CareReq: Terms & Condition
These terms and conditions (these “Terms”) constitute a legally binding agreement between you and CareReq Technologies Inc. (“CareReq” “we”, “us” or “our”) governing your use of the CareReq website (https://carereq.com/) (the “Site”) and web-based and iOS and Android mobile applications (each an “Application”, and collectively with the Site, “CareReq”).
If you are using CareReq on behalf of, or in the employ of, an organization (corporation, trust, partnership, etc.), you are agreeing to the Terms for that organization and representing and warranting that you have the authority to bind that organization to the Terms. In such a case, “you”, “your” and “User” will also refer to that organization and yourself individually. For greater clarity, both you as an individual and your organization are legally bound by these Terms which form an agreement between you and CareReq.
By entering into these Terms and/or accessing or using CareReq, you expressly acknowledge that you understand these Terms and accept all of its terms and conditions. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN, YOU MAY NOT USE OR ACCESS CAREREQ.
CareReq is a platform that connects certain eligible entities (described in Section 2 below) or individuals (“Clients”), who are seeking certain support service offerings for themselves or on behalf of others (each a “Recipient”), with qualified individuals who provide such service offerings (“Providers”). Providers may include personal support workers, social workers, caregivers, home care aides, rehab support workers, nurses, physiotherapists, developmental support workers, drivers, and other support professionals that are authorized to deliver such services.
For further clarity, Recipients include individuals who receive the Providers’ services through CareReq, even if such Recipients have not registered themselves as Users, as defined below. Recipients may also include minors or individuals without capacity, whose User Account, as defined below, is created and managed by or with the consent of their Parents or , as defined below, or patients or customers of health care facilities, the request for services to whom has been placed by the respective health care facilities.
Throughout these Terms, Clients and/or Providers are referred to in these Terms as “Users” and each as a “User”. Through or on CareReq, Clients can post a request for such services and Providers can accept or decline such requests. Providers may be able to view some but not necessarily all Clients’ requests based on factors, including but not limited to location, indicated service fees, and other criteria set by the Clients or the Providers. CareReq is not responsible for the selection of the Providers that accept the Client requests. Such selection may be based on the above-mentioned filters or criteria. Once a Provider accepts a Client request, such request will not be available to other Providers to accept, unless the initial Provider cancels the acceptance of such request. Clients and Providers enter into a direct contract with each other for the provisions of such services. CareReq will not be a party to any agreement or contract, verbal or otherwise, between a Client and a Provider. As such, Users acknowledge that we do not provide any service offerings, as offered by the Providers, ourselves, and that all such service offerings are provided by the Providers who are independent of and are not engaged, as employees or independent contractors, by us or any of our affiliates.
2. Eligibility to Use CareReq
Eligibility. CareReq may only be used by individuals who can form legally binding
contracts under applicable law. CareReq is not available to persons under the age of
majority, as defined in your province or territory of residence, without parental
consent, as described below. By becoming a User, you represent and warrant that you are
at least the age of majority in your province or territory of residence and that you
have the right, authority and capacity to enter into and abide by the terms and
conditions of these Terms. CareReq is also not available to Users who have had their
User account (the “User Account”) temporarily or permanently deactivated. CareReq is
also not available to individuals who lack the requisite capacity to enter into a
legally binding agreement. Except for the permissible uses described in this Section,
you may not allow other persons to use your User Account, and you agree that you are the
sole authorized user of your User Account.
- Minors or Individuals Lacking Capacity as Recipients. Minors or individuals lacking capacity to enter into legally binding contracts may be Recipients, provided that the CareReq User Account pertaining to support services provided to such Recipients is created and managed by individuals who have the appropriate authorization, including but not limited to a power of attorney or are otherwise considered Substitute Decision Makers, as defined below, or have the appropriate legal relationship to make decisions pertaining to the minor Recipients, including but not limited to Parents, as defined below. Parent(s) or Substitute Decision Makers, who must also be of the age of majority and have legal capacity to enter into binding agreements, may create a User Account and request services for their child(ren) or the individuals who lack capacity and for whom they are authorized to make decisions about healthcare. Parent(s) and Substitute Decision Makers shall indemnify and hold CareReq and its Released Parties (as defined below) harmless from any and all damages, liabilities, costs or expenses of any kind or nature, including reasonable legal fees, which may arise from the breach by the Parent(s), Substitute Decision Maker(s), and/or the respective Recipient(s), including but not limited to their child(ren) or individuals lacking capacity respectively, of any of the provisions of these Terms.
- “Parent(s)” means the individual legal parent or guardian or both legal parents or guardians, who have the sole physical care, custody and control of their child(ren) for which no judgment, order or decree has been made by any Court awarding the custody of their child(ren) to any other person or in any other manner affecting the status of the right of the Parent(s) as legal parent(s) and/or guardian(s) of their child(ren) and that the child(ren) has not been emancipated.
