Terms Of Service
 

The following are the terms and conditions for using the services (hereinafter sometimes referred to as “TOS”) offered by CaregiverJobs.ca, including without limitation, email and website services and other services which may be offered from time to time by CaregiverJobs.ca (each feature individually and collectively referred to as "The Service"). Please read the terms carefully. The Service is provided to individuals who are of the age of consent according to the laws of the State in which they reside.
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY US AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON THE SERVICE. The Service is offered to you conditioned upon your accepting all of the following terms, conditions, and notices contained herein, without any modification thereto:
 

1. DESCRIPTION OF SERVICE
CaregiverJobs.ca is only a venue. CaregiverJobs.ca (hereinafter sometimes referred to as "Caregiver Jobs") is an on-line nanny and domestic personnel matching service on the internet which allows Job Seekers to advertise themselves, by building a Caregiver Profile and provides necessary details required by the Canadian government’s Live-In Caregiver Program. CaregiverJobs.ca allows employers to search candidate's database and contact them directly. CaregiverJobs.ca is neither a recruitment nor a placement agent. CaregiverJobs.ca is not a referral service. CaregiverJobs.ca is not involved in the actual transactions between Job Seekers and Employers. CaregiverJobs.ca does not interview, screen, or perform background checks on job seekers or employers. As a result, the CaregiverJobs.ca has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of prospective employers to offer job opportunities to candidates or the ability of the Job Seekers to fill job openings. CaregiverJobs.ca does not provide any assurance or guarantee that Job Seekers who are seeking employment as caregivers will find such employment; likewise, the CaregiverJobs.ca does not provide any assurance or guarantee that Employers who are seeking to hire a caregiver will be successful in doing so.


2. MEMBER ACCOUNT, PASSWORD, AND SECURITY
To open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the Registration Form. You will then choose a password and an account name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. Upon your notification, we will remove your membership from our active databases as soon as reasonably possible in accordance with our policy and applicable law.

You agree to notify CaregiverJobs.ca upon your learning of any unauthorized use of your account or any other breach of security.


3. USER PRIVACY
It is CaregiverJobs.ca’s policy to respect the privacy of its members and users. CaregiverJobs.ca will not disclose any personal information about any user nor will CaregiverJobs.ca disclose any information about the use of the Service by any user without that user’s prior permission unless CaregiverJobs.ca has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of CaregiverJobs.ca; (3) enforce this Agreement; or (4) act to protect the interests of its members or others.

You agree to accept and consent to receiving email communications initiated from Us or through Us including, without limitation: message notification emails, messages and emails from prospective Employers, messages and emails from candidates, emails informing you about new services, emails informing You of changes to the Service and emails informing You of promotions that either CaregiverJobs.ca provides or that are being provided by third parties. Should You not wish to receive any of Our email communications, please do not use our services.
CaregiverJobs.ca does provide certain demographic information about its users, only in the aggregate form, to third parties, in particular, to certain advertisers. In addition, your Internet Protocol address (IP) is transmitted with each message sent from our web site is stored in our database. Personal information provided to CaregiverJobs.ca may be stored outside of the country in which the user resides.

The Website contains areas that enable users to send and receive messages and share information. When you use the web site, you may have the opportunity to disclose, post, or otherwise upload to publicly accessible portions of the Website, or share with other users, information and other content, including but not limited to biographical information, address, email addresses,  telephone  numbers, photographs and stories (collectively, the "Content"). While we may provide you with these tools and opportunities, we also wish to remind you that you should choose carefully which information you post on the Website and that you provide to other users.

You are required to use the web site responsibly, just as you would act responsibly when communicating or interacting with others in your offline communities. As a result, we expect and require that you take full responsibility for the Content that you post or send through the Website.

We actively monitor the message that users send through our web site, but we are not obligated to do so.
CaregiverJobs.ca reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

You agree that CaregiverJobs.ca, from time to time, must access your account, including its contents, in order to perform in accordance with the terms and conditions as stated in this agreement or to respond to service or technical issues.

