Effective: July 9, 2021
1.0 Acceptance of Terms. These Terms of Service (the “Terms”) are a binding legal agreement between you and WeBookCare.com Home Care Ltd., a company incorporated under the laws of British Columbia with a registered office at Suite 990, 1040 West Georgia Street, Vancouver, BC V6E 4H1 (“WeBookCare,” “we,” “us” and “our”). WeBookCare owns and operates an information technology platform consisting of a website at https://www.WeBookCare.com (and any localized version), mobile applications and mobile websites, Facebook application, online and phone support offerings and any other access point we make available to you (collectively, the “WeBookCare Platform”). The WeBookCare Platform offers an online venue that enables caregivers (“Health Care Workers”) and care seekers (“Care Seekers”) to find each other, communicate with each other, and arrange for the provision of care services (“Care Services”) (collectively, our “WeBookCare Service”). The Terms govern all of your (“Users”, “you”, “your”) use of our WeBookCare Service and WeBookCare Platform. Our WeBookCare policies applicable to your use of the WeBookCare Service are incorporated by reference into these Terms. BY USING THE WEBOOKCARE PLATFORM OR WEBOOKCARE SERVICE, YOU ACCEPT AND AGREE TO COMPLY WITH THESE TERMS. IF YOU DO NOT ACCEPT AND AGREE WITH THESE TERMS, YOU DO NOT HAVE THE RIGHT TO USE THE WEBOOKCARE PLATFORM OR THE WEBOOKCARE SERVICE.
You understand and agree that we may change the Terms from time to time, and that any such changes will be effective (except as otherwise described in Section 17.10 below) when we post the modified Terms on the WeBookCare Platform, unless otherwise required by applicable law. Your continued access and use of the WeBookCare Platform and WeBookCare Service after we post the modified Terms will constitute your consent to be bound by the modified Terms.
2.0 WeBookCare Service.
2.1 Nature of the WeBookCare Service. The WeBookCare Service consists of the WeBookCare Platform that allows Care Seekers and Health Care Workers to find, communicate with and interact with each other for the purpose of providing and receiving Care Services (the “Purpose”). The WeBookCare Service includes our 24/7 support services, educational materials for Health Care Workers, and other services.
As the provider of the WeBookCare Platform, WeBookCare does not control, offer or manage any Care Services. WeBookCare is not a party to the contracts entered into directly between Health Care Workers and Care Seekers, nor is WeBookCare a Care Service provider.
We charge fees for some aspects of the WeBookCare Service, as described below in Section 9. WeBookCare is not acting as an agent in any capacity for any Users, except as specified under Fees & Payment in Section 9.8.
2.2 WeBookCare does not provide Care Services. WeBookCare is a neutral venue for Health Care Workers and Care Seekers. WeBookCare is not a Care Service provider and, except for 24/7 customer service support and other resources and support specifically described in the WeBookCare Service, does not provide Care Services. We make no representations or warranties about the quality of Care Services or about your interactions and dealings with Users. Health Care Workers listed on WeBookCare are not under the direction or control of WeBookCare, and Health Care Workers determine in their own discretion how to provide Care Services. Though we provide general guidance on our WeBookCare Platform to Health Care Workers about safety and Care Services and to Care Seekers about selecting and engaging Health Care Workers, WeBookCare does not employ, recommend, or endorse Health Care Workers or Care Seekers, and, by using the WeBookCare Platform you expressly agree that, we are not be responsible or liable for the performance or conduct of Health Care Workers or Care Seekers in any manner whatsoever, whether online or offline. We conduct an initial review of Health Care Worker profiles and we facilitate Background Checks or Identification Verifications (each as described in Section 10, below) on Health Care Workers conducted by a third party, but, except where explicitly specified in the WeBookCare Service (and then only to the extent specified), do not otherwise screen Health Care Workers or Care Seekers. You should exercise caution and use your independent judgment before engaging a Health Care Worker, providing Care Services, or otherwise interacting with Users via the WeBookCare Platform and WeBookCare Service. Care Seekers and Health Care Workers are solely responsible for making decisions that are in the best interests of themselves and the Care Seeker. For example and without limiting the generality of any other provision of these Terms, each user of the WeBookCare Service is responsible for keeping current his or her own medications, and we will have no liability for anyone’s failure to medicate the Care Seeker.
WEBOOKCARE IS NOT A HOME CARE SERVICE PROVIDER AND DOES NOT VERIFY THE CREDENTIALS OF HEALTH CARE WORKERS. You agree that when you use the WeBookCare Service, you do so at your own risk.
