These Terms of Service set out the terms and conditions under which individuals may use the website or mobile application and access the services offered by CareGuide Inc. ("Careguide", "we", "us" and "our"). These Terms of Service comprise a legal agreement between CareGuide and you, the person accessing and using the website or mobile application ("you" or "User") with respect to your use of the Services described below. We own, operate and maintain the NannyLane website at www.nannylane.com ("Website"), the NannyLane mobile application ("App") (referred to collectively as "NannyLane") and Services. By downloading, accessing and/or using NannyLane, you are deemed to have read these Terms of Service and you agree to be bound by these Terms of Service which shall govern your access and use of NannyLane and all applicable laws and regulations.
The Matching Service and the Payroll Services described below are referred to collectively as the "Services".
We offer online services to match individuals and families with various service providers, including, but not limited to, child care, nannies, babysitting, elder care, house sitting, housekeeping, and pet sitting (collectively referred to as "Matching Service"). The Matching Service allows individuals and/or entities providing care services ("Service Providers") to post information profiles on the Website to facilitate matching with those Users who are seeking services ("Service Seekers").
The Matching Service facilitates the matching of Service Seekers and Service Providers by providing search functions to allow Service Seekers to find the appropriate Service Provider based on their preferences and needs. The Matching Service also involves providing a platform to facilitate the initial and ongoing communication between Service Seekers and Service Providers ("Messaging Platform"). Through the Messaging Platform, Users can engage with one another without disclosure of their e-mail or phone number. We reserve the right to re-post a User's Service advertisement on external third-party websites for the purposes of ensuring exposure of the User's request and/or provision of Matching Services. Any such re-posting on an external third-party websites will not include Personal Information (as defined below) of the Users.
We are not a party to the relationship between the Service Seeker and Service Provider. We shall not, in any way, be liable to a Service Seeker or Service Provider or any other third party, arising, either directly or indirectly from such employment or independent contractor agreement between the parties.
We do not verify, review, evaluate, interview, screen or perform any background checks on any Users or the content posted by the User on NannyLane. You assume all risks associated with dealing with other persons whom you come in contact with through the Matching Service.
Please refer to the Website regularly for further information about the Matching Services provided.
We offer household employers with complete payroll and tax services to salaried Service Providers. More specifically, we offer complete payroll management services and customer support for your household's payroll and taxes, including payroll calculation (calculation of net and gross pay), payroll statement production, payment processing and payments through direct deposit, set up and calculation for tax accounts (employee's tax withholdings and your accrued employer taxes) and any required adjustments (collectively referred to as "Payroll Services").
We grant you the right to use the App for your personal use.
You must comply with all applicable laws and third party terms of agreement when using the App (e.g. your wireless data service agreement). Your use of the App is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the App.
You acknowledge and agree that the App may not contain the same functionality available on the Website. We cannot guarantee the continuous, uninterrupted or error-free operation of the App or that the App will perform at a certain speed, as this depends on a number of factors beyond our control. You agree that downloading, accessing and use of the App is made available to you on an "as is" and "as available" basis for use at your sole risk.
To be eligible to use the Services, you represent and warrant as follows:
To access and use certain features of the Website, you will need to create a profile through the Website ("User Account"). As part of the process to create, register and maintain your User Account you must provide us with certain current, complete, and accurate registration information, including your name, e-mail address, age, address, postal code/ZIP code, and phone number, and other data or information that we request during the client account registration or renewal process ("Registration Data"). If you are enrolling in Payroll Services, additional information, including your bank account number and Social Insurance Number will be collected. The specific terms applicable to the Payroll Services are provided below in Section 16 of these Terms of Service.
You agree that you will:
Further, you agree to immediately notify us of any unauthorized use of your password or account in the event that the confidentiality of your password or your account is compromised.
Failure to comply with this paragraph may result in immediate termination of your account.
We charge fees for the Services. The first fee payment is made when a User signs up for the Services. User agrees that the fee shall be automatically renewed based on the term chosen by the User (e.g., monthly, quarterly, annually), unless the Services are thereby terminated by either Party.
