Terms of Service
Last Update: February 27, 2017
Description of ServicesCareGuide 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"). CareGuide's Services on ElderCare.com 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").CareGuide'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. CareGuide'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. CareGuide 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.CareGuide is not a party to the relationship between the Service Seeker and Service Provider. CareGuide 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.CareGuide 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 CareGuide's Platform.Please refer to the Website regularly for further information about the Services provided.
Application UseCareGuide 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 error-free 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.
Eligibility CriteriaTo be eligible to use the Services offered by CareGuide, you represent and warrant as follows:
- that you are eighteen (18) years of age or older on the date of creation of your User Account;
- if you are registering as Service Provider, that you are legally permitted to work in the jurisdiction where you are seeking employment; and
- 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.
Further, you agree to immediately notify CareGuide 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.
- 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.
User Account Fees, Term and RenewalCareGuide charges a fee of for its Services. The first fee payment is made when a User signs up for CareGuide's Services. User agrees that the fee shall be automatically renewed based on the term chosen by the User (e.g., monthly, quarterly, annually), unless the Services are thereby terminated by either Party.You agree that any fees associated with the use of CareGuide's Services are considered final payments and are non-refundable.
Content and Use of ServicesAs 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:
- You will use the Services provided by CareGuide 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 CareGuide or to any other User of the Website or App.
- 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, App and Services provided by CareGuide are in accordance with any and all applicable laws and regulations.
Use LicenseCareGuide hereby grants you a limited, non-exclusive, personal, non-transferable, non-sub-licensable and revocable right and license to
- access, view and print any information and documentation made available on the Website or App, for your personal, non-commercial and informational use only to assist you in the access and use of the Website or App and the Services.
Intellectual PropertyThe Platform and all intellectual property rights in the Platform are owned by CareGuide.CareGuide 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.
Limitation of LiabilityYOU ACKNOWLEDGE THAT ANY USE OF OR RELIANCE ON THIS WEBSITE OR THE SERVICES IS COMPLETELY AT YOUR OWN RISK.UNDER NO CIRCUMSTANCES SHALL CAREGUIDE 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 CAREGUIDE 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).CareGuide'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.CareGuide 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 CAREGUIDE, 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 CAREGUIDE 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 CAREGUIDE PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.
IndemnificationYou agree to indemnify and hold CareGuide, 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.
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.
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