SOSgarde Terms of Use

These terms of use (the "Terms of Use", "Terms" or "Agreement") set out the terms and conditions under which persons residing in Canada may use SOSgarde.ca (the "Website") and its services (the "Services"):

This Agreement states that the Terms of Use (the "Terms of Use") provided for the use of the Website is operated by and owned by Agent White Inc. Please read the following pages carefully. These Terms are an integral part of the contract with SOSgarde. It is mandatory for the consumer to read and acknowledge the conditions listed herein before entering into any other contract with the merchant. The consumer is entirely free to accept or refuse to contract with the merchant, including requesting correction of any errors.

SOSgarde is not a referral website. It is a matchmaking service between families and homecare candidates that allows families to post job opportunities, for candidates to apply to these postings, for families to search and evaluate candidate profiles. SOSgarde also allows for the hiring of homecare providers however it is not possible to pay Candidates through the Website. The Candidates are paid directly by the Families and SOSgarde is not responsible in any way for the payment of the Candidates by the Families.

SOSgarde DOES NOT EVALUATE OR MAKE ANY CRIMINAL CHECKS regarding the users of this Website. IT IS THE SOLE RESPONSIBILITY OF THE USERS (Families and candidates) TO MAKE THE APPROPRIATE CHECKS - REFERENCES AND CRIMINAL BACKGROUND. SOSgarde may, at its discretion, exclude without compensation any Candidate from the Website with a criminal record related to the services proposed by the Website. It is recognized by all parties that discrimination with respect to a criminal or penal conviction is justified in connection with the activities of the Website under section 18.2 of the Quebec Charter of Human Rights and Freedoms. YOU UNDERSTAND AND AGREE TO BE RESPONSIBLE FOR ANY RISKS ASSOCIATED WITH ANY INDIVIDUAL WITH WHOM YOU MAY COME INTO CONTACT THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, PHYSICAL DAMAGE, LOSS OF PROFITS OR FINANCIAL LOSS, DAMAGE TO PROPERTY, AND MORAL DAMAGES. THIS AGREEMENT CONSTITUTES AN ACCEPTANCE OF THESE RISKS.

If you do not agree with the Terms of Use set forth in this agreement, please do not use this Website and its Services or you can ask for a correction. By using this Website, you agree to the Terms of Use and acknowledge that you are bound by the terms and conditions set forth in these Terms of Use AND CERTIFY THAT YOU HAVE READ AND UNDERSTAND THE RULES BEFORE SIGNING YOUR SIGNATURE AS A USER AND SUBSCRIBER OF THIS WEBSITE. The terms "You" and "User" as used in this Agreement refer to any individual and/or entity accessing this Website for any reason.

I declare that I am fifteen (15) years of age or older and that I have the right to work in Canada. In the case of use of the Website by a person under the age of eighteen (18) ("Minor"), it is the responsibility of the holders of parental authority to exercise such control as they deem necessary to ensure acceptable use of the Internet by Minors for whom they are responsible. Minors must obtain permission from someone with parental authority before submitting personal information through the Website. No conclusive verification in this regard can be made by the Website, good faith must prevail in the conduct of Users.

1. WEBSITE DESCRIPTION AND DEFINITIONS

"User Content": refers to the data transmitted by the User when using the various Services on the Website.

"Username": refers to the information required to identify a User and the service provider on the Website in order to access the areas reserved for Members.

"Service provider" or "Candidate": refers to any person offering their services as a home or household helper for a fee on the www.SOSgarde.ca website. The Candidate or Candidate on the Website is the subsequent provider of care services to clients of the Website. Notwithstanding any provision, the Service providers or Candidates are self-employed and are not agents or employees of SOSgarde. SOSgarde does not provide any salary, prepositional relationship, work tools or supervision of the work performed.

"Services": refers to all the services accessible on the Website https://www.SOSgarde.ca.