2.3 Transactions are between Care Seekers and Health Care Workers. The WeBookCare Service may be used to find and offer Care Services and to facilitate payment, but all transactions conducted via the WeBookCare Platform are between Care Seekers and Health Care Workers. Except for the limited refunds specified in Section 9.6, you agree that WeBookCare has no liability for damages associated with Care Services (which may include bodily injury to, or death of, a loved one) or resulting from any other transactions between Users of the WeBookCare Service.
2.4 Jobs. Care Seekers and Health Care Workers transact with each other on the WeBookCare Platform when they both agree to a “job” that specifies the fees, time period, cancellation policy, and other terms for provision of Care Services via the scheduling mechanism provided on the WeBookCare Platform (a “Job”). A Job is initiated by the Care Seeker by selecting the type(s) of Care Services to be provided and then following the prompts that appear on-screen. If you are a Care Seeker and you initiate a Job Posting, you agree to pay for the Care Services described in the Job when you post a job. All requests are subject to acceptance by the receiving party. The receiving party is not obligated to accept your (or any) request and may, at their discretion, decline for any reason. You acknowledge that, once you complete a Job, you agree to honor the price and other terms of that Job, as acknowledged in the Job confirmation.
2.5 Care Seekers are Solely Responsible for Evaluating Health Care Workers. Care Seekers are solely responsible for evaluating the suitability of Health Care Workers for the care services they offer to provide. Please visit the Education Center for guidance about making informed decisions about engaging Health Care Workers. Though WeBookCare performs a limited review of Health Care Worker profiles, any such screening is limited, and WeBookCare does not warrant that any such screen is accurate, complete, conclusive or up-to-date. Similarly, WeBookCare does not endorse reviews of Health Care Workers by other Care Seekers that may be available via the WeBookCare Platform, and WeBookCare makes no commitments that such reviews are accurate or legitimate.
2.6 Not for Emergencies. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
WeBookCare Platform and WeBookCare Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the WeBookCare Platform. If you believe you have an emergency, call 9-1-1 immediately.
You should seek emergency help or follow up care when recommended by a Health Care Worker or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended.
Care Seekers may give their Health Care Workers contact information where they can be reached in the event medical care for a Care Seeker becomes necessary. Health Care Workers agree to immediately contact Care Seekers in the event such care becomes necessary or, if the Care Seeker is not available, to contact emergency services at the applicable telephone number. If you are a Care Seeker, you hereby authorize your Health Care Worker to obtain and authorise the provision of medical care for the Care Seeker if you cannot be reached to authorize care yourself in an emergency. If your Health Care Worker reaches you with a request to authorize medical care for the Care Seeker and you refuse, you release the Health Care Worker and WeBookCare for any injury, damage or liability arising from failure to seek such care, including from reimbursement that may otherwise have been available. Care Seekers are responsible for the costs of any such medical treatment for Care Seekers, if you are a Care Seeker, you hereby authorize WeBookCare to charge your credit card or other payment method for such costs. WeBookCare recommends that all Users have adequate health insurance to cover the costs of medical care.
2.7 Third Party Vendor Services. WeBookCare may offer Care Seekers and Health Care Workers phone, chat, or email information on advanced background checks, payroll, GPS timekeeping, emergency home care, health, and liability services from a third party to provide an educational resource for decisions you make about home care. All statements and/or opinions expressed in third-party content are solely the opinions of the person or company providing those materials and do not necessarily reflect the opinion of WeBookCare. WeBookCare accepts no responsibility or liability for the content or accuracy of any third-party materials.
3.0 Compliance with Applicable Law. By accessing and using the WeBookCare Platform and WeBookCare Service, you certify that you: (1) are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher, and (2) will comply with all laws and regulations applicable to your activities conducted through, or related to, the WeBookCare Platform and WeBookCare Service.
For Care Seekers, this means, among other things, that you will ensure that your home is safe from any risks as required by local laws or regulations; that you have obtained and will maintain any mandatory insurance policies concerning the Care Seeker whose care you entrust to Health Care Workers (and that such policies will benefit third parties, including Health Care Workers, to the same extent they benefit you).
For Health Care Workers, this includes that you are legally eligible to provide Care Services in the jurisdiction where you provide Care Services; that you have complied and will comply with all laws and regulations that are applicable to you; that you have obtained all business licenses and permits necessary to legally provide Care Services; and that, when providing Care Services, you will comply with applicable federal and provincial laws.
You acknowledge that WeBookCare is entitled to rely on these commitments from you, is not responsible to ensure that all Users have complied with applicable laws and regulations and will not be liable for a user’s failure to do so.
