As used in this Agreement, “www.tidycarehealth.com”, “we,” “us,” and “our” shall mean TidyCare Health and its subsidiaries and affiliates. By using any of the Services and the Website, You expressly agree to be bound by these terms and all applicable laws and regulations governing the Website and the Services. The terms form a legally binding agreement between you and www.tidycarehealth.com in relation to your use of the Website and/or the Services and applies to all users of the Services, whether registered or not, on the Website.
We may, at our sole discretion, modify or revise these Terms of Service and policies at any time by giving notice on our Website and/or through the Services, and you agree to be bound by such modifications or revisions. Although TidyCare Health may attempt to notify you, when major changes are made to these Terms of Service, you should periodically click on our Terms of Service to review any updates. All changes shall be effective immediately when we post them and shall apply to all access to and use of our Website thereafter. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits hereunder.
Account shall mean the account created by the Customer on the Application for availing the Services provided by TidyCare Health.
General Advice: Our Site and services do not offer medical advice and no content on our Sites creates a patient-doctor relationship
Applicable Laws shall mean and include all applicable statutes, enactments, acts of legislature or parliament, provincial laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of Canada.
Website shall mean the mobile application “TidyCare Health”, as updated by TidyCare Health from time to time.
Convenience Fee shall mean the fee payable by the Customer to TidyCare Health for the Service i.e., for availing the technology services offered by TidyCare Health. The Convenience Fee shall be exclusive of all applicable taxes on the Convenience Fee, if any.
Cancellation Fee shall mean Fee payable towards cancellation of Service by the Customer. The Cancellation Fee shall be exclusive of all applicable taxes on the Cancellation Fee, if any.
Customer/ You is a person who completes TidyCare Health’s account registration process.
Representative is an entity and its Affiliate(s), any director, officer, employee, consultant, contractor, agent, and attorney associated with the TidyCare Health.
Content means report text, web chat, graphics, emoji’s, images, music, software, audio, video, information or other materials.
TidyCare Health Content means all Content that TidyCare Health make available through the Website, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Customer Content.
Collective Content means Customer Content and TidyCare Health’s Content.
Service Availability: The Sites may not be accessible at all time. We may change or discontinue any of the features of the Sites. We cannot promise to store or keep showing any information or content you’ve posted.
No Warranties: The Sites are provided on an “as is” without any warranties. There may be errors, omissions or interruptions.
Limitation of Liability: These are the limits of legal liability we may have towards you.
Indemnification: You agree to defend, indemnify and hold harmless TidyCare Health, its licensors and partners and their respective employees, officers, directors, or agents from any and all claims, liabilities, costs and expenses, relating to or arising out of your use of our Sites including your use or access
Minors: You should be at least thirteen (13) years old to use our Sites and have your parent’s consent if you are under the age of majority in your province or territory of residence.
By creating an account, you agree to: (i) provide accurate, current and complete account information; (ii) maintain the security of your password, not share your password with any other person and accept all risks of unauthorized access to your account; and (iii) promptly provide notice to TidyCare Health if you discover or otherwise suspect any security breaches related to the Services.
You agree and accept that all of the information you provide to TidyCare Health when setting up your User Account and at any other time shall be true, correct, complete and accurate in all respects.
We provide home care provider services (foot care and nursing) to assist individuals requiring homecare. Our Sites provide information on our Services.
Tidycare Health operates upon a direct-to-consumer model where our customer’s health and wellbeing are our central focus.
For us every customer is different. At TidyCare Health, upon receiving your request, we have a detailed conversation with you about your specific medical condition, if any, and then suggest the best course of action. We ask for a payment only when you agree with our proposed plan of action as well as the costs involved.
By using the Service, You further agree that:
- You will not use the Service or Website for unlawful purposes;
- You are at least of the legally required age in the jurisdiction in which you reside and are otherwise capable of entering into binding contracts.
- You will act professionally and responsibly while services are being performed;
- You will not try to harm the Service, Website or our network in any way whatsoever;
- You will comply with all Applicable Law from Your country of domicile and residence and the country, province and/or city in which You are present while using the Website or Service; and In the event the we require any assistance in locating your home you shall provide proper guidance of directions over the phone
TidyCare Health reserves the right to immediately terminate the Service and the use of the Application in the event of non-compliance with any of the above requirements.
