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Last updated: January 3, 2019
- Please read these Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms in their entirety whether or not you register as a user of the Site or Services (“Registered Users”).
For purposes of these Terms, the “Site” shall mean the sitterhood.ca web site and any Canadian affiliated websites, web pages, mobile applications and mobile websites operated by Sitterhood Inc., a corporation incorporated in Ontario (“Sitterhood.ca”). The “Services” shall mean any of the various services that Sitterhood.ca provides through the Site or any other channels, including over the telephone.
- DESCRIPTION OF SERVICES; LIMITATIONS; USER RESPONSIBILITIES
- ELIGIBILITY TO USE THE SITE AND SERVICES; REPRESENTATIONS AND WARRANTIES
- RULES FOR USER CONDUCT AND USE OF SERVICES
- VERIFICATION CHECKS
- TERMINATION OF REGISTRATION
- LINKS TO EXTERNAL SITES
- PAYMENT AND REFUND POLICY FOR CARE SEEKERS
- RELEASE OF LIABILITY FOR USER CONDUCT AND DISPUTES
- AGE RESTRICTIONS
- DISCLAIMERS; LIMITATIONS; WAIVERS; INDEMNIFICATION
- JURISDICTION AND CHOICE OF LAW
- CONTACT INFORMATION
- DESCRIPTION OF SERVICES; LIMITATIONS; USER RESPONSIBILITIES
1.1. About Our Services
Sitterhood.ca’s mission is to create an online community where parents can connect with each other for occasional childcare needs. We deliver on this mission by providing an online venue where parents seeking childcare (Childcare Seekers) can access and connect with a network of parents providing childcare (Sitters).
The services Sitterhood.ca offers include, among others:
- We enable Sitters to post their profile on the Site
- We provide search tools to help Childcare Seekers to find Sitters by location and enable them to connect through a private messaging platform without sharing personal identification or contact information
- We provide a payment portal which allows Childcare Seekers to pay Sitters
Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.
1.2. Limitations of Our Services
We offer an online forum that among other things enables Sitters to post profiles and interact with Childcare Seekers.
However, Sitterhood Inc. is not a party to any agreements entered into between Sitters and Childcare Seekers, nor is Sitterhood Inc. an agency, employer, placement company or insurer. Sitterhood Inc. has no control over the conduct of users of the Services, and disclaims all liability in this regard to the maximum extent permitted by law. We do not provide referral services. We do not charge Sitters or Childcare Seekers a fee, a commission or other compensation based on a decision to, or not to, enter into an employment or independent contractor arrangement.
We are not a party to any agreement between a Sitter and a Childcare Seeker. Childcare Seekers are the potential employers of Sitters and are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable employment standards legislation (including minimum wage laws), occupational health and safety legislation, and worker’s compensation insurance or benefit programs).
There are risks, including but not limited to risk of physical harm, when you deal with someone you connect with through our Site. You assume all risks associated with dealing with other persons with whom you come in contact through the Site.
We provide no assurance or representation (express or implied) regarding the quality, timing, or legality of the services actually delivered by Sitters or the integrity, responsibility or actions of Childcare Seekers or Sitters. We do not refer or recommend either Childcare Seekers or Sitters nor do we make any representations about the suitability, reliability, timeliness, and accuracy of the services provided by Sitters or the integrity, responsibility or actions of Childcare Seekers or Sitters whether in public, private or offline interactions.
Childcare Seekers and Sitters content is primarily user generated, and we do not control or vet user generated content for accuracy as a general matter. Sitterhood.ca does not assume any responsibility for the accuracy or reliability of any information provided by Sitters or Childcare Seekers on or off this Site.
Sitterhood.ca is not responsible for the conduct, whether online or offline, of any user of the Site or the Services. Moreover, Sitterhood.ca does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. All users, including both Childcare Seekers and Sitters, do hereby expressly agree not to hold Sitterhood.ca (or Sitterhood.ca’s officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, resellers, or employees, hereinafter “Affiliates”) liable for the actions or inactions of any Childcare Seeker or Sitter or for any information, instruction, advice with originated or services that were arranged through the Site, and, to the maximum extent permissible under applicable law, Sitterhood.ca and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
PLEASE REVIEW THE DISCLAIMER OF LIABILITY, LIMITATION OF LIABILITY AND INDEMNITY PROVISIONS BELOW.
