Last Updated: March 31, 2016
For purposes of these Terms, the “Site” shall mean the ca.care.com web site and any Canadian affiliated websites, web pages, mobile applications and mobile websites operated by CareZen Family Solutions, Inc., a corporation incorporated in British Columbia (“Care.com”). The “Services” shall mean any of the various services that Care.com provides through the Site or any other channels, including over the telephone.
1. DESCRIPTION OF SERVICES; LIMITATIONS; USER RESPONSIBILITIES
1.1. About Our Services
Care.com’s mission is to provide an online venue for families and carers to connect with each other, arrange care, and share advice. We work to fulfill this mission by making available online communication tools, information, and an extended network of care seekers and carers that help our users find and coordinate quality care for children, seniors, pets and home. The Services we offer include, among others:
2. ELIGIBILITY TO USE THE SITE AND SERVICES; REPRESENTATIONS AND WARRANTIES
To be eligible to use our Services, you must meet the following criteria:
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 Care.com’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:
4. VERIFICATION CHECKS
4.1 Consent to run verification checks
YOU AGREE TO ALLOW CARE.COM 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 Care.com. The results of these verification checks are made available to Care.com.
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 Care.com 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 Carer and Care Seeker.
IF YOU DO NOT WANT VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE CARE.COM.
4.2. Release of Liability for Results of Verification Checks
Although Care.com may perform verification checks, it has no obligation to do so. To the extent Care.com 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. Care.com 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 Care.com 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, Care.com reserves the right, at its sole discretion, to immediately terminate your access to all or part of the Care.com Site, to remove your profile and/or any content posted by or about you, from the Site, and/or to terminate your registration in Care.com, with or without notice.
Care.com also reserves the right, in its sole discretion, to terminate your access to all or part of the Care.com Site, to remove your profile and/or any content posted by or about you, from the Site, and/or to terminate your registration in Care.com, 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, Care.com 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 Care.com) or inclusion of advertisements do not constitute an endorsement by Care.com 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
In order to utilize some of Care.com’s Services, Care Seekers must pay for a Premium Member subscription or otherwise pay for the specific Service.
8.1 Billing and Payment for Care Seekers
In order to utilize some of Care.com's Services, Care Seekers and Carers must pay for a Premium Member subscription or otherwise pay for the specific Service. Care Seekers that sign up for a Premium Member subscription agree to pay Care.com all subscription charges associated with the plan they subscribe to as described on the Site at the time they subscribe and provide their payment information. Premium Members authorize Care.com to charge their chosen payment provider according to the terms of the plan to which they subscribe. The subscription period and the amount and frequency of the charges will vary depending on the plan the Premium Member selects.
To the extent you elect to purchase other Services we may offer for a fee, you authorize Care.com to charge your chosen payment provider for the Services you purchase. You agree that if Care.com already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional services you purchase.
8.2 Automatic Subscription, Renewal and Cancellation of Premium Memberships for Care Seekers
Unless you explicitly decline automatic subscription renewals, your Premium Membership subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period as the subscription term you originally selected and at the subscription rate and frequency disclosed to you on the Site when you originally subscribed.
You may cancel your subscription by emailing Care.com Member Care or adjusting your account settings. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term. Your subscription will not be renewed after your then-current term expires, but your credit card will be charged, and you will be required to pay, any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up as a Premium Member.
You acknowledge and agree that the Services are made available to you immediately as soon as you complete your Premium Membership subscription purchase, and therefore that your right to withdraw from your purchase within 7 working days of the date of purchase will be lost once your purchase is completed.
8.3 Billing and Payment for Carers
Certain Services and offerings made available to Carers may require the payment of a fee by such Carers as described hereon or otherwise on the Site. To the extent you elect to purchase other chargeable Services and offerings, you authorize Care.com to charge your chosen payment provider for the Services you purchase.
Care.com may allow Carers to pay a fee to be featured more prominently on the Site. In addition, Care.com may give Carers the ability to purchase credits that can be used by such Carers to exchange information with certain Care Seekers. To the extent applicable, the number of credits necessary to contact a Care Seeker and the expiration date of such credits is disclosed on the Site. Such credits do not have any monetary value and do not constitute a pre funding of stored value that can be used in the future. More information about credits can be found here.
8.4 Refund Policy
To the extent permitted by law, Care.com does not as a general rule provide refunds or credits for subscription or other purchase cancellations. However, Care.com may in its sole discretion issue refunds or credits when it believes they are warranted.
8.5 Free Trial Offers
Care.com may offer limited-time free trial Premium Membership subscriptions to Care Seekers from time-to-time. Care Seekers who sign up for Care.com Premium Membership on a free trial basis may have limited access to the features of the Site. If a Care Seeker does not cancel their subscription prior to the end of the free trial period, the Care Seeker will be charged the price then in effect for a monthly subscription to the Service, unless otherwise provided to him or her when he or she originally subscribed. To avoid being charged for Premium Membership services, a Care Seeker with a free trial subscription must cancel their subscription prior to the end of the free trial period.
9. RELEASE OF LIABILITY FOR USER CONDUCT AND DISPUTES
We are not an employer of Carers nor are we an employment agency or a recruitment agency for any Carer or Care Seeker. Care Seekers may seek the services of a Carer through the use of the Site or Services, and Carers may post profiles and submit proposals to Care Seekers regarding their services. However, any agreement between a Care Seeker and a Carer regarding the provision of services is solely between the Care Seeker and the Carer; Care.com is not a party to any such agreement. Any issues concerning the conduct of a Care Seeker or Carer including, without limitation, the services received by the Care Seeker or payment due to the Carer, must be resolved directly by the Care Seeker and the Carer. Care.com 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 Care.com harmless for any claim or controversy that may arise from any disputes between you and any other user(s) of the Site. Care.com will use its reasonable efforts to monitor Carer and Care Seeker profiles, comments, and general usage of the Site and suspend privileges to any Care Seeker or Carer 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. In addition, you agree to visit the Care.com Safety Centre prior to using the Service. By using the Site or the Services, you do hereby agree to report any alleged improprieties of any users therein to Care.com immediately by notifying Care.com of the same via electronic correspondence.
10. AGE RESTRICTIONS
Care.com is intended for people 18 or over. Care Seekers and Carers should monitor children’s use of the Internet and deny access to the Site to anyone under the age of 18. Care.com will not knowingly collect any information from individuals under 18. You must identify your age during the registration process, 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 Care.com, 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, CARE.COM 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 CARE.COM; (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, CARE.COM 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, CARE.COM 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 CAREGIVER OR TO EMPLOY THE SERVICES OF A CAREGIVER.
11.2. Assumption of Risk
YOU ARE AWARE THAT THERE ARE MANY risks AND DANGERS IN MAKING EMPLOYMENT AND HIRING DECISIONS FOR CARE 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, Care.com’s liability for fraudulent misrepresentation, death or personal injury caused by Care.com’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 Care.com 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 termination of your subscription or 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 Care.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL CARE.COM’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID CARE.COM FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 OR ITS EQUIVALENT.
No Liability for non-Care.com Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CARE.COM 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. Care.com 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 PREMIUM MEMBER CARE SEEKER 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 British Columbia, 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 British Columbia, for the resolution of any such dispute.
IF THE SERVICES ARE OFFERED IN QUEBEC AND YOU ARE A PREMIUM MEMBER CARE SEEKER OR A CARER 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 British Columbia, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the courts of British Columbia, 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 Care.com, or need to notify Care.com as to any matters relating to the Site or Services please contact Care.com at:
CareZen Family Solutions, Inc.
20th Floor, 250 Howe Street
Vancouver, BC V6C 3R8