Terms of Service
Article 1 Definitions
In these Terms of Service, the following terms are used with an initial capital letter, both in the singular and in the plural. These terms have the following meaning:
1.1 CareServie.ca: Operating under the trade name HD Home Care, with its registered address at 902-938 Howe Street, Vancouver, BC, V6Z 1N9, Canada.
1.2 Content: All information made accessible by Users via the Platform, including but not limited to, user Profiles.
1.3 Databank: The collection of data by CareServie.ca which includes Profiles and other Content.
1.4 Service: The service provided by CareServie.ca to the User, as detailed in Article 3.
1.5 User: Any individual who has created a Profile and utilizes the Service. This includes caregivers (Employees), clients (Employers), their family members, parents, and childminders/babysitters or nannies etc who are receiving or providing services.
1.6 Terms of Service: These terms of service.
1.7 Login Details: The username and password of the User, which grant access to the Profile and enable the use of the Service.
1.8 Intellectual Property Rights: All rights to intellectual property and associated rights, including but not limited to copyright, trademark rights, database rights, trade name rights, and associated rights, as well as rights to know-how and performances comparable to such rights (similar performances, performances comparable to a patented invention).
1.9 Party: A party (the User and/or CareServie.ca to these Terms of Service.
1.10 Privacy Statement: The CareServie.ca privacy statement, available on the Platform.
1.11 Profile: A description created and posted by the User on the Platform, which includes information such as forename, gender, date of birth, location, and optionally a photo.
1.12 Platform: Any online interface provided by CareServie.ca where Users can access and use the services offered. This includes the CareServie.ca website, any associated subdomains, and mobile applications for iOS and Android devices offered by CareServie.ca).
Article 2: General
CareServie.ca reserves the right to modify and/or supplement these Terms of Service at any time. The most current version of the Terms of Service will be available on the Platform or will be brought to your attention while using the Service. By continuing to use the Service after any modifications or additions to these Terms of Service, you irrevocably accept the revised and/or extended Terms of Service. If you do not accept the revised and/or extended Terms of Service, your sole recourse is to discontinue use of the Service and delete your Profile.
Article 3: The Service
3.1 The Service allows you to create a Profile, which can be viewed by other Users and visitors to the Platform. The purpose of the Service is to connect private individuals seeking temporary care with other private individuals or professional caregivers willing to offer such services. Users can form opinions about the characteristics and qualities of other Users based on their Profiles.
3.2 The Service includes providing access to the Database of all registered Users, including caregivers (Employees), clients (Employers), and individuals offering specific services without registration. These individuals may be approached via the Platform for the purpose of organizing care services. Additional conditions for using the Service may be imposed on the Platform, including the manner in which Profiles may be created and posted.
Article 4: Access to the Service and Availability
4.1 To use the Service, you must create a Profile as described on the Platform. Creating a Profile using another person’s name is expressly prohibited. During registration, you must provide accurate and truthful Login Details, which will grant you access to your Profile.
4.2 You are personally responsible for keeping your Login Details confidential. Sharing your Login Details with third parties is not permitted. You are responsible for all activities conducted through your Login Details. CareServie.ca will assume that you are the person using your Login Details. If you know or suspect that your Login Details have been compromised, you must inform CareServie.ca immediately and take appropriate measures, such as changing your Login Details. CareServie.ca is not liable for any loss or damage resulting from unauthorized access to or use of the Platform and/or Service by third parties.
4.3 CareServie.ca reserves the right, at any time and without notice, to (i) make procedural or technical changes and/or improvements to the Platform and/or Service, and (ii) remove, block, or restrict access to the Service or your Profile (temporarily or permanently) without any liability to you.
4.4 CareServie.ca is not liable for any loss or damage resulting from the (temporary) unavailability or inaccessibility of the Platform and/or Service.
4.5 CareServie.ca makes no guarantees, commitments, or warranties regarding the quality, security, legitimacy, integrity, or accuracy of the Platform and the Service, unless otherwise stated in these Terms of Service.
4.6 You are personally responsible for procuring and ensuring the proper functioning of the infrastructure and reliable telecommunications facilities (including Internet connection) necessary to use the Service.