You agree that any fees associated with the use of the Services are considered final payments and are non-refundable.
Additional terms regarding fees for the Payroll Services are set out below in Section 16 of these Terms of Service.
Content and Use of Services
You agree that the content of information and materials posted on NannyLane by you is accurate, current and complete. In addition, you represent and warrant as follows:
Only the intellectual property rights owner or the owner's authorized agent is permitted to report potentially infringing materials through this process. If you are not the intellectual property rights owner or the owner's authorized agent, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Service.
Notification: Careguide respects the intellectual property rights of others, and we require you to do the same when interfacing with the Website.
Careguide may, in appropriate circumstances and at our discretion, terminate service and/or access to this Website for users who infringe and/or repeatedly infringe the intellectual property rights of others.
If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Website and/or Services, please provide our designated agent the following information:
1100 - 119 Spadina Ave
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We hereby grant you a limited, non-exclusive, personal, non-transferable, non-sub-licensable and revocable right and license to
These Terms of Service do not grant you any other right or license, whether express or implied, by estoppel, or otherwise in or under any patent, trademark, copyright, or other intellectual property or proprietary right of CareGuide or any third party.
We may terminate this license at any time for any reason whatsoever.
NannyLane and all intellectual property rights in NannyLane are owned by CareGuide.
We reserve all intellectual property rights, including but not limited to, copyright, trade-marks, domain names, design rights, brand elements, database rights, patents, and all other intellectual property rights of any kind, whether registered or unregistered.
All brand elements, company name, website names, logos, registered and unregistered trade-marks displayed on NannyLane or used in connection with the Services are the trade-marks of CareGuide (or its suppliers, partner businesses or third party licensors).
Any use or misuse of any trade-marks or brand elements of CareGuide or any other content appearing on NannyLane or in connection with the Services except as provided in these Terms of Service or with the express written consent of CareGuide is strictly prohibited.
Nothing contained on NannyLane shall be construed as an express or implied grant of any license or right to use any trade-mark or brand element without our prior written consent.
In addition to complying with these Terms of Service, you agree to use NannyLane and Services for lawful purposes only and in a manner consistent with all applicable local, national or international laws and regulations, including all privacy and personal information laws.
NannyLane and any Services shall not be used where, and to any extent, such use is prohibited by law.
We encourage all Users to report any misconduct, misuse or unlawful activities of other Users, including, but not limited to activities on NannyLane and in connection with the Services provided.
Please contact us at [email protected].
We reserve the right, in our sole discretion, to terminate your account or access to part or all of the Website, App and/or Services in the event that we determine you are not eligible to use the Services or have violated any of the provisions of the Terms of Service, or have misused the Website, App or Services in any way.
YOU ACKNOWLEDGE THAT ANY USE OF OR RELIANCE ON THIS WEBSITE OR THE SERVICES IS COMPLETELY AT YOUR OWN RISK.
UNDER NO CIRCUMSTANCES SHALL CAREGUIDE OR THE NANNYLANE PARTIES BE LIABLE TO YOU OR TO ANY OTHER PARTY, FOR ANY LOSSES, COSTS OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF (OR THE INABILITY TO USE) NANNYLANE, THE SERVICES, OR ANY CAREGUIDE CONTENT OR THIRD PARTY CONTENT (REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, EQUITY, STRICT LIABILITY, BY STATUTE OR OTHERWISE AND REGARDLESS OF THE OCCURRENCE OF A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE).
We are not a party to the relationship between the Service Seeker and the Service Provider, and shall not, in any way, be liable to a Service Seeker or Service Provider or any other third party, arising, either directly or indirectly from such employment or independent contractor agreement between the parties.
