YOU AGREE TO THESE TERMS OF USE WHEN YOU BROWSE OUR SITE AND USE OUR SERVICES. YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE IN CERTAIN CIRCUMSTANCES. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION FOR BUSINESS CARE SEEKERS AND CARE GIVERS. READ THIS DOCUMENT CAREFULLY.
These Terms of Use (the “Terms”) set forth the terms and conditions under which individuals located in Ontario, Canada may use the Reliefcare.com Site and/or Services (described below).
SERVICE TERRITORY: The Services are currently available only in the Province of Ontario, Canada. The Services are NOT available in Quebec or other Canadian provinces or territories at this time. If you are located outside of Ontario, you may not use the Services. Relief Care Inc. reserves the right to refuse service, cancel bookings, or restrict accounts if a user is determined to be outside the supported service territory.
- Please read these Terms before using the Site or Services. By using the Site or Services, you represent, warrant, understand, agree to and accept these Terms in their entirety.
- These Terms incorporate by reference the Reliefcare.com Privacy Policy and all other policies as set forth on our Site. If you object to these Terms, do not use the Site or Services.
- These Terms are subject to change. We will notify you about significant changes by email or prominent notice on our Site. Significant changes take effect 30 days after notice. Non-material changes take effect immediately upon posting.
For purposes of these Terms, the “Site” means reliefcare.com and affiliated websites, web pages, and mobile applications operated by Relief Care Inc. The “Services” means any services Reliefcare.com provides through the Site or other channels.
1. DESCRIPTION OF SERVICES; LIMITATIONS; USER RESPONSIBILITIES
1.1. About Our Services
Reliefcare.com provides an online marketplace for families, businesses and Care Givers to connect with each other, arrange care, and share advice. Our Services include:
- Enabling Care Seekers to post jobs and Care Givers to post profiles on the Site.
- Providing search tools to help Care Seekers find Care Givers that meet their needs.
- Providing tools and information to help users make informed decisions, including our safety centre.
1.2. Limitations of Our Services
We are a marketplace only. We do not employ Care Givers nor are we an employment or recruitment agency. We do not provide referral services. We are not a party to any agreement between Care Givers and Care Seekers.
Care Seekers are solely responsible for compliance with all applicable laws in connection with any relationship they establish with a Care Giver, including but not limited to: Ontario Employment Standards Act, Occupational Health and Safety Act (OHSA), Workplace Safety and Insurance Act (WSIB), human rights legislation, and any other applicable employment, labour, or tax laws. Relief Care Inc. assumes no responsibility for Care Seeker compliance with these obligations.
Except as described in these Terms, we do not verify, screen, or perform background checks on Care Givers or Care Seekers nor verify content posted to the Site.
ALGORITHMIC MATCHING DISCLAIMER: Search results, recommendations, and matches are generated through automated processes for informational purposes only. They do not constitute endorsements or verification of any Care Giver’s qualifications, character, or suitability. You are solely responsible for evaluating, interviewing, verifying credentials, and selecting any Care Giver.
There are risks, including physical harm, when dealing with people you connect with through our Site. You assume all risks associated with such dealings.
RELIEFCARE.COM IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE SITE OR SERVICES AND DISCLAIMS ANY LIABILITY FOR USE OF INFORMATION PROVIDED ON OUR SITE.
1.3. User Responsibilities
You are solely responsible for interviewing, performing reference checks on, verifying information provided by, and selecting an appropriate Care Giver or Care Seeker. Do not rely on any limited screening we may perform as complete, accurate, or conclusive.
2. ELIGIBILITY; REPRESENTATIONS AND WARRANTIES
To use our Services, you must meet ALL of the following criteria:
- You must be 18 years of age or older with capacity to form legally binding contracts.
- You must be located in the Province of Ontario, Canada. Services are NOT available in Quebec or other provinces.
- If you are a Care Seeker, you must be a citizen or legal resident of Canada or hold a valid Canadian visa.
- If you are a Care Giver, you must be legally entitled to work in Canada. IF NOT, DO NOT REGISTER.
By using the Site or Services, you represent and warrant that you: (i) have never been subject to any legal action involving violence, abuse, neglect, theft, fraud, or endangering others, (ii) have never been convicted of any offense involving dishonesty, negligence, or drugs, and (iii) are not required to register as a sex offender.
3. INDEPENDENT CONTRACTOR AND INSURANCE
3.1. Independent Contractor Status (Care Givers)
BY REGISTERING AS A CARE GIVER, YOU ACKNOWLEDGE AND AGREE:
- You are an independent contractor, not an employee of Relief Care Inc. or any Care Seeker.
- Relief Care Inc. does not control how you perform care services. You determine your own schedule, rates, and methods.
