NEED A SITTER

Terms of Services


1. DESCRIPTION OF SERVICES; LIMITATIONS; USER RESPONSIBILITIES

1.1. About Our Services

Need A Sitter’s mission is to provide an online venue for families and sitters to connect with each other, arrange care, and share advice. We work to fulfill this mission by making available online communication tools, information, and an extended network of families and sitters that help our users find and coordinate quality care for their children, seniors, pets and home (collectively the “Services”). The Services we offer include:

  • Enabling individuals seeking care services such as child care, care for older people, pet care and housekeeping services (“Clients”) to post jobs on the Site and individuals or entities who provide care services (“Sitters”) to post profiles on the Site.
  • Providing search tools to help Clients find individual Sitters that meet their specific needs and preferences. We enable Clients and individual Sitters to communicate through a private messaging platform without sharing personal identification or contact information.
  • We provide tools and information to help Clients and Sitters make informed decisions, such as (i) a safety guide and safe environment checklists, and (ii) a process for Clients to obtain reference checks on Sitters who consent to the running and sharing of those checks.

Our Services continue to grow and change. Please refer to our website at www.needasitterapp.com and our application, available for download on third party app stores (collectively the “Site”) for further information about the Services we provide.

1.2. Limitations of our Services

We offer an online forum that among other things enables Sitters to post profiles and interact with Clients for potential care opportunities.

Need A Sitter does not employ any Sitters nor are we an employment agency or a recruitment agency for any Sitter or Clients. We do not provide referral services. We do not charge Sitters or Clients a fee, a commission or other compensation based on a decision to, or not to, enter into an employment or independent contractor arrangement.

Except as described in these Terms and our Privacy Policy, we do not verify, review, evaluate, interview, screen, vet or perform background checks on Sitters or Clients nor do we verify any content posted to the Site by a Sitter, Clients or others.

We are not a party to any agreement between a Sitter and a Clients. Clients are the potential employers or contracting parties of Sitters and are responsible for compliance with all applicable employment and other laws in connection with any employment or contractual relationship they establish (such as applicable employment standards legislation (including minimum wage laws), occupational health and safety legislation, and worker’s compensation insurance or benefit programs).

Sitter and Client agree to indemnify and hold harmless Need A Sitter, its officers, directors, employees, agents and contractors from and against any and all claims, demands, losses, causes of action, liability, penalties, interest and costs (including legal costs on a solicitor and own client basis) of every kind and nature arising out of or connected with the remittance to any governmental authority of taxes, fees or surcharges owing by Sitter or Client to said governmental authority, including but not limited to any ruling by a competent government authority or court of law that Sitter and Client are not considered independent contractors of Need A Sitter. Sitter and Client agree to remit all taxes, withholdings, fees and surcharges in a timely manner in accordance with standards and timelines set forth by the governmental authority.

There are risks, including but not limited to risk of physical harm, theft or property damage when you deal with someone you connect with through our Site. You assume all risks associated with dealing with other persons with whom you come in contact through the Site.

We provide no assurance or representation (express or implied) regarding the quality, timing, or legality of the services actually delivered by Sitters or the integrity, responsibility or actions of Clients or Sitters. We do not refer or recommend either Clients or Sitters nor do we make any representations about the suitability, reliability, timeliness, and accuracy of the services provided by Sitters or the integrity, responsibility or actions of Clients or Sitters whether in public, private or offline interactions.

Clients and Sitter content is primarily user generated, and we do not control or vet user generated content for accuracy as a general matter. Need A Sitter does not assume any responsibility for the accuracy or reliability of any information provided by Sitters or Clients on or off this Site.

Need A Sitter is not responsible for the conduct, whether online or offline, of any user of the Site or the Services. Moreover, Need A Sitter does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. All users, including both Clients and Sitters, do hereby expressly agree not to hold Need A Sitter, its employees, officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, resellers  (collectively, the “Affiliates”) liable for the actions or inactions of any Clients or Sitter or for any information, instruction, advice with originated or services that were arranged through the Site, and, to the maximum extent permissible under applicable law, Need A Sitter and its Affiliates expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

PLEASE REVIEW THE DISCLAIMER OF LIABILITY, LIMITATION OF LIABILITY AND INDEMNITY PROVISIONS BELOW.

