or income taxes.

 

CHANGES, SUSPENSION AND TERMINATION

 

We may change any of these Terms by posting revised Terms & Conditions on our website or by sending an email to the last email address you gave us. The new Terms will be effective immediately and apply to any continued or new use of the Services. If you disagree with any changes to these Terms, you may contact us and we will work with you to resolve the disagreement. If we are unable to resolve the disagreement within 30 days, either of us may terminate your account.

We may suspend your access to the Services at any time, with cause, if we believe you have breached or will breach these Terms. We may also terminate or suspend your account and your access to the Services for any other reason in our absolute discretion and any refund (if any) of paid but unused fees will be refunded at CareFind’s sole discretion.

GENERAL

 

 

  • The Service is available only to persons or organizations that can form legally binding contracts under applicable law. You agree to provide true, accurate, current and complete information about yourself and your organization, as applicable, as requested in the registration form and elsewhere on our website, and agree to update such information if it changes.
  • You may not assign any of your rights under these Terms to anyone else. We may assign our rights under these Terms, or all of these Terms, to any other individual or entity at our discretion without notice to you.
  • The laws of the Province of Alberta and of the laws of Canada applicable in Alberta will apply to any dispute related to these Terms or the Service. You will bring any dispute with us regarding these Terms of the Service in a court in Calgary, Alberta, Canada.
  • If we do not immediately take action on a violation of these Terms, we reserve our rights under these Terms and may still take action at some point.
  • You are required to provide all documents and take any actions necessary to meet your obligations under these Terms.
  • The Terms (including other terms, conditions and policies incorporated by reference), and any additional terms you have agreed to make up the entire agreement and supersede all prior agreements, representations and understandings between us.