COLLECTIVELY THE “SERVICES”Subject to the creation of a MYBABYSITTER.CA account (an “Account”):
Parents, USERS, home owners, tenants, and/or Babysitters (collectively referred to as “USERS”) are hereby permitted to access the Site for the limited purpose of reviewing certain job posting information posted by and/or uploaded to the Site by persons seeking employment as a provider of childcare services, pet care services, and/or house keeping services, and/or for the limited purpose of sending and receiving communications from persons relating to such services.
Child care providers, caregivers, job seekers, and/or Babysitters (collectively referred to as “Job Seekers”) are hereby permitted access to the Site for the limited purpose of posting and/or uploading certain job posting information related to employment as a provider of childcare services, for the limited purpose of sending and receiving communications to and from a USER relating to such services.
Save and except for the Services and as otherwise as set out herein no person may use or access the Site for any other purpose. The Site is an Internet job posting website and is not a referral service. MYBABYSITTER.CA does not charge USERS or Job Seekers a fee or other compensation based on a Parent or Job Seekers decision to, or not to, enter into an employment or independent contractor agreement. MYBABYSITTER.CA is not a party to and shall not, in any way, be liable to a Guardian, Job Seeker or any other third person, arising, either directly or indirectly from such employment or independent contractor agreement.
MYBABYSITTER.CA does not verify, review, evaluate, interview, screen, vet or perform background checks on USERS or Job Seekers or on any Content (as defined herein) posted to the Site by any person. There are risks, including but not limited to risk of physical harm of dealing with a USER, Job Seeker or any other person contacted through the Site.
BY USING OUR SERVICES, YOU ASSUME ALL RISKS ASSOCIATED WITH DEALING WITH OTHER PERSONS WITH WHOM YOU COME IN CONTACT THROUGH MYBABYSITTER.CA
MEMBERSHIP ACCOUNTAn Account is required to access certain Information and the Services. To create an Account you must complete a MYBABYSITTER.CA registration form. You acknowledge and agree that MYBABYSITTER.CA may, in its sole discretion refuse to establish an Account or cancel or suspend your Account if MYBABYSITTER.CA reasonably believes that the Site or Services have been or may be misused by you or any third party who has obtained access to the Site or Services through your Account.
Upon acceptance of your membership registration form, you will receive a password and account designation from MYBABYSITTER.CA. You are responsible for maintaining the confidentiality of the user name and password, and are fully responsible for all activities that occur under your user name and password. You agree to immediately notify MYBABYSITTER.CA of any unauthorized use of your user name and password or any other breach of security, and ensure that you exit from your account at the end of each session. You agree not to provide any other individual access to MYBABYSITTER.CA via your login information.
RESTRICTIONS ON USE OF THE SITEExcept as otherwise set out herein, you agree not to use the Site for any commercial use, without the prior written authorization of MYBABYSITTER.CA. Without limiting the generality of the forgoing, prohibited commercial uses include use of the Site and/or the Information for the primary purpose of gaining advertising or subscription revenue, the sale of advertising on any third party website, and/or use of the Site by any job posting company, home childcare providers, nanny agencies, or baby-sitting companies without MYBABYSITTER.CA’s express approval. Prohibited commercial uses do not include using certain Information expressly designated by MYBABYSITTER.CA (“Designated Information”) in news releases or on third party websites provided that the primary purpose of using the Designated Information is not to gain advertising revenue or compete with MYBABYSITTER.CA or any use that MYBABYSITTER.CA expressly authorizes in writing.
You agree that you will comply with any request by MYBABYSITTER.CA that you take down any Information or Designated Information you post on any website.
MODIFICATIONS TO SERVICE AND/OR SITEMYBABYSITTER.CA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) or the Services (or any part thereof) with or without notice. You agree that MYBABYSITTER.CA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or the Service.
INDEMNITYYou agree to indemnify and hold harmless MYBABYSITTER.CA, and its affiliates, and its and their officers, directors, agents, partners and employees from and against any and all claims, demands, liabilities, costs, expenses or damages whatsoever including without limitation legal fees and disbursements on a solicitor and own client basis, resulting directly or indirectly from:
- Your access to or your use of this Site or the Services;
- Your use of, reliance on, publication, communication or distribution of any Information; or
- Your violation of any law or regulation.
PROFILEYou represent and warrant that:
- All Content uploaded or posted will be true and accurate in all material respects;
- You are legally entitled to work in Canada.
- Your Conduct and Content.
- You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted by you to the Site or privately transmitted by you through the Site, is the sole responsibility of the person from which such Content originated.
- You are responsible for all Content that you upload, post, email, transmit or otherwise make available on or through the Site.
- You may not use this Site in any manner to create, upload, post, or otherwise transmit any material or information which:
- Is libelous, obscene, violent, scandalous, discriminatory or defamatory, including any discriminatory content based on gender, race, sexual orientation, religious affiliation, disability, ethnicity, or family status;
- Contains viruses or other contaminating or destructive features, violates the personal, proprietary, or intellectual property rights of any third party, or in any other manner contravenes applicable statutes, laws, rules, orders, regulations, bylaws or other legal requirements.
THIRD PARTY INTERNET SITESThis Site may contain links to third party websites that are not under the control of MYBABYSITTER.CA. You understand that MYBABYSITTER.CA provides these links as a convenience only and the inclusion of such links does not imply that MYBABYSITTER.CA endorses or accepts any responsibility for the content or uses of such websites.
DISCLAIMERSMYBABYSITTER.CA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. MYBABYSITTER.CA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY OR TIMELINESS OF THE SITE OR THE SERVICES, AND YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
MYBABYSITTER.CA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND MYBABYSITTER.CA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATION OF LIABILITYYOU ACKNOWLEDGE THAT ANY USE OF OR RELIANCE ON THIS SITE OR THE SERVICES IS COMPLETELY AT YOUR OWN RISK.
YOU AGREE THAT MYBABYSITTER.CA WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGES, CLAIMS OR LIABILITIES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS OR LOSS OF REVENUE), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE OR THE SERVICES AND THE INFORMATION PROVIDED (WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, EQUITY, COMMON LAW OR OTHERWISE) EVEN IF MYBABYSITTER.CA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. MYBABYSITTER.CA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) PERSONAL INJURY, PROPERTY, BODILY, OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR THE SERVICES, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY INFORMATION, INCLUDING WITHOUT LIMITATION THE CONTENT.