PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING OUR SERVICES.  You agree to these terms and conditions (“Terms”) when accessing or using the Platform, website, content or Service provided by Alto Technologies Inc (“Alto”). You will waive certain legal rights, including the right to sue or claim compensation in certain circumstances.  

These Terms govern the access or use by you, an individual, residing in Canada or any other country in the world of any platform, applications, websites, content, and services made available by Alto. Your access and use of the services constitutes your agreement to be bound by these Terms, which establishes a relationship between you and Alto. Through use of our Services you represent, warrant, understand and agree to accept all Terms, regardless of if you are a User. These Terms incorporate the Alto Privacy Notice and all other policies, rules and terms and conditions either in print or on our Services. 

If you do not agree to these Terms, you may not access or use the Alto Platform or its Services. Alto may immediately terminate these Terms, or any Services, or access to the Services or Platform with respect to you, at any time for any reason. 

These Terms, including other policies, are subject to change at any time by Alto. You will be notified via email, by whatever email is registered to your account or by placing a prominent notice by way of our Services. You may then choose to refuse the amendment and cancel your contract without cost, penalty or cancellation indemnity unless a balance is owing on your account. Supplemental terms and conditions shall prevail over these Terms in the event of a conflict with respect to the applicable Platform and Services. Anyone using the Alto Platform and Services should periodically check for updates. Your continued use of the Alto Platform and Services will constitute acceptance by you.  

The content on our Platform is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site. Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date. Your use of the Platform is at your own risk and Alto has no responsibility or liability whatsoever for your use of this Platform. This Platform may include content provided by third parties, including from other Users and third-party licensors. All statements and/or opinions expressed in any such third party content, other than the content provided by Alto, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Alto. Alto is not responsible, or liable to you or any third party, for the content or accuracy of any third party materials.

Our collection and use of Personal Information is connected with the Platform or Services provided by Alto is located at https://findalto.com/privacy-notice.Alto may provide to a claims processor or insurer any necessary information if there is a complaint, dispute or conflict which may include an accident involving a Careseeker or Caregiver in which such information or data is necessary to resolve the complaint, dispute, or conflict. 

1. Definitions

Where used in this document, the following terms have the following meanings: (a) “Careseekers” means individuals seeking the services of a professional individual or company that provides in-home services, and who have registered with the Alto Platform; (b) “Credentials” includes but is not limited to: i. Certification of professional status; ii. Diploma; iii. Criminal Record Check with Vulnerable Sector no older than three months from the application date; and iv. Driver’s license or other government issued photo identification. (c) “Caregivers” means individuals or a company trained to offer in-home services and may include the following designations: certified care aide, home care aide, personal support worker, registered nurse, licensed practical nurse or physician; (d) “Terms” means this document; (e) To be “Verified” exclusively means that a Caregiver’s Credentials, Criminal Record Check and Identification have been viewed and believed to be accurate by Alto; and; (f) “Platform” refers to the environment in which Alto is executed.  Any affiliated websites, web pages, mobile applications, and mobile websites operated by the domain name Alto and any web pages located under the domain Alto; (g) “Services” shall mean any of the various services that Alto provides through the Platform or any other channels, including over the telephone; (h) “Affiliates” are Alto’s officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, resellers, or employees; (i) “Account” shall mean the account or accounts of an individual registered to use the Alto Platform by provision of their email address and other required information.

2. Services Offered by Alto

At Alto our mission is to make home care easier; that means making it safer, more affordable, and more convenient. We work to fulfill this mission by making our Platform available for use by Caregivers and Careseekers and providing them with tools and information to facilitate meaningful and productive caregiver-careseeker relationships. 

We will provide these Services to you in accordance with these Terms. Alto agrees to review a Caregiver’s applicable Credentials before making the Caregiver available for bookings however under no circumstances shall a Caregiver advertise their services on the Platform if they have not provided Alto with a valid Criminal Record Check with Vulnerable Sector no older than three months from the date of application. Alto facilitates payments through a Third Party Provider for the goods and services provided to you by those parties and provides receipts from Alto for those payments. Alto provides relevant content or services including customer support.