1.3. User Responsibilities

As a user of the Services, you are solely responsible for interviewing, performing reference checks on, verifying information provided by, and selecting an appropriate Clients or Sitter.

Please visit our Need a Sitter Safety Center for recommendations on how to make more informed hiring, contracting and employment decisions. Each Clients is also responsible for complying with all applicable employment, non-discrimination and other laws in connection with any employment relationship they establish, including verifying the age of the Sitter they select is 18 years of age or older as well as the Sitter’s eligibility to work in Canada. The information provided by Need A Sitter is generic in nature and for reference purposes only. It does not constitute legal advice. To determine if the content found on the Site is suitable for your unique situation, we recommend you contact and consult with a lawyer for independent legal advice.

 2. ELIGIBILITY TO USE THE SITE AND SERVICES; REPRESENTATIONS AND WARRANTIES

To be eligible to use our Services, you must meet the following criteria:

  • You must be eighteen (18) years of age or older and have the capacity to form legally binding contracts under applicable law.
  • If you are under eighteen (18) years of age or older you may register only with parental consent using our verification process
  • You must reside in a postal code region in which Need A Sitter currently offers the Services.
  • If you are a Clients, you must be a citizen or legal resident of Canada or hold a valid Canadian visa.
  • If you are a Sitter, you must be a citizen or legal resident of Canada or hold a valid Canadian visa entitling you to work in Canada. IF YOU ARE A SITTER AND NOT LEGALLY ENTITLED TO WORK IN CANADA DO NOT REGISTER TO USE THE SITE OR SERVICES.
  • You must not be, or work for, a competitor of Need A Sitter or using our Services for reasons that are in competition with Need A Sitter.

By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these terms and conditions and you commit to abide by all of the terms and conditions hereof.

Because of the differing type of care services available, the setting of the care services and the nature of the relationship between Sitter and Clients, you represent and warrant that you (i) have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any criminal offense involving violence, abuse, neglect, theft or fraud, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, and (ii) are not nor have ever been registered, and are not currently required to register, as a sex offender with any government entity.

3. RULES FOR USER CONDUCT AND USE OF SERVICES

3.1. Registration, Posting, and Content Restrictions

The following rules pertain to any communications, images, sounds, videos, and all the material, data, and information (collectively “User Content”), that you upload, publish, display or transmit (hereinafter “Post”) through Need A Sitter’s Services.

By transmitting and submitting any User Content while using our Service, you agree, represent and warrant as follows:

  • You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services.
  • You will register your account in your own legal name, even if you are seeking care for another individual or family member.
  • You are solely responsible for any User Content that you Post on the Site, or transmit to other users of the Site. You will not Post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act, or give the impression that any User Content emanates from Need A Sitter where this is not the case.
  • You will not provide inaccurate, misleading, defamatory or false information to Need A Sitter or to any other user of the Site, and all opinions stated as part of User Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others.
  • You understand and agree that Need A Sitter may, in its sole discretion, review and delete any User Content, in each case in whole or in part, that in the sole judgment of Need A Sitter violates these terms and conditions or which Need A Sitter determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, threaten the safety of users of the Site, or otherwise violate these terms and conditions or community standards.
  • You have the right, and hereby grant to Need A Sitter, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your User Content by Need A Sitter will not infringe or violate the rights of any third party.
  • Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
  • Need A Sitter is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.

You agree that Need A Sitter is not required to moderate, verify or remove any reviews or other information posted on the Site about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these terms. You may not terminate your registration and re-register in order to prevent a review from being associated with your account.

Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by Need A Sitter, are those of their respective authors. Such authors are solely responsible for such content. Need A Sitter does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will Need A Sitter or its Affiliates be responsible for any loss or damage resulting from: a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or b) reviews or comments made about you on the Site by other users.

