RELIEF CARE INC.

Terms of Use

Effective Date: June 23, 2026  ·  Last Updated: June 23, 2026

PLEASE READ THESE TERMS CAREFULLY. THEY GOVERN YOUR USE OF THE SITE AND SERVICES, INCLUDE A BINDING ARBITRATION AGREEMENT FOR BUSINESS CARE SEEKERS, INCLUDE A LIMITED PAYMENT AGENCY STRUCTURE, AND CONTAIN OTHER IMPORTANT PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.

These Terms of Use (the “Terms”) set forth the terms and conditions under which individuals and entities located in the Province of Ontario, Canada may use the reliefcare.com website, mobile applications, and related services (collectively, the “Site” and the “Services”).

SERVICE TERRITORY: The Services are currently available only in the Province of Ontario, Canada. The Services are NOT available in Quebec or any other Canadian province or territory at this time. Relief Care reserves the right to refuse service, cancel bookings, or restrict accounts if a user is determined to be outside the supported service territory.

By using the Site or Services, you represent, warrant, understand, and agree to these Terms in their entirety. These Terms incorporate by reference the Relief Care Privacy Policy, the Cancellation Policy, the Safety & Trust Policy, and (for institutional Care Seekers) the Facility Customer Addendum, each as amended from time to time and posted on the Site. If you object to these Terms or to any policy incorporated by reference, do not use the Site or Services.

These Terms are subject to change. We will notify you of significant changes by email or prominent notice on the Site. Significant changes take effect 30 days after notice. Non-material changes take effect immediately upon posting.

1. Description of Services; User Roles; Two-Contract Structure

1.1 About Our Services

Relief Care operates an online marketplace and payment infrastructure through which individuals and businesses (“Care Seekers”) can connect with healthcare workers, including Personal Support Workers, Registered Nurses, Registered Practical Nurses, and other healthcare professionals (“Care Givers”), arrange care services, and pay for those services. Relief Care provides the Site, search and matching tools, scheduling tools, communication tools, payment collection and disbursement infrastructure, and related Services.

1.2 Role of Relief Care; Bounded Operational Control

Relief Care is a marketplace and payment infrastructure provider. Relief Care:

• does not direct the manner in which care services are performed by Care Givers;
• does not supervise the delivery of care services;
• does not provide clinical direction or clinical oversight to Care Givers;
• is not the employer of any Care Giver;
• is not a Health Information Custodian, Electronic Service Provider, or Health Information Network Provider under Ontario’s Personal Health Information Protection Act, 2004; and
• is not a healthcare provider, nursing agency, employment agency, recruitment agency, or referral service.

Relief Care does, however, set and enforce marketplace rules, eligibility standards, payment processes, cancellation rules, reliability standards, and safety standards that are necessary to operate a trusted marketplace. These functions are administered to maintain platform integrity and are not direction or supervision of the manner in which any Care Giver performs care services for any Care Seeker.

1.3 Two-Contract Structure

Every booking made through the Services involves two distinct contracts:

(a) Platform Services Agreement — between Relief Care and each user (Care Seeker or Care Giver). Governed by these Terms. Covers use of the Site, payment processing, search and matching, communication tools, and other Services that Relief Care provides directly.

(b) Care Services Agreement — between the Care Seeker and the Care Giver, for the actual care services. Relief Care is not a party to the Care Services Agreement. The Care Services Agreement is formed when the Care Seeker hires a Care Giver who has applied to a job posting through the Services. The terms of the Care Services Agreement include the booking details (start time, duration, location, hourly rate, scope of services) as stated in the posting at the time of hire, and any additional terms agreed between the Care Seeker and the Care Giver.

The classification of the relationship in the Care Services Agreement (independent contractor, employee, or otherwise) is determined by the facts of that engagement, including the degree of control exercised by the Care Seeker. Relief Care does not determine that classification. Relief Care’s role under the Platform Services Agreement does not create an employment relationship between Relief Care and any Care Giver, regardless of the classification of the Care Services Agreement.

1.4 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;
• the manner in which care services are arranged, performed, and concluded;
• compliance with all applicable laws (employment, occupational health and safety, human rights, privacy, professional regulation, tax, immigration); and
• any decisions made on the basis of information available through the Services.