"Website": refers to the Internet site with the url https://www.SOSgarde.ca, its other names and references. It includes computer formats usable on the Internet including data of various kinds, including text, sound and still or moving images, video, databases, intended to be consulted by users and service providers to learn about its services. The Website includes two distinct categories of members: a) Users or Families and b) Service providers or Candidates.

"User" or "Consumer" or “Families”: means any person or Family who uses the Website or any of the Services offered or to search for candidates.

1.1 The SOSgarde Website is an online database where registered Families can search within the profiles of registered candidates. The Website also allows Families to post household or home care jobs that candidates can apply for directly. In addition, the Website allows communication between registered Families and registered candidates through a messaging service. However, the Website does not allow payment for the provision of Candidate services. Furthermore, the Website does not guarantee that the information posted by Families and/or candidates is true, accurate or up-to-date.

1.2 Agent White Inc.'s role is limited to offering the Service and its responsibilities do not extend beyond the activities associated with maintaining this Website, its role being limited to operating a site where household help Candidates and Families can post information regarding their needs for household help services and be connected to the performance of said services. Agent White Inc. is not associated with, nor does it employ, represent or act as an agent for any service provider or Candidate on this Website. Agent White Inc. is not to be perceived as a referral service benefiting Families, individuals or household help candidates.

1.3 It is understood by the user that Agent White Inc. does not have an employment relationship with and is not in the service of the Families, candidates or service providers who post on the Website. By using this Website, you agree to release Agent White Inc. (including its employees, officers and directors) from any claims or damages that may arise in connection with the use of this Website, except for intentional or gross negligence on the part of Agent White Inc. ANY AGREEMENT BETWEEN A HOME HELP APPLICANT AND A FAMILY IS BETWEEN THESE PARTIES ONLY. AGENT WHITE INC. IS NOT A PARTY TO THIS AGREEMENT AND ONLY PROVIDES A PAID SERVICE TO FAMILIES AND A FREE SERVICE TO APPLICANTS. SOSGARDE IS NOT RESPONSIBLE FOR ANY CLAIMS OR DISPUTES OF ANY KIND THAT MAY ARISE BETWEEN THE PARTIES.

1.4 We recommend that Candidates voluntarily submit to a preliminary assessment procedure offered by SOSgarde. We also strongly recommend that Candidates undergo a criminal background check and disclose the results. In addition, we strongly suggest that parties conduct a reference check and in-depth interview with any individual with whom you may be associated as a result of the use and services provided on this Website, whether it be a Family or a Candidate. Because the authenticity of a user is impossible to certify despite due diligence, this Website cannot and does not confirm that each user is who they claim to be, although SOSGARDE makes every effort to ensure such validity. Each background check is performed by a third party service, Triton, and includes verification of the Candidate's identity. In addition to the third party verification service, Candidates may submit official photo identification verified by SOSgarde, as well as the qualification certificates that Candidates indicate on their profile, to validate the veracity of the latter. If these elements are sent and match the information entered on the profile, there is a note on the Candidate's profile stating that it is validated, and his or her profile automatically moves up in the search results. As part of the background check, each Candidate has a box in their profile for background check. The box says if it is not available (the Candidate has not given their history or done a background check through SOSgarde), it is available, passed, and issued on a certain date (the Candidate has done a background check through SOSgarde and the result is negative), it is available, not passed, and issued on a certain date (the Candidate has done a background check through SOSgarde and the result is positive), or it is "pending" (the Candidate's history is being checked).

1.5 SOSgarde does not guarantee, is not responsible for, nor does it endorse any of the interviews and meetings agreed upon by the Users and Candidates of the Website. The Website and its database can only be used for legal purposes by Families looking for household helpers. It is the responsibility of the Families and the Candidates to communicate with each other in order to make the necessary arrangements for the job, in particular through the messaging function of the SOSgarde Website.

1.6 The Webmaster (hereinafter referred to as the "Webmaster") shall have full authority to agree on the Website Content, including, but not limited to, the modification of content, format, use, nature of publications and decision making with respect to the content of the Website including profiles and comments, at its sole discretion and without prior notice. Candidate and Family profiles that do not comply with the Terms of Use may be removed by the Webmaster without notice.

