These Terms of Service govern your access to and use of the ClickSitter website and mobile applications (collectively, the “Platform”) and any services (the “Services”) offered on the Platform. This is a legal agreement between you and ClickSitter, Inc. (“we”, “us” or “ClickSitter”).
If you do not agree or are unable to agree to be bound by these Terms of Service, do not use the Platform or the Services.
The Terms of Service are organized into the following sections:
- Nature of our Platform and Services
- Use of Platform and Services
- User Content and Communication Rules and Guidelines
- Third Party Verification Service
- Third Party Platforms
- Payment, Subscription, and Refund Policies
- Online Payment Service
- SMS Text Message Alert Service
- Promotional Offers and Credits
- Intellectual Property Rights
- Disclaimer of Warranty and Limitation of Liability
- Copyright Act
- General Provisions
- Appendix A: Description of Background Check
1. NATURE OF OUR SITE AND SERVICES.
- Platform is a Venue. The Platform provides a venue for people seeking babysitting and/or nanny services (“Parents”) to connect with people who want to provide those services (“Sitters,” and collectively with Parents, “Users”). ClickSitter is not a referral, matching or placement service and does not provide, refer, place, offer or seek to obtain employment or engagements for any of its Users.
- ClickSitter has no obligation to screen or verify the identity or background of any User. ClickSitter does not screen or verify the training or experience of any of the Users, including Users who have Subscriptions, or any content submitted by a User or anyone other than ClickSitter (“User Content”), including but not limited to User Profiles and Reviews. ClickSitter has no control over the accuracy, reliability, completeness or timeliness of Profiles, Reviews, background check information, affiliations or other User Content submitted on the Platform, and makes no representations about any such User Content on the Platform
- ClickSitter further makes no representations about the Sitters or the Parents. You should make your own assessments of the persons you decide to interact with, engage or provide services to.
- Transactions are Solely Between Users. WE ARE NOT INVOLVED IN THE TRANSACTIONS BETWEEN SITTERS AND PARENTS. Users arrange for the services solely between themselves, and ClickSitter is not a party to any of those arrangements. ClickSitter does not have control, supervise or provide any training or equipment to the Sitters, and has no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the services provided by Sitters. Because we are not involved in User-to-User dealings or control the behavior of Users, Users must resolve any issues, disputes or concerns directly with each other, including any issues regarding payments to a Sitter or services received by a Parent. As set forth in Section 15, you agree to release ClickSitter from any claims or liability that may arise from any disputes between you and other Users.
- ClickSitter is not an employment service and does not serve as an employer of any User. As such, Users are solely responsible (and ClickSitter is not responsible), for any tax, withholding or reporting, including, but not limited to, unemployment insurance, social security or payroll withholding tax or income reporting in connection with any services provided by Users. You understand and agree that if ClickSitter is found to be liable for any tax, withholding tax or reporting obligation in connection with any services provided or received by you, then you will immediately reimburse and indemnify ClickSitter for all costs, expenses, and liabilities (including any interest and penalties) relating to the same.
- If requested by ClickSitter, you agree to provide ClickSitter with such identification documents (including social security numbers, tax ID numbers, copies of passports and driver’s licenses) or other information as may be needed or requested by ClickSitter.
By requesting to use, registering to use and/or using the Platform, you represent and warrant that:
- if you are a Parent:
- Minimum Age You are an individual at least the legal age of majority in the Province in which you reside. The age of majority is 18 in six provinces: Alberta, Manitoba, Ontario, Prince Edward Island, Quebec, and Saskatchewan. The age of majority is 19 in four provinces and the three territories: British Columbia, New Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Nunavut, and Yukon.; and
- Criminal History. You and each member of your household (a) have/has never been convicted of, or is/are currently pending trial for, any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have/has not been and are/is not currently required to register as a sex offender with any government entity.
- if you are a Sitter:
- Minimum Age You are an individual at least the legal age of majority in the Province in which you reside. The age of majority is 18 in six provinces: Alberta, Manitoba, Ontario, Prince Edward Island, Quebec, and Saskatchewan. The age of majority is 19 in four provinces and the three territories: British Columbia, New Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Nunavut, and Yukon.;
- Legal Right to Work. You have the legal right to work in the United States; and
- Criminal History. You and each member of your household (a) have/has never been convicted of, or is/are currently pending trial for, any felony or misdemeanor, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have/has not been and are/is not currently required to register as a sex offender with any government entity.