4.0 Use of the WeBookCare Platform and WeBookCare Service.
4.1 Your Conduct on the WeBookCare Platform and WeBookCare Service. When you use the WeBookCare Platform and WeBookCare Service, you agree:
To use the WeBookCare Platform and WeBookCare Service only in a lawful manner and only for its intended Purpose.
Not to submit viruses or other malicious code to or through the WeBookCare Platform.
Not to use the WeBookCare Service, or engage with other Users of the WeBookCare Service, for purposes that violate the law.
Not to arrange, request, make, or accept payment for a Job or any Care Services with another User outside of the WeBookCare Platform and WeBookCare Service to avoid paying fees, taxes or for any other reason (collectively, an “Outside Job”). You understand and agree each Outside Job will result in a fee of $1500 (the “Break Fee”) payable by the User to the Company. You agree that the Break Fee is fair and reasonable in light of the anticipated or actual harm caused by an Outside Job. For clarity, WeBookCare has no interest in or control over any interaction that you may have with another User that is unrelated to WeBookCare Service or your use of the WeBookCare Platform.
Not to use the WeBookCare Platform or WeBookCare Service for purposes of competing with WeBookCare or to promote other products or services.
Not to post reviews about Health Care Workers that aren’t based on your personal experience, that are intentionally inaccurate or misleading, or that violate these Terms.
Not to post content or materials that are pornographic, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or the legal rights (for example, privacy rights) of others.
Not to post “spam” or other unauthorized commercial communications.
To use the WeBookCare Service only for your own purposes, and not to impersonate any other person.
Not to transfer or authorize the use of your account for the WeBookCare Service by any other person, or to engage in fraudulent transactions.
Not to provide false information in your profile on, or registration for, the WeBookCare Service, or to create multiple or duplicate accounts.
Not to interfere with our provision of, or any other user’s use of, the WeBookCare Service.
Not to solicit another user’s username and password for the WeBookCare Service or any other sensitive personal information, including bank details.
4.2 Suspension and Termination. You understand and agree that we have no obligation to provide the WeBookCare Platform and WeBookCare Service in any specific location or territory, nor to continue providing it once we have begun. We reserve the right to suspend or terminate your access to the WeBookCare Platform and WeBookCare Service immediately if: (1) in our discretion your conduct on the WeBookCare Platform or WeBookCare Service is inappropriate, unsafe, dishonest, or in breach of these Terms; or (2) necessary, in our discretion to protect WeBookCare, its Users or the public. You may suspend or terminate your use of the WeBookCare Service at any time and for any reason. If you wish to deactivate your account, please contact WeBookCare. Note that if you have any outstanding payment obligations, including the Break Fee if applicable, those will survive suspension or termination of your account.
5.0 Registration. Account Security. To use some aspects of the WeBookCare Service, you will be required to create a username, password, and user profile. If you elect to use the WeBookCare Service, you agree to provide accurate information about yourself and keep this information up to date. You agree not to impersonate anyone else and not to maintain more than one account (or, if WeBookCare suspends or terminates your account, not to create additional accounts). You are responsible for maintaining the confidentiality of your username and password for the WeBookCare Service and are responsible for all activity under your account. You agree to notify us promptly of any unauthorized use of your account.
7.0 Your Content.
7.1 Your Content. We may require or allow you (or someone else on your behalf) to submit or upload text, photographs, images, videos, reviews, information, and materials to your profile on the WeBookCare Platform or otherwise in connection with using the WeBookCare Service and/or participating in promotional campaigns we conduct on the WeBookCare Platform (collectively, “Your Content”). For example, Health Care Workers are invited to create a profile page with a photograph and other information and to transmit photos of the Care Seeker under their care to Care Seekers, while Care Seekers may submit reviews of Health Care Workers.
7.3 Release. If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive, and release WeBookCare and its Users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Your Content in accordance with the license in Section 7.2 and the other provisions of these Terms.
7.4 Your Representations and Warranties about Your Content. You represent and warrant that (1) you are the owner or licensor of Your Content, and that you have all rights, consents, and permissions necessary to grant the license in Section 7.2 and make the release in Section 7.3 with respect to Your Content, (2) that you have any necessary consents and releases from individuals who appear or whose homes appear in Your Content; and (3) Your Content does not violate the law or these Terms.
7.5 Right to Remove or Screen Your Content. Though we are not obligated to do so, we reserve the right to monitor, screen, edit and/or remove Your Content on the WeBookCare Platform. Our enforcement of these Terms with respect to Your Content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of our right to enforce them in another instance. We have no obligation to retain or provide you with copies of Your Content, nor will we have any liability to you for any deletion, disclosure, loss or modification to Your Content. It is your sole responsibility to maintain backup copies of Your Content.