4. MESSAGE STORAGE, OUTBOUND MESSAGES AND OTHER LIMITATIONS
You agree that CaregiverJobs.ca has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by our Service.

5. MEMBER CONDUCT
As a condition of using of the Service, you warrant to CaregiverJobs.ca that you will not use the Service for any purpose that is unlawful or prohibited by the TOS.

The Service is provided to individuals and companies in the recruitment business only. You agree to use the Service only to send and receive personal messages. Any unauthorized commercial use of the Service, or the resale of its services, is expressly prohibited. Agencies agree to use the service only as a recruiting source and must utilize their own agency materials when presenting to clients.

You agree to abide by all applicable local, state, national and international laws and regulations and you are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to:

1.       Don't violate any applicable local, state, national and international law or regulation

2.       Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

3.       Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;

4.       Harvest or otherwise collect information about others, including email addresses, without their consent;

5.       Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message;

6.       Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service member any directory of the Service members or other user or usage information or any portion thereof other than in the context of the use of the Service as permitted under the  TOS ;

7.       Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs;

8.       Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents;

9.       Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.

6. PAYMENT AND REFUND POLICY
Users/members that sign up agree to pay CaregiverJobs.ca all charges at the prices then in effect for any use of the Site, unless specifically notified otherwise. In addition, Users/Members authorize CaregiverJobs.ca to charge their chosen payment provider for use of the Site. Our price list is part of this Agreement and We reserve the right, at any time, to change any fees or charges for using the Service. No refunds or credits will be provided for account cancellation requests received after the account has been billed.

7. LINKS TO THIRD PARTY SITES
CaregiverJobs.ca may contain links to third party sites. Access to any other Internet site linked to this Site is at your own risk and CaregiverJobs.ca accepts no responsibility for the accuracy or reliability of any information, data, opinions, advice or statements made on such sites. CaregiverJobs.ca provides these links merely as a convenience and their does not imply an endorsement.


8. DISCLAIMERS/LIMITATION OF LIABILITY
YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR SOLE RISK.CAREGIVERJOBS.CA AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF CAREGIVERJOBS.CA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A CONSEQUENCE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

CaregiverJobs.ca does not meet or screen any applicant or employer using this site. You assume full responsibility for the hiring process. Advice given through this website should not be substituted for independent legal or professional counsel. The advice provided by this website is intended as a guide for employers, job seekers and agencies to aid them in a hiring process. The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. CaregiverJobs.ca and/or its respective suppliers may make improvements and/or changes in the Service at any time.

CaregiverJobs.ca does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available are free of viruses or other harmful components. CaregiverJobs.ca does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable.

You specifically agree that CaregiverJobs.ca shall not be responsible for unauthorized access to or for the alteration of transmissions, data or any material sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that CaregiverJobs.ca is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or for any infringement of another’s rights, including intellectual property rights. The user specifically agrees that CaregiverJobs.ca is not responsible for any content sent using and/or included in the Service by any third party.

CaregiverJobs.ca acts as a passive conduit for the online distribution and publication of information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users.

You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with users or members of the site. You agree to take all necessary precautions, when interacting with others users or members of the site.

 

CAREGIVERJOBS.CA AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CAREGIVERJOBS.CA AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL CAREGIVERJOBS.CA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEB SITES, WITH THE PROVISION OF OR FAILURE TO PROVIDE SERVICES OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR WITH ANY OTHER USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CAREGIVERJOBS.CA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEB SITES.

YOU AGREE THAT ANY CAUSE OF ACTION YOU MIGHT HAVE ARISING OUT OF OR RELATED TO THIS SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, ANY AND ALL OF YOUR CAUSES OF ACTION ARE PERMANENTLY BARRED.

