These terms of use (“Terms of Use”) explain how you may access and use the website www.worldcaregivers.com and all associated web pages, the whole whether mobile or otherwise, and applications, and the related content (collectively the “Sites”). You should read these Terms of Use carefully before using the Sites. By accessing or using the Sites or otherwise indicating your consent, you agree to be bound by these Terms of Use and the documents referred to in them. If you do not agree with these Terms of Use, please cease your use of the Sites. If you have any questions about the Sites, please contact us at support@worldcaregivers.com or through any method provided directly in the Sites, as applicable.
Worldcaregivers Inc. (hereinafter “Worldcaregivers”), a Canadian corporation, operates the Sites to render placement services to prospective caregivers and employers thereof, as well as services ancillary thereto. For the purposes of these Terms of Use and the Privacy Policy, “Worldcaregivers” shall include Worldcaregivers, all affiliates and subsidiaries thereof, and their respective directors, officers, shareholders, employees, agents and representatives, and such entities’ permitted assigns.
Reservation of Ownership of Content
Save and except as otherwise provided herein as concerns the proprietary rights of your personal information that may be provided in connection with your use of the Sites, all information and all material of any kind and nature whatsoever used on, in connection with or posted on the Sites, including, without limitation, all marks, software, graphics, photographs, images, animations, videos, audio, text and logos (the “Content”) are owned by Worldcaregivers, its licensors or third parties, as applicable, and are protected by copyright, trademark, patent or other intellectual property legislation and treaties, AND ALL RIGHTS THEREIN ARE RESERVED BY WORLDCAREGIVERS, THE WHOLE SUBJECT TO AND IN ACCORDANCE WITH APPLICABLE THE APPLICABLE LEGISLATION.
You are prohibited from distributing or copying any Content without Worldcaregivers’ prior written consent and from accessing and using such Content other than in accordance with these Terms of Use and the Privacy Policy.
Age Restriction
In order to use the Sites, you must be over the age of majority. In using the Sites, you hereby represent and warrant that you are at least the age of majority in the province, state or country where you reside or where you use the Sites.
External links
The Sites may contain links to third party websites that are not under Worldcaregivers’ control. You hereby acknowledge and agree that Worldcaregivers is not responsible in any way for the content contained on, or any software used in connection with, any such third party websites, and that such websites are subject to their own terms of service and/or privacy policies. Links to third party websites are solely provided for your convenience and in no way constitute an endorsement by Worldcaregivers of such third party, any of the services/products offered thereby or any such third party websites. You acknowledge that access to and use of third party websites is at your sole risk. Worldcaregivers will not be liable in any manner for any interaction between you and any such third party in any medium.
Premium Services
Worldcaregivers may offer additional fee-based products and/or services through the Sites (collectively the “Premium Services”) subject, as applicable, to additional terms of use to be listed at the time of purchase. Purchases of Premium Services may be made using certain third party payment services (“Third Party Service”). Upon requesting a Premium Service, you acknowledge that Worldcaregivers is granted authorization to process your payment through the applicable Third Party Service, AND ALL PURCHASES ARE NON-REFUNDABLE. In the event of a conflict between a Third Party Service`s terms and conditions and these Terms of Use, the terms and conditions of the Third Party Service will prevail. The paragraph of these Terms of Use related to “External Links” shall apply with respect to any Third Party Service. Worldcaregivers reserves the right to, and the applicable third party may, add, remove or change the Premium Services or Third Party Services, respectively, as well as the availability thereof, the terms and conditions relating thereto, including, without limitation, the honouring of any promotion, coupon, coupon code or other discount, and/or to refuse to provide any user with any Premium Service. We encourage you to review the terms and conditions applicable to the Third Party Service before purchasing any of the Premium Services.
Mobile Devices and Mobile Applications
By accessing the Sites, as applicable, via mobile device, you agree to the following mobile terms (in addition to the rest of the terms and conditions contained herein):
- you are solely responsible for all message and data charges that apply to your mobile device to access the Sites. All such charges are billed by and payable to your mobile service provider. Worldcaregivers encourages you to contact your mobile service provider for pricing plans, participation status and details;
- wireless access through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise; and
- additional terms and conditions may apply to your use of the Sites based on the type of mobile device you use.
Authorized and Unauthorized Use
You shall not:
- unlawfully access or interfere with Worldcaregivers’ systems and/or communications;
- use spiders, robots, data mining techniques or other automated devices or programs to reproduce, download, distribute or store content available on the Sites;
- frame or mirror any material contained on the Sites;
- use meta tags, codes or other devices containing any reference to Worldcaregivers (or any trademark, trade name, service mark, logo or slogan of Worldcaregivers) to direct any person to any other website for any purpose;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information or content transmitted to or through the Sites (either directly or indirectly through use of third party software).