- “Substitute Decision Maker” means someone who is entitled by law to make healthcare decisions on behalf of an individual when that individual lacks the capacity to make the decision for him or herself. Health care decisions include but are not limited to personal assistance services.
- Use of CareReq by Health Care Facilities. Clients may include health care facilities (each a “Health Care Facility”), including without limitation, hospitals, health care clinics, and senior homes. In order to register for and maintain a User Account, a Health Care Facility is required to provide valid proof of its appropriate, up-to-date, and required licenses, credentials, approvals and authorizations to operate a health care facility in Canada and in the province(s), in which it operates, and represents that it operates in accordance with all applicable laws. The Health Care Facility may request certain service offerings through CareReq for Recipients, including but not limited to its patients and/or customers. In such case, the Health Care Facility represents and acknowledges that it has obtained express consent by each Recipient to share the (sensitive) personal information of the Recipient(s) with CareReq and the Providers, and to request certain service offerings for the Recipient(s), and such services to be delivered through the Providers. The Health Care Facility acknowledges and represents that it will indemnify and hold CareReq and its Released Parties harmless from any and all damages, liabilities, costs or expenses of any kind or nature, including reasonable legal fees, for any claims by the Recipient(s) pertaining to all matters related to the service offerings provided through CareReq and these Terms pursuant to the Health Care Facility’s request, including without limitation, any claim by the Recipient pertaining to inaccurate or unauthorized sharing of their (sensitive) personal information.
- Connection. In addition, to use CareReq, you must have continued access to the internet. You are responsible for obtaining the data network access necessary to use CareReq. Your mobile network’s data and messaging rates and fees may apply, and you are responsible for such rates and fees.
- Additional Policies. In addition, by using CareReq, you agree to be bound by any additional policies, guidelines, rules, obligations, agreements or documents communicated through CareReq, including, without limitation, as applicable, any policies referred to in these Terms. For example, we may post additional policies, guidelines, rules, obligations or agreements that specifically relate to your use of CareReq. You agree to comply with such policies, guidelines, rules, obligations or agreements even if they are not identified in these Terms.
- Providers’ Confidentiality Obligations. To the extent that confidentiality obligations do not arise from the Providers’ governing, licensing, or regulatory body, if and when applicable, Providers shall treat any and all information pertaining to Clients and/or Recipients, including but not limited to the identity, contact information, location, health and/or financial information, confidential and shall not disclose to any third parties, unless required by law (such as in response to a subpoena, court order or other legal process in any jurisdiction), and to cooperate with law enforcement authorities in the investigation of any criminal or civil matter. Providers acknowledge that CareReq shall not be liable for any such breaches or unauthorized disclosure of Clients’ and/or Recipients (sensitive) personal information. Providers agree to defend, indemnify and hold CareReq and the Released Parties, as defined in Section 17(a) harmless from any Claims which may result therefrom any such breaches or unauthorized disclosure of Clients and/or Recipients’ personal information.
- Registration for a User Account. In order to use CareReq, you must apply for a User Account through CareReq to become a Provider or a Client. You will be required to submit information, either when applying for a User Account or thereafter, that may include without limitation to personal, professional, or medical information.
- Provider Account. To qualify to register as a Provider you will be required to submit information, either when applying for an account (a “Provider Account”) or thereafter, including but without limitation to your full legal name, a working email address, valid phone number, valid driver’s license or other government issued identification, a copy of your up-to-date resume listing accurately your qualifications, a copy of a recent police check, proof of your Cardiopulmonary resuscitation (CPR) accreditation, valid proof of your immunization, valid proof of your results on your Tuberculosis and Hepatitis B medical examinations, government-issued proof of Covid-19 immunization, and proof of you having obtained adequate Personal Support Worker (PSW) insurance coverage (“Provider Verifying Information”). Upon submission of the Provider Verifying Information, you authorize CareReq to request, receive, use, store or share (including, without limitation, with other Users) such information. Where permitted, CareReq has the right, but not the obligation, to undertake screenings, checks, and processes designed to check your Verifying Information. Upon a Provider’s completion of the application process, CareReq, in its sole discretion, acting reasonably, shall determine whether the applicant is eligible to be a Provider. If approved, CareReq shall register the Provider for a Provider Account and thereafter, the Provider shall be permitted to use CareReq, in accordance with and subject to these Terms. Upon registration for a Provider Account, you may be required to perform and able to do certain actions, as further specified on CareReq or as otherwise communicated by CareReq.
- Accuracy and Account Security. When and upon registering for a User Account, you agree to (i) provide accurate, current and complete information, as, if applicable, you may be prompted through online accounts you may have with third party social media services or by any registration forms on CareReq (“Registration Data”); (ii) maintain the security of your password; (iii) maintain and promptly update the Registration Data, and any other information you provide to CareReq or otherwise to CareReq, and to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to the Registration Data and any other information or material you provide to CareReq. You may not impersonate any other person while using CareReq. CareReq will not be liable for any loss or damage from your failure to comply with this obligation. You may not allow other persons to use your User Account and you agree that you are the sole authorized user of your User Account. If you created a User Account on behalf of a Health Care Facility, you represent that you have the authority to bind the Health Care Facility and that the Health Care Facility is solely responsible for any acts or omissions of its employees, contractors, agents, directors, officers, or affiliates, who you have been authorized to use and manage your User Account. For clarity, Users shall at all times be responsible and liable for all actions conducted through and related to their User Account.
