Last Modified: August 12, 2016
BookJane Inc. is a corporation formed pursuant to the Canada Business Corporations Act in Canada. In consideration for permitting your access to our website and online services and other good and valuable consideration, you agree as follows:
These terms and conditions (the "Terms") form a legally binding agreement which govern your access to and use of BookJane Inc.'s, ("we", "us" or "our") website hosted at http://bookjane.com and other domains and sub-domains ("Website") and our web-based, iOS and Android applications, telephone and online service (collectively the "Service").
IN THESE TERMS, THERE ARE PROVISIONS WHICH LIMIT OUR LIABILITY, OUTLINE RISKS ASSOCIATED WITH USING THE SERVICE AND IMPOSE OBLIGATIONS ON YOU. YOU MUST REVIEW THESE TERMS, ALONG WITH ANY POLICIES INCORPORATED BY REFERENCE HEREIN, BEFORE USING THE WEBSITE AND SERVICE. BY USING OUR WEBSITE AND SERVICE, YOU, THE USER ("YOU" OR "YOUR"), REPRESENT AND WARRANT THAT:
IF YOU ARE NOT OF THE AGE OF MAJORITY OR DO NOT AGREE TO THESE TERMS, PLEASE STOP USING THE WEBSITE AND SERVICE.
IF YOU ARE USING THE WEBSITE AND/OR SERVICE ON BEHALF OF, OR IN THE EMPLOY OF, AN ORGANIZATION (CORPORATION, TRUST, PARTNERSHIP, ETC.), YOU ARE AGREEING TO THESE TERMS FOR THAT ORGANIZATION AND REPRESENTING AND WARRANTING THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION TO THESE TERMS. IN SUCH A CASE, "YOU" AND "YOUR" WILL ALSO REFER TO THAT ORGANIZATION AND YOURSELF INDIVIDUALLY. FOR GREATER CLARITY, BOTH YOU AS AN INDIVIDUAL AND YOUR ORGANIZATION ARE LEGALLY BOUND BY THESE TERMS WHICH FORM AN AGREEMENT BETWEEN YOU AND BOOKJANE INC.
AS OUR WEBSITE AND SERVICE CONTINUE TO CHANGE, WE MAY, AT ANY TIME, REVISE THESE TERMS AND OUR POLICIES BY UPDATING THIS PAGE OR THE PAGE HOSTING THE RELEVANT POLICY. THE DATE OF THE LAST VERSION OF THESE TERMS IS POSTED ABOVE. WE MAY NOTIFY YOU OF ANY SIGNIFICANT CHANGES TO THESE TERMS BY SENDING A NOTICE TO THE EMAIL ADDRESS REGISTERED IN YOUR ACCOUNT, OR BY PLACING A NOTICE ON OUR WEBSITE. THIS WILL ALLOW YOU TO CHOOSE WHETHER TO CONTINUE USING THE SERVICE OR NOT. AS YOU ARE BOUND BY THESE TERMS EACH TIME YOU VISIT OUR WEBSITE OR USE OUR SERVICE, YOU ARE RESPONSIBLE FOR REVIEWING THE AMENDMENTS TO THESE TERMS AND YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO SUCH AMENDMENTS BY ACCESSING AND USING THE WEBSITE AND SERVICE AFTER SUCH AMENDMENTS HAVE BEEN POSTED. IF YOU DO NOT AGREE WITH THE AMENDMENTS, YOU SHALL IMMEDIATELY STOP ACCESSING THE WEBSITE AND SERVICE AND TERMINATE YOUR ACCOUNT, SUBJECT TO THE TERMS PROVIDED FOR HEREIN.
Our Service provides a platform for users to connect with each other and arrange for senior and child care services. We do not staff or offer caregivers ourselves. Our Service merely facilitates the connection of families and caregivers and assists in the logistics and payment process for caregivers coordinating their own services. AS SUCH, YOU ACKNOWLEDGE THAT WE DO NOT PROVIDE CARE SERVICES OURSELVES AND THAT ALL SUCH CARE SERVICES, WHETHER IN HOME OR ELSEWHERE, ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY US OR ANY OF OUR AFFILIATES.
