EMBRACE THE CHOICE TO LIVE AT HOME!

Terms of Use for all registered and non-registered users

Last updated: September 30, 2013

Welcome to www.asiancaregivers.ca ("the Website"). Asiancaregivers.ca and/or its affiliates provide website features and services to you when you visit or access Asiancaregiver.ca (collectively referred to as "Asiancaregiver.ca Services"). Please read the following terms of use (TOS) carefully.

Asiancaregivers.ca Services are offered to you conditional upon your accepting all of the following service terms, conditions, and notices ("Service Terms"):

General

This agreement binds you, your assigns, agents, representatives, successors, employees and any and all other persons acting on your behalf. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

1. Privacy
Asiancaregivers.ca will use the information you provide on the Website in accordance with our Privacy Policy. For more information, see our full Privacy Policy.
2. Description of Services
Asiancaregivers.ca Services and the Website is an on-line service provided to individuals, families or their appointed agent seeking to recruit caregivers. The Website features a job search engine to match the requirements of "Careseekers" with the qualifications of "Caregivers". Careseekers are individuals, family caregivers, health care institutions or their appointed agent seeking culture-sensitive home care services ("Careseekers"). Caregivers are individuals who are care providers, companions, cooks, meal preparation assistants, housekeepers or home helpers ("Caregivers").

Careseekers can post a job ad and search a database of candidates whereas Caregivers can post resumes and respond to caregiver job ads. Asiancaregivers.ca does not participate in the interactions and transactions between careseekers and caregivers. Asiancaregivers.ca does not interview, screen, or perform background checks on either the careseekers or caregivers that appear on the site and therefore has no control over the accuracy, nature, or safety of the jobs or resumes posted on the Website, or, knowledge of either the capability of prospective care seeker to offer job opportunities to caregiver candidates or the ability of caregivers seeking jobs to fill job openings. Asiancaregivers.ca cannot guarantee or provide assurance that careseekers will be successful in their recruitment effort or that caregivers seeking employment will successfully find employment.
3. Modifications to Terms of Use
Asiancaregivers.ca reserves the right to discontinue or modify the TOS and policies regarding the use of Asiancaregivers.ca Services at any time and to notify the user by posting an updated version of the TOS on the Website. You, the user, are responsible for regularly reviewing the TOS. You consent to the updated TOS when you continue to use Asiancaregivers.ca Services after the updated version of the TOS has been posted to the Website.
4. Governing Law and Jurisdiction
By using Asiancaregivers.ca Services you agree that all matters relating to your access to or use of the Website, including all disputes are subject to the applicable consumer protection laws of the province, territory or state where you reside, and will be governed by the laws of the Province of Ontario, Canada without regard to its conflict of law provisions. Subject to applicable consumer protection laws of the province, territory, or state where you reside, you expressly agree and consent to the exclusive jurisdiction and venue of the courts of Toronto, Ontario, Canada for the resolution of any such dispute.

Any claim under these TOS must be brought within one (1) year after the cause of action arises or such claim or cause of action is barred.
5. Eligibility to Use
To be eligible to use Asiancaregivers.ca Services and the Website you must be of 18 years of age or older and have the capacity to form legally binding contracts according to the laws of the Province or State in which they reside. You warrant to Asiancaregivers.ca that you will not use Asiancaregivers.ca Services for any purpose that is unlawful or prohibited by the Service Terms.

