Cancellation Policy

WeBookCare Cancellation Policy

Effective as of: July 9, 2021

These terms and conditions govern WeBookCare’s policy for Care Seeker refunds (“Cancellation Policy”) and the obligations associated with the Cancellation Policy. The Cancellation Policy applies in addition to WeBookCare’s Terms of Use (“WeBookCare Terms”). The Cancellation Policy is available to Care Seekers who post jobs, offer jobs and pay for Health Care Worker care services through the WeBookCare Platform and suffer a care issue (as defined below).

All capitalised terms shall have the meaning set forth in the WeBookCare Terms of Use otherwise defined in this Cancellation Policy.

By using the WeBookCare Platform as a Health Care Worker or Care Seeker, you are indicating that you have read and understand and agree to be bound by this Cancellation Policy.

1.0 Health Care Worker Issue

A “Health Care Worker Issue” means any one of the following:

(a) the Health Care Worker (i) cancels 24 hours or more before the scheduled start of the job-unless there’s an extenuating circumstance-the Care Seeker will receive a 100% refund for the Health Care Workers fees, or;

(b) the Health Care Workers profile description or care services are inaccurate with respect to:

* Clinical skills and knowledge (e.g., unable to demonstrate care services)

* Knowledge of Safe Work Practices

* Interpersonal Skills

* Work Performance/Helpfulness

* Punctuality

* Compatibility  

* Interaction with Care Seeker/Care Recipient/others

* Professionalism

(c) at the start of the Care Seeker’s job if the care services would be reasonably expected to adversely affect the Care Recipients' health and safety in WeBookCare’s judgement or the Health Care Workers has not upheld WeBookCare’s performance requirements or Health Care Worker standards at the care location.

2.0 The Cancellation Policy

WeBookCare’s Cancellation Policy is final and binding on Care Seekers and Health Care Workers but does not affect other contractual or statutory rights you may have. Any right that you may have to initiate legal action remains unaffected. If you report a Health Care Worker Issue up to 24 hours after the job starts, we agree, at our discretion, to either reimburse you the amount paid by you through the WeBookCare Platform (“Healthcare Worker Fees”), or (ii) use our reasonable efforts to help you find and book another Healthcare Worker who is reasonably comparable to or better than the Health Care Worker needed in your original job in terms of schedule, care services, and credentials. WeBookCare shall decide whether an issue reported by a Care Seeker qualifies as a Health Care Worker Issue, whether to reimburse or schedule a Care Seeker who suffers a Health Care Worker Issue, and whether an alternate Health Care Worker is comparable or better.

3.0 Conditions for making a Claim

To submit a valid claim for a Health Care Worker Issue and receive the benefits with respect to your job, you are required to meet each of the following conditions:

(a) you must be the Care Seeker that hired the Health Care Worker;

(b) you must report the Health Care Worker Issue to us in writing or via telephone within 24 hours of discovering the existence of the Health Care Worker Issue, and you must provide us with information (including photographs, videos, or other written or tangible evidence) about the Health Care Worker and the circumstances of the Health Care Worker Issue;

(c) you must respond to any requests by us for additional information or cooperation on the Health Care Worker Issue within the time specified by WeBookCare;

(d) you must not have directly or indirectly caused the Health Care Worker Issue (through your action, omission or negligence);

(e) unless otherwise specified by WeBookCare or WeBookCare advises you that the Health Care Worker Issue cannot be remediated, you must use reasonable efforts to try to remedy the circumstances of the Health Care Worker Issue with the Health Care Worker; and

(f) to receive a reimbursement of Health Care Worker Fees or assistance with booking an alternative Health Care Worker, you must agree to cancel the job. If you choose to keep the Health Care Worker, you may still qualify for a partial refund at WeBookCare’s discretion as described in this policy (regardless of whether you reported the Health Care Worker Issue up to 24 hours after the job started).

