These terms and conditions (“Terms”) apply to your visit to and your use of our website at www.kidcoover.com and www.kidcoover.ca (collectively, the “Website”) and your use of Services (as defined below), as well as to all information, recommendations and/or services provided to you by Kidcoover (defined below) on or through the Website and the Services.
Your contracting partner is Kidcoover Caregivers Inc. a limited liability company, existing under the laws of the Province of British Columbia and having the incorporation number BC1020415 (“Kidcoover”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE OR THE SERVICES. BY USING THE WEBSITE OR THE SERVICES, YOU HEREBY REPRESENT, WARRANT, UNDERSTAND, AGREE TO AND ACCEPT THESE TERMS IN THEIR ENTIRETY WHETHER OR NOT YOU REGISTER AS A USER OF THE WEBSITE OR SERVICES.
These Terms incorporate by reference all other policies, rules and terms and conditions as set forth in Service materials, either in print or on our Website (collectively, the “Policies”). IF YOU OBJECT TO ANYTHING IN THESE TERMS, THE DATA POLICY OR THE OTHER POLICIES DO NOT USE THE WEBSITE OR THE SERVICES.
These Terms are subject to change by Kidcoover at any time. We will notify you about significant changes in these Terms by sending a notice to the email address registered in your account, or by placing a prominent notice on our Site, so that you can choose whether to continue using our Services. Significant changes will go into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated terms on our Website. Your continued use of the Website or the Services after the effective date of any change will constitute acceptance by you of such change.
1. WHAT SERVICES DOES KIDCOOVER PROVIDE?
Kidcoover offers information and a means to obtain childcare services offered by third party childcare providers, caregivers or nannies (the “Caregiver”), which may be requested through the use of the Website and/or by sending an inquiry to a Kidcoover representative. Kidcoover facilitates the provision of childcare services by caregivers on a contract basis or on a permanent basis, as your employee. All such services provided by Kidcoover to you, by means of your use of a Kidcoover representative and/or the Website, are hereafter referred to as the “Services”.
2. HOW IS A CONTRACT CONCLUDED BETWEEN KIDCOOVER AND YOU?
By using the Website or the Service, you enter into a contract with Kidcoover (the “Contract”). In order to be able to use the Service, you first need to sign up with Kidcoover. When signing up, you are obligated to provide Kidcoover with your personal information, mobile telephone number and email address.
You must be at least 18 years of age or older to use the Service. If you reside in a jurisdiction that restricts the use of the Service or Website because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Service or the Website. You represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these Terms and register for the Service.
3. HOW TO USE THE SERVICE
The Website allows you to send a request for Services to Kidcoover. Kidcoover reviews your request and communicates with you and potential Caregivers about your request. The Caregiver has sole and complete discretion to accept or reject each request for Service. If the Caregiver accepts a request, Kidcoover notifies you and provides information regarding the Caregiver – including the Caregiver’s first name, work eligibility, relevant background and experience, and references.
For the avoidance of doubt: Kidcoover itself does not provide childcare services, and Kidcoover is not a childcare provider. It is up to the Caregiver to offer childcare services, which may be requested through the use of the Website and/or the Service. Kidcoover only acts as intermediary between you and the Caregiver. The provision of the childcare by the Caregiver to you is therefore subject to the agreement (to be) entered into between you and the Caregiver. Kidcoover shall never be a party to such agreement.
If, at your election, a full-time Caregiver is permanently placed with you and becomes your employee (such event, a “Permanent Placement”), we are not a party to any agreement between you and the Caregiver. In the event of a Permanent Placement, you become the employer and are responsible for compliance with all applicable employment and other laws in connection with any employment relationship you establish (such as applicable employment standards legislation (including minimum wage laws), occupational health and safety legislation, and worker’s compensation insurance or benefit programs). A NEGOTIATED FEE SHALL APPLY TO ALL PERMANENT, FULL-TIME AND PART-TIME PLACEMENTS THAT OCCUR WITHIN LESS THAN SIX MONTHS OF THE DATE THE CAREGIVER FIRST COMMENCES WORK WITH YOU. THIS FEE SHALL BE $750 FOR PART-TIME CAREGIVERS AND $2000 FOR FULL-TIME CAREGIVERS, OR AS OTHERWISE AGREED UPON BY Kidcoover AND YOU PRIOR TO THE TIME OF SUCH PERMANENT PLACEMENT.
KIDCOOVER INVESTS HEAVILY IN THE SELECTION AND TRAINING OF OUR CAREGIVERS, AND WE VALUE THEM HIGHLY. SHOULD YOU WISH TO HIRE ONE OF OUR CAREGIVERS DIRECTLY ON A PERMANENT OR TEMPORARY BASIS, A PLACEMENT FEE MUST BE DETERMINED WITH KIDCOOVER PRIOR TO AN OFFER OF EMPLOYMENT BEING MADE TO OUR EMPLOYEE. THE PLACEMENT FEE WILL BE BASED ON OUR PERMANENT FEE STRUCTURE, BUT MAY ATTRACT A DISCOUNT BASED ON THE LENGTH OF TIME OUR EMPLOYEE HAS BEEN WORKING FOR YOU.