A user of Asiancaregivers.ca and the Website is defined as any visitor (individual or organization) to the Website accessing Asiancaregivers.ca services as a guest or member.
6. Member Account, Password, and Security
To access Asiancaregiver.ca services or Website, you must create a guest or member account and complete the registration process as follows:
  • You will set up a profile as prompted to provide us with current, complete and accurate information about your identity.
  • You will create an account name and a password.
  • You agree to be solely responsible for maintaining the security and confidentiality of your account and password and for restricting access to your computer.
  • You agree to solely accept responsibility for all activities that occur under your account or password.
7. User Subscriptions
Users with a paid membership to access Asiancaregivers.ca are subject to the following terms and conditions:
  • The price and terms of subscription is established by the pricing structure at the time and date of registration. Pricing may vary by promotions selected at the time of registration.
  • Asiancaregivers.ca reserves the right to change the pricing structure without notice at any time.ncaregivers.ca reserves the right to change the pricing structure without notice at any time.
  • For all fees, Asiancaregivers.ca will charge the User's credit card according to the agreed-upon fee between User and Asiancaregivers.ca for access to the Asiancaregivers.ca Site. While Asiancaregivers.ca will use reasonable commercial efforts to ensure the privacy of all credit cards and all other personal information, we expressly disclaim any liability for any damages that may result should any information be released to any third party.
  • Asiancaregivers.ca will not be held accountable for any damages that may result from Asiancaregivers.ca using a third party service (like PayPal but not limited to), to process credit card information.
  • Asiancaregivers.ca may terminate your access to any part or all of Asiancaregivers.ca Services and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.
  • The process for terminating your account is to discontinue the use of Asiancaregivers.ca Services for 90 days. When an account is terminated, Asiancaregivers.ca will have no obligation to maintain any of the content relative to your account, nor will Asiancaregivers.ca have any obligation to forward any unread or unsent messages to you or any third party.
  • Asiancaregivers.ca reserves the right to terminate your account for inactivity, which is defined as failing to log into Asiancaregivers.ca Services for a period of 90 days since the user's last log on to Asiancaregivers.ca Services. Upon termination of Asiancaregivers.ca Services, the user's right to use Asiancaregivers.ca Services immediately ceases.
  • Asiancaregivers.ca will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. If actual damages cannot be reasonably calculated you agree to pay Asiancaregivers.ca liquidated damages of $5 (U.S.) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay Asiancaregivers.ca's actual damages to the extent that such actual damages can be reasonably calculated.
8. Communication, Content, and User Conduct
You may post reviews, comments, photos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, providing that the content is not illegal, obscene, threatening, defamatory, an invasion of privacy, an infringement of intellectual property rights, objectionable, injurious or potentially injurious to third parties, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages.

When you use any Asiancaregivers.ca Services or send e-mail to us you consent to receive communications from us electronically. You agree and warrant that:
  • Asiancaregivers.ca will communicate with you by e-mail or by posting notices on the Asiancaregivers.ca site or through the other Asiancaregivers.ca Services; Asiancaregivers.ca is not responsible or liable for the deletion of or the failure to store messages or other information.
  • Asiancaregivers.ca will communicate with you by telephone to assist you with complying with the registration or subscription requirements and process.
  • Asiancaregivers.ca takes no responsibility and assumes no liability for any content posted by you or any third party.
  • All agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications have been received by you in writing.
  • You will use Asiancaregivers.ca Services only to send and receive personal messages and that any unauthorized commercial use of Asiancaregivers.ca Services, or the resale of its services, is expressly prohibited. Agent organizations appointed to act on behalf of care seeking individuals or families agree to use Asiancaregivers.ca Services and the Website only as an information source and must use their own agency prepared materials when presenting to clients.
  • You will abide by all applicable local, provincial, state, national and international laws and regulations and you are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through Asiancaregivers.ca Services and the Website.
  • Asiancaregivers.ca has no obligation to monitor Asiancaregivers.ca Services or the use of Asiancaregivers.ca Services by any user nor does Asiancaregivers.ca have any obligation to retain the contents of any user session. However, Asiancaregivers.ca reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request and to remove or edit such content.
  • You grant Asiancaregivers.ca a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display throughout the world in any media any content you post or material you submit.
You also agree and warrant that you will not:
  • Use Asiancaregivers.ca Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any unsolicited commercial or personal messages;
  • Abuse, defame, harass, stalk, threaten, or violate the privacy or publicity of others
  • Advertise or offer to sell or buy any goods or services for any non-personal purpose;
  • Attempt to gain unauthorized access to Asiancaregivers.ca Services, other accounts, computer systems or networks connected to Asiancaregivers.ca Services by any means;
  • Collect information about others, including email addresses, without their consent;
  • Create a false identity or email address for the purpose of impersonating any person or entity or to mislead others as to the identity of the sender or the origin of a message;
  • Distribute, disseminate, post or publish any defamatory, inappropriate, indecent, infringing, obscene, profane, or unlawful material or information;
  • Interfere with or disrupt networks connected to Asiancaregivers.ca Services or violate the regulations, policies or procedures of such networks;
  • Use, download, copy, modify, distribute, reproduce, republish, post, transmit, or upload in any way content that is only available to subscribers of Asiancaregivers.ca Services, and the Website including code and software to another person or entity who is a non-subscriber of Asiancaregivers.ca Services.
  • Interfere with a user or member's use and enjoyment of Asiancaregivers.ca Services;
  • Transmit or upload any material that contains harmful or deleterious programs such as but not limited to computer cancelbots, time bombs, trojan horses, worms, viruses.
  • Transmit or upload any material that is protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents;
  • Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software through Asiancaregivers.ca Services.
9. Links to Third Party Sites
Links on the Asiancaregivers.ca Website when accessed on may enable the user to leave the Website. Asiancaregivers.ca PROVIDES THESE LINKS TO THE USER ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ANY ENDORSEMENT BY Asiancaregivers.ca OF THE SITE OR ANY ASSOCIATION WITH THEIR OPERATORS. Asiancaregivers.ca can refuse third parties to link to our Site and shall not be required to give any explanation for such refusal.