CLICKSITTER HAS NO OBLIGATION TO CONDUCT BACKGROUND OR VERIFICATION CHECKS ON ITS USERS.
However, we reserve the right to conduct such checks and/or to verify your account and registration information and the representations and warranties you have made, which may include, without limitation, our using third party service providers to conduct criminal background checks or identity verification checks or to perform other background or verification services, and, using available public records, including information available on online social networks and other online sources, each to the extent permitted by law.
USER AGREES TO RELEASE CLICKSITTER AND CLICKSITTER’S AFFILIATED PARTIES FROM ANY CLAIMS REGARDING ANY MISSTATEMENTS AND MISREPRESENTATIONS MADE BY ANY USERS OF THIS SITE. (“Affiliated Parties” means ClickSitter’s officers, directors, members, agents, assignees, representatives, marketing partners, licensors, independent contractors, and employees.)
3. Use of Platform and Services.
- ClickSitter may, either during or after the registration process, request further information from you and/or use third party services, to verify your account or registration information.
- As a User, you are responsible for maintaining the confidentiality of your password and account login, and you are solely responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account.
- Personal Use Only. Your account is for your own personal use, and you may not permit anyone else to use your account. The Platform is intended to be used by people who want to find, select, review and connect with other Users so they can receive, provide or share information about, child care services. Any use of this Platform for any other purpose, (including but not limited to using the Platform or information obtained from the Platform to solicit, advertise to or contact Users for any other purpose) is prohibited.
- You may not transmit any chain letters, junk or spam e-mail to other Users, or use any information obtained from the Platform to harass, abuse or harm another person. To protect Users from such activity, we reserve the right to take appropriate actions, including, but not limited to, restricting the number of messages which a User may send to other Users through the Platform in any 24-hour period, terminating Subscriptions and/or accounts or blocking users with certain IP addresses from accessing the Platform.
- Use of Other Users’ Personal Information. You may from time to time receive personal information of another User. For example, upon confirmation of a booking, Users will be provided with each other’s contact information. Any personal information you receive may only be used for the specific purpose it was provided to you in connection with the Platform and the Services. Sitters may not contact Parents, and Parents may not contact Sitters, for any purpose other than asking a question, providing information, or making arrangements related to a booking on the Platform.
- Circumvention of Platform and Services. You may not use the Platform or Services, or information obtained from the Platform or Services, for the purposes of circumventing or attempting to circumvent ClickSitter’s messaging tools or booking platform, including for the purpose of avoiding the obligation to pay fees related to ClickSitter’s provision of the Services.
- Additional Prohibited Uses. You are prohibited from violating or attempting to violate any security features of the Platform or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Platform, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of malware, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Platform or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by ClickSitter in providing the Platform or Services. Any violation of system or network security may subject you to civil and/or criminal liability.
- Risk Assumption and Precautions. You assume all risk when using the Platform, including, but not limited to, all of the risks associated with any online or offline interaction with others. You agree to take all necessary precautions when meeting other Users.
- No Violation of Laws. Your use of the Platform and the Services, including, but not limited to, the User Content you post on the Platform, must be in accordance with all applicable laws and regulations.
- Reporting of Violations. You agree to report to us promptly any violation of these Terms of Service or any alleged improprieties of any Users. You can contact us at email@example.com.
- Beta Features. From time to time, we may offer new “beta” features or tools with which Users may experiment on the Platform. Such features or tools are offered solely for experimental purposes and may be modified or discontinued at ClickSitter’s sole discretion. The provisions in Section 15 regarding Disclaimer of Warranty apply to such features or tools.
- Group Affiliations. Users may have the option to list certain school or local group affiliations as part of their Profile, and ClickSitter may add Users into these groups from time to time. Unless expressly stated otherwise, ClickSitter is not affiliated with any of these listed organizations nor does ClickSitter verify the User’s membership with such listed organization.
4. USER CONTENT AND COMMUNICATION RULES AND GUIDELINES.
As a User of the Platform, you may have the opportunity to post or transmit User Content, such as User profiles (“Profiles”), reviews of Sitters (“Reviews”), and messages to other Users or on group forums. You are solely responsible for any User Content you post on the Platform or transmit to other Users, and once posted or transmitted, cannot always be withdrawn.