1.7 It is agreed that the current Website may contain advertising that is beyond the control of Agent White Inc. and that Agent White Inc. is therefore not responsible and cannot be held liable for any damages or losses caused by any third party using this Website.

2. WEBSITE CONTENT USAGE

2.1 The contents of this Website such as text, graphics, images, logos, icons and buttons, software and other website content (all content hereinafter referred to as "Website Content") are the sole property of Agent White Inc. and are protected by copyright, trademark and other intellectual property laws. All Website Content is the property of Agent White Inc. or its content providers, except for content provided by Users and Applicants. Users and Applicants grant Agent White Inc. a non-exclusive, perpetual license to the Content uploaded to the Website. The compilation, presentation and assembly of all Web Website Content is the exclusive property of Agent White Inc. and is protected by copyright laws.

2.2 Unauthorized use of Web Website Content may violate copyright, trademark and other laws. You may not sell or modify the Website Content or reproduce, display, publicly perform, distribute or otherwise use the Website Content in any way for any public, personal or commercial purpose, except for modifications to your own profile information or with the prior written permission of the Website.

2.3 The use of any Content from the Website on any other website or within a networked computer environment for any purpose is prohibited. You may not copy or adapt any code created by Agent White Inc. or its suppliers to generate any Content from another Website.

3. GENERAL RULES

3.1 Users may not use the Website to post, transmit, distribute, store or destroy any material, including but not limited to: Website Content, (a) in violation of any applicable law or regulation (b) in such a way as to infringe the copyright, trademark, trade secret or other intellectual property rights of others or to infringe the privacy publicity or other personal rights of others or (c) is or may be defamatory, offensive, vulgar, obscene, harassing and/or threatening, abusive, hateful, racist, sexist, discriminatory, violent or otherwise objectionable or cause embarrassment or anxiety to any person.

3.2 Any content of a sexual nature is strictly prohibited, including but not limited to: images, attachments, comments and postings.

3.3 The Webmaster may, in its discretion, modify, delete, cancel, invalidate any posting on the Website that violates the Terms of Use herein, including the exclusion of a User who has on any occasion violated such Terms of Use, without any prior notice. No refunds will be given to an excluded User and each User expressly and irrevocably releases Agent White Inc. (including its employees, officers and directors) in the event of exclusion or any decision by the Webmaster that may result from such exclusion with respect to the use of the Website.

3.4 Users are prohibited from violating or attempting to violate the security of the Website, including but not limited to: (a) accessing data not intended for such user or accessing a server or account which the user is not authorized to access (b) attempting to probe, scan ("scan") or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (c) attempting to interfere with service to any user, host or network, including without limitation, by means of injecting a virus into Agent White Inc. or its affiliates, overloading, flooding, "spamming," "mailbombing," or "crashing," or (d) forging any TCP/IP header or any information contained in the header of any e-mail or informational posting. Violations of system or network security may result in civil and/or criminal liability. Agent White Inc. will investigate those instances that may invoke such violations and may involve and cooperate with law enforcement authorities in prosecuting users involved in such violations.

4. SPECIFIC PROHIBITED USES

The Website specifically prohibits the following:

a) Posting incomplete, false or inaccurate biographical information or information that is not yours.

b) Using the database for any reason other than to search for a Candidate or a job in home care. Other companies, child care workers, home child care workers, corporations or individuals providing home care services, home care placement agencies or other babysitting companies are strictly prohibited from using the Website or the Services. If these conditions are not met, Agent White Inc. may, in its discretion, immediately terminate the unauthorized User's access to the Website without prior notice and institute legal proceedings against such party without notice or delay including, but not limited to: an interim injunction in which the offending party acknowledges that irrevocable harm may be caused to Agent White Inc. and that the balance of convenience resulting therefrom will be in Agent White Inc.

c) Delete or revise any material posted by any other person or entity without their prior written consent.

