Terms of Service
These Terms of Service set out the terms and conditions under which individuals may use this website and access the services offered by CareGuide Inc. ("CareGuide"). These Terms of Service comprise a legal agreement between CareGuide and you, the person accessing and using this website ("You" or "User"). CareGuide owns, operates and maintains the CareGuide.com website at www.careguide.com ("Website") and other subsidiary websites, including PetSitter.com, that are accessible from this Website. By accessing the Website, you are deemed to have read Terms of Service and you agree to be bound by the Terms of Service which shall govern your access and use of the Website and all applicable laws and regulations.
IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF SERVICE YOU MAY NOT ACCESS OR USE THE WEBSITE AND MUST EXIT THE WEBSITE.
- Description of Services
- Eligibility Criteria
- that you are thirteen (13) years of age or older at the time of registering for an account on PetSitter.com. The Website is not intended to use by persons under the age of thirteen (13). Entrants under eighteen (18) years of age affirm that you fully able and competent to enter into the provisions set out under the Terms of Service and that you possess the permission of a parent or legal guardian who has read and agreed to these Terms of Service, and who is fully responsible for the conduct and activities of the minor, including any and all legal liability that he or she may incur.
- 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.
- User Accounts and Passwords
- User Account Fees, Term and Renewal
- Personal Information
- Content and Use of Services
CareGuide 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 PetSitter.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.
Once a match is made, CareGuide is not a party to the relationship between the Service Seeker and Service Provider. CareGuide is not a party to 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.
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 Website. You assume all risks associated with dealing with other persons whom you come in contact with through the Services of CareGuide's Website.
For certain Users who create a User Account, CareGuide's Services also include a platform that facilitates payment by the Service Seeker to the Service Provider (the "Payroll Service"). The specific terms and conditions applicable to the Payroll Services are set out below in section 12, as applicable.
Please refer to the Website regularly for further information about the Services provided.
To be eligible to use the Services offered by CareGuide, you represent and warrant as follows:
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 CareGuide with certain current, complete, and accurate registration information, including your name, e-mail address, age, address, postal code/ZIP code, and phone number, and other data or information that has been requested by CareGuide during the client account registration or renewal process ("Registration Data"). If you are enrolling in CareGuide's Payroll Services, additional information, including your bank account number and Social Insurance Number will be collected. The specific terms applicable to the Payroll Services are provided below in section 12 of these Terms of Service.
You agree that you will: (a) maintain and update such Registration Data as necessary in order to keep such information current, complete, and accurate; (b) 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 Website; and (c) be responsible for all activities that occur under such password or account. 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.
CareGuide 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.
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 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.
- 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 CareGuide are in accordance with any and all applicable laws and regulations.
CareGuide hereby grants you a limited, non-exclusive, personal, non-transferable, non-sub-licensable and revocable right and license to (a) access the Website for the purpose of receiving the Services in accordance with these Terms of Service and (b) 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 Service 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 CareGuide or any third party. CareGuide may terminate this license at any time for any reason whatsoever.
This Website and all intellectual property rights in the Website 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.
All brand elements, company name, website names, logos, registered and unregistered trade-marks displayed on the Website or used in connection with the Services are the trade-marks of CareGuide (or its suppliers, partner businesses or third party licensors). Any use or misuse of any trade-marks or brand elements of CareGuide or any other content appearing on the Website or in connection with the Services except as provided in these Terms of Service or with the express written consent of CareGuide is strictly prohibited. Nothing contained on this Website 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 CareGuide.
In addition to complying with these Terms of Service, you agree to use the Website 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.
CareGuide encourages all Users to report any misconduct, misuse or unlawful activities of other Users, including, but not limited to activities on the Website and in connection with the Services provided. Please contact CareGuide at email@example.com.
CareGuide reserves the right, in its sole discretion, to terminate your account or access to part or all of CareGuide’s Website and/or Services in the event that CareGuide determines you are not eligible to use the Services or have violated any of the provisions of the Terms of Service, or have misused the Website or Services in any way.
YOU 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 WEBSITE, 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 and needs.
Once a match is made between and Service Seeker an Service Provider, CareGuide is no longer a party to the relationship between the Service Seeker and Service Provider. CAREGUIDE IS NOT A PARTY TO 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 WEBSITE 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 WEBSITE OR THE USE OF, OR RELIANCE ON, ANY CAREGUIDE CONTENT OR OTHER INFORMATION OR DATA CONTAINED ON OR PROVIDED THROUGH THE WEBSITE 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.
You 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 Website.
CareGuide offers Users the option to enrol in the Payroll Service: a platform within CareGuide's Website that facilitates the payment from the Service Seeker to the Service Provider for the services provided. CareGuide's Payroll Services include payroll calculation, payment processing, regulatory remittances to Canada Revenue Agency, payroll statement production, and service support.
Before using the Payroll Services, you will be required to agree to an applicable notice that you have read and agree with the terms in this section 12 of the Terms of Service regarding CareGuide's Payroll Services and processing of your Personal Information, including Financial Information (defined below) collected, stored and used. Your agreement to the notice is required in order to use the Payroll Services and indicates your consent for CareGuide to process your Personal and Financial Information for the purposes identified.
If you elect to use and register for CareGuide's Payroll Services, the following terms and conditions apply to you, in addition to the Terms of Service stated herein.
- Financial Information
- Payroll Services
- Pay Dates
- Default Payroll – As per their service agreement, the Service Seeker will have a default salary amount or daily hourly worked total, default processing dates, and default deductions that will be processed at the Pay Cut-off Date. The Service Provider will be paid according to the default payroll instructions, unless the Service Seeker provides CareGuide updates, within 12 hours of the Pay Cut-off Date.
- Pay Cut-off Date – is defined as seven days (inclusive) prior to the Pay Date.