1.3. User Responsibilities
You are solely responsible for interviewing, performing reference checks on, verifying information provided by, and selecting an appropriate Childcare Seeker or Sitter.
Subject to applicable law, we may, at our option, conduct limited screening of a Childcare Seeker or Sitter through verification checks, as further described in section 4. Do not rely on this limited screening as complete, accurate, up-to-date or conclusive of the individual’s or entity’s suitability as an employer or childcare provider.
Each Childcare Seeker is also responsible for complying with all applicable employment, non-discrimination and other laws in connection with any employment relationship they establish, including verifying the age of the Sitter they select is 18 years of age or older as well as the Sitter’s eligibility to work in Canada.
2. ELIGIBILITY TO USE THE SITE AND SERVICES; REPRESENTATIONS AND WARRANTIES
To be eligible to use our Services, you must meet the following criteria:
- You must be eighteen (18) years of age or older and have the capacity to form legally binding contracts under applicable law. If you are not eighteen (18) years of age or older do not register to use the Site or Services.
- You must reside in a postal code region in which Sitterhood.ca currently offers the Services.
- If you are a Childcare Seeker, you must be a citizen or legal resident of Canada or hold a valid Canadian visa.
- If you are a Sitter, you must be a citizen or legal resident of Canada or hold a valid Canadian visa entitling you to work in Canada. IF YOU ARE A SITTER AND NOT LEGALLY ENTITLED TO WORK IN CANADA DO NOT REGISTER TO USE THE SITE OR SERVICES.
- You must not be, or work for, a competitor of Sitterhood.ca or using our Services for reasons that are in competition with Sitterhood.ca.
By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof.
Because of the type of care services, the setting of the childcare services and the nature of the relationship between Sitter and Childcare Seeker, you represent and warrant that you (i) have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any criminal offense involving violence, abuse, neglect, theft or fraud, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, and (ii) are not nor have ever been registered, and are not currently required to register, as a sex offender with any government entity.
By using our Services, you agree that we may request verification checks using your Personal Information, in accordance with our Data Policy. We do this to verify the information you provide us (such as your name, address, email address, etc.), the representations and warranties you make in the Terms and on the Site (such as representations regarding your criminal background), and your suitability for Sitterhood.ca. The results of these verification checks are made available to Sitterhood.ca.
We may use third party service providers to perform these verification checks. Our third party service providers may conduct verification checks against a variety of materials which, subject to applicable law, may include but not be limited to media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, criminal databases, sex offender registries and other data to perform these verification checks.
3. RULES FOR USER CONDUCT AND USE OF SERVICES
3.1. Registration, Posting, and Content Restrictions
The following rules pertain to User Content, defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through sitterhood.ca's Services, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles (collectively, “Content”) that you publish or display (hereinafter, “post”). By transmitting and submitting any User Content while using our Service, you agree, represent and warrant as follows:
- You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services.
- You will register your account in your own legal name, even if you are seeking childcare for another individual or family member.
- You are solely responsible for any content, messages, photos, videos, reviews or profiles (collectively, “Content”) that you publish or display (hereinafter, “post”) on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any User Content emanates from Sitterhood.ca where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to Sitterhood.ca or to any other user of the Site, and all opinions stated as part of User Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others.
- You understand and agree that Sitterhood.ca may, in its sole discretion, review and delete any Content, in each case in whole or in part, that in the sole judgment of Sitterhood.ca violates this Agreement or which Sitterhood.ca determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, threaten the safety of users of the Site, or otherwise violate these Terms or community standards.
- You have the right, and hereby grant to Sitterhood.ca, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by Sitterhood.ca will not infringe or violate the rights of any third party.
- Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
- Sitterhood.ca is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.
You agree that Sitterhood.ca is not required to moderate, verify or remove any reviews or other information posted on the Site about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these terms. You may not terminate your registration and re-register in order to prevent a review from being associated with your account.
Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by Sitterhood.ca, are those of their respective authors. Such authors are solely responsible for such content. Sitterhood.ca does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will Sitterhood.ca or its Affiliates be responsible for any loss or damage resulting from: a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or b) reviews or comments made about you on the Site by other users.