Alto offers a comprehensive online platform that brings Caregivers and Careseekers together for the purpose of potential employment of the Caregivers by the Careseekers. The Alto Platform and Services are made available solely for your personal, non-commercial use, unless Alto has agreed with you otherwise in a separate agreement. Alto does not provide care services or function as a care facility, we do not employ any Caregivers nor do we act as an employment agency or recruitment center. Alto provides a safe marketplace through the commission of Caregivers earnings for individual working Caregivers on our Platform. Alto verifies all Caregivers on our Platform through a screening process at the time of the application, however we cannot guarantee the validity of the documents provided by the Caregiver nor do we verify any content posted or shared through the Platform by a Caregiver or Careseekeer. Careseekers are the potential employers of Caregivers and as such may benefit from performing their own screening process with regards to Caregivers. Should they enter into an employment agreement, they 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). Alto is not responsible or liable for the risks, including but not limited to risk of physical harm, when you deal with someone you connect with through our Platform. You assume all risks associated with dealing with other persons with whom you come in contact through the Platform. 

We provide no assurance or representation (express or implied) regarding the quality, timing, or legality of the services actually delivered by Caregivers or the integrity, responsibility or actions of Careseekers or Caregivers. We do not refer or recommend either Careseekers or Caregivers nor do we make any representations about the suitability, reliability, timeliness, and accuracy of the services provided by Caregivers or the integrity, responsibility or actions of Careseekers or Caregivers whether in public, private or offline interactions.  

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

Alto is not responsible for the conduct, whether online or offline, of any user of the Platform and does not assume and expressly disclaims any liability that may result from the use of information provided on our Platform.  All Users, including both Careseekers and Caregivers, do hereby expressly agree not to hold Alto liable for the actions or inactions of any Careseeker or Caregiver or for any information, instruction, advice with originated or services that were arranged through the Platform, and, to the maximum extent permissible under applicable law, Alto 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. 

3. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

3.1 You understand and agree that the Platform and its entire contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Alto, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

3.2 The Alto name, the Alto logo, and all related names, logos, product and service names, designs, images and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images and slogans mentioned or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action.

3.3 You may only use the Platform for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except: (i) your computer and browser may temporarily store or cache copies of materials being accessed and viewed; (ii)a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and (iii) in the event social media features are provided with respect to certain content are on our site, you may take such actions as our site permits for such features.

3.4 Users are not permitted to modify copies of any materials from this site nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.

3.5 If you print off, copy or download any part of our site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Platform or to any content on the Platform, and all rights not expressly granted are reserved by Alto. Any use of the Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other intellectual property laws.

3.6 The Platform may contain interactive functions allowing User submissions on or through the Platform.

3.7 None of the User submissions you submit to the Platform will be subject to any confidentiality by the Alto. By providing any User submission to the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You waive any moral rights or other rights of authorship as a condition of submitting any User submission.

3.8 By submitting the User submissions you declare and warrant that you own or have the necessary rights to submit the User submissions and have the right to grant the license hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User submissions and comply with these Terms. You represent and warrant that all User submissions comply with applicable laws and the User submissions and site content standards set out in these Terms.

3.9 You understand and agree that you, not Alto, are fully responsible for any User submissions you submit or contribute, and you are fully responsible and legally liable including to any third party for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User submissions submitted by you or any other user of the Platform.

4. Undertakings of Caregivers and Careseekers

In order to use most aspects of the Alto Services, you must register for and maintain an active Alto Platform account. You must be at least 16 years of age to create an Account. Account registration may require you to submit certain personal information such as; (a) your name, address, mobile phone number, age, valid payment method or direct deposit information.  You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, such as having an invalid or expired payment method on file, may result in your inability to access or use the Alto Services. Alto grants you access and use of content, information and related materials that may be made available through the Alto Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Alto. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times unless otherwise permitted by Alto in writing.  

