Terms and conditions to use SOS sitter
SOS sitter is not a reference service. The service is a venue which allows families to post job opportunities, candidates to apply to those opportunities, families to search and review candidates profiles, and for candidates to review families profiles. SOS sitter is NOT SCEENING OR CONDUCTING CRIMINAL CHECKS on the users of this Website. IT IS EACH USER’S (family and candidate) SOLE RESPONSIBILITY TO PERFORM ADEQUATE BACKGROUND, REFERENCE AND CRIMINAL CHECKS. YOU ASSUME AND WILLINGLY UNDERSTAND AND ACCEPT ALL RISKS ASSOCIATED WITH DEALING WITH INDIVIDUALS THAT YOU COME INTO CONTACT WITH THROUGH USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO PHYSICAL HARM, LOST PROFITS, PECUNIARY LOSS, DAMAGE TO PROPERTY AND MORAL DAMAGES.
I hereby certify that I am 18 years or older and that I am legally able to work in Canada.
1. DESCRIPTION OF THE WEBSITE
1.1 The SOS sitter Website is an online database where registered families are able to search through registered care candidates profiles. The site does also provide an opportunity for families to post care jobs that candidates can apply to directly. The Website does not warrant that any information posted by families and care candidates is true, accurate or current.
1.2 Through this Website, Agent White Inc., owner of SOS sitter (trademark) Website, provides the information and services to help parties seeking and providing care services (“users”) locate each other. Agent White Inc.’s role is limited to providing this service, and its duties do not extend beyond activities associated with maintaining the Website, which is limited to the running of a website where care candidates or families may post information regarding the need for care. Agent White Inc. is not associated with, and does not employ, represent, or acts as an agent for the users of this Website and shall not be construed as a referral service to the benefit of families, individuals or care candidates.
1.3 It is agreed by the user that Agent White Inc. has no employment or servant relationship in regards to the families and care candidates that advertise on the website. By using this Website, you do hereby expressly agree to hold Agent White Inc. (including its employees, officers and administrators) harmless from any claim, damage, or injury that may arise from use of this Website, save and except of the intentional or gross fault on the part of Agent White Inc. ANY AGREEMENT BETWEEN A CAREGIVER CANDIDATE AND A FAMILY IS BETWEEN THOSE PARTIES ALONE. AGENT WHITE INC. IS SIMPLY PROVIDING A VENUE SERVICE PAID TO FAMILIES AND UNPAID TO CANDIDATES AND IS NOT RESPONSIBLE FOR ANY DISPUTE OF ANY NATURE THAT MIGHT ARISE BETWEEN THE PARTIES.
1.4 We recommend adhering to a non-obligatory screening process proposed by SOS sitter. We also strongly recommend that candidates perform and provide the results of criminal background checks on themselves. We also strongly advice both parties to conduct reference checks and thoroughly interview any individual with whom you associate with as a result of using the information and services provided on this Website, being a family or a care candidate. Because user authentication on the Internet is difficult to verify, the website cannot and does not confirm that each user is who they claim to be. However each background check includes an identity check.
1.5 The SOS sitter Register does not warrant or endorse any communication or arranged face-to-face interviews and meetings between members. The SOS sitter site/database may only be used for lawful purposes by families seeking caregivers and care candidates seeking families. It is up to families and care candidates to communicate with each order to establish all arrangements of employment.
1.6 The site Webmaster, hereinafter referred as Webmaster will have full authority to decide upon the content of the website, including but not limited, to change the content, format, usage, delete or merge threads and make any decision pertaining to the website including profiles; at its sole discretion and without prior notice. Profiles of candidates and families in breach of these Terms and Conditions can be automatically removed by the Webmaster without prior notice.
1.7 It is understood that the present site may contain advertisement that is beyond the control of Agent White Inc. and therefore holds Agent White Inc. not responsible for any damage or losses incurred by the use of a third party website.
2. USE OF WEB SITE CONTENT
2.1 The contents of this Web Site such as text, graphics, images, logos, button icons, software and other Web Site content (collectively, “Web Site Content”), are the sole property of Agent White Inc. and is protected under copyright, trademark and other laws. All Web Site Content is the property of Agent White Inc. or its content suppliers or clients (caregivers and families). The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of Agent White Inc. and protected by copyright laws.
2.2 Unauthorised use of the Web Site Content may violate copyright, trademark and other laws. You may not sell or modify the Web Site Content or reproduce, display, publicly perform, distribute or otherwise use the Web Site Content in any way for any public, personal or commercial purpose; save and except for modifications of your own profile information.
2.3 The use of the Web Site Content on any other web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt any code created by Agent White Inc. or its suppliers to generate any Web Site Content.