Content and Communication Restrictions. You will not post on the Platform, transmit to other Users, communicate any content (including links to content), or otherwise engage in any activity on the Platform or through the Services, that:
- contains photographs or images of another person, unless you are that person’s parent or legal guardian;
- contains others’ copyrighted content unless you have written permission from the copyright owner;
- contains or discloses another person’s personal information without his or her written permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
- implies that the User Content is in any way endorsed or sponsored by ClickSitter;
- is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind;
- is intended to harass, annoy, threaten or intimidate any other Users of the Platform;
- is false, misleading, defamatory, inaccurate, abusive, obscene, profane, sexually oriented, or otherwise objectionable;
- involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming, phishing, trolling or other similar activities;
- contains any malware (including but not limited to viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices);
- is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ use of the Platform;
- uses scripts, bots or other automated technology to access the Platform;
- attempts to circumvent ClickSitter’s messaging tools or booking platform, or attempts to avoid applicable ClickSitter fees;
- otherwise violates (A) the rights of third parties, including rights of privacy or publicity, or (B) violates applicable laws and regulations.
Content Removal. We may, but we have no obligation to, monitor User Content submitted on the Platform, including Profiles, Reviews or other User Content. We may remove any such information, and material that in our sole opinion either (i) violates, or may violate, any applicable law or either the letter or spirit of these Terms of Service, (ii) might be offensive, illegal or that might violate the rights, harm, or threaten the safety of Users or others, or (iii) is determined to be inappropriate for any other reason at the sole discretion of ClickSitter.
Our Right to Use Your User Content. By posting User Content to the Platform, you grant, and you represent and warrant that you have the right to grant, to ClickSitter, its Affiliated Parties, 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.
Review Guidelines. Parents will have the opportunity to provide Reviews about Sitters they have used. Reviews should not include any personal information about a Sitter that is not disclosed in the Sitter’s public Profile (for example, the Review should not include or reference a Sitter’s address or phone number). Reviews should be limited to your firsthand experience (not what you heard from someone else) and should be factually accurate. You should avoid broad generalizations and exaggerations. If appropriate, you should update your reviews to reflect new experiences. As with other User Content, we reserve the right to remove any Review that we feel, in our sole discretion, violates these guidelines.
By ClickSitter. ClickSitter may, in its sole discretion, for any reason or no reason, with or without notice (i) terminate or suspend your Subscription and/or your account and your access to the Platform, and/or (ii) remove your Profile and/or any content posted by or about you, from the Platform. Unless otherwise decided by ClickSitter, such termination, suspension, and/or removal will be effective immediately. Following any termination or suspension of any User’s Subscription and/or account, ClickSitter may send a notice of the termination or suspension to other Users you have corresponded with. If your account has been terminated by ClickSitter, you may not re-register without ClickSitter’s consent (and if you are permitted to re-register, your previous information and activity, including any fee credits, may no longer be available).
By User. As a User, you may terminate your account at any time by email us firstname.lastname@example.org , Subject “Deactivate my account.” You may re-register at any time, but your previous information and activity, including any fee credits and any User Content you may have created, may no longer be available. If you have a Subscription, you may cancel it in accordance with Section 8.
Effect of Termination. Upon the termination of your account, you will no longer have access to the portions of the Platform and Services that require account registration. If your account is terminated, your Profile will no longer be displayed, but other User Content you have posted or transmitted (e.g., Reviews, messages to other Users) may or may not (in our sole discretion) remain on the Platform. Any User Content associated with your account after your account’s termination may not be available to you if you re-register with ClickSitter. Upon the termination of your Subscription, you will no longer have access to Premium Services, but you will continue to have access to your account and portions of the Platform and Services that are available to Users who do not have Subscriptions. If following the termination or cancellation of your Subscription and/or account, you continue to access and use other portions of the Platform and/or Services, your use will continue to be governed by these Terms of Service. In addition, regardless of your discontinuation to use or access the Platform, Sections 2, 3, 4, 5, 7, 9, 10, 11, 12, 13, 14, 15, 16, and 17 of these Terms of Service will continue in full force and effect.