IF YOU MAKE AN OFFER OF PERMANENT EMPLOYMENT TO A CAREGIVER WHO, WAS INTRODUCED TO YOU BY KIDCOOVER OR IS PERFORMING AN ASSIGNMENT FOR YOU (OR WHO HAS PERFORMED AN ASSIGNMENT FOR YOU DURING THE PREVIOUS TWELVE (12) MONTHS) WHICH THE ON-HIRE EMPLOYEE OR NOMINATED REPRESENTATIVE ACCEPTS, YOU MUST PAY TO Kidcoover THE PERMANENT PLACEMENT FEE IN RESPECT OF THE ON-HIRE EMPLOYEE/NOMINATED REPRESENTATIVE IN ACCORDANCE WITH Kidcoover’S RECRUITMENT FEES. A FAILURE TO PAY THE PLACEMENT FEE WILL BE DEEMED AN UNAUTHORIZED CONVERSION AND SUBJECT TO AN ADDITIONAL $500 PENALTY AND SUBJECT TO LEGAL ACTION.
You are solely responsible for interviewing and selecting an appropriate Caregiver based on Kidcoover’s recommendation.
Subject to applicable law, we may, at our option, conduct limited screening of a Caregiver through verification checks, as further described above. Do not rely on this limited screening as complete, accurate, up-to-date or conclusive of the individual’s or entity’s suitability as an employer or care provider.
THERE ARE RISKS, INCLUDING BUT NOT LIMITED TO RISK OF PHYSICAL HARM, WHEN YOU DEAL WITH SOMEONE YOU CONNECT WITH THROUGH Kidcoover. YOU ASSUME ALL RISKS ASSOCIATED WITH DEALING WITH OTHER PERSONS WITH WHOM YOU COME IN CONTACT THROUGH Kidcoover.
WE PROVIDE NO ASSURANCE OR REPRESENTATION (EXPRESS OR IMPLIED) REGARDING THE QUALITY, TIMING, OR LEGALITY OF THE SERVICES ACTUALLY DELIVERED BY CAREGIVERS OR THE INTEGRITY, RESPONSIBILITY OR ACTIONS OF USERS OR CAREGIVERS. ANY REPRESENTATIONS OR RECOMMENDATIONS THAT WE MAKE WITH RESPECT TO ANOTHER WEBSITE USER OR CAREGIVER, INCLUDING BUT NOT LIMITED TO THOSE ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE SERVICES PROVIDED BY CAREGIVERS OR THE INTEGRITY, RESPONSIBILITY OR ACTIONS OF USERS OR CAREGIVERS WHETHER IN PUBLIC, PRIVATE OR OFFLINE INTERACTIONS, IS BASED ON THE INFORMATION PROVIDED TO US AND OUR LIMITED INVESTIGATION OF READILY AVAILABLE INFORMATION.
4. YOUR USE OF KIDCOOVER, THE WEBSITE AND THE SERVICES
You warrant that the information you provide to Kidcoover is accurate and complete. Kidcoover is entitled at all times to verify the information that you have provided and to refuse the Service or use of the Caregiver without providing reasons.
By using the Website or the Service, you agree that:
a. You will only use the Service for your sole, personal use and will not use it on behalf of a third party;
b. You will not authorize others to use your membership;
c. You will not assign or otherwise transfer your membership or Services to any other person or legal entity;
d. You will not use the Service or Website for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
e. You will not use the Service or Website to cause nuisance, annoyance or inconvenience;
f. You will not impair the proper operation of the network or the Website;
g. You will not try to harm the Service, Website or Caregiver in any way whatsoever;
h. You will keep secure and confidential your membership password or any identification we provide you which allows access to the Service; and
i. You will provide us with whatever proof of identity we may reasonably request.
Kidcoover reserves the right to immediately terminate the Service and the use of the Website should you not comply with any of the above rules.
Because of the type of care services, the setting of the Services and the nature of the relationship between you and a Caregiver, 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.
By using our Services, you agree that we may request verification checks using your Personal Information, in accordance with our Data Policy. We do this to verify the information you provide us (such as your name, address, email address, etc.), the representations and warranties you make in the Terms and on the Website (such as representations regarding your criminal background), and your suitability for Kidcoover. The results of these verification checks are made available to Kidcoover.
We may use third party service providers to perform these verification checks. Our third party service providers may conduct verification checks against a variety of materials which, subject to applicable law, may include but not be limited to media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, criminal databases, sex offender registries and other data to perform these verification checks.
5. PAYMENT FOR SERVICES
The use of the Website and your Kidcoover membership is free of charge. Kidcoover reserves the right to introduce a fee for the use of the Website and/or the Membership. If Kidcoover decides to introduce such a fee, Kidcoover shall inform you accordingly and allow you to either continue or terminate the Contract.
THE RATES THAT APPLY FOR THE CHILDCARE BY THE CAREGIVER WILL BE COMMUNICATED BY Kidcoover TO YOU VIA EMAIL, PHONE OR THE WEBSITE. THESE MAY BE MODIFIED OR UPDATED BY Kidcoover FROM TIME TO TIME. IT IS YOUR OWN RESPONSIBILITY TO REMAIN INFORMED ABOUT THE RATES FOR YOUR SERVICES.