You must not rely on any limited verification Relief Care may perform, or on any information displayed through the Services, as complete, accurate, or conclusive.

1.5 Negligent Referral Disclaimer; Acknowledgment

AFFIRMATIVE ACKNOWLEDGMENT: By using the Services to engage or be engaged for care services, you acknowledge that:

(a) Relief Care does not guarantee the suitability, character, qualifications, or fitness of any Care Giver or Care Seeker;

(b) Relief Care has not vouched for or endorsed any specific Care Giver or Care Seeker, regardless of any badges, ratings, scores, verification confirmations, or rankings displayed through the Services;

(c) the selection of a Care Giver is the Care Seeker’s independent decision, made on the basis of the Care Seeker’s own due diligence;

(d) any harm, loss, damage, theft, abuse, neglect, professional misconduct, breach of confidentiality, or other adverse event arising from a Care Giver’s conduct during a shift, or a Care Seeker’s conduct in connection with a shift, is not the responsibility of Relief Care except to the extent of liability that cannot be excluded or limited by law (see Section 13.3), including death or personal injury caused by Relief Care’s own negligence, and Relief Care’s own gross negligence or willful misconduct; and

(e) Relief Care’s role in matching, ranking, or facilitating any engagement does not constitute a referral, endorsement, or guarantee of any kind.

1.6 Vulnerable Sector Checks

Many care arrangements facilitated through Relief Care involve work with vulnerable persons. Vulnerable Sector Check (“VSC”) requirements are governed by the federal Criminal Records Act, R.S.C. 1985, c. C-47, the Police Record Checks Reform Act, 2015 (Ontario), and sector-specific legislation including the Fixing Long-Term Care Act, 2021 (s. 81; O. Reg. 246/22 s. 252) and the Retirement Homes Act, 2010 (s. 64; O. Reg. 166/11 s. 13).

Care Seekers are responsible for determining whether a VSC is required for their specific engagement and, if so, for obtaining or verifying the VSC for that engagement. Institutional Care Seekers (long-term care homes, retirement homes, hospitals, clinics) bear primary statutory responsibility for VSC verification of personnel they engage.

Care Givers represent and warrant that any VSC status displayed in their profile is accurate and current. Where a Care Giver has provided a VSC to Relief Care, Relief Care may display a status confirmation (e.g., “VSC confirmed within last six months for personal care work”) on the Care Giver’s profile, but Relief Care does not redistribute the underlying VSC document. Care Seekers acknowledge that under federal Criminal Records Act s. 6.3(8), a VSC obtained for one position assessment may not be lawfully re-used or re-communicated for a different position assessment, and that each engagement may legally require a fresh VSC request initiated by the Care Seeker.

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.
• 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 you are a Care Giver providing regulated healthcare services (such as nursing services), you must hold all licenses, registrations, and certifications required by Ontario law and the regulatory body governing your profession (such as the College of Nurses of Ontario), in good standing.

By using the Site or Services, you represent and warrant that you:

• have never been subject to any legal action involving violence, abuse, neglect, theft, fraud, or endangerment of others;
• have never been convicted of any offence involving dishonesty, negligence, controlled substances, or violence;
• are not required to register as a sex offender or subject to any equivalent registration requirement;
• have disclosed to Relief Care any matter that would render the foregoing untrue prior to using the Services.

3. Care Giver Independent Contractor Status; Scope of Practice; Insurance

3.1 Independent Contractor Relationship with Relief Care

For the purposes of the Platform Services Agreement, a Care Giver who registers with Relief Care does so as an independent contractor and not as an employee of Relief Care. The classification of the Care Giver in any Care Services Agreement with a Care Seeker is determined by the facts of that engagement, and Relief Care does not determine that classification.