As these linked sites are not under the control of Asiancaregivers.ca, Asiancaregivers.ca IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, ANY CHANGES OR UPDATES TO SUCH SITES OR FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FORM ANY LINKED SITE.

Asiancaregivers.ca will not be responsible or liable for any part of Any dealings you may have with advertisers on Asiancaregivers.ca Services or with promotions offered to you, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party.
10. Intellectual Property, Copyright, and Trademarks
All content made available through Asiancaregivers.ca Services, or Asiancaregivers.ca's advertisers or other content providers such as audio clips, button icons, data compilations, digital downloads, graphics, images, logos, music, software, sound, text, photographs, trademark or trade dress or any other material contained in either sponsor advertisements is the intellectual property of Asiancaregivers.ca or its content suppliers, and is protected by Canadian, U.S. and international copyright laws and may not be used in connection with any service or product that is not Asiancaregivers.ca's or its affiliates', in any manner that is likely to cause confusion among customers, or in any manner that discredits or disparages Asiancaregivers.ca or its affiliates.
11. License and Access
All rights not expressly granted to you in these TOS are reserved and retained by Asiancaregivers.ca or its licensors, suppliers, publishers, rights holders, or other content providers.

The licenses granted by Asiancaregivers.ca terminate if you do not comply with the TOS. Asiancaregivers.ca reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Subject to your compliance with these TOS and your payment of any applicable member subscription fees to access Asiancaregivers.ca Services or the Website content you may make a copy of this content only for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact.

You may use the Asiancaregivers.ca Services only as permitted by law. You may not misuse the Asiancaregivers.ca Services or the Website. You may not enclose any trademark, logo, or other proprietary information with a frame of any sort (including images, text, page layout, or form) of Asiancaregivers.ca or utilize or link to Asiancaregivers.ca name or trademarks through the use of any meta-tags or any other "hidden text" without the express written consent of Asiancaregivers.ca.

This licence does not include any resale or commercial use of any Asiancaregivers.ca Service or its contents; any collection and use of any service or product listings, descriptions, or prices; any derivative use of any Asiancaregivers.ca Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools.
12. Disclaimers and Limitation of Liability
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Asiancaregivers.ca as a result of this agreement or use of Asiancaregivers.ca Services. Asiancaregivers.ca does not meet or screen any applicant or employer using this site. You, the user assume full responsibility for the hiring process. Any advice provided through this website is intended as a guide for employers, applicants and agencies to aid them in a hiring process and should not be substituted for independent legal or professional counsel.

Asiancaregivers.ca does not represent or warrant that Asiancaregivers.ca Services will be uninterrupted or error-free, that defects will be corrected, or that Asiancaregivers.ca Services or the server that makes it available are free of viruses or other harmful components. Asiancaregivers.ca does not warrant or represent that the use or the results of the use of Asiancaregivers.ca Services or the materials made available as part of Asiancaregivers.ca Services will be correct, accurate, timely, or otherwise reliable.

You specifically agree that Asiancaregivers.ca shall not be responsible for unauthorized access to or for the alteration of transmissions, data or any material sent or received or not sent or received, or any transactions entered into through Asiancaregivers.ca Services. You specifically agree that Asiancaregivers.ca is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or for any infringement of another's rights, including intellectual property rights. The user specifically agrees that Asiancaregivers.ca is not responsible for any content sent using and/or included in Asiancaregivers.ca Services by any third party.

Asiancaregivers.ca acts as a passive conduit for the online distribution and publication of information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users.

You agree to indemnify and hold Asiancaregivers.ca, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of the users use of or conduct on Asiancaregivers.ca Services.