Bookings: Careseekers and Caregivers transact with each other on the Platform when they both agree to a “Booking” that specifies the fees, time period, cancellation policy, and other terms for provision of Services via the booking mechanism provided on the Platform (a “Booking”). A Booking may be initiated by a Careseeker by selecting the type(s) of home care services to be provided and then following the prompts that appear on-screen. If you are a Careseeker and you initiate a Booking, you agree to pay for the Services described in the Booking when you click “Pay.” If you are a Careseeker and a Caregiver initiates a Booking, you agree to pay for the in-home Services described in the Booking when you click “Pay Now.” All requests are subject to acceptance by the receiving party. The receiving party is not obligated to accept your (or any) request and may, at their discretion, decline for any reason. You acknowledge that, once you complete a Booking, you agree to honor the price and other terms of that Booking, as acknowledged in the Booking confirmation.

Caregivers agree to: (a) Be solely responsible for accepting bookings from appropriate Careseekers. (b) Provide Alto with clear, colour photos of their applicable Credentials, upon registration with the Platform, to be reviewed by Alto, and anytime thereafter upon the request of Alto.The name on the Credential(s) must match the name on at least one other piece of provided, verifiable documentation.(c) Provide Alto with a clear, colour photo of their Criminal Record Check, including a Vulnerable Sector check that is from a municipal police department, or the federal and national police services of Canada or the RCMP, no older than 3 months, upon registration with the Platform, and anytime thereafter upon the request of Alto but no less than annually as of the date of their approval on the platform.  ANY ACTIONS THAT COULD CHANGE THE STATUS OF A CRIMINAL RECORD CHECK MUST BE DISCLOSED WITH ALTO VIA EMAIL NO LONGER THAN 24 HOURS AFTER ANY INCIDENT THAT OCCURS.  IF YOU DO NOT DISCLOSE WITH ALTO THESE DETAILS VIA EMAIL YOU MAY BE HELD LEGALLY AND FINANCIALLY LIABLE.  (d) Provide a clear, colour photo of a certificate/diploma/degree if applicable that matches your identity. (e) Provide a clear, colour photo of non-expired, up to date government issued photo identification. (f) Disclose any information pertaining to your Criminal Record Check that would change the status of your screening.  

Careseekers agree they are solely responsible for selecting an appropriate Caregiver. Though Alto screens Caregiver profiles, any such screening is limited, and Alto does not warrant that any such screen is accurate, complete, conclusive or up-to-date. Similarly, Alto does not endorse reviews of Caregivers by other Careseekers that may be available via the Alto Platform, and Alto makes no commitments that such reviews are accurate or legitimate. All Careseekers are 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 Caregiver they select is 16 years of age or older as well as the Caregivers eligibility to work in Canada. Please visit the Resources tab for guidance about making informed decisions about engaging Caregivers. 

Caregivers and Careseekers agree to only use the Platform for its intended purpose and in a lawful manner. Caregivers and Careseekers agree not to use the Platform to arrange for the provision of in-home services to subsequently complete the transaction outside the Platform. Caregivers and Careseekers agree not to upload content to the Platform that is threatening, misleading, fraudulent, pornographic, defamatory, violent or that violates any intellectual property rights or privacy rights.

4.1. 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.  

4.2. Prohibited Uses  

By using the Platform or Services of Alto, you agree that you will not under any circumstances: 

• use the Platform, 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 Alto account without permission;

• provide false or inaccurate information when registering an account on Alto, using our Services or communicating with other Users;

• attempt to re-register with Alto if we have terminated your account for any or no reason;

• interfere or attempt to interfere with the proper functioning of Alto’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 Alto for any commercial solicitation purposes; or

• publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

5. Eligibility

To be eligible to use our Services, you must meet the following criteria: 

• You must be sixteen (16) years of age or older and have the capacity to form legally binding contracts under applicable law. If you are not sixteen (16) years of age or older do not register to use the Platform or Services.

• You must reside in a postal code region in which Alto currently offers Services.

• If you are a Careseeker, you must be a citizen or legal resident of Canada or hold a valid Canadian visa. 