By registering as a Care Giver, you acknowledge and agree that:

• You are an independent contractor in your relationship with Relief Care, and you are not an employee of Relief Care.
• Relief Care does not control how you perform care services. You determine your own methods of performing services and your own availability. You choose whether to apply for engagements at the rate posted by the Care Seeker; Relief Care does not set or cap rates (it may display informational market ranges only), does not require you to accept any posting, and does not penalize you for declining or not applying.
• You are solely responsible for all federal and provincial income taxes, Canada Pension Plan contributions, Employment Insurance premiums (where applicable), and Goods and Services Tax / Harmonized Sales Tax (where applicable) on amounts paid to you.
• Relief Care does not withhold income taxes from amounts paid to you and does not issue T4 slips. Relief Care may be required to issue tax-information statements for income tax purposes (including under Income Tax Act Part XX, in force January 1, 2024) and you consent to the issuance and filing of such statements with the Canada Revenue Agency.
• You are solely responsible for obtaining and maintaining professional licenses, registrations, and certifications required for your work, and for complying with all applicable rules of conduct of any regulatory body governing your profession.
• You agree to indemnify Relief Care from any claims asserting that you are an employee of Relief Care, or arising from your failure to comply with tax, regulatory, or licensing obligations.

3.2 Scope of Practice

Care Givers represent, warrant, and covenant that they will perform care services only within their lawful and licensed scope of practice. Without limiting the foregoing:

• Personal Support Workers must not perform controlled acts (including the administration of medication) except under proper delegation and supervision in accordance with the Regulated Health Professions Act, 1991 and applicable scope-of-practice rules.
• Regulated healthcare professionals (including Registered Nurses and Registered Practical Nurses) must comply with all applicable scope-of-practice rules, professional standards, and ethical obligations of their regulatory body.
• Care Givers must not perform services for which they are not qualified, regardless of any request by a Care Seeker.

Care Seekers must not request, encourage, or permit a Care Giver to perform services outside of the Care Giver’s scope of practice.

3.3 Mandatory Reporting

Care Givers acknowledge they may be subject to mandatory reporting obligations under Ontario law, including under the Child, Youth and Family Services Act, 2017, the Fixing Long-Term Care Act, 2021, the Retirement Homes Act, 2010, and the rules of their regulatory bodies. Care Givers remain solely responsible for complying with their mandatory reporting obligations. Relief Care does not assume those obligations and will not interfere with the proper performance of those obligations.

3.4 Incident Reporting

If a serious incident occurs in connection with care services arranged through the Services — including injury, illness, alleged abuse, theft, property damage, allegations of professional misconduct, or conduct that may pose a risk to others on the platform — you must (a) take any steps required by law (including contacting emergency services if appropriate), and (b) report the incident to Relief Care through the in-app reporting flow or by emailing support@reliefcare.com as soon as reasonably possible. Relief Care may, but is not obligated to, investigate, document, or take action in response to any reported incident.

3.5 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 and recommended for personal support work;
• General Liability Insurance: minimum $1,000,000 CAD per occurrence covering bodily injury and property damage; and
• Auto Insurance with appropriate commercial or business-use endorsement if you use a vehicle in connection with providing care services.

Relief Care 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. Relief Care 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.

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 from any and all claims arising from your provision of care services, regardless of whether Relief Care requested or verified your insurance status.

Business Care Seekers are responsible for maintaining workers’ compensation coverage (WSIB where applicable) and other insurance required under applicable employment standards and occupational health and safety legislation. See the Facility Customer Addendum.

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 (“Content”).

4.2 Prohibited Uses

You agree that you will NOT:

• use the Services for any unlawful purpose or to promote illegal activity;
• harass, abuse, threaten, defame, stalk, or harm another person or group;
• discriminate against any user on grounds prohibited by the Ontario Human Rights Code, except where (i) the requestor is an individual Care Seeker exercising the exemption under s. 24(1)(c) of the Human Rights Code in respect of intimate personal care, or (ii) a bona fide occupational requirement defence is available under s. 11 / s. 24 of the Human Rights Code (see Section 4.4 below);
• use another user’s account without permission;
• provide false or misleading information, including fabricated credentials, references, or identification documents;
• re-register after account termination without our express written consent;
• transmit Personal Health Information through the platform (see Privacy Policy Section 4 and the Facility Customer Addendum);
• request or make payments outside of Relief Care (cash, e-transfer, gift cards, cryptocurrency, or any other off-platform method);
• circumvent the platform fee, contact users for the purpose of arranging off-platform engagements, or solicit users to leave the platform;
• interfere with the proper functioning of the Services;
• use automated systems to access the Site or harvest data;
• use contacts made on the Site for unrelated commercial solicitation;
• post malicious content or links;
• post fake, manipulated, coerced, or misleading reviews or ratings;
• circumvent security features or access restrictions.