Article 5: Usage of Service
5.1 CareServie.ca has no knowledge of and/or involvement with the Content, although CareServie.ca strives to provide accurate information. CareServie.ca is not a mediation service. The purpose of the Service is solely to connect demand and supply in the field of care services. CareServie.ca does not monitor the quality or characteristics of Users and, therefore, accepts no responsibility for the quality or characteristics of Users. CareServie.ca is not liable for any loss or damage caused by placed advertisements or selected candidates.
5.2 You are required to make your own selection, engage in discussions with candidates, and make (financial) agreements based on your own wishes and criteria. The selection of and the decision to entrust the care of yourself, relatives, and/or family members to a User lies entirely with you. CareServie.ca has no involvement with any contact made between Users as a result of using the Service or with any arrangements and/or agreements that result from this contact. If you are dissatisfied or have a complaint about a User, you can report this via email to cs@careservie.ca.
5.3 You are wholly responsible for all actions you carry out using the Platform and/or Service.
5.4 The Service and its associated Database are designed exclusively for individual Users seeking care services and for individuals providing care services on a personal basis. It is strictly forbidden to use the Service or its Database to recruit personnel for companies, businesses, or other entities. Engaging in such activities is considered a violation of these Terms of Service. If you use, or attempt to use, the Service for commercial recruitment purposes, CareServie.ca reserves the right to:
5.4.1 Retain any subscription charges paid by you.
5.4.2 Apply additional penalties, including but not limited to, banning you from the Service.
5.4.3 Take legal action to recover damages and enforce these Terms.
5.5 Users and Visitors are not permitted:
5.5.1 To use any tools other than those approved by CareServie.ca to search the Platform or Database, to use data mining, robots, or other means of collecting data, or to use any software and/or hardware tools and/or solutions (whether self-managed or provided by others) to gain access to information available via the Databank, or to spider, scrape, search, or otherwise improperly use and/or view the Database.
5.5.2 To collect details of other Users via the Service for purposes other than those specified in these Terms of Service without the explicit prior written permission of CareServie.ca).
5.5.3 To duplicate, make public, resell, use for commercial purposes, or otherwise make available to third parties any Content obtained via the Service.
5.5.4 To engage third parties to carry out any of the actions named in this article.
5.5.5 To make unnecessary or excessive use of CareServie.ca’s messaging system. Excessive use includes sending an abnormally high volume of messages and/or invites that spam other Users. For this reason, our Fair Use Policy limits the number of messages and invites that can be sent to new contacts.
5.5.6 To create a profile using the name, details, or credentials of another person. You must only create and manage a profile for yourself and ensure that all information provided is accurate and pertains solely to you.
5.5.7 To share your login details or give access to your profile to any third party. Each profile is to be used exclusively by the individual who created it.
5.6 Users are expected to interact with each other respectfully and responsibly on the Platform. CareServie.ca promotes a safe and professional environment for individuals seeking care services and for individuals providing care services. CareServie.ca reserves the right, at its sole discretion, to determine whether a User’s behavior is deemed inappropriate, offensive, or disruptive to the community and service operations. Conduct that may be considered inappropriate includes, but is not limited to, harassment, abuse, use of offensive language, spamming, bullying, discrimination, or any other behavior that CareServie.ca deems contrary to the purpose of a respectful and safe environment.
Article 6: Content
6.1 You acknowledge and agree that the Profile and/or other Content you make available via the Service may be utilized by other Users. You further acknowledge that CareService.ca has no control over the compliance of these Terms of Service by other Users and/or third parties.
6.2 The following types of Content are strictly prohibited:
6.2.1 Content that is discriminatory based on appearance, race, religion, gender, culture, descent, or any other characteristic, or that can be interpreted as injurious or inappropriate, as determined by CareService.ca.
6.2.2 Content that incites violence against or harassment of another individual or group, leads to or results from the exploitation or abuse of others, constitutes illegal activity, or furthers illegal activities.
6.2.3 Content that, in the opinion of CareService.ca, is contrary to good manners or good taste, or is violent in nature.
6.2.4 Content that requests personal details of minors, makes available personal details of others, or includes your personal contact details. If you share content of third parties, such as displaying their photos or mentioning their personal details, you must obtain their approval and be able to provide proof of this approval in case of a dispute.
6.2.5 Content that contains viruses, Trojan horses, worms, bots, or other programs that could damage an automated system, render it unusable or inaccessible, erase or grant ownership of such a system, or circumvent the technical security measures of the Platform and/or CareService.ca’s computer systems.