6. THIRD PARTY BACKGROUND AND VERIFICATION SERVICES.
Background Checks. Sitters might order background checks from one or more third-party verification services (each, a “3rd Party Verification Service”) made available through the Service that allows Sitters to provide verification of their own information such as, for example, name, social security number, and criminal background.
To the extent permitted by law, ClickSitter will receive and review a copy of each background check Sitter orders through the Service. If the 3rd Party Verification Service reports that a Sitter has cleared the 3rd Party Verification Service’s background check, at ClickSitter’s discretion, this information may be included on the Sitter’s Profile along with the date the Sitter cleared the background check for a period of up to 12-months from the background check date (after which period, it shall be the Sitter’s responsibility to reinitiate, if the Sitter chooses, a new background check). Each Sitter understands that ClickSitter retains the right, but has no obligation, to take action with respect to the Sitter’s ClickSitter account based on the information contained in the background check report, including, but not limited to, terminating the Sitter’s account, regardless of whether incorrect or incomplete information in the report is subsequently corrected or completed. Use of a 3rd Party Verification Service is voluntary, and ClickSitter does not endorse, have any control over, or make any representations regarding the quality, accuracy, completeness or reliability of the information provided by the 3rd Party Verification Service. Any inaccuracies or disputes regarding information contained in a background check report must be addressed with the 3rd Party Verification Service that provided the report (and not ClickSitter).
Please note that 3rd Party Verification Services may be incomplete, not up-to-date, and may not provide all information about a Sitter that may be relevant to you such as, for example, traffic violations, address verification, and pending criminal and/or civil complaints. Accordingly, you should take such actions as you feel are appropriate to evaluate a Sitter’s background.
Background or Verification Checks Ordered by ClickSitter. ClickSitter has the right, but not the obligation, to order a background check on Sitters from a 3rd Party Verification Service and to use 3rd Party Verification Services to verify information about a User including, but not limited to, verification of your account or registration information or your compliance with these Terms of Service, each to the extent permitted by law. Each Sitter understands that ClickSitter retains the right, but has no obligation, to take action with respect to a Sitter’s ClickSitter account based on the information provided by the 3rd Party Verification Service, including, but not limited to, terminating the Sitter’s account, regardless of whether incorrect or incomplete information provided by such 3rd Party Verification Service is subsequently corrected or completed. ClickSitter does not have any control over or make any representations regarding the quality, accuracy, completeness or reliability of the information provided by the 3rd Party Verification Service. Any inaccuracies or disputes regarding information provided by a 3rd Party Verification Service must be addressed with the 3rd Party Verification Service that provided the information (and not ClickSitter). By agreeing to these Terms of Service, each Sitter consents to ClickSitter performing background and/or verification checks on such Sitter. If you, as a Sitter, do not want these checks performed, do not use the Platform or the Services.
8. THIRD PARTY SITES.
The Platform may include links to other websites (including other sites that are framed within the Platform) or applications, or functionality to connect with other websites such as Facebook (each, a “Third Party Platform”) or advertisements. We do not control or endorse any Third Party Platform or advertisements, and we are not responsible for any content, product, advertising and other materials presented in or provided by such Third Party Platform or advertisement. Your use and access of a Third Party Platform is at your own risk and is subject to the terms and conditions for such Third Party Platform.
9. PAYMENT, SUBSCRIPTION, CANCELLATION AND REFUND POLICIES.
Fees and Subscriptions. Where indicated on the Platform, fees are charged to access and use certain Services on the Platform. For example, Users may purchase subscriptions memberships, and access passes, (“Subscriptions”) to use and access certain Services (“Premium Services”) that are not available to Users who do not have Subscriptions. View the schedule of current subscription plan fees for Parents.
Services, including the Subscription plans and the Premium Services available under such plans, and fees (including which Services are charged fees) are subject to change or termination by ClickSitter from time to time without notice. If there is any change to the Subscription plans, Premium Services or fees, the pages listing the current Subscription plans and Premium Services or fees, respectively, will be updated.
Users who use these fee-based Services agree to pay ClickSitter the applicable fees then in effect. In addition, Users authorize ClickSitter to charge their chosen payment provider for use of the Platform. ClickSitter reserves the right to correct any errors or mistakes that it makes, even if it has already requested or received payment. All fees and charges are nonrefundable and there are no refunds or credits once your account has been billed, including if there is any change to the Subscription plans or Premium Services available thereunder.