4.3 Anti-Discrimination — General

Both Care Seekers and Care Givers must comply with the Ontario Human Rights Code, R.S.O. 1990, c. H.19. Relief Care reserves the right to remove Content, suspend accounts, or terminate registrations of users who, in our reasonable judgment, engage in discriminatory conduct.

4.4 Matching Preferences and Anti-Discrimination Constraints

Relief Care does not offer automated matching filters based on grounds protected under the Ontario Human Rights Code. Matching operates on objective criteria only (profession, specialty, service area, and availability). Where a Care Seeker expresses a preference that engages a protected ground (including, in particular, gender, gender identity, gender expression, race, ancestry, place of origin, ethnic origin, citizenship, creed, sexual orientation, age, marital status, family status, or disability) — whether in the content of a job posting, in communications through the Services, or in a request to Relief Care support — Relief Care will permit the preference to stand only where:

(a) the Care Seeker is an individual person and the engagement involves the primary duty of attending to the medical or personal needs of the person, or of an ill child or aged, infirm, or ill spouse, same-sex partner, or other relative — within the exemption in s. 24(1)(c) of the Human Rights Code; or

(b) the preference satisfies the test for a bona fide occupational requirement under s. 11 / s. 24 of the Human Rights Code, as articulated in BCGSEU v. Meiorin, [1999] 3 SCR 3 — meaning the standard is rationally connected to the performance of the engagement, was adopted in good faith, and is reasonably necessary, with accommodation to the point of undue hardship.

Relief Care reserves the right to remove or require amendment of any posting, to refuse, override, or seek further information regarding any such preference, and to terminate accounts of users who attempt to use the Services to engage in unlawful discrimination. Relief Care’s review of any such preference, and the outcome of that review, is recorded in Relief Care’s administrative records, and the Care Seeker may be informed of the outcome with a brief explanation.

4.5 Fraudulent Postings

Job postings on the Services are made by Care Seekers for care engagements under Care Services Agreements and are visible to registered Care Givers. Relief Care maintains a written policy addressing fraudulent, misleading, or deceptive postings, available through the Help section of the Services. Any user may report a posting they believe to be fraudulent or misleading through the in-app support flow or by emailing support@reliefcare.com. Relief Care reviews reports and may remove postings, and may suspend or terminate the accounts responsible, in accordance with Section 5.

5. Content Moderation; Account Standing; Deactivation

5.1 Content Moderation

Relief Care has no obligation to monitor, review, edit, or remove any Content. We reserve the right, in our sole discretion, to:

• review, edit, refuse to post, or remove any Content that violates these Terms or that we consider objectionable, without notice;
• monitor and disclose Content as necessary for legal compliance or user safety;
• block users from certain IP addresses, devices, or locations; and
• retain or delete Content at our discretion.

5.2 Reviews

Reviews and ratings posted by users are user-generated Content. Relief Care does not endorse any review and does not warrant the accuracy of any review.

• Reviews must be based on the reviewer’s actual experience and must not be fabricated, manipulated, or solicited in exchange for consideration.
• Reviews must not contain unlawful, defamatory, harassing, threatening, obscene, or discriminatory content, and must not disclose Personal Health Information.
• By posting a review, you grant Relief Care a non-exclusive, worldwide, royalty-free, perpetual, transferable license to host, display, reproduce, distribute, modify, and use the review in connection with the Services and our business.
• We may remove reviews that we reasonably believe violate these Terms or are subject to a credible defamation complaint, but we are not obligated to do so.
• If you believe a review about you is defamatory or false, you may submit a takedown request to support@reliefcare.com with details and reasons. We will review the request in good faith but make no guarantee of removal.