9. INDEMNIFICATION
You agree, You shall indemnify and hold harmless, and at CaregiverJobs.ca' request defend, CaregiverJobs.ca, its parents, subsidiaries, and affiliates, as well as the irrespective directors, officers, shareholders, employees, agents and owners (each, an "Indemnified Party") from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees, an allocation for in-house counsel, and other legal costs) arising out of your acts or omissions, including claims resulting from your use of the Website, your submission, posting or transmission of information or Content, or any breach of your obligations set forth in this agreement. You shall reimburse each Indemnified Party on demand for any costs, expenses and liabilities incurred by such Indemnified Party to which this indemnity relates.

10. TERMINATION
 CaregiverJobs.ca reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your account.
At such time as the use of the service is discontinued, CaregiverJobs.ca shall have no obligation to maintain any of the content relative to your account, nor shall CaregiverJobs.ca have any obligation to forward any unread or unsent messages to you or any third party.

11. NO SPAM; DAMAGES
CaregiverJobs.ca will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay CaregiverJobs.ca liquidated damages of $10 (CAN) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay CaregiverJobs.ca ’s actual damages, to the extent such actual damages can be reasonably calculated.

12. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Any dealings you might have with advertisers on the Service or with promotions offered to you, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. CaregiverJobs.ca shall not be responsible or liable for any part of any such dealings or promotions.

 

13. PROPRIETARY RIGHTS TO CONTENT
You acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service, by CaregiverJobs.ca, or CaregiverJobs.ca’s advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content only for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service and its associated Web sites, including code and software.

You represent and warrant to CaregiveJobs.ca that the information posted in Candidate profile or Employer Profile, including Your photograph, is posted by You and that You are the exclusive author of Your profile and the exclusive owner of Your photographs. By submitting Content to CaregiverJobs.ca You grant us a royalty-free, worldwide, non-terminable, non-exclusive license to use, reproduce, modify, adapt, edit, market, publish, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote such Content (in whole or in part) in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes including, without limitation, the right to publish your name in connection with your Content; and the right to sublicense any or all of these rights.  

14. MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES
CaregiverJobs.ca reserves the right to change the TOS or policies regarding the use of the Service at any time and to notify the user by posting an updated version of the TOS on this Web site. The users are responsible for regularly reviewing the TOS. Continued use of the Service after any such changes shall constitute their consent to such changes.

15. COPYRIGHT AND TRADEMARK NOTICES:
You acknowledge and agree between you and the Service, that that CaregiverJobs.ca (hereinafter sometime referred to collectively as "Owners") own all of the forms, documents and the contents of this Service (hereinafter "Documents"). You agree that no right, title or interest in or to any trademark, service mark, logo or trade name of the Owners is granted under this Agreement and that title to all such documents is retained by said Owners. You agree, stipulate and consent that all Documents are copyright protected and are trademarks owned by the Owners and that you will not reproduce, modify or publish any and all of the Documents for any commercial purpose without the express written consent of said Owners. © Copyright 2010 CaregiverJobs.ca All Rights Reserved. Please review our Privacy Policy.

16. GOVERNING LAW, JURISDICTION AND VENUE
Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. This agreement is governed by the laws of the State of New York CaregiverJobs.ca and exclusive venue for any dispute arising out of the use of the Service shall be in the New York Circuit Court By consent of the parties, no other court or tribunal in this country or in any other country shall have jurisdiction relative to any dispute arising out of this Service.

17. GENERAL
You agree that no joint venture, partnership, employment, or agency relationship exists between you and CaregiverJobs.ca as a result of this agreement or use of the Service. CaregiverJobs.ca ’s performing of all Services is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CaregiverJobs.ca ’s right and/or obligation to comply with governmental, judicial and law enforcement requests or requirements relating to your use of the Service or to the information provided to or gathered by CaregiverJobs.ca with respect to your use of the Service.

18. SEVERABILITY
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

19. INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CaregiverJobs.ca with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CaregiverJobs.ca with respect to the Service.

20. LANGUAGE
It is the express will of the parties that this agreement and all related documents have been drawn up in English. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.

21. BINDING
This agreement shall be effective to bind you, your assigns, agents, representatives, successors, employees and any and all other persons acting on your behalf. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.