Subscriptions, fee credits (if any), and any other items or benefits associated with a User’s Subscription are non-transferable.
Subscription Renewals and Cancellation. Subscriptions, with the exception of access passes, will continue until canceled by the User. At the end of your Subscription period, your Subscription will automatically renew for the same Subscription period (for example, monthly or annually) at the then-current Subscription rate for the applicable Subscription plan, unless you cancel your Subscription before it renews. For example, if you signed up for an annual Subscription plan, at the end of the initial one-year period if you haven’t yet canceled your Subscription, your Subscription will be automatically renewed for another one-year period at the then-current rate for annual Subscriptions. For any automatic renewal, you authorize ClickSitter to charge your selected payment method the then-current applicable fee in accordance with the Subscription plan you selected.
To cancel your Subscription, send a email to email@example.com requesting the cancellation of the subscription. The cancellation will be effective at the end of your then current Subscription term. If you cancel your Subscription, you will continue to have access to your Premium Services associated with your Subscription until the cancellation becomes effective. All fees and charges are nonrefundable and there are no refunds or credits once your account has been billed, including if you cancel your Subscription and/or account. All Premium Services cease when your Subscription’s cancellation becomes effective; your Subscription will not renew thereafter. Upon the effective cancellation of your Subscription, you will no longer have access to Premium Services, but you will continue to have access to your account and portions of the Platform and Services that are available to Users who do not have Subscriptions. Cancelling your Subscription will not delete your account. You can deactivate your account requesting by email firstname.lastname@example.org.
Free Trials and Promotional Offers. ClickSitter may offer limited time, free trial Subscriptions or Promotional Offers from time to time. Users under a free trial Subscription will have access to such Premium Services as decided by ClickSitter. ClickSitter may require a User to provide the User’s payment information to start a free trial. For such free trials, ClickSitter may automatically charge the User for the Subscription on the first day following the end of the free trial period, on a recurring monthly or annual basis or as otherwise described in the offer for the free trial. To avoid such charges, Users with free trial Subscriptions must cancel their Subscription before the end of the free trial period. Promotional Offers, which may include discount codes or account credits toward fees, may be subject to expiration dates and may only be applicable to select Users.
Payment Information. If you purchase a Subscription (or have a free trial Subscription), use ClickSitter’s Online Payment Service or otherwise use any of ClickSitter’s fee-based Services, you agree to ClickSitter storing your payment card information. Users with Subscriptions are responsible for maintaining current and accurate payment card information associated with their accounts. Without limiting Section 5.a., ClickSitter may terminate a User’s Subscription and/or account if the User’s payment card information is expired or is otherwise invalid.
10. ONLINE PAYMENT SERVICE.
ClickSitter offers an online payment service (“Online Payment Service”) to facilitate payments from Parents to Sitters. The Online Payment Service may be subject to availability based on geographic area, Subscription enrollment or other basis, as determined by ClickSitter. Sitters must accept payments through the Online Payment Service and, where available, Parents booking with Sitters may choose to make payments online to Sitters. Our partner for online payment is PayPal. Please refer to ClickSitter’s Online Payment Terms and Conditions for additional information and terms and conditions governing use of this service.
11. TEXT MESSAGE COMMUNICATIONS AND MOBILE PUSH NOTIFICATIONS.
Users provide ClickSitter with their mobile phone number as part of the registration process or in their account settings. Users who provide ClickSitter with their mobile phone number may receive text message communications from ClickSitter on their cellular phones and/or mobile devices. By providing ClickSitter with your mobile phone number, you consent to ClickSitter sending text messages to your cellular phone and/or mobile device. ClickSitter does not charge for sending text messages, but your carrier may charge you.
Users of ClickSitter’s mobile applications may have the option to receive push notification alerts from ClickSitter. If push notification alerts are available, you will be given an option to consent to receive them after you download the application. You may also adjust your push notification settings after you have downloaded the application in your mobile device settings.