5.3 Deactivation: Notice, Reasons, and Voluntary Internal Review

Relief Care may suspend, restrict, or terminate any user’s access to the Services. The following procedural commitments apply, except where excluded by Section 5.4 below:

(a) Written notice with reasons. Relief Care will provide written notice of any suspension, restriction, or termination of platform access, with reasons sufficient to allow the user to understand the basis for the action.

(b) 14 days’ notice for non-urgent removals. Where the suspension or termination is for a continuous period of 24 hours or longer and is not based on a Section 5.4 ground, Relief Care will provide 14 days’ written notice before the action takes effect.

(c) Voluntary internal review. A user whose access has been suspended or terminated may request internal review by writing to support@reliefcare.com within 30 days of the notice. Relief Care will conduct the internal review in good faith and respond within a reasonable period. The internal review process is voluntary and does not create any contractual right of reinstatement.

5.4 Carve-Outs Where Notice Is Not Required

Relief Care may suspend or terminate access immediately, without prior notice, where in Relief Care’s reasonable judgment any of the following applies:

• the user has engaged in willful misconduct that is not trivial and has not been condoned by Relief Care;
• the Care Giver’s professional license, registration, or certification has been suspended, revoked, restricted, or has lapsed (e.g., College of Nurses of Ontario action);
• the Care Giver no longer has a current Vulnerable Sector Check where one is required for active engagements;
• a regulatory body or court has issued an order restricting the user from providing or receiving care services;
• Relief Care has received a credible report of conduct that poses a risk to the safety, health, or wellbeing of another user, a patient, or a member of the public;
• the user has repeatedly failed to honour confirmed bookings (no-shows or cancellations within the windows defined in the Cancellation Policy, on more than one occasion within the rolling 90-day period described in that Policy) and, in Relief Care’s reasonable judgment, documented in the written reasons provided, continued access during a notice period would present an unacceptable risk to the continuity or reliability of care for Care Seekers or the individuals receiving care;
• the user is required by law to be removed from the platform; or
• such other circumstances as may reasonably be considered analogous to the foregoing.

Where access is removed under this Section 5.4, Relief Care will still provide written reasons as soon as reasonably practicable, and the voluntary internal review in Section 5.3(c) remains available.

6. Verification Checks

By using the Services, you agree that Relief Care may perform limited verification checks. Relief Care may use third parties to perform such checks. Verification checks may include, depending on the Services offered at any given time: identity verification (name, address, date of birth), email and phone verification, professional credential and license validation, regulatory body register lookups (such as the College of Nurses of Ontario public register), Vulnerable Sector Check status confirmation, and reference checks.

Verification checks performed by Relief Care are LIMITED and NON-EXHAUSTIVE. Relief Care does not guarantee the accuracy, completeness, or currency of any verification result. Verification checks must not be relied on as a substitute for independent verification by the Care Seeker. If you do not consent to verification checks, do not use the Services.

7. Termination

These Terms continue until terminated by either party. You may terminate your account at any time by following the in-app account closure process or by contacting support@reliefcare.com. Relief Care may terminate your account in accordance with Section 5 (Content Moderation; Deactivation). Following termination, Relief Care may notify other Registered Users with whom you have corresponded.

8. Privacy

Relief Care will use your information only in accordance with our Privacy Policy, which is incorporated into these Terms 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. Payments, Limited Payment Agency, Cancellations

10.1 Limited Payment Collection Agent

Each Care Giver hereby appoints Relief Care as the Care Giver’s limited payment collection agent, solely for the limited purpose of accepting and processing funds from Care Seekers on the Care Giver’s behalf, in connection with bookings made through the Services. By accepting these Terms, the Care Giver authorizes Relief Care to:

• collect funds from the Care Seeker for amounts payable to the Care Giver under the applicable Care Services Agreement;
• hold those funds on behalf of the Care Giver pending release in accordance with the booking flow and the Cancellation Policy;
• release those funds to the Care Giver, by transfer through Relief Care’s payment processor, after the booking is completed and confirmed in the platform; and
• deduct, set off, or refund amounts in accordance with the Cancellation Policy and these Terms.