- You are solely responsible for all federal and provincial income taxes, CPP, EI (if applicable), and GST/HST (if applicable).
- Relief Care Inc. does not withhold taxes and will not issue T4 or T4A slips.
- You are responsible for obtaining and maintaining any required professional licenses and certifications.
- You agree to indemnify Relief Care Inc. from any claims asserting you are an employee or from failure to comply with tax/licensing obligations.
3.2. Insurance
Care Givers are strongly encouraged to maintain appropriate insurance coverage, including:
- Professional Liability Insurance (Errors & Omissions): Minimum $1,000,000 CAD per occurrence for Care Givers providing regulated healthcare services (nursing, personal support work, etc.).
- General Liability Insurance: Minimum $1,000,000 CAD per occurrence covering bodily injury and property damage.
- Auto Insurance: If you use your vehicle in connection with providing care services, your policy should cover commercial or business use.
Relief Care Inc. reserves the right, but has no obligation, to request proof of insurance at any time and to suspend or terminate accounts that fail to provide proof upon request.
IMPORTANT: Relief Care Inc. does not verify, monitor, or guarantee that any Care Giver maintains insurance coverage. You acknowledge that some Care Givers on the platform may be uninsured or underinsured.
ASSUMPTION OF RISK AND INDEMNIFICATION: By providing care services through the platform without adequate insurance coverage, you assume all risks and agree to indemnify, defend, and hold harmless Relief Care Inc. from any and all claims, losses, damages, liabilities, and expenses (including legal fees) arising from your provision of care services. This indemnification obligation applies regardless of whether Relief Care Inc. requested or verified your insurance status.
Business Care Seekers are responsible for maintaining appropriate workers’ compensation coverage (WSIB in Ontario) and any other insurance required under applicable employment standards and occupational health and safety legislation.
4. RULES FOR USER CONDUCT
4.1. Registration and Content
You agree to provide accurate, current, and complete information. You will register in your own legal name. You are solely responsible for any Content you post.
4.2. Prohibited Uses
You agree you will NOT:
- Use the Site for any unlawful purpose or promotion of illegal activities;
- Harass, abuse, or harm another person or group;
- Use another user’s account without permission;
- Provide false or inaccurate information;
- Re-register after account termination;
- Transmit personal health information (PHI) through the platform;
- Request or make payments outside Relief Care (cash, e-transfer, gift cards, crypto);
- Interfere with the proper functioning of the Services;
- Use automated systems to scrape, spider, or crawl the Site or harvest data;
- Use contacts made on the Site for unrelated commercial solicitation;
- Post malicious content or links;
- Post fake, manipulated, or misleading reviews or ratings;
- Circumvent security features or access restrictions.
5. CONTENT MODERATION AND ENFORCEMENT
Reliefcare.com has NO obligation to monitor, review, edit, or remove any Content. However, we reserve the right, in our sole discretion, to:
- Review, edit, refuse to post, or remove any Content that violates these Terms or is objectionable, without notice;
- Monitor and disclose Content as necessary for legal compliance or user safety;
- Suspend, restrict, or terminate any user’s access, with or without notice, for any or no reason;
- Block users from certain IP addresses;
- Retain or delete Content at our discretion.
RELIEFCARE.COM DOES NOT ENDORSE ANY STATEMENT OR REVIEW MADE BY ANY USER. We are not required to verify or remove reviews about you. You may post one rebuttal if you disagree with a review.
6. VERIFICATION CHECKS
YOU AGREE TO ALLOW RELIEFCARE.COM TO PERFORM VERIFICATION CHECKS.
We may use third parties to perform verification checks including: identity verification (name, address, date of birth), email and phone verification, professional credential validation, and reference checks.
We have NO obligation to perform verification checks. Any checks performed are limited and should not be relied upon as complete, accurate, or conclusive.
IF YOU DO NOT WANT VERIFICATION CHECKS PERFORMED, DO NOT USE RELIEFCARE.COM.
7. TERMINATION
We may, at our sole discretion, immediately terminate your access to the Site or Services, remove your profile and Content, and/or terminate your registration, for any reason or no reason, with or without notice.
Following termination, we may notify other Registered Users with whom you have corresponded.
8. PRIVACY
Reliefcare.com will use your information only in accordance with our Privacy Policy, incorporated herein by reference.
9. LINKS TO EXTERNAL SITES
Links to external sites or advertisements do not constitute endorsements. We are not responsible for third-party sites or content.
10. PAYMENT AND REFUND POLICY
Payment terms, subscription plans, fees, and refund policies are as described on the Site at the time of purchase. Reliefcare.com does not generally provide refunds but may issue them at its sole discretion.