8.0 Phone, Text and Mobile Communications.
8.2 Phone Number Changes. In the event you deactivate a mobile phone number provided to us, you agree to update your WeBookCare account information promptly to ensure that messages are not sent to the person who acquires your old number.
9.0 Fees & Payment.
9.1 Currency. All fees, deductible amounts and other payments referenced on, or charged through, the WeBookCare Service are listed and payable in local currency.
9.2 Fees for Care Seekers. Care Seekers may purchase Care Services from a Health Care Worker by completing a Job as described in Section 2.5. If you are a Care Seeker, you enter a transaction with the Health Care Worker when they accept a Job, and you agree to pay the total fees indicated in the Job. As described in Sections 9.3 and 9.4, the total amount Care Seekers are charged for a Job may also include a service fee payable to WeBookCare. Where required by law, the amount charged will also be inclusive of applicable taxes. The Health Care Worker, not WeBookCare, is responsible for performing the Care Services.
9.3 Service Fees. We charge service fees for some aspects of the WeBookCare Service. If you are a Care Seeker, except where otherwise specified via the WeBookCare Service, our service fee is calculated as a percentage of the fees you agree to pay in a Job and is collected from each Job. Our service fees are described here.
9.4 Late Fees and Additional Charges. If you are a Care Seeker, you acknowledge and agree that, if you fail to take care of the Care Recipient at the end of the service period agreed in a Job, you will be charged for additional service time (pro rata for each partial late day) at the rate established in the Job. In addition, you agree to indemnify WeBookCare from, and agree that we may charge your credit card or other payment method for, any additional costs and expenses we or the Health Care Worker incur because of your failure to care for the Care Recipient at the end of the service period agreed in a Job.
9.5 Cancellations & Refunds. Emergency Cancellations by Health Care Worker. WeBookCare can help you find replacement Health Care Workers when Health Care Workers cancel Jobs near the start date of the service period identified in the Job. The availability of the replacement depends on the timing of the cancellation and the type of Care Services provided; consult the Help Centre for details. We do not guarantee that a Health Care Worker will be available within any particular time.
Cancellations by Health Care Worker. If a Health Care Worker cancels a Job prior to or during the service period identified in the Job, we will refund the fees paid by the Care Seeker for Care Services not provided, including any service charge paid to WeBookCare in accordance with the extenuating circumstances policy or WeBookCare’s cancellation policy. If you are a Health Care Worker, you can appoint a Co-Health Care Worker; if available (as agreed by the Care Seeker and so long as the substitute has an active account on the WeBookCare Service and has agreed in writing to accept a Job) by contacting WeBookCare to modify the Job. If you do not find a Co-Health Care Worker and repeatedly cancel accepted Jobs without justification, WeBookCare may terminate your account.
Cancellations by Care Seeker. If a Care Seeker cancels a Job prior to or during the service period specified in a Job, we will refund the Health Care Worker fees in accordance with the extenuating circumstances policy or WeBookCare’s cancellation policy. All Care Seekers are required to uphold WeBookCare’s cancellation policy prior to completing a Job so that Health Care Workers are protected under the cancellation policy prior to Job. For more information about WeBookCare’s cancellation policy, please visit the Help Center.
Force Majeure. The WeBookCare cancellation policy described herein may not apply in the event of certain extenuating situations beyond the control of Health Care Workers and/or Care Seekers that make it impossible or impractical to perform agreed Jobs, such as evacuations resulting from earthquake, hurricane, wildfire, flood, war, riots or other similar disasters. In such cases WeBookCare may, in its reasonable discretion, issue refunds under terms that vary from a Health Care Workers selected cancellation policy.
Refunds for Failure to Perform. If we determine in our reasonable discretion that a Health Care Worker has failed to provide Care Services as agreed with the Care Seeker or is otherwise in breach of these Terms, then we may, in our reasonable discretion, cancel a Job and/or issue a full or partial refund to a Care Seeker.
General Terms for Cancellations. If you wish to cancel a Job, you must use the mechanisms available through the WeBookCare Service to do so. For purposes of the policies and terms in this Section 9.6, the date of cancellation is the date that a user cancels through the WeBookCare Service, regardless of any separate communications between Users outside of the WeBookCare Service.
Payment Disputes; Payment Outside of the WeBookCare Service. WeBookCare initiates payments to Health Care Workers 48 hours after the completion of a Job or pay period. Once these amounts have been disbursed, any further payment disputes are between the Care Seeker and the Health Care Worker and WeBookCare has no obligation to mediate or facilitate any resolution. Further, WeBookCare has no responsibility or liability with respect to any tips, bonuses, or other payments made outside of the WeBookCare Service.