SITTERHOOD.CA DOES NOT ENDORSE ANY STATEMENT, REVIEW OR REPRESENTATION MADE BY A USER OF THIS SITE. YOU MAY NOT ATTRIBUTE ANY STATEMENT, REVIEW OR REPRESENTATION TO SITTERHOOD.CA OR ANY DIRECTOR, OFFICER, EMPLOYEE, SERVICE PROVIDER OR AGENT OF SITTERHOOD.CA.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SITTERHOOD.CA DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THE SITE.
YOU HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD SITTERHOOD.CA HARMLESS FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY YOU ON THIS SITE OR IN ANY OTHER VENUE.
3.2. Exclusive Use
Your account is for your sole, personal use. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.
3.3. Prohibited Uses
By using the Site or Services of Sitterhood.ca, you agree that you will not under any circumstances:
- use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the Services for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user’s Sitterhood.ca account without permission;
- provide false or inaccurate information when registering an account on Sitterhood.ca, using our Services or communicating with other Registered Users;
- attempt to re-register with Sitterhood.ca if we have terminated your account for any or no reason;
- interfere or attempt to interfere with the proper functioning of sitterhood.ca’s Services;
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
- use the communication systems provided by or contacts made on Sitterhood.ca for any commercial solicitation purposes; or
- publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
In order to protect our users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the number of emails which a user may send to other users in any 24-hour period to a number which we deem appropriate in our sole discretion.
Should Sitterhood.ca find that you violated the terms of this Section or any terms stated herein, Sitterhood.ca reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services.
Further, in order to protect the integrity of the Site and the Services, Sitterhood.ca reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
4. VERIFICATION CHECKS
4.1 Consent to run verification checks
YOU AGREE TO ALLOW SITTERHOOD.CA TO PERFORM VERIFICATION CHECKS.
We may use third party service providers to perform verification checks. If we perform verification checks, we perform them to verify the information you provide us (such as your name, address, email address, etc.), the representations and warranties you make in the Terms and on the Site (such as representations regarding your criminal background), and your suitability for Sitterhood.ca. The results of these verification checks are made available to Sitterhood.ca.
The results of any verification checks on you may impact your ability to access and use the Services. You are not eligible to register with Sitterhood.ca if any of your verification checks results indicate that you have falsified your legal name, address or date of birth, or indicate any background information that, in our sole discretion and subject to applicable law, disqualifies you from using our Site or Services given the type of care services, the setting of the care services, and the nature of the relationship between Sitter and Childcare Seeker.
IF YOU DO NOT WANT VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE SITTERHOOD.CA.
4.2. Release of Liability for Results of Verification Checks
Although Sitterhood.ca may perform verification checks, it has no obligation to do so. To the extent Sitterhood.ca performs such checks on certain Registered Users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive of accuracy of any of the information those users have provided or of their eligibility to use the Services.
Furthermore, verification checks are performed by separate third party verification services. Sitterhood.ca does not have control over or assume, and expressly disclaims, any responsibility for the quality, accuracy, or reliability of, and any liability that may result from the use of, or reliance on, the information such third party services provide.
5. TERMINATION OF REGISTRATION
Should Sitterhood.ca determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Policies, are not suitable for participation as a Registered User, or have misused or misappropriated Site content, including but not limited to, use on a “mirrored”, competitive, or third party site, Sitterhood.ca reserves the right, at its sole discretion, to immediately terminate your access to all or part of the Sitterhood.ca Site, to remove your profile and/or any content posted by or about you, from the Site, and/or to terminate your registration in Sitterhood.ca, with or without notice.
Sitterhood.ca also reserves the right, in its sole discretion, to terminate your access to all or part of the Sitterhood.ca Site, to remove your profile and/or any content posted by or about you, from the Site, and/or to terminate your registration in Sitterhood.ca, for any reason or no reason, with or without notice. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.
Following any termination of any individual’s use of the Site or the Services, Sitterhood.ca reserves the right, subject to applicable privacy laws, to send a notice thereof to other Registered Users with whom we believe the individual has corresponded.
7. LINKS TO EXTERNAL SITES
Links from the Site to external sites (including external sites that are framed by Sitterhood.ca) or inclusion of advertisements do not constitute an endorsement by Sitterhood.ca of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users’ reference and convenience.
8. PAYMENT AND REFUND POLICY
Sitterhood.ca does not have access to any credit card or banking information provided by the Childcare Seekers or Sitters.