As a portal that facilitates the connection of users, between both caregivers (“Caregivers”) and their customers (“Customers”), we are not a party to any agreement between Customers and Caregivers for work to be performed, whether that agreement is formed via the Service or elsewhere. While we facilitate the connection and booking process, you are free to further contract or negotiate additional terms of any agreement with other users, whether they are a Customers or Caregivers.
Whether you are a Customer, Caregiver or both, you are responsible for compliance with all applicable laws, including laws applicable to any services you provide, licenses or qualifications required to provide those services, any employment relationship created (such as employment standards, occupational health and safety legislation, and worker’s compensation insurance or benefit programs).
Establishing an Account
We may also allow you to create such accounts via third-party providers such as Google, Facebook, Twitter, LinkedIn, Yahoo and others. If you elect to establish your account via one or more third-party provider, you agree to permit us to collect the personal information such third-party sends us to establish your account.
Upon establishing a user account with us, we hereby grant you a worldwide, non-transferable, non-exclusive license to access the Service in accordance with these Terms, but reserve the right to revoke said license and your access to our Website and Service without cause or justification. We further reserve the right to place your account on hold pending any application, background check or verification processes, complaints, dispute resolution or or any other reason.
By creating one of the two above accounts you will become registered as a “Customer” or a “Caregiver” on the Service. Customers can search for and contact Caregivers based on certain filters and preferences.
Caregiver Consent to Background Checks and Verification Processes
If you are applying for a Caregiver account, you consent and permit us to obtain criminal background checks and other searches and verification checks via third-party providers. All fees associated with such background checks and other searches shall be your sole responsibility. The results of the background checks may impact whether you are eligible to use the Service and whether we permit your account application to become a Caregiver registered on the Service.
We retain the right, in our sole discretion, to accept, refuse or remove any potential or registered Caregiver from the Service based on the results of any such background check or other searches or any other information we obtain about or from you.
Account Not Transferable, Updating Your Account & Security
If you establish an account with us, access to your account is not transferrable and is only intended for the individual or entity that established the account. Upon setting up an account you will be required to create a username and password. You are responsible for safeguarding the password you use to access the Website and Service and you agree not to disclose your password to any third party. You agree you are responsible for any activity on your account, whether or not you authorized that activity. You agree to immediately notify us of any unauthorized use of your account.
You understand that the technical processing and transmission of the Website and Service, including your content, may be transferred unencrypted, hacked or stolen by third-parties and involve transmissions over various networks and devices. Submitting Booking Requests
If you are a Customer, when contacting a Caregiver, you are solely responsible for confirming the accuracy of all information you upload or post to the Service, including for example, the work to be done and the time and duration of any booking request. By submitting a booking request, you understand and agree that the Caregiver to whom you have made the request has the right to accept or decline such request in his or her sole discretion.
Your Relationship with Us as a Caregiver
You agree that as a Caregiver on our Service, you are providing your services as an independent contractor and not as an employee, joint venturer or partner. Our Service merely facilitates a connection and relationship between you and persons registered on our Service as a Customer. Accordingly:
Fees listed on the Service may change (increase or decrease) at any time along with the amount and terms of any cancellation charges. If you are a Customer, you agree to pay the fees listed on the Service for any and all Caregivers you hire via the Service. As either Customer or Caregiver, you agree to those fees each time you offer or accept a caregiving engagement on the Service.
The Service facilitates payments from Customers to Caregivers. If you are a Customer, the Service will charge your credit card according to the rate published for each scheduled and confirmed booking under your Customer profile and upon completion of a scheduled booking. All fees published on the Website and Service are inclusive of our own fees for providing the Service and granting you continued account access.