NEED A SITTER DOES NOT ENDORSE ANY STATEMENT, REVIEW OR REPRESENTATION MADE BY A USER OF THIS SITE. YOU MAY NOT ATTRIBUTE ANY STATEMENT, REVIEW OR REPRESENTATION TO NEED A SITTER OR ANY DIRECTOR, OFFICER, EMPLOYEE, SERVICE PROVIDER OR AGENT OF NEED A SITTER.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEED A SITTER DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THE SITE.

YOU HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD NEED A SITTER HARMLESS FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY YOU ON THIS SITE OR IN ANY OTHER VENUE.

3.2. Exclusive Use

Your account is for your sole, personal use. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.

3.3. Prohibited Uses

By using the Site or Services of Need A Sitter, you agree that you will not under any circumstances:

  • use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • use the Services for any unlawful purpose or for the promotion of illegal activities;
  • attempt to, or harass, abuse or harm another person or group;
  • use another user’s Need A Sitter account without permission;
  • provide false or inaccurate information when registering an account on Need A Sitter, using our Services or communicating with other Registered Users;
  • attempt to re-register with Need A Sitter if we have terminated your account for any or no reason;
  • interfere or attempt to interfere with the proper functioning of Need A Sitter’s Services;
  • make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
  • use any electronic device to gain unauthorized access to data contained within Need A Sitter’s databases or networks
  • use the communication systems provided by or contacts made on Need A Sitter for any commercial solicitation purposes; or
  • publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

In order to protect our users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the number of emails which a user may send to other users in any 24-hour period to a number which we deem appropriate in our sole discretion.

Should Need A Sitter find that you violated the terms of this Section or any terms stated herein, Need A Sitter reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services.

Further, in order to protect the integrity of the Site and the Services, Need A Sitter reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.

4. VERIFICATION CHECKS

Need A Sitter does not offer verification checks to our users. Users are encouraged to verify the information provided by reviewing documentation and references prior to engaging in a transaction.

5. TERMINATION OF REGISTRATION

Should Need A Sitter determine that you are not eligible to use the Services, have violated any terms stated herein or in any of our policies, are not suitable for participation as a Client or Sitter, or have misused or misappropriated Site content, including but not limited to, use on a “mirrored”, competitive, or third party site, Need A Sitter reserves the right, at its sole discretion, to immediately terminate your access to all or part of the Need A Sitter Site, to remove your profile and/or any content posted by or about you, from the Site, and/or to terminate your registration in Need A Sitter, with or without notice.

Need A Sitter also reserves the right, in its sole discretion, to terminate your access to all or part of the Need A Sitter Site, to remove your profile and/or any content posted by or about you, from the Site, and/or to terminate your registration in Need A Sitter, for any reason or no reason, with or without notice. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.

Following any termination of any individual’s use of the Site or the Services, Need A Sitter reserves the right, subject to applicable privacy laws, to send a notice thereof to other Sitters or Clients, as the case may be, with whom we believe the individual has corresponded.

6. PRIVACY

Need A Sitter will only use the information you provide on the Site or via other channels in accordance with our Privacy Policy. For more information, see our full Privacy Policy, the terms of which are incorporated herein.

7. LINKS TO EXTERNAL SITES

Links from the Site to external sites (including external sites that are framed by Need A Sitter) or inclusion of advertisements do not constitute an endorsement by Need A Sitter of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users’ reference and convenience.

Users access third party content at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. Need A Sitter does not control such sites, and is not responsible for their content. Just because Need A Sitter has hyperlinks to such sites does not mean that Need A Sitter endorses any of the material on such sites, or has any association with their operators.

Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by Need A Sitter’s Terms of Use and Privacy Policy. Need A Sitter expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold Need A Sitter harmless from any liability that may result from the use of links that may appear on the Site.

8. PAYMENT AND REFUND POLICY

In order to utilize some of Need A Sitter’s Services, Clients must pay for a subscription or otherwise pay for the specific Service.

8.1 Billing and Payment for Clients

In order to utilize some of Need A Sitter’s Services, Clients and Sitters must pay for subscription or otherwise pay for the specific Service. Clients that sign up for a subscription agree to pay Need A Sitter all subscription charges associated with the plan they subscribe to as described on the Site at the time they subscribe and provide their payment information. Subscribers authorize Need A Sitter to charge their chosen payment provider according to the terms of the plan to which they subscribe. The subscription period and the amount and frequency of the charges will vary depending on the plan the subscriber selects.