- Professional Skills. By accepting a request from a Client, you represent that you possess the relevant skills and experience to perform the requested services and you will render those services in a timely, diligent, and professional manner and at par with industry standards.
- Licensing and Regulations. You possess all valid and required consents, approvals, licenses, registrations, certifications, qualifications and/or government approvals necessary to promote, advertise, sell, offer and/or perform (as applicable) your service offerings on or through CareReq in all of the provinces and territories where you promote, advertise, offer, sell and/or provide such service offerings on or through CareReq. You agree to promote, advertise, offer, sell, and/or provide (as applicable) service offerings on or through CareReq only while in possession of valid licenses, government approvals and in accordance with applicable laws.
- Insurance and Liability. You shall be responsible and liable for all (and CareReq shall in no way be liable or responsible for any) damages or claims arising from the service offerings advertised, promoted, provided, offered or sold to Clients and/or Recipients, including, without limitation, the quality of services rendered to Clients and/or Recipients, and the hygiene (as applicable), health implications (including, without limitation, allergies, or any other (exposure to) contagious or not diseases, if and as applicable) misrepresentation, (ii) any physical or emotional damage to or from Clients, including a loss of life; or (iii) any claims arising due to damages to personal or commercial property), and/or loss or return thereof or related thereto. You are required to obtain and maintain PSW or similar insurance coverage for the duration of your services rendered through or on CareReq.
- Misrepresentation of Service Offerings. You will not make any misrepresentation or false claims regarding any service offering that you represent to CareReq or Clients that you provide through CareReq.
- Information and Geolocation. You agree to provide us with all the information we request in connection with your use of CareReq including, but not limited to, your business’s license(s) (if any), geolocation and any further necessary authorization to facilitate our access to such records during the term of these Terms. You represent that such information is up-to-date and undertake to update the information you have provided to CareReq in the event of any changes to the information.
- Use of CareReq. You will not engage in reckless behaviour while using CareReq or in any way related to CareReq and the promotion, advertisement, sale, offering and provision of any services offerings on or through CareReq. You will provide any service offerings in accordance with any oral or written contract, agreement or instructions agreed upon between you and the Client and/or Recipients. You will not act unsafely in advertising, promoting, selling, delivering, offering or providing services while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of anyone.
- Misrepresentation of Relationship. You will not make any misrepresentation regarding CareReq, CareReq, your status as a Provider, other Users or your ownership of or role in advertising, promoting, selling, offering or providing service offerings on or through CareReq. You will not represent yourself as an independent contractor for, or employee, of CareReq. You will not represent CareReq as advertising, promoting, selling, offering or providing any service offerings on or through CareReq.
- Fraud. You will not engage in any fraudulent activity with CareReq, the Clients and/or Recipients or in connection with the promotion, advertising, purchase, sale, offering or provision of service offerings on or through CareReq. If we suspect that you have engaged in fraudulent activity, we may terminate your User Account.
- Compliance with Human Rights. You will make reasonable accommodation for Clients and/or Recipients as required by law and will not discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or cause any third party to engage in the restricted activities above.
- Tax. You agree to pay all applicable federal and provincial taxes based on your provision or sale (as applicable) of products and/or service offerings to Clients and/or Recipients and any payments you receive connected therewith.
- Eligibility. You are eligible to use CareReq, as further specified in Section 2(a). If you are using CareReq to request services for a Recipient, who is a minor or lacks the requisite capacity to enter into a legal relationship, you represent that you are fully responsible for engaging in any actions toward facilitating the Providers’ provision of services. You also acknowledge that you are jointly and severally liable with the Provider for any claims for damages initiated by such Recipients pursuant to your use of CareReq or them receiving any services by the Providers through CareReq. If you are a Health Care Facility, you represent and warrant that you have obtained and shall maintain all required licenses and permits, as described in Section 2(a)ii and you will indemnify CareReq for any such misrepresentation.
- Misrepresentation of Requests. You will not make any misrepresentation or false claims regarding any services you request through or on CareReq for you as a Client or for the Recipients. If you are a Health Care Facility, you shall not make any misrepresentation regarding the Recipients and shall use CareReq for services that the Recipient has requested or consented to.
- Compliance with Privacy Laws. If you request services on or through CareReq for Recipients, you represent that you have obtained appropriate (and, where required, explicit) consents to share the Recipients’ (sensitive) personal information with CareReq and with the Providers. You represent and warrant that any use, transfer, or disclosure, of personal information to CareReq and the Providers shall take place in compliance with Canadian privacy laws, including but not limited to the Canadian Personal Information Protection and Electronic Documents Act and the Ontario Personal Health Information Protection Act, and all other applicable provincial privacy laws, as they may be amended from time to time.