• If you are a Caregiver, 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 CAREGIVER AND NOT LEGALLY ENTITLED TO WORK IN CANADA DO NOT REGISTER TO USE THE PLATFORM OR SERVICES.

• You must not be, or work for, a competitor of Alto or using our Services for reasons that are in competition with Alto.

By requesting to use, registering to use and/or using the Platform 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. 

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 Platform (such as representations regarding your criminal background), and your suitability for Alto. The results of these verification checks are made available to Alto. 

6.  Warranties

(a) Caregivers warrant that they are the full age of majority and are legally entitled to enter into binding contractual relations. (b) Caregivers warrant that they are Professionals. (c) Careseekers warrant that they are the full age of 16 or older and are legally entitled to enter into binding contractual relations. (d) Caregivers and Careseekers warrant that the personal information they provide upon registration with the Platform, and any time thereafter, is their own personal information and that they are not impersonating another individual. (e) Because of the type of care services, the setting of the Services and the nature of the relationship between Caregiver and Careseeker, you represent and warrant that you (f) 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 (g) are not nor have ever been registered, and are not currently required to register, as a sex offender with any government entity. 

7. Compensation and Fees

You understand that use of Alto Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Third Party Charges”). After you have received services or goods obtained through your use of Alto Service, Alto or one of its affiliates will facilitate your payment of the applicable Third Party Charges as such Third Party Provider’s limited collection agent. Payment of the Third Party Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Third Party Charges will be inclusive of applicable taxes where required by law. Third Party Charges paid by you are final and non-refundable, unless otherwise determined by Alto. Subject to local regulations, you retain the right to request to increase or lower Third Party Charges from a Third Party Provider for transportation services received by you from such Third Party Provider. A Alto affiliate will respond accordingly to any request from a Third Party Provider to modify the Third Party Charges for a particular service.  

All Third Party Charges are due immediately and payment will be facilitated by Alto or a Alto affiliate using the preferred payment method designated in your Account, after which you will be sent a receipt. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Alto or an Alto affiliate may, on behalf of Third Party Provider, use a secondary payment method in your Account, if available.

You acknowledge that Alto or a Alto affiliate may establish or adjust Third Party Charges for any or all services or goods obtained through the use of the Alto Services at any time at the direction of the Third Party Provider or otherwise in Alto or the Alto affiliate’s discretion, including in certain circumstances such as where you choose an additional service that incurs an additional charge. Further, you acknowledge and agree that Third Party Charges applicable in certain geographical areas may increase substantially during times of high demand. Alto will use reasonable efforts to ensure that it or the Alto affiliate informs you of Third Party Charges that may apply, provided that you will be responsible for Third Party Charges incurred under your Account. You acknowledge that the fact that a payment card statement may reflect a charge from Alto or an Alto affiliate, does not necessarily mean that Alto or the Alto affiliate sold a service, but rather that Alto or the Alto Affiliate facilitated payment processing, and that the merchant stated on your receipt is the actual seller.

You acknowledge that Alto or a Alto affiliate may from time to time provide certain Users with Promo Codes that may result in different amounts charged for the same or similar services or goods obtained through the use of the Alto Services, and you agree that such Promo Codes are provided to you for no fee, have no monetary value, cannot be redeemed for cash, are not exchangeable or transferable and, unless also made available to you, shall have no bearing on your use of the Alto Services or the Third Party Charges applied to you.

All amounts specified within these Terms refer to Canadian currency. Caregivers are entitled to set their own hourly rate for Services they provide. Careseekers may purchase Services from Caregivers. By scheduling an appointment with a Caregiver, a Careseeker is agreeing to compensate the Caregiver for their services. Caregivers are entitled to accept or decline to provide services to a Careseeker, and shall do so within 48 hours of notification of an appointment by a Careseeker. As consideration for the Services provided by Alto, Caregivers agree to pay Alto a commission fee of 15% of every $1.00 they earn in relation to services rendered to Careseekers. (e)  Alto shall take payment from Careseekers for services rendered by Caregivers. Alto shall thereafter deduct fees owed, pursuant to these Terms, and shall remit any outstanding amounts to the Caregivers.