Caregivers must track their time in which they provide their services to a Customer. To be eligible for payment, a Caregiver’s time must be tracked using the Service, specifically on the mobile application. If any disputes arise which require changes to the start or stop time, they must be raised with us directly for resolution.
As a Caregiver, you agree that all services you perform for a Customer you connect with as a result of the Service must and will be processed through the Service. You will be responsible for paying any and all fees or expenses we incur, including but not limited to reasonable legal fees, to recuperate any loss of revenues or other damages arising from your breach of such obligation.
As a Customer, by using the Service to schedule bookings, you authorize us to process payments for the Caregiver’s fees and taxes and remit those fees and taxes, after deducting our fees, to the appropriate Caregiver.
You acknowledge and agree that we use third-party payment processors for all credit card and related billing and payment charges and your personal and credit card information is provided to them when you establish an account. Please contact us if you have any questions about our third-party payment processor.
We reserve the right, in our sole discretion, but have no obligation, to
• Place on hold any out of pocket expenses; or • Refund or provide credits to a Customer or arrange our payment processor to do so. Taxes
As a Customer, you agree to pay any and all sales and other taxes applicable to the Caregiver’s services and our Service, whether Canadian or foreign and applicable to these Terms or arising, in any way, from your account and access to and use of the Website and Service.
As a Caregiver, you agree to collect, pay and remit any and all income, sales and and other taxes applicable to your services performed or in any way related to these Terms or your services.
If any information or terms posted to the Website or Service concerning fees, tax, discounts, refunds or cancellations are posted in error, we reserve the right to amend those terms.
ACCEPTANCE OF RISK AND DISCLAIMERS
EVERYTHING ON OUR WEBSITE AND PROVIDED AS PART OF OUR SERVICE OFFERING IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.
YOU AGREE AND ACKNOWLEDGE THAT:
DISCLOSURE OF INFORMATION PURSUANT TO COURT ORDER, SUBPOENA OR OTHER LEGAL PROCESS
WE RESERVE THE RIGHT TO PROVIDE YOUR CONTENT AND INFORMATION (INCLUDING BUT NOT LIMITED TO YOUR PERSONAL AND BUSINESS INFORMATION) UPLOADED OR COLLECTED BY OUR WEBSITE OR SERVICE TO THIRD-PARTIES IF REQUIRED BY LAW (SUCH AS IN RESPONSE TO A SUBPOENA, COURT ORDER OR OTHER LEGAL PROCESS IN ANY JURISDICTION), AND TO COOPERATE WITH LAW ENFORCEMENT AUTHORITIES IN THE INVESTIGATION OF ANY CRIMINAL OR CIVIL MATTER.
IF WE ARE REQUIRED BY LAW TO MAKE ANY DISCLOSURE OF YOUR CONTENT OR PERSONAL OR BUSINESS INFORMATION, WE MAY (BUT ARE NOT OBLIGATED TO) PROVIDE YOU WITH WRITTEN NOTICE (TO THE EXTENT PERMITTED BY LAW) PRIOR TO SUCH DISCLOSURE SO THAT YOU MAY TAKE APPROPRIATE ACTION.
WE OPERATE THE WEBSITES AND SERVICE IN CONJUNCTION WITH OUR INDEPENDENT CONTRACTORS. OUR INDEPENDENT CONTRACTORS MAY HAVE ACCESS TO YOUR PERSONAL INFORMATION IN PROVIDING SERVICES TO US, OR PROVIDING YOU WITH ACCESS TO THE WEBSITE AND SERVICE. WE MAY USE A VARIETY OF SERVICE PROVIDERS, EMPLOYEES AND SERVERS IN LOCATIONS BOTH INSIDE AND OUTSIDE OF CANADA, WHICH MAY MAKE YOUR PERSONAL INFORMATION THE SUBJECT OF FOREIGN LAWS AND FOREIGN LEGAL PROCEEDINGS.
TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT LIMITING THE GENERALITY OF THIS SECTION, OR ANY OTHER SECTION LIMITING OUR LIABILITY, YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR THE ACTS OR OMMISSIONS, INCLUDING BUT NOT LIMITED TO, THE NEGLIGENT ACTS OR OMISSIONS, OF OUR INDEPENDENT CONTRACTORS, CAREGIVERS, CUSTOMERS OR THIRD-PARTY SERVICE PROVIDERS.
LIMITATION OF OUR LIABILITY
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR SERVICE, OR DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR AFFILATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR LICENSORS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE AND SERVICE.
IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES AND PERSONS LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OR ARBITRATOR OF COMPETENT JURISDICTION DECLINES TO UPHOLD SAID CLAUSE, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO OR IN ANY WAY ARISING FROM THE USE OF OUR WEBSITE OR SERVICE, OR IN ANY WAY RELATED TO THESE TERMS, BE MORE THAN THE AMOUNTS PAID BY YOU TO US (IF ANY), OVER THE PRECEEDING TWO (2) MONTHS.
YOU AGREE AND ACKNOWLEDGE THAT ACCESS TO OUR WEBSITE AND SERVICE, AND IF YOU ARE A PAYING USER, THE FEES PAID BY YOU, REFLECTS THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE WEBSITE OR SERVICE WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.
INDEMNIFICATION AND HOLD HARMLESS
Our Website and Service contain open source and public domain content, licenced content as well as proprietary content owned by us and by third-parties. You are not permitted to copy or distribute any content (including but not limited to text, images, trademarks, videos and audio) on the Website or Service without the express consent of the owner. All other contents of the Website and Service including, but not limited to, the computer code, is the property of BookJane Inc. and/or our independent providers of content ("ICPs") with all rights reserved.
Without limiting the generality of the forgoing, you are not permitted to use any trademark or trade name of BookJane Inc., including our logos, without our express permission.
Our Website and Service permits you and other users the ability to upload and post content ("User Content") to the Service. We do not pre-screen User Content uploaded or posted to the Website or Service by you or other users. You hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your User Content that you post or upload to the Service in order to facilitate the ordinary use of the Service.
In addition to our Acceptable Use Policy, you agree not to use the Service in any manner which may infringe copyright or other intellectual property rights of any third-party or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or in violation of these Terms.
We may, but have no obligation to, remove content and accounts that we determine in our sole discretion to be unlawful, damaging, or violate any third-party's intellectual property rights, these Terms or any policy incorporated by reference herein.
You agree that we do not accept or assume responsibility, nor shall you hold us liable or responsible for the accuracy or reliability of any information provided by Customers or Caregivers on or off the Website or Service.
Property and Feedback
All rights, title and interest in and to the Website, Service and their contents or components are and will remain the exclusive property of BookJane Inc., our ICP’s and licensors, including all Intellectual Property Rights (as defined below), even if we incorporate any of your Feedback (as defined below) into subsequent versions.
The Website, Service and their contents are protected by copyright, trademark and other laws of Canada, the United States and foreign countries. Except as expressly permitted in these Terms, you may not reproduce, modify or prepare derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Website, Service or their contents. You may not copy or modify the code used on the Website or Service.
All feedback, comments, and suggestions for improvements (the "Feedback") that you provide to us, in any form, will immediately become our sole and exclusive property. You hereby irrevocably transfer and assign to us and agree to irrevocably assign and transfer to us all of your right, title, and interest in and to all of your Feedback, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, the "Intellectual Property Rights") therein.
At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us in acquiring, perfecting and maintaining Intellectual Property Rights and other legal protections for your Feedback. You will not earn or acquire any rights or licenses in the Website, Service or their contents or in any of our Intellectual Property Rights on account of these Terms or your performance under these Terms.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on our Website or Service, please notify our copyright agent at email@example.com. While we take no responsibility for any user who breaches your copyright or other intellectual property rights, we may, in our sole discretion and without liability, undertake to attempt to contact the infringer on your behalf and/or cancel the infringer's account.