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Sites or any software or source code used in connection with such Sites, or cause others to do so;
- post, use, transmit or distribute, whether directly or indirectly (for example purposes, through screen scrape), in any manner or through any medium any Content or any User Content (as defined below) Sites user, other than in connection with your use of the Sites in accordance with these Terms of Use;
- use any viruses or computer programs that could affect the function of external computers;
- use the Sites for any purpose other than posting your credentials and certain personal/non-personal information, as applicable, in your capacity as a caregiver seeking employment or an employer seeking caregiving services, to evaluate any such candidate and, if applicable communicate with such candidate, use any other service or browse any other Content on the Sites or to communicate with Worldcaregivers. For example purposes only, you may not become a Worldcaregivers user for the purpose of compiling any reports relating to prospective caregivers, employers of caregivers, location, education, compensation, etc.;
- use the Sites in connection with any illegal activity whatsoever, including, without limitation, trafficking of any kind, prostitution, solicitations of any kind or fraud;
- provide or post any content that:
- is inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racist, discriminatory, exploitative, defamatory, libellous, unlawful or that otherwise infringes or violates another person’s rights whatsoever, including, without any limitation, intellectual property rights;
- contains video, audio or images of another person without his or her prior written consent (or in the case of a minor, the minor’s legal guardian);
- promotes any illicit or illegal activity, including, without any limitation whatsoever, information about, for example purposes only, making or purchasing illegal items; or
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another page accessible through the Sites);
- contains a social insurance number, security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code or identifier, or other identification information, whether of your own or a third person. You acknowledge that the posting such identification information may lead to, among consequences, identity theft, and Worldcaregivers reserves the right to, but shall not be obligated to, remove any of the above-mentioned information, and Worldcaregivers shall not be liable in any manner for the posting of any such information or its maintenance on the Sites.
- impersonate, or otherwise misrepresent any affiliation, connection or association with, any person or entity; or
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges.
User Content, Feedback and Testimonials
The Sites may include content posted by other users (“User Content”), whether employees or employers, among others, which User Content may be incomplete and/or incorrect. Worldcaregivers does not make any representation or warranty as to the completeness or correctness of such User Content, and Worldcaregivers shall not be liable in any manner whatsoever in connection with any such User Content. Furthermore, in the event the Sites contains any functionality through which users may communicate directly (for example purposes, forums, message boards or internal correspondence platforms) (the “Internal Exchange”), you acknowledge that Worldcaregivers shall not be liable in any manner for any consequence whatsoever that may arise from any communication or information exchanged through the Internal Exchange functionality.
You represent and warrant that: (i) you own the User Content that you post or have posted to the Sites, or that you otherwise have the authority to post or have posted such User Content or grant the right and license described below; and (ii) such User Content, and/or its posting, does not infringe on the applicable legislation or any third party intellectual property or other rights. You agree to defend, indemnify and hold harmless Worldcaregivers from any claims resulting from any such User Content.
Worldcaregivers may, but shall not be obligated, to monitor any User Content or Internal Exchanges, and reserves the right to delete any such User Content or address any issue relating to Internal Exchanges that, in Worldcaregivers’ sole discretion, violates these Terms of Use. Should you believe that any User Content or an Internal Exchange violates these Terms of Use, please contact us at support@worldcaregivers.com in order to provide Worldcaregivers the opportunity to evaluate same. Notwithstanding the foregoing Worldcaregivers is not obligated to delete any User Content or address any Internal Exchanges or to deal with same.
Worldcaregivers shall be permitted to disclose any User Content, any information exchanged through the Internal Exchange or other relevant information, to any third party in connection with the operation of the Sites, and to comply with the applicable legislation and/or any judgment, decree, order, warrant or subpoena or otherwise.
Subject to the Privacy Policy, you grant Worldcaregivers a nonexclusive, worldwide, perpetual, irrevocable, transferable, royalty-free (and you hereby waive any right to compensation) right and license to:
- display, reproduce, prepare derivative works of and use the User Content you post or submit, for the purpose of publishing material on the Sites and/or for general advertising, marketing and promotional purposes; and
- use (inclusive of the right to crop and alter, as applicable, and as Worldcaregivers deems appropriate, acting reasonably), reproduce, publish, distribute and exhibit any feedback or testimonial relating to Worldcaregivers, the Sites, its products, services; and (ii) to use the undersigned`s name, photograph, image, location and/or other biographical information in connection with item (i), the whole in any medium whatsoever for the purposes of marketing, advertising, publicity and web content, and for any other lawful purposes.
You hereby waive any right that you may have to approve the above-described uses, reproductions, publications, distribution or exhibition, displays, derivative works and uses, and you further agree that Worldcaregivers shall not be liable in any manner for any of the aforementioned uses, and is hereby forever released from any and all claims, losses, demands, damages, liability, costs and expenses relating to any such use.
Disclaimer, Limitations of Liability and Indemnification
THE SITES, THE CONTENT AND THE USER CONTENT ARE PROVIDED STRICTLY "AS IS"/"AS AVAILABLE" WITHOUT ANY CONDITIONS OR WARRANTIES OF ANY KIND INCLUDING CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS AND NON-INFRINGEMENT.