12. PROMOTIONAL OFFERS AND CREDITS.
From time to time, ClickSitter may offer special promotions, credits, awards or discounts (“Promotions”). All Promotions will be run at the sole discretion of ClickSitter, and can be modified or terminated at any time by ClickSitter with or without advance notice. Promotions may be offered on a limited time basis and may be subject to certain restrictions, terms and conditions (which will be described at the time of the Promotion). As part of a Promotion, ClickSitter may offer fee or reward credits to its Users. Fee or reward credits are non-transferrable, not redeemable for cash, and may be subject to other terms and conditions.
13. INTELLECTUAL PROPERTY RIGHTS.
- Copyright. All materials on the Platform other than User Content are either owned by ClickSitter or are the property of ClickSitter’s suppliers or licensors. You may not use these materials except as we give you written permission to do so.
- Trademarks. The service marks and trademarks “ClickSitter” and the ClickSitter logo are owned by ClickSitter. Any other trademarks, service marks, logos and/or trade names appearing on the Platform are the property of their respective owners. You agree that you recognize the rights of ClickSitter and the respective third parties in those marks. You may not copy or use any of these marks, logos or trade names without the written permission of the owner.
- Ownership and Use. ClickSitter retains ownership of its intellectual property rights and you have no rights to ClickSitter’s intellectual property or ClickSitter’s rights in its intellectual property. Except to the extent you are actually reading materials on the Platform as you use the Platform or Services (or downloading or printing such materials for your personal reference), you have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Platform, other than User Content you create.
- Your Content. Other than the non-exclusive license granted to ClickSitter with respect to User Content (described in Section 4.c. above), ClickSitter will not acquire an ownership interest in the User Content you post.
If any disputes or disagreements arise between a Parent and a Sitter relating to the services provided by Sitter or payments made by or due from Parent, the Parent and the Sitter are responsible for resolving any such disputes directly with each other. ClickSitter will not be a party to any such dispute, and ClickSitter will not be obligated to take any action toward resolving the dispute.
15. DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY.
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE LIABILITY OF CLICKSITTER AND ITS AFFILIATED PARTIES. EACH OF THE SUBSECTIONS BELOW APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
- “AS-IS” BASIS. ClickSitter provides the Platform on an “AS IS” and “AS AVAILABLE” basis. YOUR USE OF THE SITE AND APPLICATION IS AT YOUR OWN DISCRETION AND RISK.
- NO WARRANTIES; RELEASE. CLICKSITTER GRANTS NO WARRANTIES OF ANY KIND, whether express or implied, statutory or otherwise with respect to the Users, the Services, or the Platform (or any information contained in the Platform). ClickSitter does not grant any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. CLICKSITTER DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION AND MATERIALS ON THE SITE OR PROVIDED OR OBTAINED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, INFORMATION CONTAINED IN ANY BACKGROUND OR VERIFICATION REPORT, REGARDLESS OF WHETHER ORDERED BY A USER OR ClickSitter. ClickSitter does not warrant that your use of the Platform or Services or that information on the Platform will be secure, uninterrupted, error-free, available, accurate, or that any defects in the Platform will be corrected. ClickSitter makes no warranties about the connectivity and continued availability of the Platform or Services.
- YOU AGREE TO RELEASE CLICKSITTER AND ITS AFFILIATED PARTIES FROM ANY CLAIMS, DEMANDS, DAMAGES, LIABILITY, COSTS OR EXPENSES, OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR USE OF THE SITE, (II) YOUR USE OF THE SERVICES, (III) ANY CLAIM OR CONTROVERSY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU AND OTHER USERS, OR (IV) ANY BACKGROUND OR VERIFICATION REPORT, REGARDLESS OF WHETHER ORDERED BY A USER OR ClickSitter.
- USER CONTENT. CLICKSITTER MAKES NO CLAIMS OR PROMISES about (i) the opinions, advice, statements, reviews, or other information or content made available on the Platform or through the Services by Users, or (ii) the accuracy, completeness, or usefulness of any information on the Platform or available through the Services.
- LIMITATION OF LIABILITY. IN NO EVENT WILL CLICKSITTER OR ITS AFFILIATED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, 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, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM (I) INTERACTIONS WITH OTHER USERS OF THE SITE, WHETHER ONLINE OR OFFLINE, (II) YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR TRANSMITTED TO OR BY ANY USER OF THE SITE OR SERVICES, AND (III) REVIEWS OR COMMENTS MADE ABOUT YOU ON THE SITE BY OTHER USERS.