9.6 Payment Holds. If you are a Health Care Worker, WeBookCare reserves the right to issue a hold on amounts otherwise payable to you pursuant to Section 9.3 if there is a reasonable suspicion of fraudulent activity involving your account(s) or for other similarly compelling reason involving protection of WeBookCare, the WeBookCare community or third party rights. We may also recommend that third party payment vendors restrict your access to funds in your account under the same circumstances.
9.7 Authorization to Charge. When you pay for Care Services or for other services on the WeBookCare Platform, you will be required to provide us with valid, up-to-date credit card or other payment information and to maintain that payment information (or an acceptable alternative payment method) on file with your account so long as you have any outstanding, confirmed Jobs. WeBookCare’s role is to facilitate payments from Care Seekers to Health Care Workers as limited payment agent for the Health Care Worker. You authorize us to charge your credit card or another payment method for fees you incur on the WeBookCare Service as they become due and payable, and to charge any alternative payment method WeBookCare has on record for you in the event your primary payment method is expired, invalid, or otherwise not able to be charged. You are responsible for maintaining up-to-date payment information. If we cannot charge you for fees when due because your payment information is no longer valid, or if we do not receive your payment when due, then you understand that neither WeBookCare nor the Service Provider will be responsible for any failure to provide services associated with those fees. Except as expressly provided in these Terms, all fees paid via the WeBookCare Platform are non-refundable once paid.
9.8 Taxes. Except for taxes on WeBookCare’s income and gross receipts or where WeBookCare is otherwise required to collect taxes, you acknowledge that you are solely responsible to pay any applicable taxes that arise as a result of your purchase, provision, or use of Care Services via the WeBookCare Platform. This includes, without limitation, any form of sales tax, or income tax on fees paid or received by you through the WeBookCare Platform.
10. Background Checks and Identity Verifications.
WeBookCare may provide Health Care Workers with access to third party consumer reporting agencies that perform, among other things, personal identification verification services (“Identity Verification”) or criminal records checks, sex offender registry checks, motor vehicle records checks and/or identification verifications (collectively, “Background Checks”). Outside of Canada, these services are limited to Identity Verification. We do not provide and are not responsible or liable in any manner for, the Background Checks or Identity Verifications, and we do not endorse or make any representations or warranties regarding the reliability of such Background Checks or Identity Verifications or the accuracy, timeliness, or completeness of any information in the Background Checks or Identity Verifications. We do not independently verify information in the Background Checks or Identity Verifications.
If you undergo a Background Check or Identity Verification via the WeBookCare Service, you hereby consent to the collection, use and disclosure of the information in the Background Check or Identity Verification, and you agree to provide complete and accurate information for your Background Check or Identity Verification. You understand and agree that WeBookCare may, in its sole discretion, review and rely on the information in the Background Check or Identity Verification in deciding whether to suspend or terminate or investigate a complaint about a Health Care Worker, but also that we are not obligated to do so, and are not responsible or liable in any way in the event that any information in any Background Check or Identity Verification is not accurate, timely or complete. If you are the subject of a Background Check or Identity Verification, you may contact the applicable third-party consumer reporting agency to dispute the accuracy, timeliness or completeness of such information. You agree that WeBookCare’s rights and obligations under the Arbitration Agreement inure to the benefit of the consumer reporting agency used for Background Checks or Identity Verification in respect of any claim that would be subject to the Arbitration Agreement if brought against us. WeBookCare reserves the right to suspend or terminate your access to the WeBookCare Service based on information in the Background Check or Identity Verification or for any other reason, or no reason, in our sole discretion.
Care Seekers remain fully responsible to evaluate and investigate their Health Care Workers. Be aware of the following limitations in Background Checks: Except as otherwise expressly provided in these Terms or through the Service, WeBookCare does not automatically run Background Checks on any Users. Background Checks may vary by type, breadth and depth. Records not available to third-party Background Check agencies will not be included in the results. Not all arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are available in all jurisdictions. In many jurisdictions there is a delay before arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are included in Background Checks. Juvenile records and offenses for minors may not appear in the public record and are therefore not included in the results. Dismissed cases, arrests not resulting in convictions, arrests or convictions in foreign countries and nolle prosequi (abandonment of prosecution) may not be reported. Traffic violations are not included unless a jurisdiction reports them as criminal offenses. In the jurisdictions where traffic violations are reported as criminal offenses, such traffic violations may be included in the results as misdemeanors or felonies.
