- Home Care by Doctors Inc., is a Corporation formed pursuant to the laws of the Province of Saskatchewan, and provides certain services under the trade name, Findhomecare.ca (hereinafter referred to as “Findhomecare.ca”).
- Findhomecare.ca operates a Virtual Platform that connects individuals (hereinafter referred to as “Care Seekers”) with professionals that provide in home services (hereinafter referred to as “Care Givers”).
- By registering with the Findhomecare.ca Virtual Platform, Care Givers and Care Seekers have expressly agreed to be bound by, accept and comply with the terms and conditions as herein discussed.
- Where used in this document, the following terms have the following meanings: (a) “Care Seekers” means individuals seeking the services of a professional individual or company that provides in home services, and who have registered with the Findhomecare.ca Virtual Platform; (b) “Credentials” includes but is not limited to: i. Certification of professional status; ii. Diploma; iii. Criminal record check, with a vulnerable sector check; and iv. Driver’s license (if a Care Giver’s intended services to a Care Seeker include transportation). (c) “Professional” means an individual or company legally certified to offer in home services and may include the following designations: a certified care aide, a registered nurse, a licensed practical nurse or a physician; (d) “Terms and Conditions” means this document; (e) “Verification Seal” means the exclusive approval of a Care Giver’s Credentials by Findhomecare.ca; and (f) “Virtual Platform” means the mobile application and desktop website application developed by Findhomecare.ca for the purpose of connecting Care Seekers with Care Givers for the provision of in home services.
SERVICES OFFERED BY FINDHOMECARE.CA
- Findhomecare.ca agrees to maintain the Virtual Platform for use by Care Givers and Care Seekers. 2.02 Findhomecare.ca agrees to review a Care Giver’s applicable Credentials and, if those Credentials are deemed acceptable by Findhomecare.ca, provide the Care Giver with a Verification Seal. 2.03 Care Givers may advertise their services on the Virtual Platform without a Verification Seal, however under no circumstances shall a Care Giver advertise their services on the Virtual Platform if they have not provided Findhomecare.ca with a valid criminal record check, no older than three months. 2.04 Findhomecare.ca reserves the exclusive r
UNDERTAKINGS OF CARE GIVERS\
- Care Givers agree to: (a) Provide Findhomecare.ca with their applicable Credentials, upon registration with the Virtual Platform, in order to receive a Verification Seal, and anytime thereafter upon the request of Findhomecare.ca. (b) Provide Findhomecare.ca with a valid criminal record check, including a vulnerable sector check, no older than 3 months, upon registration with the Virtual Platform, in order to receive a Verification Seal, and anytime thereafter upon the request of Findhomecare.ca but no less than annually as of the date of the granting of their Verification Seal.
- Care Givers warrant that they are the full age of majority and are legally entitled to enter into binding contractual relations. 4.02 Care Givers warrant that they are Professionals as defined herein at section 1.01(c). 4.03 Care Seekers warrant that they are the full age of majority and are legally entitled to enter into binding contractual relations. 4.04 Care Givers and Care Seekers warrant that the personal information they provide upon registration with the Virtual Platform, and any time thereafter, is their own personal information and that they are not impersonating another individual.
COMPENSATION AND FEES
- All amounts specified within these Terms and Conditions refer to Canadian currency. 5.02 Care Givers are entitled to set their own fees for home care services they provide. 5.03 Care Seekers may purchase home care services from Care Givers. By scheduling an appointment with a Care Giver, a Care Seeker is agreeing to compensate the Care Giver for their services. 5.04 Care Givers are entitled to accept or decline to provide services to a Care Seeker, and shall do so within 48 hours of notification of an appointment by a Care Seeker. 5.05 As consideration for the services provided by Findhomecare.ca, Care Givers agree to pay Findhomecare.ca a commission fee of 15% of every $1.00 they earn in relation to services rendered to Care Seekers. 5.06 Findhomecare.ca shall take payment from Care Seekers for services rendered by Care Givers. Findhomecare.ca shall thereafter deduct fees owed, pursuant to section 5.05 of these Terms and Conditions, and shall remit any outstanding amounts to the Care Givers
- These Terms and Conditions shall be effective for an indefinite term commencing upon the date of a Care Giver’s or Care Seeker’s registration with the Virtual Platform. 6.02 These Terms and Conditions shall terminate: (a) Without cause by Care Givers or Care Seekers at any time for any reason. (b) At the exclusive option of Findhomecare.ca, with respect to its contractual relationship with a Care Giver, after review of the Care Giver’s Credentials and/or criminal record check and prior to the Care Giver engaging with any Care Seeker(s). (c) By Findhomecare.ca, with respect to its contractual relationship with a Care Seeker or Care Giver, if, in Findhomecare.ca’s exclusive discretion, a Care Seeker’s or Care Giver’s use of the Virtual Platform is inappropriate, misleading, dishonest or in breach of these Terms and Conditions. (d) By any party where any other party breaches these Terms and Conditions and fails to remedy that breach, or commence action to remedy that breach within 15 days after notice from a non-breaching party of that breach. 6.03 Upon termination of these Terms and Conditions, a Care Giver shall no longer be entitled to advertise their services on the Virtual Platform and a Care Seeker shall no longer be entitled to use the Virtual Platform.