IN NO EVENT WHATSOEVER SHALL ANY OF CAREGUIDE, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND THIRD-PARTY CONTRACTORS, SUPPLIERS AND LICENSORS (COLLECTIVELY THE "NANNYLANE PARTIES") BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF NANNYLANE OR THE PROVISION OF THE SERVICES (INCLUDING IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM NANNYLANE OR THE USE OF, OR RELIANCE ON, ANY CAREGUIDE CONTENT OR OTHER INFORMATION OR DATA CONTAINED ON OR PROVIDED THROUGH NANNYLANE, OR SERVICES, OR LOSS OF OR DAMAGE TO FILES OR DATA OR ANY COSTS OF RECOVERING OR REPRODUCING ANY FILES OR DATA OR LOSS OF USE OR LACK OF AVAILABILITY OF SERVICES OR ANY BUSINESS INTERRUPTION OR LOSS OF REVENUE OR PROFIT OR ANY OTHER ECONOMIC LOSS WHATSOEVER) HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION AND WHETHER OR NOT FORESEEABLE, EVEN IF THE NANNYLANE PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES. THE TOTAL AND AGGREGATE LIABILITY OF THE NANNYLANE PARTIES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS TO YOU FOR ANY AND ALL CLAIMS RELATING TO YOUR USE, MISUSE, INABILITY TO USE, OR RELIANCE ON THE SERVICES SHALL NOT EXCEED THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS AND THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES DURING THE TWELVE (12) MONTHS PERIOD PRIOR TO THE CLAIM.
You agree to indemnify and hold CareGuide, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of the Users use of or conduct respecting the Services and NannyLane or your content.
NannyLane is administered by CareGuide from a site that is located in Ontario, Canada. You acknowledge and agree that your use of NannyLane and all of the communications, transmissions and transactions associated with the Website and/or App and the provision of the Services shall be deemed to have occurred in the Province of Ontario, Canada. You agree that these Terms of Service shall be exclusively governed by, construed and interpreted in accordance with the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein. In the event of a dispute under these Terms of Service, such dispute shall be resolved in the Courts of the Province of Ontario.
It is the express will of the parties that these Terms of Service and all related documents on NannyLane are in English.
These Terms of Service are not assignable, transferable, or to be sub-licensed by you except with our prior written consent. We may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
The content and material appearing on NannyLane could include technical, typographical or photographic errors. We do not warrant that any of the materials provided are accurate or current.
Your access and viewing of any third party websites or resources is conducted at your own risk.
YOU UNDERSTAND AND AGREE THAT NANNYLANE, THE SERVICES, ANY CONTENT AND OTHER INFORMATION, DATA AND MATERIALS AVAILABLE ON THE WEBSITE, APP OR PROVIDED AS PART OF THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
NannyLane offers Users the option to enroll in the Payroll Service: a platform within NannyLane that facilitates the payment from the Service Seeker to the Service Provider for the services provided. The Payroll Services include payroll calculation, payment processing, regulatory remittances to Canada Revenue Agency, payroll statement production, and service support.
Before using the Payroll Services, you will be required to agree to an applicable notice that you have read and agree with the terms in this section 16 of the Terms of Service regarding the Payroll Services and processing of your Personal Information, including Financial Information (defined below) collected, stored and used. Your agreement to the notice is required in order to use the Payroll Services and indicates your consent for us to process your Personal Information and for the purposes identified.
If you elect to use and register for the Payroll Services, the following terms and conditions apply to you, in addition to the Terms of Service stated herein.
If you elect to register for the Payroll Services, certain sensitive information, including your Social Security Number and certain financial information including bank account number(s) (collectively referred to as "Financial Information") are required to be collected when you sign up for a User Account. If you are a Service Seeker, by registering for the Payroll Services, you hereby represent and warrant that you are legally permitted to hold employment in the United States of America and you consent to the voluntary provision of your Financial Information as required for the processing of payment for employment. If you are a Service Provider, by registering for Payroll Services, you consent to the provision of your Financial Information as required for us to provide the Payroll Services, as described in this Terms of Service.