- Accurate Information. In order for CareReq to be able to match you with Providers, who have represented that possess the skillset and experience you require for yourself or the Recipients, you shall share all material information, including medical or personal information, in compliance with Section 6(c), pertaining to you or the Recipient. You represent and warrant that such information is up-to-date and undertake to update the information you have provided to CareReq in the event of any changes to the information.
- Other Information and Geolocation. You agree to provide us with all the information we request in connection with your use of CareReq including, but not limited to, your business’s license(s) (if any), geolocation and any further necessary authorization to facilitate our access to such records during the term of these Terms. You represent that such information is up-to-date and undertake to update the information you have provided to CareReq in the event of any changes to the information.
- Fees to access and use CareReq. You can apply to be a User without the payment of any fees. If and upon your acceptance as a User and registration for a User Account, you may be able to use CareReq without the payment of any fees, until you place or accept any service requests. For clarity, if a Client posts a request for services and a Provider accepts such request, a portion of the Fees (as defined below) shall be retained by CareReq as a processing fee (“Processing Fee”), the amount of which shall be determined by CareReq in its sole discretion. Additional fees may be applicable, including but not limited to fees charged by third-party payment service providers. Users are responsible for all taxes applicable to the fees and any other charges in any applicable jurisdiction.
- Fee Change. We reserve the right to introduce or change a fee on or related to access and use of CareReq from time to time. If a fee is changed or a new fee is introduced, it will take effect no earlier than thirty (30) days from the date it is posted on CareReq, your User Account or as otherwise communicated to you in writing by CareReq. If you do not accept the changed or new fee, you must terminate your User Account prior to the end of the 30-day period. After such period, if your User Account is not terminated, your continued use of CareReq after the effective date of the change indicates your agreement with the new fees. You are responsible for all taxes applicable to the fees and any other charges in any applicable jurisdiction.
- Account Termination. You may terminate your User Account at any time. Notwithstanding anything to the contrary in this Section, Providers cannot terminate their Provider Account, if they have accepted any request by a Client, for which the services have not been rendered, or Providers are expecting payment for services rendered.
- Facilitation of Fees. CareReq may facilitate payments between Providers and Clients for the purchase of service offerings (as applicable) booked, organized or purchased on or through CareReq. Upon posting a request for service offering(s), the Client shall pay the applicable fees as it relates to the purchase of the service offerings (as applicable) from the Provider, (“Fees”) to CareReq. CareReq shall hold the Fees in escrow, directly or by using a payments third-party provider for such purpose, until the Provider indicates that the requested services by the Client have been rendered by the Provider. The amount of the Fees shall be determined by the Client in its sole discretion and the Fees processed through CareReq may be a percentage of the Fees.
- Cancellations and Refunds. For more information about our cancellation and refund policy, we encourage you to read and understand the CareReq Cancellation and Refund Policy, found here. By accepting these Terms or by accessing the Services, you represent that you have read and agreed to the terms of the CareReq Cancellation and Refund Policy, incorporated into and subject to these Terms.
- User Content. Content (as defined below) provided by Users is called “User Content”. User Content is the property of its respective owners (e.g. the User that inputted it). User Content on CareReq may include posted information (including, without limitation, service offerings posted, advertised and promoted by Providers), images, feedback, communication between Users on Communication Channels or otherwise, Verifying Information and other data uploaded by a User to CareReq. CareReq’s only right to use that User Content is the limited licenses to it granted in these Terms. Those licenses are described in Section 10 below.
- Ownership, Copyright and Trademarks. Other than User Content, CareReq (including the Content thereon) and any other software used to create and operate CareReq, is the property of CareReq or its licensors, and is protected by Canadian and international copyright laws, and all rights to CareReq, such content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in CareReq are the property of their respective owners.
- Responsibility. Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit, without notice, any User Content posted or stored on CareReq, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on CareReq. You shall be solely responsible for all inputs, selection and use of CareReq and all User Content or other data transmitted, received or created during your use of CareReq, even if transmitted, received or created by someone else (including, without limitation another User), and you agree to defend, indemnify and hold CareReq and the Released Parties harmless from any Claims which may result therefrom.
- Content. In these Terms the content on CareReq, whether made available to you or provided by you, including, without limitation, all User Content (as defined below), information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”.
- License. CareReq grants to you a revocable, non-exclusive, non-sublicensable license to use and access CareReq and to view the Content available to you through CareReq (“License”).
License Restrictions and Restricted Activities. Other than as expressly permitted
these Terms, CareReq, the Content and the License (including, without limitation, your
use thereof and related thereto) are subject to the following restrictions, terms and
- CareReq (including your User Account) is for your use only. You may not resell, lease or provide it in any other way to anyone else, except as permitted through the CareReq.
- You may not make or distribute copies of the CareReq.