4.0 Minimum Performance Requirements, Health Care Worker Standards, Care Seeker Responsibilities and Reimbursement to Care Seeker

4.1 If you are a Care Seeker, you are responsible for ensuring that the care location on the WeBookCare Platform is accessible, adequately, and safely equipped to perform care services, is safe and clean, and does not present a Health Care Worker with Care Seeker Issues, as specified in the Care Seeker Standards and Responsible Care Seeker Education Centre article. During a visit to the care location, Care Seekers should be available, or make a third party available, to try, in good faith, to resolve any Health Care Worker Issues or other care issues.

4.2 If you are a Health Care Worker, and if (i) WeBookCare determines that a Care Seeker has suffered a Health Care Worker Issue related to care services listed by you and (ii) WeBookCare either reimburses that Care Seeker (up to their Total Health Care Worker Fees) or provides an alternative Health Care Worker to the Care Seeker, you agree to reimburse WeBookCare up to the amount paid by WeBookCare within 30 days of WeBookCare’s request. You authorize WeBookCare Payments to collect any amounts owed to WeBookCare by reducing your Payout or as otherwise permitted pursuant to the Payments Terms.

4.3 As a Health Care Worker, you understand that the rights of Care Seekers under this Cancellation Policy will supersede your selected cancellation policy, if applicable. If you dispute the Health Care Worker Issue, you may notify us in writing or via telephone and provide us with information (including photographs or other evidence) disputing the claims regarding the Health Care Worker Issue. In order to dispute a Health Care Worker Issue, you must use reasonable and good faith efforts to try to remedy any Health Care Worker Issue with the Care Seeker unless WeBookCare advises you that the Health Care Worker Issue cannot be remediated, or the Care Seeker has found alternative care services.

5.0 Health Care Worker Cancellations

Health Care Workers can cancel jobs penalty-free 3 times in one year. Otherwise, cancellation penalties may apply in the extenuating circumstances described in this section, unless they reasonably believe and we confirm based on a review of available evidence such as message threads or previous ratings that mention home care services, that the care services are different than what was offered. Examples include:

Care services are different

Care location is different

Home modifications such as lifts, type of bed, and commode is not available or not suitable

Health Reasons

Inaccurate Care Recipient Care Plan

Health Care Worker cannot access the care location

Property is unsafe

Care Recipient is unsafe

Conflict with family/visitors/Care Recipient

Health Care Worker Cancellation Fee

Health Care Workers may be charged a fee if they cancel a confirmed job and the 3 penalty-free cancellations in one year have been exceeded. The amount deducted will depend on when the job was accepted and how soon before the job was cancelled. It’s important to keep in mind that penalty-free cancellations are only available for extenuating circumstances.

• More than 24 hours before the job, we’ll deduct $50 CDN
• Less than 24 hours before the job, we’ll deduct $100 CDN

The cancellation fee will be waived if the Health Care Worker has not cancelled three or less times in the current calendar year or in certain extenuating circumstances.

6.0 General Provisions

6.1 No Assignment/No Insurance. This Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Care Seeker, and the Care Seeker has not paid any premium in respect of the Refund Policy. The benefits provided under this Refund Policy are not assignable or transferable by you.

6.2 Modification or Termination. WeBookCare reserves the right to modify or terminate this Refund Policy, at any time, in its sole discretion. If WeBookCare modifies this Refund Policy, we will post the modification on the WeBookCare Platform or provide you with notice of the modification and WeBookCare will continue to process all claims for Health Care Worker Issues made prior to the effective date of the modification according to the then applicable policy.

6.3 Entire Agreement. This Cancellation Policy constitutes the entire and exclusive understanding and agreement between WeBookCare and you regarding the Cancellation Policy and supersedes and replaces any and all prior oral or written understandings or agreements between WeBookCare and you regarding the Refund Policy.

7.0 Contacting WeBookCare

If you have any questions about the Cancellation Policy, please contact us.