6.2.6 Content that is based on falsehoods and/or is misleading, involves assuming a false identity, and/or incorrectly suggests an affiliation with CareService.ca.
6.2.7 Content that involves chain letters, junk mail, or spamming, and/or requests passwords or other details traceable to individuals for commercial or illegal purposes.
6.2.8 Content that infringes upon the rights of CareService.ca and/or third parties, including but not limited to Intellectual Property Rights or rights related to privacy protection.
6.2.9 Content that conflicts with these Terms of Service, the Privacy Statement, any applicable law and/or regulation, or that can damage the interests or reputation of CareService.ca.
6.3 CareService.ca reserves the right to shorten, alter, reject, or remove Content from the Platform if deemed necessary by CareService.ca, without any entitlement to compensation and/or liability on the part of CareService.ca.
6.4 If you believe that any Content infringes upon your rights or the rights of another User or a third party, you must immediately report this to CareService.ca in the manner described in Article 12.
Article 7: Payment and Subscriptions
7.1 Depending on the chosen subscription, you may utilize the Service either free of charge or for a fee. The price you pay for the use of the Service is contingent upon the subscription you select. The subscriptions and associated prices are available on the Platform. Click here for an overview of the subscriptions and prices. Prices are inclusive of VAT and other charges imposed by authorities, unless otherwise stated.
7.2 CareService.ca reserves the right to alter the prices charged with a notice period of at least three months. If you do not agree with the price change, you have the right to cease using the Service and remove your Profile on the date the price change takes effect, or to opt for a free subscription with the same Profile.
7.3 In the event that a payment fails due to insufficient funds or any other reason preventing the transaction from being processed, CareService.ca may attempt to charge the payment method again. CareService.ca reserves the right to periodically attempt to charge the payment method on file until the payment is successfully processed. If repeated attempts fail to secure payment, CareService.ca may suspend or terminate your access to the Service.
7.4 Payment shall be made in the manner described on the Platform. If payment is not made in a timely manner, CareService.ca reserves the right to immediately terminate the agreement or to block or restrict access to the Service until you have fulfilled your payment obligations, including any costs and interest.
7.5 Complaints regarding invoices and/or the Service do not affect your obligation to pay.
7.6 If CareService.ca determines that your subscription has been used in violation of the usage restrictions outlined in Article 5, CareService.ca is entitled to retain all fees paid and apply any relevant policies, including termination of the subscription without refund.
7.7 CareService.ca may, from time to time, offer discounts or promotional offers on Premium subscriptions to certain users. These offers are subject to the Terms and Conditions specified at the time of the offer.
7.7.1 Eligibility for discounts and promotional offers is determined solely by CareService.ca based on criteria such as user location, subscription history, or other factors deemed relevant by CareService.ca.
7.7.2 Discounts and promotional offers are valid for a limited time only, as specified in the offer. After the promotional period ends, the subscription will renew at the standard rate unless the user cancels the subscription before the renewal date.
7.7.3 CareService.ca reserves the right to modify or terminate any discount or promotional offer at any time without prior notice. Existing discounts or promotional offers will be honored for the duration of the specified period.
7.7.4 Any misuse of discounts or promotional offers, including but not limited to creating multiple accounts to benefit from offers, will result in the immediate suspension or termination of the user’s account and subscription without refund, and may result in applicable legal action.
Article 8: Intellectual Property Rights
8.1 The Intellectual Property Rights pertaining to the Service, including the Platform and Database, as well as any texts, look-and-feel, templates of the Profiles, video, audio, photo, and any digital material made available via the Platform, with the exception of the Content, remain the property of CareService.ca and/or its licensors.
8.2 Subject to the conditions outlined in these Terms of Service, CareService.ca grants you a limited, personal, revocable, non-exclusive, non-sublicensable, and non-transferable right to access and use the Service, including the Database, the Content, and the Platform, for the purposes outlined in these Terms of Service.
8.3 You retain the Intellectual Property Rights to Content placed by you. By making available/uploading Content, you automatically grant CareService.ca a royalty-free, worldwide, irrevocable, sub-licensable, and transferable license to publish, duplicate, and store the Content in the Database as required to provide the Service.
8.4 You explicitly waive all personal rights named in the Copyright Act, including the right to be named and the right to object to changes, to the extent permitted by law.