Payment by a Care Seeker to Relief Care, in respect of amounts payable to the Care Giver, extinguishes the Care Seeker’s payment obligation to the Care Giver to the extent of that payment. Relief Care does not have any duties or obligations as agent for any Care Giver except to the extent expressly set forth in these Terms; any additional duties or obligations as may be implied by law are expressly excluded.

Funds collected at the time a job is posted, before a Care Giver has been hired, are held by Relief Care on the Care Seeker’s behalf for the pending care engagement and are fully refundable to the Care Seeker if no Care Giver is hired. Upon hire, the care portion of those funds is held on behalf of the hired Care Giver under the appointment above, pending release in accordance with the booking flow and the Cancellation Policy.

Relief Care’s platform fee is a separate supply made by Relief Care to the Care Seeker (or, where applicable per the booking flow, to the Care Giver). The platform fee is not part of the consideration for the underlying care services and may be subject to GST/HST as a separate supply regardless of the tax treatment of the underlying care services.

10.2 Cancellations and Refunds

Refunds, cancellation fees, no-show fees, reliability concern records, and replacement notifications are governed by the Cancellation Policy, which is incorporated into these Terms by reference. To the extent of any conflict between these Terms and the Cancellation Policy on cancellations or refunds, the Cancellation Policy controls.

Care Seekers and Care Givers must not request or make payments outside of the platform. Off-platform payment requests should be reported to Relief Care.

10.3 Taxes

Applicable taxes (including Ontario HST at the prescribed rate) will be calculated and added to amounts charged through the Services in accordance with applicable law. Care Givers are responsible for their own income tax, CPP, and (if registered or required to be registered) GST/HST obligations on amounts received through the Services. Relief Care may be required to collect tax information and file tax-information returns under Income Tax Act Part XX (digital platform reporting) or other applicable law.

11. Release of Liability Among Users

Any agreement between a Care Seeker and a Care Giver — including the Care Services Agreement — is solely between them. Any issue regarding services performed, the quality of those services, payment, conduct, or any other matter arising directly between users must be resolved directly between the parties involved, without prejudice to Relief Care’s rights and protections under these Terms. Relief Care disclaims any liability for claims arising from user disputes.

12. Age Restrictions

The Site and Services are intended for individuals 18 years of age or older only. We do not knowingly collect information from individuals under 18.

13. Disclaimers; Limitations of Liability; Indemnification

13.1 No Warranty

THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, RELIEF CARE 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, financial loss, and theft when dealing with other users.

13.3 Limitation of Liability

Nothing in these Terms excludes or limits liability for fraudulent misrepresentation, death or personal injury caused by negligence, gross negligence, willful misconduct, or any other liability that cannot be excluded or limited by law (including any non-waivable rights under the Consumer Protection Act, 2002, S.O. 2002, c. 30, Sched. A).

IN ALL OTHER CASES, RELIEF CARE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOST REVENUE, OR LOSS OF DATA.

MAXIMUM LIABILITY: SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL RELIEF CARE’S AGGREGATE LIABILITY TO YOU UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, OR THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO RELIEF CARE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS ($100.00 CAD).

13.4 Time Limitation on Claims

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES. THIS PROVISION DOES NOT APPLY TO CONSUMER CARE SEEKERS WHERE PROHIBITED BY THE CONSUMER PROTECTION ACT, 2002 OR OTHER APPLICABLE LAW.

13.5 Indemnification by Care Givers

Each Care Giver agrees to indemnify, defend, and hold harmless Relief Care, its affiliates, and their respective officers, directors, employees, contractors, and agents from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

• Content the Care Giver submits or transmits through the Services;
• the Care Giver’s provision of care services to any Care Seeker;
• the Care Giver’s violation of these Terms or any policy incorporated by reference;
• the Care Giver’s violation of any applicable law, regulation, or right of any third party (including, without limitation, scope-of-practice rules, professional regulatory rules, mandatory reporting obligations, and tax obligations);
• any assertion that the Care Giver is an employee of Relief Care; and
• the Care Giver’s transmission of Personal Health Information in violation of these Terms or the Privacy Policy.