- All information received by a Care Giver during the course of their work with Care Seekers relating to the personal information or other affairs of the Care Seekers shall be kept confidential. 7.02 In using the Virtual Platform, Care Givers and Care Seekers agree to assume the risk associated with the transmission of data and information over the internet, including but not limited to the interception of data and information by third parties. Care Givers and Care Seekers further agree to be liable for any damages occurring as a result of the risk outlined in this, section 7.02. 7.03 Section 7.01 shall survive the expiration of these Terms and Conditions
RELEASE AND INDEMNITY
- Care Givers and Care Seekers hereby release and agree to indemnify, defend and hold Findhomecare.ca, its affiliates, agents, subsidiaries, directors and officers harmless from any and all liability or loss arising in any way out of the performance of these Terms and Conditions and any and all liability arising in any way out of their (Care Givers and Care Seekers) use of the Virtual Platform. Care Givers shall carry appropriate professional insurance coverage during the entire term of these Terms and Conditions. 8.02 Care Givers and Care Seekers acknowledge that their use of the Virtual Platform is at their sole and exclusive risk.
USE OF VIRTUAL PLATFORM
- Care Givers and Care Seekers agree to only use the Virtual Platform for its intended purpose and in a lawful manner. 9.02 Care Givers and Care Seekers agree not to use the Virtual Platform to arrange for the provision of home care services and subsequently complete the transaction outside the Virtual Platform. 9.03 Care Givers and Care Seekers agree not to upload content to the Virtual Platform that is threatening, misleading, fraudulent, pornographic, defamatory, violent or that violates any intellectual property rights or privacy rights.
DISPUTES BETWEEN CARE GIVERS AND CARE SEEKERS
- If a dispute arises between a Care Giver and a Care Seeker either party may file a complaint with Findhomecare.ca. Findhomecare.ca reserves the right to evaluate the complaint and subsequently terminate either the Care Giver’s or Care Seeker’s use of the Virtual Platform if, in the exclusive discretion of Findhomecare.ca, the Care Giver’s or Care Seeker’s conduct breaches these Terms and Conditions in any manner. 5 10.02 Care Givers and Care Seekers acknowledge and agree that, while using the Virtual Platform to complete transactions for the provision of home care services, they are contracting with each other and Findhomecare.ca may not be held liable for either party’s conduct. No cause of action shall exist as against Findhomecare.ca for the unlawful conduct of Care Givers or Care Seekers that arises out of the provision of home care services
DISPUTES BETWEEN CARE GIVERS OR CARE SEEKERS AND FINDHOMECARE.CA
- If a dispute arises between a Care Giver or Care Seeker and Findhomecare.ca relating to the application, interpretation, implementation or validity of these Terms and Conditions, the parties agree to refer the dispute to the arbitration of a single arbitrator, if the parties agree upon one, otherwise either party may apply to the Court of Queen’s Bench for Saskatchewan for the appointment of an arbitrator. The award and determination of the arbitrator shall be binding upon the parties and their respective heirs, executors, administrators and assigns. 11.02 Except where inconsistent with this, section 11, the provisions of The Arbitration Act, 1992 of Saskatchewan apply to the resolution of all disputes between Care Givers or Care Seekers and Findhomecare.ca.