8.5 You confirm to CareService.ca that you own all rights to the Content and that you are fully authorized to grant the license as intended in this article to CareService.ca.
8.6 It is expressly prohibited to download, copy, alter, reverse engineer, or publicly disclose any information accessible via the Service or Platform, or to use such information for any purpose not specifically stated in these Terms of Service, unless prior written consent is obtained from CareService.ca or the relevant rights holders, or unless such use is expressly permitted by mandatory Canadian law.
Article 9: Privacy
During the creation of your profile and throughout your use of the Service, you will provide personal information to CareService.ca. This personal information will be processed in accordance with the CareService.ca Privacy Statement and all applicable laws and regulations.
Article 10: Guarantees and Indemnities
10.1 You are liable to CareService.ca for, and fully indemnify CareService.ca against, any damages and costs suffered or incurred by CareService.ca as a result of: (i) a culpable shortcoming by you in complying with the Terms of Service; (ii) any actions carried out by you while using the Service; or (iii) any illegal actions. Any costs incurred or damages suffered by CareService.ca in connection with these claims will be your responsibility.
10.2 You confirm to CareService.ca that all information you provide while creating your profile or placing content is complete, current, and accurate. You acknowledge that the correctness, up-to-date nature, and completeness of the content made available are of great importance to the optimal functioning of the Service.
10.3 You confirm to CareService.ca that you are authorized to use the Service and that you will act in accordance with these Terms of Service. You indemnify CareService.ca against claims by third parties based on the allegation that your use of the Service, including but not limited to the placement of content, is unlawful.
Article 11: Liability
11.1 CareService.ca accepts no responsibility for any damage resulting from the provision of the Service, or from any unlawful actions or otherwise, to the extent permitted by mandatory law.
11.2 If CareService.ca is liable to you for any damage, this liability is limited per occurrence (where a connected series of occurrences is regarded as one occurrence) to the contributions (including VAT) paid by you to CareService.ca during the current calendar year for the Service that led to the liability.
11.3 CareService.ca is not responsible for any consequential loss, including pure financial loss, loss of turnover or profit, loss of data, or immaterial damage connected with or resulting from the Service.
11.4 The restrictions mentioned in this article do not apply in cases of deliberate and/or conscious recklessness by CareService.ca or its management.
11.5 To be eligible for any compensation, you must report the damage in writing to CareService.ca as soon as possible after its occurrence. Any claim for compensation against CareService.ca will lapse 12 months after the claim arises.
Article 12: Reporting of Unlawful Information
12.1 CareService.ca is not responsible for any damage resulting from the (unlawful) use of the Platform. CareService.ca is only obligated, under the conditions stated below and upon receiving a report, to remove any unmistakably unlawful material or to halt any unmistakably unlawful activities.
12.2 CareService.ca has established a procedure for reporting the presence or accessibility of suspected unlawful material. Reports can be made via email to cs@careservice.ca or by clicking the “Report user” button available on profile pages and in received emails.
12.3 CareService.ca reserves the right to refuse to block material or halt activities if there is legitimate reason to doubt the accuracy of the report or the evidence submitted, or if an assessment of interests requires it. In such cases, CareService.ca may request a legal judgment from an authorized judge in Canada to determine the unlawfulness of the material or activity in question.
12.4 CareService.ca shall not be required to be a party to any dispute between the person making the report and any third party.
12.5 The person submitting the report indemnifies CareService.ca against all claims by third parties in connection with the blocking or removal of material or the halting of activities. This indemnification covers all costs incurred and damages suffered by CareService.ca in connection with such claims, including but not limited to legal assistance costs.
Article 13: Duration, Cancellation, and Termination
13.1 Free Subscription If you are using a free subscription, you have the right to discontinue use of the Service and remove your Profile at any time.
13.2 Paid Subscription
13.2.1 Subscription Period
For paid subscriptions, the Service is available for the duration selected during the subscription process (the “Subscription Period”).
13.2.2 Automatic Renewal
Unless you notify CareService before the end of the Subscription Period of your intent to cancel, your subscription will automatically renew for a term equivalent to your initial subscription. You authorize CareService to charge the applicable subscription fee for the renewal using any payment method on record.
13.2.3 Cancellation of Renewal
You may cancel the renewal of your subscription anytime during the Subscription Period. If canceled, the cancellation will take effect after 24-hours after you confirm the cancellation and the remaining unused subscription period is non-refundable.