3. GENERAL RULES
3.1 Users may not use the Web Site in order to display, transmit, distribute, store or destroy material including, without limitation, Web Site Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others or (c) that is, or may be, defamatory, offensive, vulgar, obscene, harassing, threatening, abusive or hateful, racist, sexist, discriminatory, of a menacing character or cause annoyance, inconvenience, embarrassment or anxiety to any person.
3.2 Any sexual content is strictly prohibited, including, but not limited, to pictures, attachments, comments and posting.
3.4 Users are prohibited from violating or attempting to violate the security of the Website including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (c) attempting to interfere with service to any user, host or network including, without limitation, via means of submitting a virus to Agent White Inc. or any of its subsidiaries, overloading, "flooding", "spamming", "mail bombing" or "crashing", or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Agent White Inc. will investigate occurrences which may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
4. SPECIFIC PROHIBITED USES
The Website specifically prohibits any of the following:
a) Posting any incomplete, false or inaccurate biographical information or information which is not your own.
b) Using the database for any purpose other than for looking for a care candidate or for a care job. It is expressly forbidden to other posting companies, daycare providers, home childcare providers, nanny agencies, or baby-sitting companies to utilize this service. If one party shall fail to respect this covenant, Agent White Inc. may at its own discretion ban immediately and without prior notice any unauthorized user from the website and undertake judicial proceedings against the party in default without further notice or delay, including, but not limited to, a provisional injunction in which the party in default recognize that an irreparable harm will be done to Agent White Inc. and that the balance of convenience will favour Agent White Inc.
c) Deleting or revising any material posted by any other person or entity.
d) Using any device, software or routine to interfere or attempt to interfere with the proper working of the website or any activity being conducted on this Web Site.
e) Taking any action which imposes an unreasonable or disproportionately large load on website infrastructure.
f) Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism including, without limitation, browsers, spiders, robots, avatars or intelligent agents to navigate or search the website other than a search engine and other than generally available third party web browsers such as Internet Explorer, Mozilla Firefox, Netscape, Safari and other.
g) Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the website.
h) Aggregating, copying, modifying or duplicating in any manner any of the Web Site Content or information available.
5. USERS PASSWORD AND USERNAME
5.1 The User is responsible for the password, username and any information provided by you to the website. Any and all uses of your registration information with the website are your sole responsibility.
5.2 Should there be any unlawful or unauthorized use of your password, username or registration information you agree to notify the Webmaster WITHIN 24 HOURS of such occurrence.
6. SUBSCRIPTION AND REFUNDS
6.1 To have the ability to make contact with care candidates and post jobs, families must follow a subscription procedure and pay a subscription fee. Families will be required to select a subscription period and amount prior to any contact with a sitter candidate. It is the family's sole discretion which subscription they select. Once your subscription has expired you will no longer have the ability to contact care candidates but you will still be able to view their limited profiles. Contact will be granted again once the subscription fee has been renewed.
6.2 Each subscription is renewed automatically. Subscriptions can be cancelled at any time but not refunded. When a subscription is cancelled, a member will stay subscribed until the term of the current subscription and his/her subscription will not be automatically renewed.
6.3 It is understood that the care candidate are joining the service for free. Each caregiver can optioninally enhance their profile by a paid featured profile option.
6.4 The user has the right to cancel a subscription order at the time of subscription if the price of the subscription selection quoted differs from the actual price. The user undertakes to provide true and correct credit, debit or any other electronic switch details, the user undertakes that the payment method and details used are your own and that sufficient credit or funds are available to you to use at the time of a subscription purchase. These credit facilities and funds must be sufficient to cover the cost of your selected membership purchase.
7. LIMIT OF USAGE PER SUBSCRIPTION
There is no limit of usage per subscription either for viewing and contacting candidates or posting jobs within the postal code area, selected at registration time.
8. DISCLAIMER OF WARRANTIES
Agent White Inc. does not guarantee the reliability or accuracy of content provided on the site, nor does it guarantee that the service will be without fault or error. Agent White Inc. does not guarantee that a User’s specific requirements will be met by the Register service.
These Terms & Conditions shall be construed in accordance with and governed by the laws of the province of Québec, Canada, and the parties submit to the exclusive jurisdiction of the Courts of the province of Québec. Although the website can be accessed from other places in the world which may have different laws from those of Quebec, by using the SOS sitter website you are agreeing to the exclusive jurisdiction of the province of Quebec, to the exclusion of any other jurisdiction.
10. GENERAL PROVISIONS
Any reference in this Agreement to gender shall include all genders, and words imparting the singular number only shall include the plural and vice versa.
Any provision of this Agreement which is prohibited or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.
The user request the present contract and all foregoing communications with the website be in English.
The present user agreement encompasses all the obligations between the user and the website and no express or implied warranty is provided to the user.