8. Online Purchases

Certain sections of the Platform may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Platform, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company. Please review our Privacy Notice for how we comply with securing your Personal Information.

Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Platform, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.

Payment processing companies and merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and merchants. In addition, when you make certain purchases through our Platform, you may be subject to the additional terms and conditions of a payment processing company, merchant or us that specifically apply to your purchase. For more information regarding a merchant and its terms and conditions that may apply, visit that merchant’s Platform and click on its information links or contact the merchant directly.

You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Platform.

8.1 Credits

Alto may offer credits (“Credits”) to customers in the following instances: (1) where Alto processes a refund or cancellation of fees paid or payable by a customer, or (2) where Alto has a promotional offering to its’ customers. All Credits are subject to the following terms and conditions: (a) Credits are non-transferable, (b) Credits have no expiration date, (c) they will be applied against amounts owing by a customer to Alto prior to Alto charging the customer for those amounts, (d) where Credits are issued by Alto in instance (1) above, the issuance of Credits by Alto to the customer results in full and final satisfaction of any obligation to refund or cancel fees paid or payable by the customer, (e) customer requests for Credits can be sent to the email address help@findalto.com, with those requests being processed on the last day of each calendar month, and (f) where Credits are issued by Alto in instance (2) above, those Credits are subject to any specific terms and conditions that may be applicable to that promotional offering.

9. Confidentiality

All information received by a caregiver during the course of their work with Careseekers relating to the personal information or other affairs of the Careseekers shall be kept confidential. In using the Platform, Caregivers and Careseekers 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. Caregivers and Careseekers further agree to be liable for any damages occurring as a result of the risk outlined in this section.  

10. Links to External Sites  

Links from the Platform to external sites (including external sites that are framed by Alto) or inclusion of advertisements do not constitute an endorsement by Alto 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.  

Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by Alto’s Terms of Use and Data Policy. Alto expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Platform. All Users hereby agree to hold Alto harmless from any liability that may result from the use of links that may appear on the Platform.

11. Release and Indemnity

Users hereby release and agree to indemnify, defend and hold Alto, 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 any and all liability arising in any way out of their use of the Platform. Caregivers shall carry appropriate professional insurance coverage during the entire term of these Terms. 

Caregivers and Careseekers acknowledge that their use of the Platform is at their sole and exclusive risk.

We are not an employer of Caregivers nor are we an employment agency or a recruitment agency for any Caregiver or Careseeker. Careseekers may seek the services of Caregivers through the use of the Platform or Services, and Caregivers may post profiles and submit proposals to Careseekers regarding their services. However, any agreement between a Careseeker and a Caregiver regarding the provision of services is solely between the Careseeker and the Caregiver; Alto  is not a party to any such agreement. Any issues concerning the conduct of a Careseeker or Caregiver including, without limitation, the services received by the Careseeker or payment due to the Caregiver,  must be resolved directly by the Careseeker and the Caregiver. Alto 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 Platform or our Services, you do hereby represent, understand, and expressly agree to indemnify and hold Alto harmless for any claim or controversy that may arise from any disputes between you and any other /User(s) of the Platform. Alto will use its reasonable efforts to monitor Caregiver and Careseeker profiles, comments, and general usage of the Platform and suspend privileges to any Careseeker  or Caregiver not adhering to the Terms. You agree to take reasonable precautions in all interactions with other Users of the Platform or the Services, particularly if you decide to meet offline or in person. In addition, you agree to visit the Alto Safety tab prior to using the Service. By using the Platform or the Services, you do hereby agree to report any alleged improprieties of any Users therein to Alto immediately by notifying Alto of the same via electronic correspondence. 