13.2.4 Direct Cancellations
To cancel subscriptions paid directly through the CareService Platform, you must either cancel through your account settings on the CareService Platform or send a cancellation request via email to cs@careservice.ca.
13.2.5 Non-Refundable Payments
Except as expressly provided in these Terms of Service, all payments for subscriptions, services, or products through the CareService Platform or mobile applications are non-refundable. This includes one-time purchases and recurring subscriptions. No refunds or credits will be issued for partially used subscription periods, even if canceled before the end of the billing cycle.
13.2.6 Post-Cancellation
Upon cancellation, you will retain access to the subscription services for a period of 24 hours following the confirmation of your cancellation. The subscription will not renew thereafter. Please note that no refunds will be issued for any prior periods of use or non-use, including any remaining unused subscription period.
13.3 Agreement Dissolution In the event of agreement dissolution, any services already delivered or performed by CareService and related payment obligations will not be canceled. Invoices issued by CareService prior to dissolution for correctly delivered or performed services remain payable and are due immediately upon dissolution.
Article 14: Appointments
14.1 Appointment Period
14.1.1 Late Arrival
If the user arrives late for their scheduled appointment, the appointment shall conclude at the originally scheduled time. No refunds or extensions will be provided for late arrivals.
14.1.2 No-Show Policy
Failure to attend the appointment without prior notice shall result in the forfeiture of the full payment. To reschedule, the user must book a new appointment and remit full payment.
14.2 Payment Policy
Users must remit the full price of the service at the time of booking. Partial payments or deposits are not accepted.
14.3 Rescheduling Policy
14.3.1 Minimum Rescheduling Time
Users may reschedule their appointment provided that the new appointment date is at least 2 days away from the current date and time. Rescheduling is not permitted if the new date is less than 2 days from the current time.
14.3.2 Rescheduling Limit
Users are permitted to reschedule an appointment a maximum of two times. If a user attempts to reschedule more than twice, the appointment will be canceled, and the payment will be forfeited without refund.
14.4 Cancellation & Refund Policy
14.4.1 User-Initiated Cancellation
If a user cancels within 24 hours of the appointment, no refund will be issued.
If the cancellation is made between 24 hours and 48 hours before the appointment, 50% of the payment will be refunded.
If the cancellation is made more than 48 hours before the appointment, 90% of the payment will be refunded, with a 10% processing fee deducted.
14.4.2 Business-Initiated Cancellation
If the business cancels within 2 days of the appointment, a full refund will be issued to the user. If the business cancels more than 2 days before the appointment, the appointment will be rescheduled at no additional cost to the user.
14.5 Exceptions to Rescheduling and Cancellation Policies
14.5.1 CareService.ca reserves the right to determine whether a cancellation or rescheduling qualifies for an exception to the standard policies. Each request will be reviewed on a case-by-case basis.
14.5.2 Natural Disasters
In the event of a natural disaster, users may reschedule or cancel without penalty, regardless of the notice period.
14.5.3 Medical Emergencies
Cancellations due to a documented medical emergency, supported by a doctor’s note, will not incur any penalties. Users may either reschedule or receive a full refund.
14.5.4 Severe Weather Conditions
If severe weather conditions, such as heavy snow or hurricanes, make travel dangerous or impossible, users may reschedule or cancel without penalty. Documentation of the weather conditions may be required.
14.5.5 Technical Issues
For appointments that rely on technology, such as virtual consultations, users may reschedule or cancel without penalty if significant technical issues beyond their control disrupt the appointment. Evidence of the technical issue may be required.
Article 15 Miscellaneous
15.1 Governing Law
BC law in Canada is applicable to these Terms of Service and to usage of the Service and the Platform.
15.2 Dispute Resolution
Any disputes arising between you and CareService.ca shall be submitted to the competent court in the province of British Colambia, unless mandatory law stipulates otherwise.
15.3 Transfer of Rights and Obligations
CareService.ca reserves the right to transfer its rights and obligations under these Terms of Service to third parties. You will be notified of any such transfer. If you do not accept the transfer, you may discontinue the use of the Service and delete your Profile.
15.4 Severability
If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions shall continue to be binding and effective between you and CareService.ca. CareService.ca will replace the invalid part with conditions that are valid and for which the legal consequences, with regard to the content and intent of these Terms of Service, shall as far as possible agree with the invalid part.