WORLDCAREGIVERS DOES NOT IN ANY WAY REPRESENT OR WARRANT THAT THE USE OF THE SITES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THEY WILL BE FREE FROM VIRUSES OR BUGS OR OTHER MALICIOUS PROGRAMS, OR THAT ANY SOFTWARE USED IN CONNECTION WITH IT REPRESENTS THE LATEST VERSION OF SUCH SOFTWARE. WORLDCAREGIVERS RESERVES THE RIGHT TO SUSPEND, DISCONTINUE, MODIFY, REMOVE OR ADD TO THE SITES IN ITS SOLE DISCRETION WITH IMMEDIATE EFFECT AND WITHOUT NOTICE, AND FURTHER RESERVES THE RIGHT TO BLOCK USERS FROM CERTAIN IP ADDRESSES FROM ACCESSING THE SITES. WORLDCAREGIVERS SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS SUFFERED BY USER AS A CONSEQUENCE OF ANY DECISION MADE BY WORLDCAREGIVERS IN THIS REGARD OR FOR ANY MALFUNCTION OF THE SITES.
IN NO EVENT WILL WORLDCAREGIVERS OR OTHER CONTENT SUPPLIERS (INCLUDING THEIR RESPECTIVE AFFILIATES, DIVISIONS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE OR REVENUE, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITES, ANY SITES LINKED TO THE SITES OR THE CONTENT CONTAINED ON THE SITES OR ANY SUCH LINKED SITES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY. IF YOUR USE OF THE SITES, THE CONTENT OR ANY USER CONTENT RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL LIABLITY AND COSTS THEREOF.
FURTHERMORE, IN NO EVENT WILL WORLDCAREGIVERS OR OTHER CONTENT SUPPLIERS (INCLUDING THEIR RESPECTIVE AFFILIATES, DIVISIONS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS) BE LIABLE FOR ACTIONS OR INACTIONS OF ANY OTHER USER OF THE SITES, OR FROM YOUR USE OF THE SITES OR WORLDCAREGIVER’S SERVICES.
IF YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, USA, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS WORLDCAREGIVERSFROM AND AGAINST ANY CLAIMS, ACTIONS, OR DEMANDS, INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, ARISING FROM YOUR USE OF THE SITES, YOUR BREACH OF THESE TERMS OF USE, ANY USER CONTENT THAT YOU POST OR SUBMIT OR THE VIOLATION OF ANY LAW OR REGULATION. YOU, AND YOUR ESTATE IN THE CASE OF YOUR DEATH, FURTHER AGREE THAT THIS INDEMNIFICATION PROVISION COVERS ALL THIRD PARTY CLAIMS, ACTIONS OR DEMANDS, INCLUDING THOSE FILED BY YOUR SPOUSE, CHILDREN, OR FAMILY. WORLDCAREGIVERS RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH BE MY GUEST IN CONNECTION THEREWITH.
LOCATION IN COUNTRY WITH DATA PROTECTION LAWS
If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations as Worldcaregivers may use.
General
If you breach any of these Terms of Use, your authorization to use the Sites automatically terminates.
Worldcaregivers will aggressively enforce its intellectual property and other rights to the fullest extent of the law.
If any provision of these Terms of Use shall be unlawful, void or unenforceable for any reason, then any such provision shall be deemed severable to the extent that it is lawful, void or unenforceable, but shall not affect the validity or enforceability of the remaining provisions.
These Terms of Use are governed by the laws of the Province of Quebec and the laws of Canada applicable therein without reference to the principles of conflicts of laws thereof. Any dispute arising from these Terms of Use shall be resolved exclusively in the Province of Quebec by the courts of the Province of Quebec, District of Montreal, and, by accessing and/or using the Sites, you waive (and irrevocably agrees not to raise) any objection which you may now or hereafter have to the laying of the venue of any proceedings in any such courts and any claim that any such proceedings have been brought in an inconvenient forum.
You agree that any and all notices that are to be or that may be provided hereunder may be sent by any available electronic method using the information that you provided to Worldcaregivers. We reiterate that you must ensure that all of your personal information is maintained complete and accurate. All notices will be deemed received if sent to any address, electronic or otherwise, then included in your personal information.
You acknowledge that governmental regulatory standards vary between jurisdictions and thus any representation made on the Sites, as and if applicable, regarding the satisfaction of any regulatory standard may not be valid in such jurisdiction.
These Terms of Use, as may be modified, constitute the entire agreement between you and Worldcaregivers regarding access to the Sites and the use of the services thereon, and supersedes any prior agreements between you and Worldcaregivers related to such access and use (including, but not limited to, any prior versions of these Terms of Use).
You may not assign or transfer your obligations under these Terms of Use or your account, if applicable, without Worldcaregivers’ prior written consent.
Worldcaregivers reserves the right to change or modify any of the terms and conditions contained in these Terms of Use, from time to time and at any time, without notice, and in its sole discretion. If Worldcaregivers decides to change these Terms of Use, it will post a new version on the Sites and update the date set forth below. Any changes or modifications to these Terms of Use will be effective upon posting of the revisions. Your continued use of the Sites following the posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Sites. For this reason, you should frequently review these Terms of Use and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites.
Worldcaregivers customer service provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behaviour towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
Last updated: May 30, 2021
© 2021 Worldcaregivers Inc. - all rights reserved