d) Use any instrument, tool, software or routine to interfere or attempt to interfere with the proper working of this Website and any activity taking place on this Website.

e) Take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure.

f) Except as otherwise provided herein, use or attempt to use any engine, software, tool, agent or other device or mechanism, including without limitation, browsers, harvesters, bots, avatars or intelligent agents to navigate or search the World Wide Web other than a search engine and other third party web browsers commonly available on web browsers such as Chrome, Mozilla Firefox, Bing, Safari and others.

g) Attempt to decipher, decompose, disassemble or reverse engineer any of the software included or otherwise integral to this Website.

h) Copy, modify or duplicate in any way any of the Content of the Website or any information available.

5. USERNAMES, PASSWORDS AND USER OBLIGATIONS

5.1 The User or Candidate is responsible for his/her password, username and any information provided to the Website. Any use of your registration information to access the Website is your responsibility.

5.2 In the event of any inappropriate or unauthorized use of your password, username or registration information, you agree to notify the Webmaster within 24 hours of becoming aware of the event.

6. SUBSCRIPTION, FEES, REIMBURSEMENT AND DISPUTES

6.1 In order to have the opportunity to contact Home Help Candidates, Families must follow a subscription process and pay a subscription fee. Families will be required to select the type of subscription, i.e. monthly, quarterly or yearly, and pay the subscription fee prior to contacting a Home Helping Candidate. It is the responsibility of the Family to select a subscription period and pay the corresponding fee.

6.2 Each subscription is automatically renewed with a confirmation email to the user. Subscription renewals can be cancelled at any time. When a subscription renewal is cancelled, a member will remain registered on the Website until the end of his current subscription and his subscription will not be automatically renewed.

6.3 It is possible for each Candidate to make his or her profile more visible by purchasing a premium profile at the prices indicated on the Website. In this case, the Candidate is required to choose the type of subscription desired, i.e. monthly, quarterly or annual, and must pay the corresponding fees in order for his or her profile to become more visible. However, the subscription is not necessary for the Candidate to enter into contact with Families.

6.4 The User or Candidate has the right to cancel a subscription order at the time of registration if the price of the selected subscription differs from the actual price. The User and the Candidate must provide true and accurate financial information, whether by credit card payment or other means of remittance. The User or Candidate must ensure that the payment method and details provided are his or her own and that a sufficient amount of credit or other funds is available to him or her at the time of purchasing a subscription. These funds and credits must be sufficient to cover the purchase cost of the selected subscription or service.

7. DISCLAIMER OF WARRANTIES

Agent White Inc. does not warrant that the information available on the Website is reliable, accurate or updated. Agent White Inc. does not warrant that the service is error or fault free. Agent White Inc. does not guarantee that specific needs will be met by the subscription service.

8. JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada and the parties submit to the exclusive jurisdiction of the courts of the Province of Quebec. Although the Website may be accessed from other locations around the world that may be governed by laws other than those applicable in the Province of Quebec, by using the SOSgarde Website, you submit to the exclusive jurisdiction of the Province of Quebec, to the exclusion of all other jurisdictions. Otherwise, you are prohibited from using the Website.

9. GENERAL PROVISIONS

Any reference to the female and/or male gender refers to all genders and words referring only to a singular form include the plural form and vice versa.

Words such as "AGREEMENT," "DISCLAIMER," "TERMS OF USE," "HEREIN," "BELOW," "HEREIN," and "BELOW" refer to these Terms of Use as a whole, and not just to the section in which the words appear, unless the context so requires.

Any prohibited or unenforceable provision in these Terms of Use shall have no effect, without invalidating the other terms and conditions of these Terms of Use.

The User and the Candidate or the Service Provider require that these Terms of Use and any future communication relating to the Website be in English.

This User Agreement includes all obligations between the User and the Website and no express or implied warranty is provided to the User.

10. MERCHANT CONTACT

Agent White Inc.
CP 145, 19 Donegani, POINTE-CLAIRE, QC,
H9R 2V6, Canada
Courrier électronique: [email protected]