Last updated: May 1, 2019

These Terms of Use (the “Terms” or “Agreement”) set forth the terms and conditions under which individuals residing in Canada may use the Gotcare.ca Site and/or the Gotcare.ca Services (as defined below). Certain Gotcare.ca Services are subject to additional policies, rules and terms and conditions, which you may be required to agree to as a condition of using those Services (“Additional Terms”). In those cases, the applicable Additional Terms are set forth in the printed or online Service materials relating to those Services.

• Please read these Terms and any applicable Additional 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 and any applicable Additional Terms in their entirety whether or not you register as a user of the Site or Services (“Registered Users”).
• These Terms include the Gotcare.ca Privacy Policy, which is incorporated herein. If you object to anything in these Terms, the Privacy Policy or any applicable Additional Terms, do not use the Site or the Services.
• These Terms are subject to change by Gotcare.ca at any time, subject to the following notification process. Any use of the Site or the Services by you after the effective date of any changes will constitute your acceptance of such changes. These Terms supersede all prior versions of the Terms.

About Our Services

Gotcare.ca offers various Services to help its users find, coordinate, and maintain quality home care. The Services we offer include, among others:

• We enable individuals seeking (“Care Seekers”) care services to submit care requests on the Site, and we enable individuals who provide care services to post profiles on the Site and apply to jobs (“Care Workers”).
• We provide Care Seekers a shortlist of Care Workers based on their needs and preferences indicated in the submitted care request, and provide communications to Care Workers information about the Care Seeker without sharing contact information prior to Care Seeker consent.
• We provide tools and information to help Care Seekers and Care Workers make more informed decisions, such as information sheets and checklists.

Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.

User Responsibilities

Any screening of a Care Seeker or Care Worker and his, her or its information by Gotcare.ca is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual’s or entity’s suitability as a care provider. Registered Users are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate Care Seeker or Care Worker for themselves or their family.

Eligibility to Use the Site and Services

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. You also represent and warrant that you meet the following eligibility criteria.

• The Site and the Services are currently available only to individuals who are legally in Canada.
• If you are registering to be a Care Worker, you must be permitted to legally work within Canada.
• Neither you nor any member of your household may have ever been (i) the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, or (ii) registered, or currently required to register, as a sex offender with any government entity.

Registration and Content Restrictions

The following rules pertain to “Content”, defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through the Site or Services. By posting any 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 are solely responsible for any Content that you 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 Content emanates from Gotcare.ca where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to Gotcare.ca or to any other user of the Site, and all opinions stated as part of 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, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any Content you post to post such Content.
• You understand and agree that Gotcare.ca may, in its sole discretion, review, edit, and delete any Content, in each case in whole or in part, that in the sole judgment of Gotcare.ca violates these Terms or which Gotcare.ca determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others.
• Your use of the Services, including but not limited to the Content you post on the Site, must be in accordance with any and all applicable laws and regulations.
• Gotcare.ca is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.

Gotcare.ca disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any users of the Site. Users hereby represent, understand and agree to hold Gotcare.ca harmless for any misstatements and/or misrepresentations made by or on behalf of them on this Site or in any other venue.

Termination

Gotcare.ca reserves the right, in its sole discretion, to immediately terminate your access to all or part of the Gotcare.ca Site and/or Services, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your account with Gotcare.ca, with or without notice for any reason or no reason in its sole discretion, including without limitation if Gotcare.ca should determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a Registered User, have mis-used or mis-appropriated Site content, including but not limited to use on a “mirrored,” competitive, or third-party site. Upon termination, Gotcare.ca shall be under no obligation to provide you with a copy of any content posted by or about you on the Site. 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, Gotcare.ca reserves the right to send a notice thereof to other Registered Users with whom we believe the individual has corresponded. Our decision to terminate an individual’s registration and/or to notify other Registered Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual’s character, general reputation, personal characteristics, or mode of living.

Assumption of Risk

You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with users of the Site or the Services. You agree to take all necessary precautions when interacting with other site visitors or Registered Users.

Indemnification

By agreeing to these Terms, users of the Site and Services agree to indemnify, defend and hold harmless Gotcare.ca and its Affiliates from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys’ fees and costs incurred by Gotcare.ca and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, (ii) use of the Site or Services by you in violation of these Terms of Use or in violation of any applicable law, or (iii) any relationship or agreement formed with a Care Seeker or Care Worker using the Site or Services. Users further agree that they will cooperate as reasonably required in the defense of such claims. Gotcare.ca and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of Gotcare.ca. Users further agree to hold harmless Gotcare.ca and its Affiliates from any claim arising from a third party’s use of information or materials of any kind that users post to the Site.

Copyright Notices/Complaints

It is Gotcare.ca’s policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting us at support@gotcare.ca.

Consent to Communication

By using the Site or Services of Gotcare.ca, you agree to allow Gotcare.ca to communicate with you electronically, and you consent to electronic delivery of notices or documents from Gotcare.ca via the Gotcare.ca Site, text messages, phone calls, or e-mail.

Contact Information

If you have any questions or need further information as to the Site or Services provided by Gotcare.ca, or need to notify Gotcare.ca as to any matters relating to the Site or Services please contact us at support@gotcare.ca.