8.1 Payment for Sitters
Payments for services provided by Sitters are processed through STRIPE, a secure online payment portal. The Sitter needs to accept a booking request before a payment is transferred to STRIPE. If the booking is not accepted within 3 days or before the booking date (whatever comes first), the transaction is cancelled and no money is transferred to the Sitter. Once accepted, the payment is captured from the credit card and funds are put on hold through STRIPE. Both parties will receive a receipt of the transaction via email. Once the booking has been marked as complete (by the Childcare Seeker or automatically after the booking date has passed), the payment will be processed from the STRIPE portal to the Sitter’s bank account (within approximately 7 days).
8.2 Billing for Childcare Seekers
Childcare Seekers must provide a Credit Card at the time of a booking request. The payment is processed immediately and held with STRIPE, a secure online payment portal.The Sitter needs to accept the booking before the money is transferred to STRIPE. If the booking is not accepted within 3 days or before the booking date (whatever comes first), the transaction is cancelled and no money is transferred to the Sitter. Once accepted, the payment is captured from the credit card and funds are put on hold through STRIPE. Both parties will receive a receipt of the transaction via email. Once the booking has been marked as complete (by the Childcare Seeker or automatically after the booking date has passed), the payment will be processed from the STRIPE portal to the Sitter’s bank account (within approximately 7 days).
8.4 Refund Policy
Childcare Seekers can request a refund by clicking the Dispute button in the transaction conversation thread. An email should also be send to firstname.lastname@example.org with the request details. A refund can only be done before a transaction has been marked as completed. A refunded transaction must always be marked as Disputed by the Childcare Seeker. Childcare Seekers will receive a refund within 30 days.
9. RELEASE OF LIABILITY FOR USER CONDUCT AND DISPUTES
We are not an employer of Sitters nor are we an employment agency or a recruitment agency for any Sitter or Childcare Seeker. Childcare Seekers may seek the services of a Sitter through the use of the Site or Services, and Sitters may post profiles to promote their services. However, any agreement between a Childcare Seeker and a Sitter regarding the provision of services is solely between the Childcare Seeker and the Sitter; Sitterhood.ca is not a party to any such agreement. Any issues concerning the conduct of a Childcare Seeker or Sitter including, without limitation, the services received by the Childcare Seeker or payment due to the Sitter, must be resolved directly by the Childcare Seeker and the Sitter. Sitterhood.ca will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site or our Services, you do hereby represent, understand, and expressly agree to indemnify and hold Sitterhood.ca harmless for any claim or controversy that may arise from any disputes between you and any other user(s) of the Site. Sitterhood.ca will use its reasonable efforts to monitor Sitters and Childcare Seeker profiles, comments, and general usage of the Site and suspend privileges to any Childcare Seeker or Sitter not adhering to the Policies. You agree to take reasonable precautions in all interactions with other users of the Site or the Services, particularly if you decide to meet offline or in person. By using the Site or the Services, you do hereby agree to report any alleged improprieties of any users therein to Sitterhood.ca immediately by notifying Sitterhood.ca of the same via electronic correspondence.
10. AGE RESTRICTIONS
Sitterhood.ca is intended for people 18 or over. Childcare Seekers and Sitters should monitor children’s use of the Internet and deny access to the Site to anyone under the age of 18. Sitterhood.ca will not knowingly collect any information from individuals under 18 and we do not assume any responsibility for any misrepresentations regarding your age when using this Site. Should we determine that you are under the age of 18, your registration will be terminated immediately.
11. DISCLAIMERS; LIMITATIONS; WAIVERS; INDEMNIFICATION
11.1 No Warranty
If Quebec law applies to these terms, there are no warranties provided and no liability to you other than those warranties that are required to be provided and those liabilities that may not be disclaimed pursuant to the provisions Civil Code of Quebec.
The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is”, “as available”. Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Sitterhood.ca, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SITTERHOOD.CA DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN SITTERHOOD.CA; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SITTERHOOD.CA EXPRESSLY excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.
IN ADDITION AND WITHOUT LIMITING THE FOREGOING, SITTERHOOD.CA MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY REGISTERED USER OF OUR SITE TO PROVIDE SERVICES AS A SITTER OR TO EMPLOY THE SERVICES OF A SITTER.