You expressly authorize us and our payroll service provider on our behalf or as agent for any assignee to access the bank account designated in the Financial Information (including any new bank account that you identify to us from time to time) for all withdrawals and payments to us described in these Terms of Service and to correct any overpayments and any other debit or direct deposit errors. Each regular debit for Default Payroll and the Payroll Services Fee will be withdrawn from the Service Seeker's bank account in accordance with the Withdrawal Date indicated below. Any debit required to correct any debit error or otherwise in respect of a payment described under these Terms of Service that is owing to us but has not been collected from the Service Seeker will be withdrawn from the Service Seeker's bank account on the next Withdrawal Date or on or about the date that we advise the Service Seeker. Any debit required to correct an overpayment or direct deposit error will be withdrawn from the Service Provider's bank account on or about the date that we advise the Service Provider. We may also correct any overpayment by deducting the amount of such overpayment from the next scheduled payment to the Service Provider. If any debit is dishonoured or not processed by your bank for any reason, you agree that we may issue another debit in substitution for the dishonoured debit.
You understand that you may cancel this PAD Authorization any time upon thirty (30) days' written notice to us, however, if you do so, you will be obligated to make all payments described in these Terms of Service and you will be responsible repay any overpayments to us. If you cancel this PAD Authorization, we will be unable to provide the Payroll Services. To obtain a sample cancellation form, or for more information on your rights to cancel, you may contact your bank. You have certain recourse rights if any debit does not comply with this PAD Authorization. To obtain a form or for a reimbursement claim or for more information on your recourse rights, you may contact your bank.
The Payroll Services will calculate payroll deductions for each Service Provider of the Service Seeker while adhering to all current statutory deduction rates set by the relevant tax authority. We shall be responsible for withholding and remitting the Service Seeker's statutory remittances including income tax, employment insurances, government pension plans, and other government remittances relating to payroll. Service Seeker is responsible for reviewing copies of the tax return(s) which will be filed by us, on Service Seeker's behalf.
The following dates and terms will apply to this section of the Terms of Service:
THE SERVICE SEEKER AGREES TO INFORM US IMMEDIATELY IN WRITING OF ANY CHANGE IN THE EMPLOYMENT STATUS OF THEIR SERVICE PROVIDER, including employment hours, resignation, termination, leave of absence, or extended holidays. The Service Seeker is aware and agrees that failure to inform us of a Service Provider's end of employment may cause the Service Provider to be paid unnecessarily, or incorrectly, and the Service Seeker is responsible should this occur.
Except as otherwise required by applicable laws, when you register for the Payroll Services, you agree that any eligible vacation pay will be paid to the Service Provider when he/she takes vacation time (referred to as "Accrued Vacation Pay"). EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAWS, UNLESS YOU NOTIFY US OF AN ALTERNATIVE METHOD FOR VACATION PAY, VACATION PAY WILL BE PAID TO THE SERVICE PROVIDER ON AN ACCRUED VACATION PAY BASIS.
Alternatively, except as otherwise required by applicable laws, if you agree with the Service Provider, in writing, that his/her eligible vacation pay will be paid at an appropriate rate on each pay cheque for each pay period, and no Accrued Vacation Pay will be paid, you must provide advanced notice to us to implement this method of vacation pay.
The amount of vacation pay will be indicated on the pay cheque to the Service Provider, and pay report to you, separate from any other amounts paid to the Service Provider. You may also request that we provide a separate pay report for the vacation pay being paid.
Either party may terminate, withdraw, or discontinue all or part of the Payroll Services by notifying the other party in writing with a minimum of 30 days' notice.
The first Payroll Services Fee payment is made when a User signs up for the Payroll Services and shall cover the term as chosen by the User (the "Initial Term").At the end of the Initial Term, User agrees that the Initial Term will be automatically renewed for successive period(s) (each a "Renewal Term", collectively with Initial Term referred to as "Term"), and is a recurring charge that is automatically charged to the User. Either Party may terminate the Payroll Services and associated Payroll Services Fee in accordance with the Termination provision in section 17.g) of these Terms of Service.
If you have any questions about the Terms of Service, or need to provide notice to, or communicate with, us under the Term of Use, please contact us by email [email protected], by delivery in person, by courier or by mail, to Company at:119 Spadina Ave, Unit 1100