13.6 Indemnification by Care Seekers

Each Care Seeker agrees to indemnify, defend, and hold harmless Relief Care, its affiliates, and their respective officers, directors, employees, contractors, and agents from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

• the Care Seeker’s selection of a Care Giver and the manner in which care services are arranged and performed;
• the Care Seeker’s conduct during a shift, including the health and safety conditions at the place of care;
• any allegation that the Care Giver became the employee of the Care Seeker as a result of the Care Seeker’s exercise of control over the engagement, or any other claim arising from the Care Services Agreement;
• any failure of the Care Seeker to comply with applicable law (including employment, occupational health and safety, human rights, privacy, professional regulatory, and tax law);
• the Care Seeker’s failure to obtain or verify a Vulnerable Sector Check or other background check where required for the engagement; and
• the Care Seeker’s transmission of Personal Health Information in violation of these Terms or the Privacy Policy.

13.7 Recovery of Losses Caused by Fraud or Misuse

If you provide false information, use forged credentials, impersonate another person, or engage in fraudulent or unlawful activity through the Services, you agree to reimburse Relief Care for any losses, damages, fees, fines, refunds, chargebacks, or expenses (including reasonable legal fees and costs of investigation) incurred by Relief Care or by other users as a result of your conduct.

14. Dispute Resolution

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 applicable in Ontario, without regard to conflict-of-laws principles. The Services are offered exclusively in Ontario.

14.2 Informal Dispute Resolution (Required First Step)

Before filing a lawsuit or commencing arbitration, you agree to first attempt to resolve the dispute informally by sending a written “Notice of Dispute” to support@reliefcare.com that describes (a) the nature and basis of the claim, (b) the relief sought, and (c) your contact information. We will attempt in good faith to resolve the dispute within 30 days of receiving your Notice of Dispute. If the dispute is not resolved within that period, either party may proceed with formal dispute resolution as set out below.

14.3 Consumer Care Seekers (Individuals)

If you are an individual using the Services primarily for personal, family, or household purposes (a “Consumer”), disputes that are not resolved through Section 14.2 shall be resolved in the courts of the Province of Ontario, which shall have exclusive jurisdiction. Nothing in these Terms limits any rights you have under the Consumer Protection Act, 2002 (Ontario) that cannot be waived by contract (see s. 7 of that Act).

14.4 Business Care Seekers — Mandatory Arbitration

IMPORTANT: THIS PROVISION AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A CLAIM IN COURT.

If you are a Business Care Seeker (such as a long-term care home, retirement home, hospital, clinic, or other entity using the Services for business or professional purposes), any dispute arising out of or relating to these Terms, the Site, or the Services that has not been resolved through Section 14.2 shall be resolved exclusively through final and binding arbitration:

• administered by the ADR Institute of Canada under its Arbitration Rules in effect at the time arbitration is commenced;
• held in Toronto, Ontario, Canada;
• conducted in English before a single arbitrator;
• with the arbitrator’s decision being final and binding; and
• with Relief Care paying the filing fees for claims with an amount in dispute under $10,000 CAD.

14.5 Care Givers — Dispute Resolution

If you are a Care Giver, disputes that are not resolved through Section 14.2 may be brought:

• for any matter falling within the jurisdiction of the Ontario Labour Relations Board, the Ministry of Labour, or any other administrative tribunal with statutory jurisdiction, before the relevant tribunal in accordance with applicable statutes;
• for any matter alleging classification of the Care Giver as an employee of Relief Care or any related statutory claim, before the appropriate court or tribunal of competent jurisdiction (without prejudice to the position that no employment relationship exists); and
• for all other matters, in the courts of the Province of Ontario, which shall have exclusive jurisdiction.

Care Givers are NOT required to arbitrate disputes with Relief Care. This is a deliberate drafting choice to ensure compliance with the principles articulated in Uber Technologies Inc. v. Heller, 2020 SCC 16.

14.6 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING AGAINST RELIEF CARE. DISPUTES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. THIS WAIVER DOES NOT APPLY (A) TO CONSUMER CARE SEEKERS WHERE PROHIBITED BY THE CONSUMER PROTECTION ACT, 2002 (ONTARIO) S. 8, AND (B) TO ANY CLAIM WHERE THE WAIVER WOULD BE UNCONSCIONABLE WITHIN THE MEANING OF UBER v. HELLER 2020 SCC 16.