11. Copyright Infringement.
If you believe in good faith that your copyrighted work has been infringed by content posted on the WeBookCare Service, please provide our designated copyright agent with a written notice that includes all of the following information:
A description of the copyrighted work you believe to have been infringed;
A description of the URL or other location on our WeBookCare Platform of the material you believe to be infringing;
Your name, mailing address, telephone number and email address;
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, which you make under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
An electronic or physical signature of the person authorized to act on behalf of the copyright owner. Our designated agent for notice of copyright infringement can be reached at:
WeBookCare.com Home Care Ltd.
Attention: Copyright Notice
PO Box 751
Gibsons, BC V0N 1V0
12. Third Party Services, Links. The WeBookCare Service may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources, or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD WEBOOKCARE HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO YOUR: (1) transactions and interactions, online or offline, with other Users of the WeBookCare Service; (2) breach of these Terms; (3) disputes with other Users of the WeBookCare Service; (4) your misstatements, misrepresentations, or violation of applicable law; (5) property damage or personal injury to third parties caused by your home or homes in your care; (6) Your Content; (7) your use of any Background Check or Identify Verification information in violation of any applicable law; or (8) enforcement of the Terms, including collection of the Break Fee. YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT.
14. Intellectual Property.
14.1 WeBookCare Service. WeBookCare and its licensors retain all right, title and interest in and to the WeBookCare Service, the technology and software used to provide it, all electronic documentation and content available through the WeBookCare Service (other than Your Content), and all intellectual property and proprietary rights in the WeBookCare Service and such technology, software, documentation, and content. Except for your rights to access and use the WeBookCare Service set forth in these Terms, nothing in these Terms licenses or conveys any of our intellectual property or proprietary rights to anyone, including you. You agree that we will have a proprietary right to use and incorporate into the WeBookCare Service any feedback or suggestions for improvement that you provide to us concerning the WeBookCare Service, without any obligation of compensation.
14.2 WeBookCare Trademarks. WeBookCare owns all rights in and to its trademarks, service marks, brand names and logos (the “WeBookCare Marks”). If you are a Health Care Worker, WeBookCare grants you, for so long as you are in good standing on the WeBookCare Service, a limited, revocable, non-exclusive, non-transferable license to use the WeBookCare Marks solely: (1) in the form incorporated into goods, including customizable marketing collateral (promo cards, signage etc.), made available for purchase via the WeBookCare store and/or (2) in any other manner specifically authorized in writing via the WeBookCare Service. As a condition of exercising such license, you agree that (1) all goodwill associated with your use of the WeBookCare Marks inures solely to the benefit of WeBookCare, and (2) such license immediately terminates upon your ceasing to be a Health Care Worker in good standing, whether at your own option or because WeBookCare suspends or terminates your rights to use the WeBookCare Service.
15. Warranty Disclaimer for the WeBookCare Service. The information and materials found on the WeBookCare Platform, including text, graphics, information, links or other items, are provided "as is" and "as available." Reviews, profiles, advice, opinions, statements, offers, or other information or content made available through the WeBookCare Service, but not directly by WeBookCare, are those of their respective authors, who are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WEBOOKCARE DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON THE WEBOOKCARE PLATFORM; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN WEBOOKCARE; (3) WARRANT THAT YOUR USE OF THE WEBOOKCARE PLATFORM AND WEBOOKCARE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE WEBOOKCARE SERVICE WILL BE CORRECTED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WEBOOKCARE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE WEBOOKCARE SERVICE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. IN ADDITION AND WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF ANY CAREGIVER THAT OFFERS HOME CARE SERVICES VIA THE WEBOOKCARE PLATFORM AND WEBOOKCARE SERVICE.
16. Limitation of Liability.
16.1 Limitation. Subject to Sections 16.2 to 16.4 below, by using the WeBookCare Platform you expressly agree that our liability for any claims, actions, injuries, loss, harm, debts, dues, accounts, costs, legal costs, and/or damages arising from and/or in any way related to your use of the WeBookCare Platform, including but not limited to your interactions or dealings with other Users and the acts and/or omissions of Health Care Workers and Care Seekers, whether online or offline, is limited to the amounts and obligations set forth in these Terms. You acknowledge and agree that, except to the extent we have liability under these Terms and to the maximum extent permitted by the applicable law, YOUR USE AND/OR PROVISION OF THE WEBOOKCARE PLATFORM, WEBOOKCARE SERVICE AND HOME CARE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK. You further acknowledge and agree that this limitation of liability is binding, as applicable, on any of your officers, directors, partners, shareholders, employees, agents, successors, administrators, executors, heirs and assigns.