You on behalf of Customer/Patient request TidyCare Health to provide Service at home or any other location agreed with TidyCare Health. In the event you are opting for in in-home nursing Services, you agree that the Service is advised by a legal medical practitioner and you undertake the responsibility of Service and risks involved. TidyCare Health will ensure high quality of Service but will not be responsible for risk of failure and/or adverse effects, including possible mortality or permanent disability. You understand and agree that TidyCare Health does not guarantee any recovery or outcome from the Service offered. You agree to provide safe environment for CareGivers to discharge their duty and you will ensure we are not harassed, abused or troubled in any way physically or emotionally. You authorise TidyCare Health to collect Customer/Patient’s data and use/share the same with others (without revealing Customer/Patient’s identity). You will make payments to TidyCare Health as per the terms agreed and will not link it with outcome of the Service.
TidyCare Health shall, upon receiving the booking request from You, proceed to confirm or decline the booking based on the availability of Service. We shall inform you if your booking is confiormed via SMS, Call or Email.
You shall bear the consequences and damages for any delay that may be caused to You due to Your failure to check the confirmation SMS or email or failure to inform TidyCare Health of the incorrect details immediately.
TidyCare Health shall charge Convenience Fee for the Service which shall be determined and amended at the sole and absolute discretion of TidyCare Health. The Convenience Fee shall be payable by you to TidyCare Health and shall be informed to you. The payment can only be made via cash or by third party payment gateway.
The Customer shall pay us in full for all Task services at the rates agreed to by the parties. Please note all the service bookings shall be considered final and no refunds shall be granted.
Cancellation and Re-scheduling of Booking
There is no fee, if the Customer cancels before 24 hours of the scheduled start time of the Service. Similarly there is no fee for rescheduling a task, if the Customer cancels before 24 hours of the task start time.
You agree and acknowledge that You may cancel Your request for Service from an Website or by calling us at any point of time, subject to a Cancellation Fee of $__ as explained below:
- If the Customer cancels or Re-schedules the booking 5 hours before the appointment.
- If the Customer reserved the Service and decides to cancels or Re-schedules the booking when we are on the way to customer’s location.
- If we cancel the booking after waiting at your location for more than 5 minutes
- The Cancellation Fee shall be payable by You via cash or by third party payment gateway.
Obligations Of Users
You shall not smoke and/or drink when the services are being provided or misbehave with the us or act contrary to the Applicable Law. In the event You are found to be involved in the activities set out above, You shall also be blacklisted as a result of misbehaving with us, and in such event, Your Account may be terminated by TidyCare Health.
Customers will not use the Services if any applicable law in their Province prohibits them from doing so and or have not previously been their right to use the Services.
By posting any Content on the Website, you hereby grant TidyCare Health a perpetual, world-wide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, and edit any such Content which you may provide. You hereby waive all rights to any claim against TidyCare Health for any alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Content. By submitting Content, you represent to TidyCare Health that such content is original, you are its rightful owner or that you have first obtained permission from the rightful owner to submit it, and that you have the authority to assign and license to TidyCare Health all rights, title and interest as set forth herein in and to such Content. .
TidyCare Health is only a booking service for medical or foot care services. In this sense, our service is not intended as an instrument of consultation or medical and surgical supervision. In this sense, all information on the site is to be considered for informational purposes only. Any potential error, omission or similar content on the site will not lead TidyCare Health to any legal liability for potential damages, direct or consequential accidents.
When you send an e-mail or chat electronically with TidyCare Health, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, phone calls or sms text messages. You agree that all agreements, notices, disclosures and other communications that TidyCare Health provides to you electronically satisfy legal requirements that such communications be in writing.
Use Of The Services
Except as otherwise agreed upon, we hereby grant you a limited, nonexclusive, non-sub-licensable license to access, and use the Platform. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Content, except as expressly permitted by TidyCare Health or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
TidyCare Health will not be liable on account of any inaccuracy of information on its Website. It is the responsibility of the visitor to further research the information on the Website. The user undertakes not to duplicate, download publish, modify and distribute material on TidyCare Health unless specifically authorized by TidyCare Health in this regard.