Alto reserves the right to evaluate the complaint and subsequently terminate either the Caregiver’s or Careseeker’s use of the Platform if, in the exclusive discretion of Alto, the Caregiver or Careseeker’s conduct breaches these Terms in any manner. (a) Caregivers and Careseekers acknowledge and agree that, while using the Platform to complete transactions for the provision of Services, they are contracting with each other and Alto may not be held liable for either party’s conduct. No cause of action shall exist as against Alto for the unlawful conduct of Caregivers or Careseekers that arises out of the provision of home care services.

12. Disputes 

IMPORTANT: PLEASE READ THE FOLLOWING ARBITRATION REQUIREMENT CAREFULLY. YOU WILL HAVE TO RESOLVE DISPUTES THROUGH ARBITRATION. YOU WILL NOT BE ELIGIBLE TO GET MONEY OR OTHER RELIEF THROUGH A COURT PROCEEDING. 

If a dispute arises between a Caregiver and/or Careseeker with Alto either party may file a complaint with Alto.

You are free to get advice or representation from a lawyer about this arbitration requirement.

If a dispute arises between a Caregiver or Careseeker and Alto 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. Except where inconsistent with this, section 10, the provisions of The Arbitration Act, 1992 of Saskatchewan apply to the resolution of all disputes between caregivers or careseekers and Alto.

However, before beginning the arbitration, the party with the claim will first try to informally negotiate with the other party, in good faith, a resolution of the dispute for not less than 30 days but no more than 45 days unless extended by agreement. During the negotiation period, any otherwise applicable limitation period will be tolled (temporarily suspended).

Nothing here prevents you from filing a claim with a government agency.

This arbitration requirement survives: (i) the termination of this Agreement and (ii) the bankruptcy of any party. If any part of it is deemed invalid or unenforceable, the other parts remain in force. 

13. Termination of Registration  

Should Alto 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 User, or have misused or misappropriated Platform content, including but not limited to, use on a “mirrored”, competitive, or third party site, Alto reserves the right, at its sole discretion, to immediately terminate your access to all or part of the Alto Platform, to remove your profile and/or any content posted by or about you, from the Platform, and/or to terminate your registration with Alto, with or without notice.  

Alto also reserves the right, in its sole discretion, to terminate your access to all or part of the Alto Platform, to remove your profile and/or any content posted by or about you, from the Platform, and/or to terminate your registration in Alto,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 Platform or the Services, Alto reserves the right, subject to applicable privacy laws, to send a notice thereof to other Users with whom we believe the individual has corresponded.

14. Disclaimer of Warranties

You understand and agree that your use of the Platform its content, and any services or items found or attained through the Platform is at your own risk. The Platform, its content, and any services or items found or attained through the website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Neither Alto nor any affiliates nor their respective directors, officers, employees, agents or service providers makes any warranty, representation or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency or availability of the website or its contents. Without limiting the foregoing, neither the company nor any affiliates nor their respective directors, officers, employees, agents or service providers represents or warrants that the Platform, its content, or any services or items found or attained through the Platform will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components.

We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Platform and your computer, internet and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items found or attained through the website or to your downloading of any material posted on it, or on any website linked to it.

15. Limitation on Liability

UNDER NO CIRCUMSTANCE WILL ALTO, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, RELIANCE ON, THE PLATFORM, ANY LINKED WEBSITES OR SUCH OTHER THIRD PARTY WEBSITES, NOR ANY SITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON.

16. Miscellaneous  

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 affect 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. The Platform and these Terms will be governed by and construed in accordance with the laws of the Province of Saskatchewan and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of the Province of Saskatchewan or any other jurisdiction) and notwithstanding your domicile, residence or physical location. Any action or proceeding arising out of[or relating to this Platform and under these Terms will be instituted in the courts of the Province of Saskatchewan and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

17. Reporting and Contact

This Platform is operated by:

Alto Technologies Incorporated 

210 Avenue P South #420

Saskatoon, SK, CA,  S7M2W2

Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to the Company at [info@findalto.com].

Caregivers should direct all other feedback, comments, requests for technical support, and other communications relating to the Platform to [caregivers@findalto.com].

Careseekers should direct all other feedback, comments, requests for technical support, and other communications relating to the Platform to [support@findalto.com].