16.2 Exclusion of Certain Types of Damages. To the maximum extent permitted under applicable law, in no event will WeBookCare be liable to you for any indirect, special, incidental, or consequential damages, or for any business losses, or loss of profit, revenue, contracts, data, goodwill or other similar losses or expenses that arise out of or relate to the use of or inability to use the WeBookCare Service, including without limitation damages related to any information received from the WeBookCare Service, removal of your profile information or review (or other content) from the WeBookCare Service, any suspension or termination of your access to the WeBookCare Service, or any failure, error, omission, interruption, defect, delay in operation or transmission of the WeBookCare Service, even if we are aware of the possibility of any such damages, losses or expenses. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
16.3 Limit on Our Liability to You. EXCEPT FOR THE LIMITED REIMBURSEMENTS APPROVED BY WEBOOKCARE UNDER THE WEBOOKCARE GUARANTEE AND THE REFUND AMOUNTS PAYABLE BY WEBOOKCARE THAT ARE SET FORTH IN SECTION 9, AND EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL WEBOOKCARE’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE WEBOOKCARE SERVICE OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO WEBOOKCARE (SPECIFICALLY EXCLUDING AMOUNTS PAID TO CAREGIVERS) DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABLITY OR, IF YOU HAVE NOT PAID WEBOOKCARE FOR THE USE OF ANY SERVICES, THE AMOUNT OF $100.00 CDN (OR EQUIVALENT IN LOCAL CURRENCY).
16.4 No Liability for non-WeBookCare Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WEBOOKCARE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE WEBOOKCARE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE WEBOOKCARE PLATFORM, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE WEBOOKCARE SERVICE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO ATTEMPT TO DEFRAUD OR HARM YOU.
IF YOU HAVE A DISPUTE WITH A CAREGIVER OR CARE SEEKER, YOU AGREE TO RELEASE WEBOOKCARE FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES, EXCEPT TO THE EXTENT STATED IN THE WEBOOKCARE GUARANTEE. IN NO EVENT WILL WEBOOKCARE BE LIABLE FOR DIRECT OR INDIRECT CONSEQUENCES OF A CARE SEEKER OR CAREGIVER FAILING TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
17. Arbitration Agreement.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH WEBOOKCARE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. IF YOU RESIDE WITHIN THE EUROPEAN ECONOMIC AREA, THIS SECTION APPLIES ONLY TO BUSINESS CUSTOMERS (NOT “CONSUMERS”). IF YOU ARE A CONSUMER RESIDING WITHIN THE EUROPEAN ECONOMIC AREA, PLEASE SEE SECTION 18.
17.1 Arbitration Agreement; Claims. This Section 17 is referred to as the "Arbitration Agreement” in these Terms. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 17.9 below, you and WeBookCare (together, the “Parties”) agree that any and all disputes or claims that arise between you and WeBookCare relating to the WeBookCare Service, interactions with others on the WeBookCare Platform, and/or these Terms (including any alleged breach of these Terms) (collectively, “Claims”), except for Excluded Claims (defined in the following sentence), will be resolved as set forth in this Arbitration Agreement. As used herein, “Excluded Claims” means (1) individual claims brought in small claims court (if your claims qualify), (2) claims arising out of or related to a violation of Section 4.1, above, (3) claims in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property (including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents), and (4) claims that, as a matter of applicable law, cannot be made subject to arbitration.
17.2 Agreement to Arbitrate. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 17.9 below, you agree that any and all Claims (other than Excluded Claims) will be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court, in accordance with this Arbitration Agreement, and your rights in connection with all Claims (other than Excluded Claims) will be determined by a neutral arbitrator, not by a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To the extent that the Parties' dispute involves both timely filed Excluded Claims and other Claims subject to this Agreement, the Parties agree to bifurcate and stay for the duration of the arbitration proceedings any such Excluded Claims.
17.3 Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND WEBOOKCARE AGREE THAT, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN ACCORDANCE WITH SECTION 17.9 BELOW, EACH OF US MAY BRING CLAIMS (EXCEPT TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW) AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WEBOOKCARE AGREE OTHERWISE (OR TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW), THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER WEBOOKCARE SERVICE USERS.
17.4 Pre-Arbitration Dispute Resolution. Before you commence arbitration, we suggest that you contact us to explain your complaint. Our preference will always be to resolve complaints amicably and efficiently, without the need for arbitration. You may contact us via email at WeBookCarebc@gmail.com or by mail at PO Box 751, Gibsons, BC V0N 1V0 If the issue is not resolved and results in arbitration, we will need to mutually select and agree upon an arbitrator and the rules and procedures to govern the arbitration.