- You may not alter, merge or translate CareReq, or decompile, reverse engineer, disassemble, or otherwise reduce CareReq to a human-perceivable form.
- You may not modify, reproduce or create derivative works based on CareReq or the Content.
- You may not use CareReq for any application deployment or ultimate production purpose.
- You may not use CareReq to develop any application, offering or service having the same or similar primary function as CareReq.
- You may not remove or modify any copyright, trademark or other proprietary notices that have been placed in the Content.
- You may not otherwise use CareReq or the Content other than for its intended purpose.
- You may not (i) impersonate any person or entity; (ii) stalk, threaten, abuse, molest, injure or otherwise harass or cause physical harm to any person; or (iii) carry any weapons.
- Except as expressly permitted herein, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, these Terms and your User Account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws.
- Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The License in this Section is revocable by CareReq at any time.
- Your use of CareReq and the Content must not infringe or violate the rights of any other party, breach any contract or legal duty to any other parties or violate any applicable law (including, without limitation, any patent, trademark, trade secret, copyright or other intellectual or proprietary rights).
- You may not provide information or act in a manner that is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually-oriented, threatening, harassing, hateful or illegal.
- You may not (i) index, scrape, “data mine”, survey or in any way reproduce or circumvent the navigational structure or presentation of CareReq; or (ii) link directly or indirectly to any other websites, applications, or services.
- You may not transfer or sell your User Account, password and/or identification to any other party.
- You must comply with and abide by the User Content Guidelines (as defined below).
- You may not sell living beings, stolen items or products, investment products or items, investment schemes, business ideas, vehicles, real estates (including, without limitation, homes or dwellings), adult entertainment products or items (including, without limitation, pornography), medication or any medical products or items for which you need a physician’s prescription, drugs, drug paraphernalia, armed weapons, guns, ammunition, weapons or any item or product which is intended to cause intentional physical injury.
- Ownership. We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to provide CareReq, now and in the future. For example, if you, post, promote or advertise your product or service offerings on CareReq, we need your license to display that User Content on CareReq, and we need the right to sublicense that User Content to our other users of CareReq so that they can view that User Content.
- Sublicense. If your User Content is intended for the use of other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of CareReq, as described in this Section.
- Rights Granted. These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on CareReq. And they are transferable because we need the right to transfer these licenses to any successor operator of CareReq. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of CareReq does this to your User Content when it processes it for use in CareReq.
- General. CareReq may permit Users to upload or input User Content, including ratings and reviews of other Users. User Content submitted to any public area of CareReq will be considered non-confidential.
- User Content Guidelines. You agree not to post, upload to, transmit, distribute,
store, create or otherwise publish through CareReq any of the following (“User
- any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, racist, prejudiced, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable in the sole opinion of CareReq;
- content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, provincial, state, national or international law;
- content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- content that is intended to advertise services, products or offerings of another person or organization;
- private information of any third party, including without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use;
- viruses, corrupted data or other harmful, disruptive or destructive files; or
- content that is unrelated to the use of CareReq.
Review Guidelines. Reviews shared by Users on CareReq with CareReq or other Users must
comply with the following (“Review Guidelines”):
- Users who wish to post a review of another User must have a User Account;
- reviews must be helpful and reasonable and must only accurately describe the true experience that the User had with such other User (i.e. no hearsay);
- reviews must be legal and must not infringe the rights of any party;
- reviews must comply with the User Content Guidelines above;
- reviews must not be written by or be about individuals under the age of 18;
- reviews must be written in English; and
- reviews may not be of a commercial nature (including the posting of any web addresses, links, HTML or other coding or promotional items).
- Violation of Guidelines. Reviews on CareReq are the sole, subjective opinion of the Users who posted them. CareReq does not endorse any of the reviews posted on CareReq and reserves the right to review and/or delete a review for any reason, including, but not limited to a contravention of this Section. If you believe that a review was written in a manner that contravenes these Terms, you may request the removal of such review through CareReq. Any use of CareReq or portions of CareReq in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use CareReq.
- Waiver of Liability. You waive and shall not assert any claims or allegations of any nature whatsoever against CareReq, its affiliates or subsidiaries, their contractors, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties” and each a “Released Party”) arising out of or in any way relating to your use of CareReq (including, without limitation, promoting, advertising, purchasing or selling of any products and/or service offerings on or through CareReq), or the Content or Verifying Information, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of CareReq, the Content or Verifying Information, or allegations that CareReq or any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of CareReq (including, without limitation, anything related to or arising from the promoting, advertising, purchasing or selling of a service offering on or through CareReq). You use CareReq at your own risk.
