Terms of Use

Learning need – To build trust with Care Seekers.

1. Acceptance of Terms

• Modifications. These Terms of Service (the “Terms”) are a binding legal agreement between you and webookcare Inc., a company incorporated under the laws of British Columbia with a registered office at Suite 990, 1040 West Georgia Street, Vancouver, BC V6E 4H1 (“webookcare,” “we,” “us” and “our”). The Terms govern your use of our software appl ications, resources and services for Caregivers and Care Seekers to find each other, communicate with each other, and arrange for the provision of home care services (col lectively, our “webookcare service”). The Terms govern al l use of the webookcare service, whether you access it from our website at https://www.webookcare.com (or any local ized version) (the “Site”), our mobi le appl ications and mobi le websites, our Facebook appl ication, our onl ine or phone support offerings, or any other access point we make avai lable to you. Our webookcare pol icies applicable to your use of the webookcare service are incorporated by reference into these Terms of Service. BY AGREEING TO THESE TERMS DURING THE ACCOUNT SIGN-UP PROCESS OR ACCESSING OR USING THE WEBOOKCARE SERVICE WITHOUT AN ACCOUNT, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE THE WEBOOKCARE SERVICE.
• You understand and agree that we may change the Terms from time to time, and that any such changes wi l l be effective (except as otherwise described in Section 17.10 below) when we post the modified Terms on the webookcare service, unless otherwise required by appl icable law. Your continued access and use of the webookcare service after we post the modified Terms wi l l constitute your consent to be bound by the modified Terms.

2. webookcare service.

• 2.1 Nature of the webookcare service. The webookcare service consists of a desktop Web appl ication, mobi le appl ications, and other related tools, support and services that Care Seekers (“Care Seekers”) and providers of home care services (“Caregivers”) can use to find, communicate with and interact with each other. The webookcare service includes our 24/7 support services, educational materials for Caregivers, and other services. We charge fees for some aspects of the webookcare service, as described below in Section 9.
• 2.2 webookcare does not provide home care services. webookcare is a neutral venue for Caregivers and Care Seekers. webookcare is not a Service Provider and, except for 24/7 customer service support and other resources and support speci fically described in the webookcare service, does not provide home care services. We make no representations or warranties about the qual ity of home care services or other services provided by Caregivers (“Home care Services”), or about your interactions and deal ings with users. Caregivers l isted on webookcare are not under the direction or control of webookcare, and Caregivers determine in their own discretion how to provide home care services. Though we provide general guidance on our Site to Caregivers about safety and home care services and to Care Seekers about selecting and engaging Caregivers, webookcare does not employ, recommend or endorse Caregivers or Care Seekers, and, to the maximum extent permitted by appl icable law, we wi l l not be responsible or l iable for the performance or conduct of Caregivers or Care Seekers, whether onl ine or offl ine. We conduct an initial review of Caregiver profi les and we faci l itate Background Checks or Identi fication Veri fications (each as described in Section 10, below) on Caregivers conducted by a third party, but, except where expl icitly speci fied in the webookcare service (and then only to the extent speci fied), do not otherwise screen Caregivers or Care Seekers. You should exercise caution and use your independent judgment before engaging a Caregiver, providing home care services, or otherwise interacting with users via the webookcare service. Care Seekers and Caregivers are solely responsible for making decisions that are in the best interests of themselves and the care recipient. For example, each user of the webookcare service is responsible for keeping current his or her own medications, and we wi l l have no l iabi lity for anyone’s fai lure to medicate the care recipient.
• 2.3 Release. Subject to Section 16 below, our l iability for any claims, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or deal ings with other users and the acts and/or omissions of Caregivers and Care Seekers, whether onl ine or offl ine, is l imited to the amounts and obl igations set forth in webookcare’s terms of service. You acknowledge and agree that, except to the extent we have l iabil ity under webookcare’s terms of service and to the maximum extent permitted by the appl icable law, YOUR USE AND/OR PROVISION OF HOME CARE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.
• 2.4 Transactions are between Care Seekers and Caregivers. The webookcare service may be used to find and offer Home Care Services and to faci l itate payment, but al l transactions conducted via the webookcare service are between Care Seekers and Caregivers. Except for the l imited refunds speci fied in Section 9.6, you agree that webookcare has no l iabi lity for damages associated with home care services (which may include bodi ly injury to, or death of, a loved one) or resulting from any other transactions between users of the webookcare service.
• 2.5 Bookings. Care Seekers and Caregivers transact with each other on the webookcare platform when they both agree to a “booking” that speci fies the fees, time period, cancel lation pol icy, and other terms for provision of Home Care Services via the booking mechanism provided on the webookcare platform (a “Booking”). A Booking may be initiated by either a Caregiver or a Care Seeker by selecting the type(s) of home care services to be provided and then fol lowing the prompts that appear on-screen. If you are a Care Seeker and you initiate a Booking, you agree to pay for the Home Care Services described in the Booking when you cl ick “Request & Pay.” If you are a Care Seeker and a Caregiver initiates a Booking, you agree to pay for the home care services described in the Booking when you cl ick “Pay Now.” Al l requests are subject to acceptance by the receiving party. The receiving party is not obl igated to accept your (or any) request and may, at their discretion, decl ine for any reason. You acknowledge that, once you complete a Booking, you agree to honor the price and other terms of that Booking, as acknowledged in the Booking confirmation.
• 2.6 Care Seekers are Solely Responsible for Evaluating Caregivers. Care Seekers are solely responsible for evaluating the suitabi l ity of Caregivers for the services they offer to provide. Please visit the Education Center for guidance about making informed decisions about engaging Caregivers. Though webookcare performs a l imited review of Service Provider profi les, any such screening is l imited, and webookcare does not warrant that any such screen is accurate, complete, conclusive or up-to-date. Simi larly, webookcare does not endorse reviews of Caregivers by other Care Seekers that may be avai lable via the webookcare service, and webookcare makes no commitments that such reviews are accurate or legitimate.
• 2.7 Emergencies. We recommend that Care Seekers give their Caregivers contact information where they can be reached in the event medical care for a care recipient becomes necessary. Caregivers agree to immediately contact Care Seekers in the event such care becomes necessary or, i f the Care Seeker is not avai lable, to contact emergency services at the appl icable telephone number. If you are a Care Seeker, you hereby authorize your Caregiver to obtain and authorise the provision of medical care for the care recipient i f you cannot be reached to authorize care yoursel f in an emergency. If your Caregiver reaches you with a request to authorize medical care for the care recipient and you refuse, you release the Caregiver and webookcare for any injury, damage or l iabi lity arising from fai lure to seek such care, including from reimbursement that may otherwise have been avai lable. Care Seekers are responsible for the costs of any such medical treatment for care recipients, i f you are a Care Seeker, you hereby authorize webookcare to charge your credit card or other payment method for such costs. Webookcare recommends that al l users have adequate health insurance to cover the costs of medical care.
• 2.8 Third Party Vendor Services. webookcare may offer Care Seekers and Caregivers phone, chat, or emai l information on advanced background checks, payrol l , GPS timekeeping, emergency home care, health and l iabi lity services from a third party to provide an educational resource for decisions you make about home care.
• 2.9 Google Maps. Use of the webookcare service requires use of Google Maps features and content, which are subject to the current (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html (including the Acceptable Use Pol icy at https://cloud.google.com/maps -platform/terms/aup/); and (2) Google Privacy Pol icy at https://www.google.com/pol icies/privacy/ (col lectively, the “Google Terms”). By using the webookcare service, you acknowledge and agree to the Google Terms as they apply to you (e.g., as an “End User”). Any unauthorized use of the Google Maps features, and content may result in your suspension or termination from the webookcare service.