17.5 Arbitration Procedures. The Parties will try in good faith to mutually select and agree upon an arbitrator and rules and procedures to govern the arbitration. If we cannot agree, then the arbitration will be conducted in English by a neutral arbitrator in accordance with your choice of the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) or the Rules of the International Center for Dispute Resolution (the “ICDR Rules”), as modified by this Arbitration Agreement. The rules that apply are those in effect when arbitration is demanded by either of the Parties. The JAMS Rules are available at https://www.jamsadr.com/rules-streamlined-arbitration, and the ICDR Rules are available at https://www.icdr.org/rules_forms_fees, and both Rules are incorporated in these Terms by reference. You either acknowledge and agree that you have read and understand the Rules or waive your opportunity to read the Rules and any claim that the Rules are unfair or should not apply for any reason. If there is any inconsistency between the Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 16. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. The arbitrator shall submit a decision in writing, specifying the findings of fact and the conclusions of law on which the decision is based. Decisions by the arbitrator are binding and enforceable in court and may be overturned by a court only for very limited reasons.
The arbitration will be held in the province in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 CDN (or equivalent in local currency) or less, you or WeBookCare may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and WeBookCare subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or WeBookCare, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the Province of British Columbia, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving different WeBookCare Users, but is bound by rulings in prior arbitrations involving the same WeBookCare user to the extent required by applicable law. As limited by applicable law, these Terms and the applicable JAMS Rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Claim, including the determination of whether a Claim is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court.
17.6 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be shared equally by you and WeBookCare, except where prohibited by applicable law. In addition, (1) if you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, WeBookCare will pay your portion of such fees, and (2) if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, WeBookCare will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be solely responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse WeBookCare for all fees associated with the arbitration paid by WeBookCare on your behalf that you otherwise would be obligated to pay under the JAMS or ICDR Rules.
17.7 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
17.8 Severability. If any term, clause or provision of this Section 17 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 17 will remain valid and enforceable.
17.9 Opt-Out Procedure. You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice ("Opt-Out Notice") in accordance with the terms of this Section 17.9. The Opt-Out Notice must be postmarked no later than 30 days after the date you accept these Terms for the first time. You must mail the Opt-Out Notice to WeBookCare.com Home Care Ltd. Attn: Legal, PO Box 751, Gibsons, BC V0N 1V0. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to register for the WeBookCare Service to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, the entire Arbitration Agreement will not apply with respect to you, but the remainder of these Terms will continue to apply. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. By opting out of binding arbitration, you are agreeing to resolve Claims (including Excluded Claims) in accordance with Section 18.
17.10 Future Changes to this Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, you agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change will not apply to any claim that was filed in a legal proceeding against WeBookCare prior to the effective date of the change. Moreover, if we terminate this Arbitration Agreement by removing it from these Terms, such termination will not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the WeBookCare Platform, and will not be effective as to any claim that was filed in a legal proceeding against WeBookCare prior to the effective date of removal.
18. Governing Law and Jurisdiction.
18.1 For Users in Canada, these Terms, and any dispute between you and WeBookCare, will be governed by the laws of the British Columbia, without regard to principles of conflicts of law, except that the Federal Arbitration Act will govern the interpretation and enforcement of Section 17 (the Arbitration Agreement). Unless you and we agree otherwise, or except where prohibited by applicable law, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that arises between you and WeBookCare must be resolved exclusively by a provincial or supreme court located in the Province of British Columbia. You and WeBookCare agree to submit to the personal jurisdiction of the courts located within Vancouver, British Columbia for the purpose of litigating all such claims or disputes.
18.2 For Users in the EEA (and the United Kingdom should it no longer be part of the EEA), the laws of England shall govern these terms, except that if you live in a country outside of England but within the EEA, certain mandatory applicable laws of your country will apply for your benefit and protection in addition to or instead of certain provisions of English law. Any dispute that arises between you and WeBookCare must be resolved by the English courts or the courts in your country if you live in the EEA outside of England.
18.3 If you are a consumer in the European Economic Area, the European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr provides information about alternative dispute resolution, which you may use if there is a dispute that cannot be resolved between you and the relevant party.
Nothing in these Terms will be construed as making either party the partner, joint venturer, agent, legal representative, employer, worker, or employee of the other. Neither party will have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that will be binding on the other, except as provided for herein or authorized in writing by the party to be bound. These Terms are non-exclusive and do not prohibit Health Care Workers from offering Care Services via other means or third parties. The invalidity, illegality or unenforceability of any term or provision of these Terms will in no way effect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms will be enforceable as so modified. To the maximum extent possible under applicable local law, this Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
For questions or concerns about the WeBookCare Service or these Terms, please refer to the WeBookCare Help Centre, or contact Customer Relations