- No Indirect, Etc. Damages. Without limitation of the foregoing, you agree that, to the fullest extent permitted by law, in no event will CareReq or any other Released Party be liable, howsoever caused, for any direct, special, indirect, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, loss of income or loss of data, loss of life, data breach, data theft, damage to personal property, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of CareReq (including, without limitation, the promoting, advertising, purchasing or selling of a service offering on or through CareReq) or the Content, including without limitation any damages caused by or resulting from your reliance on CareReq, the Content or Verifying Information or other information obtained from CareReq or any other Released Party or accessible via CareReq, or that result from mistakes, errors, omissions, interruptions, deletion of User Content or other data, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to CareReq, any User, or any other Released Party's records, programs or services, regardless of legal theory and whether or not we have been warned of the possibility of such damages and whether those damages were foreseeable or not and/or caused by any negligence, misconduct, and/or other action and/or inaction by you or any third party (including, without limitation, CareReq or any Released Party).
- Third-Parties. To the fullest extent permitted by law, without limiting the generality of this Section, or any other section limiting our liability, you agree that we shall not be responsible for the acts or omissions, including but not limited to, the negligent acts or omissions, of our independent contractors, third-party partners, employees, clients, any other third-party service providers and/or any third party software and/or open source software.
- Sole and Exclusive Remedy. If you are dissatisfied with CareReq, do not agree with any part of the Terms, or have any other dispute or claim with or against us or any other Released Party, then your sole and exclusive remedy is to discontinue accessing and using CareReq.
- Indemnification. You shall defend, indemnify and hold harmless CareReq and the other Released Parties from any and all claims, losses, demands, damages, liabilities, costs (including reasonable legal fees), taxes, expenses and proceedings of every kind and nature, known and unknown, which may arise from or are in any way connected with, among other things (the “User Claims”), (i) your violation of these Terms; (ii) your violation of any third-party right or the rights of another User; (iii) any breach of a representation or warranty made by you to us, either in the Terms or otherwise; (iv) our use of your User Content and Verifying Information uploaded to CareReq or otherwise provided to us; (vi) the use of CareReq by any person to whom you give access to your User Account; (v) your use of, access to, and/or activities in connection with CareReq (including, without limitation, your communication, any interaction with and provision of services or products to a Client); (vii) the promotion, advertisement, sale or purchase of any service offering on or through CareReq; (viii) the quality, hygiene (as applicable), health implications (including, without limitation, allergies, if and as applicable) misrepresentation, use, misuse, delivery (including, without limitation, as applicable, shipping), defect, damage (including, without limitation, to (A) any service offering advertised, promoted, purchased, offered or sold; (B) any person physically or emotionally; or (C) any personal or commercial property), loss of life, loss or return thereof or related to any product or service offering advertised, promoted, sold or purchased on or through CareReq); (ix) any negligent, reckless, or intentionally wrongful act; or (x) any failure to use CareReq in accordance with all applicable laws, rules, and regulations. For clarity, the Client shall defend, indemnify and hold harmless CareReq and the other Released Parties from any and all User Claims, including any such claims from Recipients, arising out of or in relation to any misrepresentation made by the Client, including in relation to Recipients, (including, without limiting the generality of this provision, for not obtaining their consent to disclose their personal information, or consent to receive the services). Also, the Provider shall defend, indemnify and hold harmless CareReq and the other Released Parties from any and all User Claims, including any such claims from Recipients, arising out of or in relation to any misrepresentation made by the Providers or for any Claims related to the services rendered by the Provider to the Clients or Recipients.
- Disputes between Users. CareReq reserves the right, but has no obligation, to monitor and/or manage disputes between you and other Users. If you have a dispute with other Users, you release and hereby agree to indemnify, defend and hold harmless CareReq and their Released Parties from any and all claims, demands, losses, damages, costs, taxes, expenses, proceedings and liabilities (including reasonable legal fees) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
- Waiver of Trial By Jury. To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of the Terms.
- Disclosure of Information. We reserve the right to provide your User Content, Registration Data, Verifying Information and other user information (including but not limited to your personal and/or business information) uploaded to or collected by CareReq on or in connection with CareReq, to third-parties, if required by law (such as in response to a subpoena, court order or other legal process in any jurisdiction), and to cooperate with law enforcement authorities in the investigation of any criminal or civil matter. If we are required by law to make any disclosure of your User Content, Registration Data, Verifying Information or personal and/or business information, we may (but are not obligated to) provide you with written notice (to the extent permitted by law) prior to such disclosure so that you may take appropriate action.
- Termination. Notwithstanding any provision of these Terms, CareReq reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use CareReq, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of CareReq or Content; (c) change, suspend or discontinue any aspect of CareReq or Content; and/or (d) impose limits on CareReq or Content. CareReq is not available to Users who have had their User Account temporarily or permanently deactivated.
- Modification. CareReq reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policies, guidelines, rules, obligations, agreements or documents communicated through or applicable to CareReq, at any time and in its sole discretion. If we do so, we will notify you at the e-mail address you provide in your Registration Data, if any, and/or we will post a notice on your User Account page or elsewhere on CareReq visible to you the next time you access CareReq. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on CareReq, and your continued use of CareReq after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies, guidelines, rules, obligations, agreements or documents communicated through CareReq or incorporated in the Terms to understand the terms and conditions that apply to your use of CareReq. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using CareReq. If you have any questions about the Terms, please email us at firstname.lastname@example.org.