3. Compliance with Applicable Law.

• By accessing and using the webookcare service, you certify that you: (1) are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher, and (2) wi l l comply with al l laws and regulations appl icable to your activities conducted through, or related to, the webookcare service.
• For Care Seekers, this means, among other things, that you wi l l ensure that your home is safe from any risks as required by local laws or regulations; that you have obtained and wi l l maintain any mandatory insurance pol icies concerning the care recipient whose care you entrust to Caregivers (and that such pol icies wi ll benefit third parties, including Caregivers, to the same extent they benefit you).
• For Caregivers, this includes that you are legal ly el igible to provide home care services in the jurisdiction where you provide home care services; that you have compl ied and wi l l comply with al l laws and regulations that are appl icable to you; that you have obtained al l business l icenses and permits neces sary to legal ly provide home care services; and that, when providing home care services, you wi l l comply with appl icable federal and provincial laws.
• You acknowledge that webookcare is entitled to rely on these commitments from you, is not responsible to ensure that al l users have compl ied with appl icable laws and regulations and wi l l not be l iable for a user’s fai lure to do so.

4. Use of the webookcare service; Suspension.

• 4.1 Your Conduct on the webookcare service. When you use the webookcare service, you agree:
  1. To use the webookcare service only in a lawful manner and only for its intended purposes.
  2. Not to submit viruses or other mal icious code to or through the webookcare service.
  3. Not to use the webookcare service, or engage with other users of the webookcare service, for purposes that violate the law.
  4. Not to use the webookcare service to arrange for the provision and purchase of services with another user, then complete transactions for those services outside of the webookcare service.
  5. Not to use the Webookcare service for purposes of competing with webookcare or to promote other products or services.
  6. Not to post reviews about Caregivers that aren’t based on your personal experience, that are intentional ly inaccurate or misleading, or that violate these Terms.
  7. Not to post content or materials that are pornographic, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intel lectual property rights, or violate the law or the legal rights (for example, privacy rights) of others.
  8. Not to post “spam” or other unauthorized commercial communications.
  9. To use the webookcare service only for your own purposes, and not to impersonate any other person.
  10. Not to transfer or authorize the use of your account for the webookcare service by any other person, or to engage in fraudulent transactions.
  11. Not to provide false information in your profi le on, or registration for, the webookcare service, or to create multiple or dupl icate accounts.
  12. Not to interfere with our provision of, or any other user ’s use of, the webookcare service.
  13. Not to sol icit another user’s username and password for the webookcare service or any other sensitive personal information, including bank detai ls.
• 4.2 Suspension and Termination. You understand and agree that we have no obl igation to provide the webookcare service in any speci fic location or territory, nor to continue providing it once we have begun. We reserve the right to suspend or terminate your access to the webookcare service: (1) i f in our discretion your conduct on the Site or webookcare service is inappropriate, unsafe, dishonest, or in breach of these terms; or (2) i f necessary in our discretion to protect webookcare, its users, Homes, or the publ ic. You may suspend or terminate your use of the webookcare service at any time and for any reason. If you wish to deactivate your account, please contact webookcare. Note that i f you have any outstanding payment obl igations, those wi l l survive suspension or termination of your account.