- NO CONSEQUENTIAL DAMAGES. YOU AGREE THAT NEITHER ClickSitter NOR ITS AFFILIATED PARTIES HAS ANY LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS, (III) BUSINESS INTERRUPTION, (IV) LOSS OF OR DAMAGE TO REPUTATION, OR (IV) LOSS OF INFORMATION OR DATA.
- MAXIMUM LIABILITY. WITHOUT LIMITING ANY OTHER PROVISION IN THESE TERMS OF SERVICE, CLICKSITTER’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES YOU SUFFER IN CONNECTION WITH THE SITE, THE SERVICES OR THESE TERMS OF SERVICE IS LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO CLICKSITTER IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (II) CA$80.
- SOLE AND EXCLUSIVE REMEDY. YOUR ONLY RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE OR SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION OF YOUR ACCOUNT AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
You agree to indemnify, defend and hold harmless ClickSitter and its Affiliated Parties from and against any and all claims, losses, expenses, demands or liability, including attorneys’ fees and costs incurred by ClickSitter and its Affiliated Parties in connection with any claim by a third party (including an intellectual property claim) arising out of (i) your use or misuse of, or inability to use, the Platform or Services, (ii) any materials and content you submit, post or transmit through the Platform, (iii) your violation of these Terms of Service or your violation of any rights of a third party, (iv) your interactions with or conduct towards any other Users, (v) your violation of any applicable law, rules or regulations or (vi) information contained in any background or verification report, regardless of whether ordered by a User or ClickSitter. You agree that you will cooperate as reasonably requested by ClickSitter in the defense of such claims. ClickSitter and its Affiliated Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users.
17. Copyright Act.
ClickSitter respects the intellectual property rights of others and expects its Users to do the same. ClickSitter may remove content that, in its sole discretion, appears to infringe the intellectual property rights of others. In addition, ClickSitter, in its sole and absolute discretion, may terminate the accounts of Users who infringe the intellectual property rights of others. If you believe any materials on the Platform infringe your copyright, you may request removal of those materials from the Platform by contacting ClickSitter’s copyright agent by email email@example.com and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) email address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
18. GENERAL PROVISIONS.
Governing Law and Venue. British Columbia province law governs these Terms of Service, as well as any claim, cause of action or dispute that might arise between you and ClickSitter, without regard to conflict of law provisions. For any such claim, cause of action or dispute, you agree and consent to the exclusive jurisdiction and venue of the provincial and federal courts of the Province of British Columbia, City and County of Vancouver.
No Joint Venture or Partnership. Nothing in these Terms of Service may be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. ClickSitter is not an employment service or agency and does not serve as an employer or referral source for any User.
Severability. If any provision of these Terms of Service is held unenforceable, then such provision will be modified to reflect the parties’ intention, and all remaining provisions of these Terms of Service shall remain in full force and effect.
Complete Agreement. These Terms of Service contains the entire agreement between you and ClickSitter regarding the use of the Platform and Services, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not contained in these Terms of Services.
Contact Information. If you have any questions or need further information as to the Platform or the Services, or need to notify ClickSitter as to any matters relating to the Platform or Services please contact ClickSitter at firstname.lastname@example.org.
APPENDIX A. DESCRIPTION OF BACKGROUND CHECK SERVICES.
The Criminal Records Review Act ensures that people who work with or may potentially have unsupervised access to children or vulnerable adults undergo a criminal record check by the Criminal Records Review Program (CRRP).
A person whose criminal record suggests they present a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults will not have access to these groups.
Babysitters registered on ClickSitter must present their background check.
What is included in the background check?
It is important to understand that not all criminal records are publicly available in all jurisdictions.
Where can you order your background check?
Newcomers: If you have less than two years of residence in Canada, present the background check of your home country.
Do all criminal records appear on the background report?
Under Federal law, third-party companies are prohibited from reporting non-conviction criminal records that are more than seven years old. This means that if you were arrested, but criminal charges were dismissed or dropped over seven years ago, that particular non-conviction record should not be included in your background report. Some provinces have passed additional laws that further restrict third-party companies from reporting criminal records regardless of when they occurred.