- Communications. By creating a User Account, you agree to receive certain communications from CareReq. For example, you may receive notifications, a newsletter and/or other promotional e-mails. You can opt-out of non-essential communications. Notices that we give you (other than notice of modification of these Terms, which is discussed in Section 20 above) may be provided in any of the following ways. First, we may email you at the contact information you provide in your Registration Data or on your User Account. Second, we may post a notice to you on your User Account page. Third, we may post the notice elsewhere on CareReq. When we post notices on CareReq, we post them in the area(s) of CareReq suitable to the notice. It is your responsibility to periodically review CareReq and your User Account page for notices.
- Communication Channels. CareReq may provide communication channels such as forums, communities or chat areas (“Communication Channels”) designed to enable you to communicate with other Users. CareReq is under no obligation to monitor these Communication Channels, but may do so and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. CareReq may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by Users on the Communication Channels are neither endorsed nor controlled by CareReq, and these communications shall not be considered reviewed or approved by CareReq. You will be solely responsible for your activities within the Communication Channels and under no circumstances will CareReq be liable for any activity within the Communication Channels. You agree that all your communications within the Communication Channels are public, and you have no expectation of privacy regarding your use of the Communication Channels. CareReq is not responsible for information that you choose to share on the Communication Channels, or for the actions of other Users.
- Governing Law. CareReq is controlled by CareReq and operated by it from its offices in Toronto, Ontario. You and CareReq both benefit from establishing a predictable legal environment in regard to CareReq. Therefore, you and CareReq explicitly agree that all disputes, claims or other matters arising from or relating to your use of CareReq will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
- Dispute Resolution. Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to (a) these Terms; (b) CareReq or Content; (c) oral or written statements relating to these Terms or to CareReq; or (d) the relationships that result from these Terms or CareReq or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against CareReq related to any Claim and, where applicable, you also agree to opt out of any class proceedings against CareReq. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.
- Court. To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
- Other Jurisdictions. If you choose to access CareReq from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify CareReq and the other Released Parties for your failure to comply with any such laws.
4. User Accounts; Registration Data; Account Security; Verifying Information
5. Provider Representations and Responsibilities
By signing up as a Provider on CareReq, you represent, warrant, and agree to the following at all times while using CareReq. For clarity, any reference to “you” or “your” in this Section 5, shall pertain to the Provider.
6. Client Representations and Responsibilities
By signing up as a Client on CareReq, you represent, warrant, and agree to the following at all times while using CareReq. For clarity, any reference to “you” or “your” in this Section 6, shall pertain to the Client, unless further specified to mean the Health Care Facilities.
7. Fees, Refunds and Bookings
8. Ownership, Copyright and Trademarks
9. License to Use CareReq, License Restrictions and Restricted Activities
10. Your Limited License of Your User Content to CareReq
11. User Content Guidelines and Reviews Guidelines
12. Security of CareReq
To ensure reliability and to protect the User Content, we use high grade hosting services and security technologies that we believe will provide you with a secure and safe environment. For example, all Content and information on CareReq is encrypted using SSL certificates. However, no system is perfectly secure or reliable. The internet is an inherently insecure medium, and the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured. When you use CareReq, you accept these risks and the responsibility for choosing to use a technology that cannot guarantee complete security and reliability.
13. Third Party/Open Source Software
CareReq may require you to obtain and/or install and/or may contain and/or may connect to third party software, services, add-ons and/or open source software (“Programs”), which may be subject to third party licenses and require notices and/or additional terms and conditions (“Third Party Licenses”). These Third Party Licenses are made a part of and incorporated into these Terms. By accepting these Terms, you are also accepting the Third Party Licenses, if any. Third Party Licenses may be viewed through CareReq or by contacting CareReq at email@example.com.
14. Third-Party Service Providers and Partners
CareReq may hire or engage one or more third-party partners to perform any or all of its obligations under the Terms. We operate CareReq in conjunction with our independent contractors. Our independent contractors and third-party partners may have access to your personal or business information in providing services to us, or providing you with access to CareReq. We may use a variety of third-party service providers, independent contractors, employees and servers in locations both inside and outside of Canada, which may make your personal or business information the subject of foreign laws and foreign legal proceedings.