11.2. Assumption of Risk
YOU ARE AWARE THAT THERE ARE MANY risks AND DANGERS IN MAKING EMPLOYMENT AND HIRING DECISIONS FOR CHILDCARE SERVICES. THESE RISKS AND DANGERS INCLUDE PHYSICAL AND MENTAL ABUSE, BODILY HARM, MENTAL DISTRESS AND THEFT, NEGLIGENCE OF OTHER USERS, AND THE FAILURE OF OTHERS TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT YOU FROM THE RISKS AND DANGERS.
YOU FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS AND DANGERS when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with Registered Users of the Site or the Services. You agree to take all necessary precautions when interacting with other Site Visitors or Registered Users.
11.3. Limitation of Liability
Nothing in these Terms limits or excludes, or will be deemed to limit or exclude, sitterhood.ca’s liability for fraudulent misrepresentation, death or personal injury caused by sitterhood.ca’s negligence or liability that may not otherwise be limited or excluded by law, such as in Quebec.
IN ALL OTHER CASES:
Incidental Damages and Aggregate Liability. In no event will Sitterhood.ca be liable for any indirect or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Sitterhood.ca, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL SITTERHOOD.CA’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE.
No Liability for non-sitterhood.ca Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SITTERHOOD.CA BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY (EXCEPT IN QUEBEC TO THE EXTENT THE SERVICES ARE AVAILABLE IN QUEBEC), EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENCES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Sitterhood.ca makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
12. JURISDICTION AND CHOICE OF LAW
If you are a CHILDCARE SEEKER OR A SITTER NOT RESIDENT IN QUEBEC: Any dispute arising out of the Site and/or the Services shall be governed, subject to applicable consumer protection laws of the province or territory where you reside, by the laws of the Province of Ontario, without regard to its conflict of law provisions. Subject to applicable consumer protection laws of the province or territory where you reside, you expressly agree and consent to the exclusive jurisdiction and venue of the courts of Ontario, for the resolution of any such dispute.
IF THE SERVICES ARE OFFERED IN QUEBEC AND YOU ARE A CHILDCARE SEEKER OR A SITTER RESIDENT IN QUEBEC: Any dispute arising out of the Site and/or the Services shall be governed by the laws of the Province of Quebec, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the courts of Quebec, for the resolution of any such dispute.
IN ALL OTHER CASES: Any dispute arising out of the Site and/or the Services shall be governed by the laws of the Province of Ontario, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the courts of Ontario, for the resolution of any such dispute.
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
14. CONTACT INFORMATION
If you have any questions or need further information as to the Site or Services provided by Sitterhood.ca, or need to notify Sitterhood.ca as to any matters relating to the Site or Services please contact Sitterhood.ca at email@example.com
Last updated: January 3, 2019
Sitterhood Inc. (sitterhood.ca) values our customers and we respect your privacy and personal information which is information about an identifiable individual (as defined by applicable privacy or data protection laws).
The Site may contain links to third parties' websites or apps. We are not responsible for the privacy practices or the content of those websites. The Site may also contain links to terms and conditions and privacy policies of third party providers who provide tools or services on a website. Therefore, please read carefully any privacy policies on those links or websites before either agreeing to their terms or using those tools, services or websites.
The terms "you", "User", "Service Seeker" and "Service Provider" refer to individuals who use this Platform for the purposes of the Services offered.
Sitterhood.ca is responsible for Personal Information under its control, including the transfer of Personal Information to a third party service provider for processing on sitterhood.ca's behalf.
What Information Do We Gather?
When you sign up for a User Account through the Platform, you voluntarily give us certain personal information including your name, e-mail address, first name, last name, number of children and location (can be neighbourhood/postal code, does not need to be a specific address).
By using the Messaging Platform available through the Site, you agree that a copy of your messages made through the Messaging Platform will be recorded and stored for the purposes of safety and protecting our Users from misuse of sitterhood.ca's Services. The collection of information from the Messaging Platform is done so in accordance with the terms in this Policy.
If you have registered as a Sitter, certain sensitive information including your address and financial information including your bank account information is collected where it is necessary for processing payments for services rendered. This information is collected and stored through a secure online payment portal (STRIPE).