11. RELEASE OF LIABILITY
We are not an employer of Care Givers. Any agreement between Care Seekers and Care Givers is solely between them. Any issues regarding services or payment must be resolved directly between the parties.
Reliefcare.com disclaims any liability for claims arising from user disputes. You agree to indemnify and hold Reliefcare.com harmless for any claim arising from disputes with other users.
12. AGE RESTRICTIONS
The Site and Services are for individuals 18 or over only. We do not knowingly collect information from individuals under 18.
13. DISCLAIMERS; LIMITATIONS; INDEMNIFICATION
13.1. No Warranty
The Site and Services are provided “AS IS” and “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RELIEFCARE.COM MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
13.2. Assumption of Risk
YOU ASSUME ALL RISKS AND DANGERS associated with using the Site and Services, including risks of physical harm, mental distress, and theft when dealing with other users.
13.3. Limitation of Liability
Nothing in these Terms excludes liability for fraudulent misrepresentation, death or personal injury caused by negligence, gross negligence, willful misconduct, or liability that cannot be excluded by law.
IN ALL OTHER CASES: Reliefcare.com will not be liable for any indirect, incidental, special, consequential, or punitive damages.
MAXIMUM LIABILITY: In no event will Reliefcare.com’s aggregate liability exceed the GREATER of: (a) total fees paid by you in the 12 months preceding the claim, or (b) ONE HUNDRED CANADIAN DOLLARS ($100.00 CAD).
13.4. Indemnification
You agree to indemnify, defend, and hold harmless Reliefcare.com from any claims, losses, or liabilities arising from:
- Content you submit or transmit through the Site;
- Your violation of these Terms or applicable law;
- Claims arising from your provision of care services or engagement of a Care Giver;
- Any assertion that you are an employee of Relief Care Inc.;
- Your failure to comply with tax, licensing, or employment standards obligations.
14. DISPUTE RESOLUTION AND ARBITRATION
14.1. Governing Law and Service Territory
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada. The Services are offered exclusively in Ontario. Services are NOT offered in Quebec or other provinces.
14.2. Consumer Care Seekers (Individuals)
If you are an individual using Services primarily for personal, family, or household purposes (a “Consumer”), disputes shall be resolved in Ontario courts. Nothing limits rights under the Consumer Protection Act, 2002 (Ontario).
14.3. Business Care Seekers and Care Givers — Mandatory Arbitration
IMPORTANT: THIS AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
If you are a Business Care Seeker (facility, clinic, corporation, etc.) or a Care Giver, you agree that any dispute shall be resolved exclusively through binding arbitration:
- Administered by the ADR Institute of Canada under its Arbitration Rules;
- Held in Toronto, Ontario, Canada;
- Conducted in English;
- The arbitrator’s decision is final and binding;
- Relief Care Inc. pays filing fees for claims under $10,000 CAD.
14.4. Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST RELIEF CARE INC. Disputes will be conducted only on an individual basis. This waiver does not apply to Consumer Care Seekers where prohibited by law.
14.5. Exceptions
Either party may seek injunctive relief in court to prevent infringement of intellectual property rights or confidentiality obligations.
15. FORCE MAJEURE
Relief Care Inc. is not liable for failure or delay in performing obligations due to circumstances beyond its reasonable control, including: acts of God, natural disasters, pandemics, war, terrorism, government actions, labor disputes, power failures, internet failures, cyberattacks, or third-party service provider failures.
16. DIGITAL PLATFORM WORKERS RIGHTS
In compliance with Ontario’s Digital Platform Workers’ Rights Act, 2022, Care Givers are entitled to:
- Information about how pay is calculated and factors affecting work assignments;
- Recurring pay periods as disclosed in your account settings;
- Pay statements (provided through transaction records and invoices in your account and via our payment processor) showing gross earnings, platform fees, and net pay for each pay period;
- Tips and gratuities paid through the platform belong to you — we do not withhold or redistribute tips;
- Written notice with reasons if your platform access is removed or significantly restricted (except where immediate removal is necessary for safety or legal compliance);
- Protection from reprisal for exercising your rights under the DPWRA or making inquiries about your rights.
Your earnings history, payout records, and transaction-level invoices are available in your account dashboard and serve as your pay statements for tax and record-keeping purposes.
17. MISCELLANEOUS
Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Relief Care Inc. The invalidity of any provision does not affect the validity of other provisions. These Terms constitute the entire agreement between you and Relief Care Inc.
18. CONTACT INFORMATION
Questions about these Terms may be directed to:
Relief Care Inc.
5171 Yonge Street 2nd floor
North York, ON M2N 5P5, Canada
Email: support@reliefcare.com