14.7 Exceptions

Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent infringement of intellectual property rights or breach of confidentiality obligations.

15. Force Majeure

Relief Care is not liable for any failure or delay in performing its obligations due to circumstances beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil unrest, government actions, labour disputes, power failures, internet or telecommunications failures, cyberattacks, or third-party service provider failures.

16. Voluntary Worker Transparency Practices

Although Ontario’s Digital Platform Workers’ Rights Act, 2022 (“DPWRA”) does not currently apply to the Services as the Services do not fall within the categories of “digital platform work” prescribed under O. Reg. 344/24, Relief Care voluntarily adopts the following transparency practices in respect of Care Givers:

• How pay is calculated: Relief Care discloses to Care Givers, before they accept a booking, the estimated total amount payable, the platform fee, and any other deductions.
• Factors affecting work assignments: Relief Care does not use algorithmic dispatch or ranking. When a Care Seeker posts a job, the posting is made visible, with a notification, to Care Givers whose profession, specialty, and service area match the posting. Care Givers choose whether to apply, with no penalty for not applying, and the Care Seeker selects from the Care Givers who applied. Relief Care does not adjust a Care Giver’s visibility or matching priority based on ratings, reliability records, or past cancellations. Any Care Seeker preference engaging a protected ground is subject to Section 4.4.
• Recurring pay periods: Care Givers are paid in accordance with the published payout schedule. The schedule is disclosed in the Care Giver dashboard and in account settings.
• Pay statements: Care Givers receive transaction-level records and per-payout summaries through their dashboard. These records constitute pay statements for tax and recordkeeping purposes.
• Tips and gratuities: Tips paid through the platform are passed to the Care Giver. Relief Care does not withhold or redistribute tips.
• Deactivation notice and reasons: Section 5.3 above sets out Relief Care’s voluntary commitment to written notice with reasons, 14 days’ notice in non-urgent cases, and a voluntary internal review process.
• Reprisal: Relief Care does not retaliate against Care Givers for raising concerns about platform practices, exercising rights under any applicable law, or filing complaints with regulatory authorities.

If at any time the categories of “digital platform work” prescribed under DPWRA are expanded to include healthcare staffing services, Relief Care intends to be substantially aligned with DPWRA from the effective date of the expansion.

17. Miscellaneous

17.1 No Partnership

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Relief Care, except as expressly set forth in Section 10.1 (limited payment collection agency).

17.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties’ original intent.

17.3 Assignment

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. Relief Care may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.

17.4 Survival

The following provisions survive termination: Sections 1.2, 1.3, 1.4, 1.5, 1.6, 3.1, 3.2, 3.5, 4 (with respect to Content already posted), 5.2 (license to display reviews), 8 (Privacy), 10 (with respect to fees, refunds, and chargebacks already accrued), 11, 13, 14, 17, and any other provision that, by its nature, is intended to survive.

17.5 Entire Agreement

These Terms, together with the policies they incorporate by reference (Privacy Policy, Cancellation Policy, Safety & Trust Policy, and the Facility Customer Addendum for institutional Care Seekers), constitute the entire agreement between you and Relief Care with respect to the Site and Services and supersede all prior agreements and communications.

17.6 No Waiver

No failure or delay by Relief Care in exercising any right under these Terms operates as a waiver.

17.7 Notice and Notice (Copyright)

If you believe in good faith that Content on the Site infringes your copyright, you may submit a notice in compliance with section 41.25 of the Copyright Act, R.S.C. 1985, c. C-42 to support@reliefcare.com. The notice must include the elements required by s. 41.25(2) and must not include a settlement offer or demand for payment (s. 41.25(3)).

18. Contact

Relief Care Inc.

5171 Yonge Street, 2nd Floor

North York, ON M2N 5P5, Canada

Email: support@reliefcare.com

Privacy: privacy@reliefcare.com

Copyright: support@reliefcare.com