To the extent you elect to purchase other Services we may offer for a fee, you authorize Need A Sitter to charge your chosen payment provider for the Services you purchase. You agree that if Need A Sitter already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional services you purchase.

8.2 Automatic Subscription, Renewal and Cancellation of Premium Memberships for Clients

Unless you explicitly decline automatic subscription renewals, your subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period as the subscription term you originally selected and at the subscription rate and frequency disclosed to you on the Site when you originally subscribed.

You may cancel your subscription by emailing Need A Sitter Member Care or adjusting your account settings. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term. Your subscription will not be renewed after your then-current term expires, but your credit card will be charged, and you will be required to pay, any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up.

You acknowledge and agree that the Services are made available to you immediately as soon as you complete your subscription purchase, and therefore that your right to withdraw from your purchase within 7 working days of the date of purchase will be lost once your purchase is completed.

8.3 Billing and Payment for Sitters

Certain Services and offerings made available to Sitters may require the payment of a fee by such Sitters as described hereon or otherwise on the Site. To the extent you elect to purchase other chargeable Services and offerings, you authorize Need A Sitter to charge your chosen payment provider for the Services you purchase.

Need A Sitter may allow Sitters to pay a fee to be featured more prominently on the Site.

8.4 Refund Policy

To the extent permitted by law, Need A Sitter does not as a general rule provide refunds or credits for subscription or other purchase cancellations. However, Need A Sitter may in its sole discretion issue refunds or credits when it believes they are warranted.

8.5 Free Trial Offers

Need A Sitter may offer limited-time free trial subscriptions to Clients from time-to-time. Clients who sign up for Need A Sitter on a free trial basis may have limited access to the features of the Site. If a Clients does not cancel their subscription prior to the end of the free trial period, the Clients will be charged the price then in effect for a monthly subscription to the Service, unless otherwise provided to him or her when he or she originally subscribed. To avoid being charged for services, a Client with a free trial subscription must cancel their subscription prior to the end of the free trial period.

9. RELEASE OF LIABILITY FOR USER CONDUCT AND DISPUTES

We are not an employer or agent of Sitters nor are we an employment agency or a recruitment agency for any Sitter or Clients. Clients may seek the services of a Sitter through the use of the Site or Services, and Sitters may post profiles and submit proposals to Clients regarding their services. However, any agreement between a Clients and a Sitter regarding the provision of services is solely between the Clients and the Sitter; Need A Sitter is not a party to any such agreement. Any issues concerning the conduct of a Clients or Sitter including, without limitation, the services received by the Clients or payment due to the Sitter, must be resolved directly by the Clients and the Sitter. Need A Sitter will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site or our Services, you do hereby represent, understand, and expressly agree to indemnify and hold Need A Sitter harmless for any claim or controversy that may arise from any disputes between you and any other user(s) of the Site. Need A Sitter will use its reasonable efforts to monitor Sitter and Clients profiles, comments, and general usage of the Site and suspend privileges to any Clients or Sitter not adhering to the Policies. You agree to take reasonable precautions in all interactions with other users of the Site or the Services, particularly if you decide to meet offline or in person. In addition, you agree to visit the Need a Sitter Safety Center prior to using the Service. By using the Site or the Services, you do hereby agree to report any alleged improprieties of any users therein to Need A Sitter immediately by notifying Need A Sitter of the same via electronic correspondence.

 10. AGE RESTRICTIONS

Need A Sitter is intended for individuals who are 18 years of age or older. Individuals under the age of 18 may use the Site only with parental consent. Clients and Sitters should monitor children’s use of the Internet and restrict access to the Site to anyone under the age of 18. Need A Sitter will not knowingly collect any information from individuals under 18 except with express parental consent. You must identify your age during the registration process, and we do not assume any responsibility for any misrepresentations regarding your age when using this Site. Should it be determined that you are under the age of 18 and did obtain parental consent, your registration will be terminated immediately.