Kidcoover shall charge you for the Services and/or childcare provided to you by the Caregiver on behalf of the Caregiver. You agree that you will pay Kidcoover for all childcare and/or Services you purchase from the Caregiver, and that Kidcoover may charge your credit card account as provided by you when registering for the Service for the childcare (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing Kidcoover with a valid credit card account for payment of all fees at all times. ANY PAYMENT MADE IS NON-REFUNDABLE.
Kidcoover uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the Service. The processing of payments or credits, as applicable, in connection with your use of the Caregiver and/or Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms. Kidcoover is not responsible for any errors by the Payment Processor. In connection with your use of the Services, Kidcoover will obtain certain transaction details, which Kidcoover will use solely in accordance with its Privacy.
The information, recommendations and/or services provided to you by Kidcoover on or through the Website, the Service, by email, by phone or any third party websites is for general information purposes only and does not constitute advice. Kidcoover will reasonably keep the Website and the Services and its contents correct and up to date but does not guarantee that (the contents of) the Website and/or third party websites are free of errors, defects, malware and viruses or that the Website is correct, up to date and accurate.
Kidcoover shall not be liable for any damages resulting from the use of (or inability to use) the Website, Services or a Caregiver or any incorrectness or incompleteness of the information regarding the Caregiver, the Services or the Website or any Kidcoover advertisement unless such damage is the result of any wilful misconduct or from gross negligence on the part of Kidcoover.
The quality of the childcare requested through the use of the Website or the Service is entirely the responsibility of the Caregiver who ultimately provides such childcare to you. Kidcoover under no circumstance accepts liability in connection with and/or arising from the childcare provided by the Caregiver or any acts, actions, behaviour, conduct, and/or negligence on the part of the Caregiver. Any complaints about the childcare provided by the Caregiver should therefore be submitted to the Caregiver.
7. INCIDENTAL DAMAGES AND AGGREGATE LIABILITY.
In no event will Kidcoover be liable for any indirect or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Website or Services, including without limitation damages related to any information received from the Website or Services, removal of content from the Website, 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 Website or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Kidcoover, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
UNDER NO CIRCUMSTANCES WILL Kidcoover’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICES OR THE WEBSITE, EXCEED $500 CAD.
8. NO LIABILITY FOR NON-Kidcoover ACTIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Kidcoover BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH CAREGIVERS, OTHER USERS OF THE WEBSITE 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 Website is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Kidcoover 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 Website. 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
10. LICENSE GRANT, RESTRICTIONS AND COPYRIGHT POLICY
You will not copy or distribute Kidcoover Content (defined below) without written permission from Kidcoover.
“Kidcoover Content” means content owned or used by Kidcoover, its affiliates or licensors and made available through the Website or Services, including any content licensed from a third party, but excluding User content.
11. INTELLECTUAL PROPERTY OWNERSHIP
Kidcoover alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website or the Services.
These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, or the Services, or any intellectual property rights owned by Kidcoover. Kidcoover’s name, logo, and the product names associated with Kidcoover, the Website and/or the Service are trademarks of Kidcoover, its affiliated companies or third parties, and no right or license is granted to use them.
12. THIRD PARTY INTERACTIONS
During the use of the Website and the Service, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the Website and the Service and are beyond Kidcoover’s control.
13. TERM AND TERMINATION OF THE CONTRACT
The Contract between Kidcoover and you is concluded for an indefinite period.
You are entitled to terminate the Contract at all times by providing Kidcoover with written (email included) notice of your termination. Kidcoover is entitled to terminate the Contract at all times and with immediate effect (by disabling or preventing your use of the Caregiver and the Service) if you:
violate or breach any term of these Terms, or in the opinion of Kidcoover, misuse the Website or the Service. Kidcoover is not obliged to give notice of the termination of the Contract in advance. After termination Kidcoover will give notice thereof in accordance with these Terms.
14. INVALIDITY OF ONE OR MORE PROVISIONS
The invalidity of any term of these Terms shall not affect the validity of the other provisions of these Terms. If and to the extent that any provision of these Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these Terms.
15. MODIFICATION OF THE SERVICE AND TERMS
Kidcoover reserves the right, at its sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Service or Website (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Service, Caregiver or via email. Kidcoover may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
Kidcoover may give notice by means of a general notice on the Services, or by electronic mail to your email address on record in Kidcoover’s account information, or by written communication sent by regular mail to your address on record in Kidcoover’s account information.
You may not assign your rights under these Terms without prior written approval of Kidcoover.
18. PRIVACY AND COOKIE NOTICE
Kidcoover collects and processes the personal data of the visitors of the Website and users of the Service.
19. APPLICABLE LAW AND DISPUTE RESOLUTION
These Terms are subject to and shall be governed by the laws of the Province of British Columbia, without regard to its conflict of law provisions. You expressly agree and consent to the exclusive jurisdiction and venue of the courts of British Columbia for the resolution of any dispute.
20. FINAL PROVISION
The English text of these Terms constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.