Whether or not we are affiliated with sites or third-party vendors that may be linked to our Website or Service, we are not responsible for their content (the "Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk. We and other users may provide links and references to material on other websites or applications not owned or operated by us. Links found on our Website or Service are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on said websites. You access those links and corresponding sites at your own risk.
From time-to-time, we may make contests available to users of the Website and Service. All contests are governed by these Terms and the applicable contest rules (“Contest Rules”). By participating in a contest through the Website or Service, you signify your agreement and acceptance of these Terms and the applicable Contest Rules.
Law of the Contract (Governing Law) and Jurisdiction.
These Terms, all documents incorporated by reference and your relationship with us shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada, (and any Canadian federal laws applicable therein) as it is applied to agreements entered into and to be performed entirely within such province and, to the extent permitted, without regard to any conflict of laws provisions.
You hereby agree to irrevocably and unconditionally submit to the exclusive jurisdiction of the courts and tribunals of Ontario, Canada (including the Federal courts and tribunals as applicable therein) to settle any disputes arising out of or in anyway related to these Terms, all documents incorporated by reference and your relationship with us.
If any provision of these Terms are found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Where a provision in these terms is found to be unlawful, void or for any reason unenforceable, a lawful or enforceable term which best reflects the intention of the provision, as originally drafted, shall substitute.
No Construction Against Drafter
If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions of these Terms.
Waiver of Class Proceedings and Trial By Jury
To the extent permitted by law, you hereby waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns and directors. To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.
Incorporation by Reference
Cancellation of a Scheduled Job
Once a Customer and Caregiver enter and accept a booking, either party may cancel the booking anytime up to 2 hours prior to the start time. If a job is not cancelled 2 hours prior, the Customer’s credit card will be charged for the full amount of the scheduled job.
Where a last minute cancellation of a scheduled job is made by a Caregiver, arising from any unforeseen circumstances, and the Customer is unable to find another Caregiver, we will assist and make a reasonable effort to find a replacement. However, we cannot guarantee a replacement Caregiver will be available.
We do not provide any refunds or credits for any jobs that a Caregiver has completed for a Customer. However, we may, in our sole discretion, issue a refund or credit when we believe they are warranted.
Though we would much rather you stay, you can stop using our Website and Service at any time. Please contact us to learn more about cancelling your account. We reserve the right to suspend your account or access to our Website or Service at any time, with or without cause, and with or without notice.
Your cancellation, suspension or termination of access to our Website or Service shall not terminate this agreement. In particular, and without limiting the generality of the foregoing, any provision concerning the limitation of our liability, your indemnification obligations, settling disputes (including the jurisdiction and choice of law) shall remain binding.
Assignment of this Agreement
These Terms shall enure to the benefit of and is binding upon the parties and their respective successors and permitted assigns. You agree that we may assign this agreement to any successor or assignee, whether pursuant to the purchase of our Website and Service, the transfer of control of BookJane Inc., or otherwise.
Right to Seek Injunction
Violation of these Terms may cause us irreparable harm and, therefore, you agree that we will be entitled to seek extraordinary relief including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of these Terms.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
In the course of using your account with us or using our Website and Service, you may be required or by your actions may be deemed, to consent to the terms of agreements provided by certain third party service providers, including but not limited to, payment processors, social media login account providers (Facebook, Twitter, Google, Yahoo etc.), credit card companies and banks. You agree that nothing in those agreements shall, in any way, alter these Terms or your obligations hereunder.
Any new features that augment or enhance the current Website and Service, including the release of new versions, new products or services, tools and resources, shall be subject to these Terms. Continued use of the Website and Service after any such changes shall constitute your consent to such changes.
This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by a duly authorized representative of BookJane Inc.