11. DISCLAIMERS; LIMITATIONS; WAIVERS; INDEMNIFICATION

11.1 No Warranty

If Quebec law applies to these terms, there are no warranties provided and no liability to you other than those warranties that are required to be provided and those liabilities that may not be disclaimed pursuant to the provisions Civil Code of Quebec.

The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is”, “as available”. Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Need A Sitter, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEED A SITTER DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN NEED A SITTER; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEED A SITTER EXPRESSLY excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.

IN ADDITION AND WITHOUT LIMITING THE FOREGOING, NEED A SITTER MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY REGISTERED USER OF OUR SITE TO PROVIDE SERVICES AS A CAREGIVER OR TO EMPLOY THE SERVICES OF A CAREGIVER.

11.2. Assumption of Risk

YOU ARE AWARE THAT THERE ARE MANY RISKS AND DANGERS IN MAKING EMPLOYMENT AND HIRING DECISIONS FOR CARE SERVICES. THESE RISKS AND DANGERS INCLUDE PHYSICAL AND MENTAL ABUSE, BODILY HARM, MENTAL DISTRESS AND THEFT, NEGLIGENCE OF OTHER USERS, AND THE FAILURE OF OTHERS TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT YOU FROM THE RISKS AND DANGERS.

YOU FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS AND DANGERS when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with Registered Users of the Site or the Services. You agree to take all necessary precautions when interacting with other Site Visitors or Registered Users.

11.3. Limitation of Liability

Nothing in these Terms limits or excludes, or will be deemed to limit or exclude, Need A Sitter’s liability for fraudulent misrepresentation, death or personal injury caused by Need A Sitter’s gross negligence or willful misconduct that may not otherwise be limited or excluded by law, such as in Quebec.

IN ALL OTHER CASES:

Incidental Damages and Aggregate Liability. In no event will Need A Sitter be liable for any indirect, consequential, special or punitive damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Need A Sitter, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL NEED A SITTER’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID NEED A SITTER FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 OR ITS EQUIVALENT.

No Liability for non-Need A Sitter Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NEED A SITTER BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY (EXCEPT IN QUEBEC TO THE EXTENT THE SERVICES ARE AVAILABLE IN QUEBEC), EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENCES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Need A Sitter makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

 11.4. Indemnification

By agreeing to the terms of this Terms of Use, users of the Site and Services agree to indemnify, defend and hold harmless Need A Sitter and its Affiliates from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys’ fees and costs incurred by Need A Sitter and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, or (ii) use of the Site or Services by you in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defence of such claims. Need A Sitter and its Affiliates reserve the right, at their own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of Need A Sitter. Users further agree to hold harmless Need A Sitter and its Affiliates from any claim arising from a third party’s use of information or materials of any kind that users post to the Site.

12. JURISDICTION AND CHOICE OF LAW

If you are a CLIENT CARE SEEKER NOT RESIDENT IN QUEBEC: Any dispute arising out of the Site and/or the Services shall be governed, subject to applicable consumer protection laws of the province or territory where you reside, by the laws of the Province of Alberta, without regard to its conflict of law provisions. Subject to applicable consumer protection laws of the province or territory where you reside, you expressly agree and consent to the exclusive jurisdiction and venue of the courts of Alberta, for the resolution of any such dispute.

IF THE SERVICES ARE OFFERED IN QUEBEC AND YOU ARE A CLIENT CARE SEEKER OR A CARER RESIDENT IN QUEBEC: Any dispute arising out of the Site and/or the Services shall be governed by the laws of the Province of Quebec, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the courts of Quebec, for the resolution of any such dispute.

IN ALL OTHER CASES: Any dispute arising out of the Site and/or the Services shall be governed by the laws of the Province of Alberta, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the courts of Alberta, for the resolution of any such dispute.

13. MISCELLANEOUS

Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall 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 shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

14. CONTACT INFORMATION

If you have any questions or need further information as to the Site or Services provided by Need A Sitter, or need to notify Need A Sitter as to any matters relating to the Site or Services please contact Need A Sitter at:

 

1945573 Alberta Inc.

Suite 308 – 370, 5222 130 Ave. S.E.

Calgary, AB T2Z 0G4

 

OR

support@needasitterapp.com