ConsidraCare Platform Terms of Use for Caregivers

  1. Purpose: ConsidraCare (legal name “TS Caregivers Inc.”) connects prospective Caregivers with ConsidraCare’s Client, who is looking for live-in or live-out caregivers or home care services for themselves or their loved ones.
  1. No Employment Relationship: Once a Client has selected you, the Caregiver, you will have a direct employment relationship with the Client only. Any disputes related to your services to the Client or payments due to you must be resolved directly between the Client and you.
  1. ConsidraCare Services: ConsidraCare shall provide payroll, care planning and monitoring services to its Clients and will furnish you with tools, such as a Caregiving App and ongoing support on behalf of a Client. This will in no shape or form constitute or create an employment relationship or a service relationship between you and ConsidraCare. At all material times once selected, you will become an employee of the Client only.
  1. ConsidraCare Platform: You understand and agree that the software, code, proprietary methods and systems used to provide the ConsidraCare Caregiver Portal, the accompanying Caregiver App or ConsidraCare Website (which are included in the “ConsidraCare Platform“) are:
    1. copyrighted by us and/or our licensors under Canadian and international copyright laws;
    2. subject to other intellectual property and proprietary rights and laws; and
    3. owned by us or our licensors.
  1. Intellectual Property Rights: The ConsidraCare Platform may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any part of the ConsidraCare Platform. Nothing in these Terms of Use grants you any right to receive delivery of a copy of the ConsidraCare Platform or to obtain access to the ConsidraCare Platform except as generally and ordinarily permitted according to these Terms of Use. Nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to the ConsidraCare Platform. Certain of the names, logos, and other materials displayed on the ConsidraCare Platform constitute trademarks, trade names, service marks, or logos (“Marks”) of ConsidraCare or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third-party software provided in connection with the ConsidraCare Platform will be governed by such third parties’ licenses and not by these Terms of Use.
  1. Consent and Carrier Charges: ConsidraCare may send you emails and SMS text messages in connection with a future or current placement or otherwise which is critical for placements and care delivery. By accepting these Terms of Use you give ConsidraCare express permission to send emails and SMS text messages to you. Additionally, you do hereby represent, understand and expressly agree that ConsidraCare does not have control over or assume any responsibility for the quality, accuracy, or reliability of this service. Carrier charges may apply for receiving SMS text messages. You are solely responsible for any costs you incur when receiving SMS text messages from ConsidraCare.
  1. Information Disclaimer: All information, materials, content and/or advice on the ConsidraCare Platform is for information purposes only and is not intended to replace or substitute any professional, financial, medical, legal or other advice. ConsidraCare expressly disclaims and you expressly release ConsidraCare from any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the ConsidraCare Platform.
  1. Assumption of Risk: You expressly agree that your use of the ConsidraCare Platform is at your own risk. The ConsidraCare Platform and services offered therein are provided by ConsidraCare on an “as is” and “as available” basis. ConsidraCare expressly disclaims all warranties of any kind, whether express or implied, including but not limited to any warranties of merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value, the accuracy of data and system integration. ConsidraCare makes no warranty that the ConsidraCare Platform will meet your requirements, or that the ConsidraCare Platform will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the ConsidraCare Platform, or that defects in the ConsidraCare Platform will be corrected. You understand and agree that any material or information downloaded or otherwise obtained through the use of the ConsidraCare Platform is done at your own discretion and risk and that you will be solely responsible for any damage to your computer, services, or loss of data that results from the download of such material and/or information.
  1. Limitation of Liabilities: You understand and agree that ConsidraCare will not be held liable, to the extent permitted by law, for any claim, injury, or damage arising in connection with your use of the ConsidraCare Platform. Furthermore, ConsidraCare is not responsible for the conduct, whether online or offline, of any user, including but not limited to access and use by you or any person on your behalf of the ConsidraCare Platform.
  1. Indemnification: You agree to be personally responsible for your own access and use or any person on your behalf of the ConsidraCare Platform. Moreover you agree to defend, indemnify and hold harmless ConsidraCare, its third party providers, and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively the “ConsidraCare Entities”) from and against any and all claims, liabilities, damages, losses and expenses, including reasonable legal and accounting fees and costs, arising out of or in any way connected with (i) access to, use of, or alleged use of the ConsidraCare Platform; (ii) breach of this Terms of Use or any representation, warranty, or agreements referenced herein; (iii) breach of any third party provider rights, including without limitation any intellectual property rights, publicity, confidentiality, property or privacy rights; (iv) claim or allegation of a third party that ConsidraCare has referred to you to the extent based on any actual or alleged act or omission on your part or on behalf of ConsideraCare’s Client, or any other claim or allegation arising as a result of such referral; and (v) any disputes or issues between you, ConsidraCare, or ConsidraCare’s Client or any third party provider.
  1. Termination of Access or Use: You agree that ConsidraCare, in its sole discretion, may immediately suspend or terminate your access to the ConsidraCare Platform at any time, for any reason, without notice. YOU AGREE THAT CONSIDRACARE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION OR TERMINATION OF YOUR ACCESS TO CONSIDRACARE PLATFORM OR DELETION OF YOUR ACCOUNT OR YOUR CONTENT.

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