In no event shall we, our affiliates or our partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to your conduct or of anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service.
Third Party website Links, Content And Services
The Website and Content available through the Website may contain links to other third-party website (“Third Party Websites“) such as third-party payment processors. If you link to Third Party Websites, you may be subjected to those Third-Party Websites’ terms and conditions and other policies. TidyCare Health makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third-Party Website, and your linking to any other Website is completely at your own risk and TidyCare Health disclaims all liability thereto.
Any and all contents and services (including advertising) within TidyCare Health that are not owned by TidyCare Health are “third party content and services.” TidyCare Health acts merely as an intermediary service provider of, and accepts no responsibility or liability for third party content and services. In addition, and without limiting the generality of the foregoing, TidyCare Health may include links to Websites operated by third parties, including advertisers and other content providers. Those Websites may collect data or solicit personal information from you. TidyCare Health does not control such Websites, and is not responsible for their content, policies, or collection, use or disclosure of any information, those Websites may collect.
Ownership and Intellectual Property
This Website and all content forming part of the Website, including without limitation, all photographs, ideas, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trade mark and other intellectual property laws of the Canada.
You acknowledge and agree that TidyCare Health owns, controls or is licensed all legal right, title and interest in and related to the Website, including all intellectual property rights. You may not:
- modify or copy the idea of trade, layout or appearance of the Website or any computer software or code contained in the Website; and/or
- decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
If you believe that anything on or available through the Services infringes upon any copyright which you own or control, you may contact us at http://www.tidycarehealth.com
Reliance on Information Posted
The information presented on or through the Website is made available solely for general purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk and responsibility. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Limitation of Liability
TIDYCARE HEALTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING LOSS OR DAMAGE TO CONTENT), IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TIDYCARE HEALTH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT TIDYCARE HEALTH SHALL NOT BE LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS. THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU, IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE CONTROLLED AND OFFERED BY TIDYCARE HEALTH FROM ITS FACILITIES IN CANADA. TIDYCARE HEALTH MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH TIDYCARE HEALTH IS TO STOP USING THE TIDYCARE HEALTH PLATFORM, AND TO CANCEL ANY AND ALL OF YOUR TIDYCARE HEALTH ACCOUNTS, IF APPLICABLE.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE TIDYCARE HEALTH NOR ANY PERSON ASSOCIATED WITH THE TIDYCARE HEALTH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS SUFFERED IN RELATION TO YOUR USE OR INABILITY TO USE THE WEBSITE WITHOUT LIMITING THE FOREGOING, NEITHER THE TIDYCARE HEALTH NOR ANYONE ASSOCIATED WITH THE TIDYCARE HEALTH REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE MAKE EVERY EFFORT TO VERIFY STATEMENTS AND INFORMATION SUBMITTED BY THE THIRD PARTIES AND OUR CUSTOMERS, THE INFORMATION COMPILED BY US IS BASED ON INFORMATION SUPPLIED BY VARIOUS INDIVIDUALS AND BUSINESSES, IT DOES NOT REPRESENT THE VIEWS OF TIDYCARE HEALTH. AND TIDYCARE HEALTH CANNOT BE HELD RESPONSIBLE FOR ANY OMISSIONS OR INACCURATE CLAIMS THAT MAY APPEAR.
THE TIDYCARE HEALTH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Entire Agreement/ Severability
You may not assign these Terms or any of the rights granted hereunder without the prior written consent of TidyCare Health, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
Failure by either TidyCare Health or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
TidyCare Health shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Governing Law And Arbitration
The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before a Competent Court of Toronto, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of Ontario. Therefore, you agree that: Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Ontario. This Agreement shall be governed by the internal substantive laws of Canada, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a competent court located in, Canada, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.
Discovery. Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defences. Any such discovery requests must be served on the other party within 10 days after the arbitrator’s appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort that would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense.
Communications with the Arbitrator. Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator.
Confidentiality. Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.
If you have any questions or concerns regarding these Terms or our Services, please contact us through the support portal at http://www.tidycarehealth.com