These Terms of Service (these “Terms”) contain 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 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 (defined below). We own, operate and maintain the Nanny Lane website at www.nannylane.com (“Website”), the Nanny Lane mobile application (“App” and referred to collectively with the Website, as “Nanny Lane”) and Services. By downloading, accessing and/or using Nanny Lane, you are deemed to have read and be bound by these Terms which shall govern your access and use of Nanny Lane, including any content, functionality, and Services offered on or through Nanny Lane, whether as a guest or a registered user.
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 of the Nanny Lane (“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. The extent of the relationship between the Service Seeker and any Service Provider will be defined by those parties, without any input, control, insight, or direction from Us.
We do not verify, review, evaluate, interview, screen or perform any background checks on any Users or Service Seekers or the content posted by the Users or Service Seekers on Nanny Lane. By accessing the Matching Service, You are deemed to have knowingly and voluntarily assumed all risks, known or unknown, 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 complete payroll and tax services. 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, we do not independently verify, and 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 19 of these Terms.
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. The Service Seeker agrees that the fee shall be automatically renewed based on the term chosen by the Service Seeker (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 19 of these Terms.
You agree that the content of information and materials posted on Nanny Lane by you is accurate, current and complete. In addition, you represent and warrant as follows:
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from Nanny Lane infringe your copyright, you may request removal of those materials (or access to them) from Nanny Lane by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Our designated copyright agent to receive DMCA Notices is:
1100 - 119 Spadina Ave
Nanny Lane Compliance Officer
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.Counter Notification Procedures
If you believe that material you posted on Nanny Lane was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
Our designated agent to receive Counter Notices is:
1100 - 119 Spadina Ave
Nanny Lane Compliance Officer
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on Nanny Lane was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
We hereby grant you a limited, non-exclusive, personal, non-transferable, non-sub-licensable and revocable right and license to:
These Terms 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.
Nanny Lane and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by CareGuide, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use Nanny Lane for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Nanny Lane, except as follows:
You must not:
You must not access or use for any commercial purposes any part of Nanny Lane or any services or materials available through Nanny Lane.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of Nanny Lane in breach of these Terms, your right to use Nanny Lane will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to Nanny Lane or any content on Nanny Lane is transferred to you, and all rights not expressly granted are reserved by CareGuide. Any use of Nanny Lane not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
All brand elements, company name, website names, logos, registered and unregistered trademarks displayed on Nanny Lane or used in connection with the Services are the trademarks of CareGuide (or its suppliers, partner businesses or third party licensors).
Any use or misuse of any trademarks or brand elements of CareGuide or any other content appearing on Nanny Lane or in connection with the Services except as provided in these Terms or with the express written consent of CareGuide is strictly prohibited.
Nothing contained on Nanny Lane 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, you agree not to use Nanny Lane or Services:
We encourage all Users and Service Seekers to report any misconduct, misuse or unlawful activities of other Users or Service Seekers, including, but not limited to activities on Nanny Lane 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 these Terms, or have misused the Website, App or Services in any way. For Service Providers who have been retained by Service Seekers, any termination of the relationship between those parties will be done by those parties. We have no input in the establishment or termination of the relationship between any Service Provider and Service Seeker.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or Nanny Lane will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF NANNY LANE OR ITEMS OBTAINED THROUGH NANNY LANE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF NANNY LANE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH NANNY LANE IS AT YOUR OWN RISK. NANNY LANE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH NANNY LANE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CAREGUIDE NOR ANY PERSON ASSOCIATED WITH CAREGUIDE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF NANNY LANE. WITHOUT LIMITING THE FOREGOING, NEITHER CAREGUIDE NOR ANYONE ASSOCIATED WITH CAREGUIDE REPRESENTS OR WARRANTS THAT NANNY LANE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH NANNY LANE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT NANNY LANE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT NANNY LANE OR ANY SERVICES OR ITEMS OBTAINED THROUGH NANNY LANE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, CAREGUIDE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, CAREGUIDE, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND THIRD-PARTY CONTRACTORS, SUPPLIERS AND LICENSORS (COLLECTIVELY THE “NANNY LANE PARTIES”) SHALL NOT 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 CONNECTION WITH THE USE OF (OR THE INABILITY TO USE) NANNY LANE, 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) IN EXCESS OF THE MAXIMUM AGGREGATE AMOUNT EQUAL TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES DURING THE TWELVE (12) MONTHS PERIOD PRIOR TO THE CLAIM.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE NANNY LANE 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 NANNY LANE 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 NANNY LANE OR THE USE OF, OR RELIANCE ON, ANY CAREGUIDE CONTENT OR OTHER INFORMATION OR DATA CONTAINED ON OR PROVIDED THROUGH NANNY LANE, 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 NANNY LANE PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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.
You agree to indemnify, defend and hold the Nanny Lane Parties harmless from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of your violation of these Terms or your use of or conduct respecting the Services and Nanny Lane or your content.
As a condition of using the Service, the Service Provider agrees to the following terms and conditions of this Section 17:
Nanny Lane offers Service Seekers the option to enroll in the Payroll Service: a platform within Nanny Lane 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 the U.S. Internal Revenue Service and any applicable state and local taxing authorities, 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 19 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 dishonored or not processed by your bank for any reason, you agree that we may issue another debit in substitution for the dishonored debit. You understand that you may cancel this PAD Authorization any time upon thirty (30) days’ written notice 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:
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 check 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 check 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 Service Seeker signs up for the Payroll Services and shall cover the term as chosen by the Service Seeker (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 19(G) of these Terms.
Any California consumers have the right to access information by submitting a Verifiable Consumer Request for disclosure of information collected and shared, or a Personal Information that the Business has collected about them at [email protected] or at +1 855-874-8837 with the action being completed within 45 days from submitted date.
If you have any questions about these Terms, or need to provide notice to, or communicate with, us under these Terms, please contact us by email [email protected], by delivery in person, by courier or by mail, to CareGuide at:119 Spadina Ave, Unit 1100