15. Linked Sites
CareReq may contain links to third party websites (“Third Party Sites”) or third party content (“Third Party Content”) as a service to those interested in this information. You use links to Third Party Sites or any Third Party Content, products or services provided there at your own risk. CareReq does not monitor or have any control over, and makes no claim or representation regarding, such Third Party Content or Third Party Sites. CareReq provides these links only as a convenience, and a link to a Third Party Site or Third Party Content does not imply CareReq’s endorsement, adoption or sponsorship of, or affiliation with, such Third Party Site or Third Party Content. CareReq accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of any Third Party Content, Third Party Sites, or websites linking to CareReq. When you leave CareReq, unless otherwise stated herein, our Terms and policies no longer govern. You should review applicable terms and policies, including, without limitation, privacy and data gathering practices, of any Third Party Site, and you should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
CAREREQ AND THE CONTENT AND VERIFYING INFORMATION ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES FROM CAREREQ OF ANY KIND, EITHER EXPRESS OR IMPLIED. CAREREQ EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CAREREQ DOES NOT REPRESENT OR WARRANT THAT CAREREQ, THE CONTENT OR VERIFYING INFORMATION IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF CAREREQ, THE CONTENT, THE VERIFYING INFORMATION OR ANY PORTION THEREOF.
WHILE WE STRIVE TO HAVE ERROR FREE AND UNINTERRUPTED SERVICE, WE DO NOT GUARANTEE THE ABSENCE OF INTERRUPTIONS NOR SHALL YOU HOLD US LIABLE FOR ANY DAMAGE SUCH INTERRUPTIONS MAY CAUSE.
YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR VETTING AND CONDUCTING YOUR OWN DUE DILIGENCE ON ANY USER YOU COMMUNICATE WITH OR ARE ENGAGING OR ENGAGED BY THROUGH CAREREQ. THERE ARE POTENTIAL RISKS, INCLUDING BUT NOT LIMITED TO THE RISK OF PHYSICAL HARM, WHEN YOU DEAL WITH SOMEONE (PERSON OR ENTITY) YOU CONNECT WITH THROUGH CAREREQ. YOU ASSUME ALL RISKS ASSOCIATED WITH DEALING, AND YOU ARE SOLELY RESPONSIBLE FOR ALL DEALINGS, WITH ALL USERS WITH WHOM YOU MEET, CONTRACT WITH OR COME IN CONTACT WITH THROUGH CAREREQ. WE PROVIDE NO ASSURANCES, GUARANTEES OR REPRESENTATIONS (EXPRESS OR IMPLIED) REGARDING THE QUALITY, REPUTATION, LEGALITY, INTEGRITY, RESPONSIBILITY, TIMELINESS, SUITABILITY, ABILITY OR ACTIONS OF: (A) SERVICES ADVERTISED, PROMOTED, AND/OR OFFERED BY A PROVIDER; OR (B) ANY USER (INCLUDING, WITHOUT LIMITATION, ANY USER’S PERSONNEL, IF AND AS APPLICABLE), WHETHER IN PUBLIC OR PRIVATE, ONLINE INTERACTIONS AND/OR THE PROVISION, DELIVERY OR FAILURE TO DELIVER, PROVIDE OR PERFORM, AS APPLICABLE, ANY SERVICE OFFERING. WE DO NOT ENDORSE, REFER OR RECOMMEND ANY USER OR SERVICE OFFERING. CAREREQ DOES NOT ENDORSE, WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE OFFERING PROMOTED, ADVERTISED, AND/OR SOLD OR PURCHASED ON OR THROUGH CAREREQ. THE ENTIRE RISK ARISING OUT OF YOUR USE OF CAREREQ (INCLUDING, WITHOUT LIMITATION ARISING OUT OF YOUR COMMUNICATION WITH OR ENGAGEMENT BY ANOTHER USER) REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MADE IN THESE TERMS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
17. Limitation of Liability
19. Waiver of Trial By Jury and Disclosure of Information
20. Termination/Modification of License and Service
21. Communications and User Submissions
22. Applicable Law and Venue
23. Termination of these Terms
You and CareReq may terminate these Terms and your use of CareReq at any time, subject to the terms and conditions of these Terms. When you terminate these Terms, you must cease using CareReq immediately. When your User Account is terminated, any User Content you have uploaded to CareReq may remain on CareReq. The license you grant to us in Section 10 therefore survives the termination of these Terms. In addition, we may retain an archival copy of your User Content after termination, and you therefore hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes. If these Terms expire or terminate for any reason, Sections 5, 8, 10, 16, 17, 18, 19, 20, 22, 23 and 24, and any representation or warranty you make in these Terms, shall also survive indefinitely.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Where a provision in the Terms is found to be unlawful, void or for any reason unenforceable, a lawful or enforceable term which best reflects the intention of the provision, as originally drafted, shall substitute. Our failure to enforce any right or provision of the Terms will not be deemed a waiver of such right or provision. Unless otherwise specified, all references to amounts of money in these Terms refer to Canadian (CAD) currency. The Terms shall enure to the benefit of and are binding upon the parties and their respective successors and permitted assigns. CareReq may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of CareReq, and any such attempted assignment will be void and unenforceable. Violation of the Terms may cause us irreparable harm and, therefore, you agree that we will be entitled to seek extraordinary relief including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of the Terms. These Terms constitute the entire agreement between you and CareReq regarding your use of CareReq, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and CareReq regarding your use of CareReq. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
25. Questions and Comments
If you have any questions regarding these Terms or your use of CareReq, please contact us here:
CareReq Technologies Inc.