- Withdrawal Date – the date the funds are withdrawn from the Service Seeker's bank account. This date will vary between 4 to 6 days prior to the Pay Date.
- Pay Date – the date the funds are deposited into the Service Provider's bank account
- The Service Seeker agrees to provide a void cheque or relevant Financial Information for payment of their Service Provider.
- Service Provider Changes or Termination
- Vacation Pay
- Termination of Account
- CareGuide charges the Service Seeker for Payroll Services at a rate of $39.99 CAD per month ("Payroll Services Fee"), plus applicable tax, pro-rated per pay period. The Payroll Services Fee is a recurring charge that will be automatically charged. If the Service Seeker chooses to have WSIB/WCB premiums remitted on their behalf, an additional $10 CAD per month in addition to the $39.99 CAD per month, plus applicable tax will be added to the Payroll Services Fee. Refunds are not available for Payroll Services Fee.
- Insufficient Funds. Service Seeker is responsible for ensuring that they have sufficient funds in the bank account provided in this section of the Terms of Service. Not Sufficient Funds charges are $65.00 CAD per occurrence.
- Rate changes are subject to change with 60 days written notice to Service Seeker.
- The Service Seeker agrees that the monthly fees agreed to be paid to CareGuide shall form part of the payroll funds to be supplied to CareGuide for remittance to Canada Revenue Agency. CareGuide shall not deposit pay for the Service Provider until it has received cleared funds from the Service Seeker.
- The Service Seeker agrees that the annual payroll processing provided by CareGuide is limited to one Service Provider under the employment of the Service Seeker. There will be an additional setup charge of $10 CAD per additional Service Provider under the employment of the Service Seeker.
- Limitation of Liability for Payroll Services
As Users who elect to register for the Payroll Services, certain sensitive information, including your Social Insurance Number and certain financial information including bank account number(s) (collectively referred to as "Financial Information") are required to be collected when you sign up for a User Account. By registering for CareGuide's Payroll Services, you hereby represent and warrant that you are legally permitted to hold employment in Canada and you consent to the voluntary provision of this Financial Information as required for the processing of payment for employment.
You expressly authorize CareGuide and its third-party payroll service provider to access your bank account to process direct deposits of payments and to debit overpayments and correct any payment errors.
CareGuide's Payroll Services will calculate payroll deductions for each Service Provider of the Service Seeker while adhering to all current statutory deduction rates set by Canada Revenue Agency. CareGuide shall be responsible for withholding and remitting the Service Seeker's statutory remittances including income tax, employment insurances, government pension plans, and other government remittances relating to payroll.
The following dates and terms will apply to this section of the Terms of Service:
THE SERVICE SEEKER AGREES TO INFORM CAREGUIDE IMMEDIATELY IN WRITING OF ANY CHANGE IN THE EMPLOYMENT STATUS OF THEIR SERVICE PROVIDER, including employment hours, resignation, termination, leave of absence, or extended holidays. The Service Seeker is aware and agrees that failure to inform CareGuide of a Service Provider's end of employment may cause the Service Provider to be paid unnecessarily, or incorrectly, and the Service Seeker is responsible should this occur.
When you register for CareGuide's Payroll Services, you agree that any eligible vacation pay will be paid to the Service Provider when he/she takes vacation time (referred to as "Accrued Vacation Pay" ).
UNLESS YOU NOTIFY CAREGUIDE OF AN ALTERNATIVE METHOD FOR VACATION PAY, VACATION PAY WILL BE PAID TO THE SERVICE PROVIDER ON AN ACCRUED VACATION PAY BASIS.
Alternatively, if you agree with the Service Provider, in writing, that his/her eligible vacation pay will be paid at an appropriate rate on each pay cheque for each pay period, and no Accrued Vacation Pay will be paid, you must provide advanced notice to CareGuide to implement this method of vacation pay.
The amount of vacation pay will be indicated on the pay cheque to the Service Provider, and pay report to you, separate from any other amounts paid to the Service Provider. You may also request that CareGuide provide a separate pay report for the vacation pay being paid.
Either party may terminate, withdraw, or discontinue all or part of the Payroll Services by notifying the other party in writing with a minimum of 30 days' notice.
Aside from facilitating payment of employment by the Service Seeker to the Service Provider through the Payroll Services, CareGuide is not otherwise a party to the employment relationship between the 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.
- Governing Law
- Modifications of Terms of Service
- Links to External Websites
- Websites and Services Provided "As Is"
The Website is administered by CareGuide from a site that is located in Ontario, Canada. You acknowledge and agree that your use of the Website and all of the communications, transmissions and transactions associated with the Website and the provision of the Services shall be deemed to have occurred in the Province of Ontario, Canada. You agree that these Terms of Service shall be exclusively governed by, construed and interpreted in accordance with the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein. In the event of a dispute under these Terms of Service, such dispute shall be resolved in the Courts of the Province of Ontario.
It is the express will of CareGuide that these Terms of Service and all related documents on the Website are in English.
These Terms of Service are not assignable, transferable, or to be sub-licensed by you except with CareGuide's prior written consent. CareGuide may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
The content and material appearing on the Website could include technical, typographical or photographic errors. CareGuide does not warrant that any of the materials provided are accurate or current.
YOU UNDERSTAND AND AGREE THAT THE WEBSITE, THE SERVICES, ANY CONTENT AND OTHER INFORMATION, DATA AND MATERIALS AVAILABLE ON THE WEBSITE OR PROVIDED AS PART OF THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
If you have any questions about the Terms of Service, or need to provide notice to, or communicate with, CareGuide under the Term of Service, please contact CareGuide by clicking Contact Us , or by delivery in person, by courier or by the mail, to Company at:119 Spadina Ave, Unit 1100