How We Use Your Personal Information
We use the Personal Information we collect about you in order to provide you with the Services offered by Sitterhood.ca and you agree that we may use your Personal Information for the following purposes:
- For the Services offered by Sitterhood.ca through the Site
- To support any requests or inquiries made by you
- To contact you from time to time with user or Service updates
- To assist you and the User(s) you have done (or have agreed to do) business with through Sitterhood's Services
- To customize, measure, report on and improve our services, content and advertising
- To learn more about you and your product preferences by looking at the IP address of your computer and your activity on the Website (among other things)
- To promote services related to Sitterhood.ca
- To prevent, investigate or prosecute activity we think may be potentially illegal, unlawful or harmful
How and Where is Personal Information Processed?
Personal Information will be collected, processed, stored and used by Sitterhood.ca and may be passed to and processed by other companies under the instruction of Sitterhood.ca. Your Personal Information may be processed and/or stored outside of Canada. While Sitterhood.ca undertakes measures to protect your Personal Information, when it is stored and/or processed in other jurisdictions, the laws of other countries may not provide the degree of protection for Personal Information that is available in Canada. If your Personal Information is transferred outside of Canada, it may be available to the foreign government of the country in which the information or entity controlling it is situated under a lawful order made in that country and used for purposes other than those described herein. By providing us with your information, you are allowing your Personal Information to be transferred outside of Canada.
Sitterhood.ca may use Google Analytics to gather statistics on web traffic, Site usage and information on User behaviour. Google Analytics is a web analysis service provided by Google Inc. ("Google"). Google utilizes the Data collected to track and examine Application use, to prepare reports on an Application's activities and share them with other Google services. In addition, Sitterhood.ca and its Website allows for User interaction with social media networks and other external platforms directly from the Website. The interaction and information obtained is subject to the terms and conditions and privacy policies of Google and the social media and third-party platforms, respectively.
Sharing Your Personal Information
In accordance with this Policy, we may share your Personal Information including Financial Information, with our service providers, and third parties involved in providing Payroll Services to you. We may also share information with our financial, insurance, legal, accounting or other advisors that provide professional services to us.
We will not disclose, share, sell or rent your Personal Information in personally identifiable form with any third party, except if, and to the extent necessary, in our good faith judgment, doing so is required to: complete the Services offered by Sitterhood.ca, comply with laws or regulations, respond to a valid subpoena, order, or government request; establish or exercise the Company’s legal rights or defend against legal claims; investigate, detect, suppress, prevent or take action regarding illegal or prohibited activities, suspected fraud, situations involving potential threats to the reputation or physical safety of any person; or as otherwise required by law.
We may remove personal identifiers from your information and maintain and use it in anonymous form that may later be combined with other information to generate aggregated information. Such anonymous and aggregated information may be sold, traded, rented, or shared.
We will retain your personal information only for a time and to the extent necessary for the purposes for which it was collected as described in this Policy and for reasonable backup, archival, audit, or other similar purposes.
Accessing and Updating Your Personal Information
At any time you can contact us to: stop receiving e-mails from us; review the personal information held by the Company in connection with your account; withdraw your consent for our use and disclosure of your information; request a list of third parties to which Sitterhood.ca may have provided your personal information; close your account; and amend your personal information, where possible, by logging into your User Account.
If you contact us to do any of the things listed above, we may require you to provide sufficient information to allow us to identify you and tell you about the existence, use and disclosure of your Personal Information and this Personal Information will only be used for this purpose. If you contact us about your Personal Information, we will respond to your request within a reasonable time and at no cost to you.
Links and Third-Party Websites
Data Integrity and Security
We aim to provide you with a safe experience. We have in place certain physical, electronic, technological, and organizational safeguards to appropriately protect the security and privacy of your personal information against loss, theft, and unauthorized access, disclosure, copying use or modification. Please note, however, that while we try to create a secure and reliable Site for users, the confidentiality of any communication or material transmitted to or from the Site or via e-mail cannot be guaranteed.
We limit access to your personal information within Sitterhood.ca to individuals on a need-to-know basis.
Children's Online Privacy Protection
The Site is not intended for use by children under the age of 18 without the consent of their parent or legal guardian. Sitterhood.ca does not knowingly collect or use any personal information from any children under the age of 13. If we become aware that we have unknowingly collected personal information from a child under the age of 13, we will make commercially reasonable efforts to delete such personal information from our database.
PO BOX 90032