5. Registration

• Account Security. To use some aspects of the webookcare service, you wi l l be required to create a username, password, and user profi le. If you elect to use the webookcare service, you agree to provide accurate information about yoursel f and keep this information up-to-date. You agree not to impersonate anyone else and not to maintain more than one account (or, i f webookcare suspends or terminates your account, not to create additional accounts). You are responsible for maintaining the confidential ity of your username and password for the webookcare service and are responsible for al l activity under your account. You agree to notify us promptly of any unauthorized use of your account.

6. Privacy.

• Our col lection and use of your personal information on the webookcare service is described in our Privacy Statement. By accessing or using the webookcare service, you acknowledge that you have read and understand the Privacy Statement.

7. Your Content.

• 7.1 Your Content. We may require or al low you (or someone else on your behal f) to submit or upload text, photographs, images, videos, reviews, information, and materials to your profi le on the webookcare service or otherwise in connection with using the webookcare service and/or participating in promotional campaigns we conduct on the Site (col lectively, “Your Content”). For example, Caregivers are invited to create a profi le page with a photograph and other information and to transmit photos of the care recipient under their care to Care Seekers, whi le Care Seekers may submit reviews of Caregivers.
• 7.2 License. Except for the l imitations on our use and disclosure of personal information described in our Privacy Statement, to the maximum extent and duration permitted under any appl icable law, you grant webookcare an irrevocable, non-exclusive, ful ly paid worldwide l icense to use, copy, perform, publ icly display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and/or distribute Your Content in connection with providing and/or promoting the webookcare service, and to subl icense these rights to third parties.
• 7.3 Release. If your name, voice, image, persona, l ikeness, or performance is included in any of Your Content, you hereby waive, and release webookcare and its users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publ icity, or personal ity, or any simi lar claim arising out of the use of Your Content in accordance with the l icense in Section 7.2 and the other provisions of these Terms.
• 7.4 Your Representations and Warranties about Your Content. You represent and warrant that (1) you are the owner or l icensor of Your Content, and that you have al l rights, consents, and permissions necessary to grant the l icense in Section 7.2 and make the release in Section 7.3 with respect to Your Content, (2) that you have any necessary consents and releases from individuals who appear or whose Homes appear in Your Content; and (3) Your Content does not violate the law or these Terms.
• 7.5 Right to Remove or Screen Your Content. Though we are not obl igated to do so, we reserve the right to monitor, screen, edit and/or remove Your Content on the webookcare service. Our enforcement of these Terms with respect to Your Content is at our discretion, and fai lure to enforce the Terms in one instance does not create a waiver of our right to enforce them in another instance. We have no obl igation to retain or provide you with copies of Your Content, nor wi l l we have any l iabi lity to you for any deletion, disclosure, l oss or modi fication to Your Content. It is your sole responsibi lity to maintain backup copies of Your Content.
• 7.6 Reviews. The webookcare service may provide the abi l ity to leave publ ic and/or private reviews of users. You acknowledge that even private reviews may be shared with third parties in accordance with appl icable law and our Privacy Statement and that webookcare has no obl igation to preserve or indefinitely store any reviews. If you are a Caregiver, we have no obl igation to provide you with the content of any reviews about you submitted by other users of the webookcare service, whether before or after termination of your account for the webookcare service. We wi l l have no l iabi lity to you for any deletion, disclosure, loss or modi fication of these reviews. We reserve the right to screen, edit or remove these reviews from the webookcare service at any time.

8. Phone, Text and Mobi le Communications.

• 8.1 Consent to Autodialed Text Messages This section 8.1 appl ies only to users in Canada. You consent to webookcare communicating with you about the Webookcare service by SMS, text message, emai l and other electronic means, including autodialed text messages containing service information and/or marketing messages, even i f your phone number is on the do-not-cal l l ist. Your carrier’s normal messaging, data and other rates and fees wi l l apply to these communications. You are not required to provide this consent to receive marketing messages as a condition of purchasing anything or using the webookcare service, and you may opt-out of receiving these messages at any time as described in our Privacy Statement (though you may continue to receive messages whi le webookcare processes your request).
• 8.2 Phone Number Changes. In the event you deactivate a mobi le phone number provided to us, you agree to update your webookcare account information promptly to ensure that messages are not sent to the person who acquires your old number.

9. Fees & Payment.

• 9.1 Currency. Al l fees, deductible amounts and other payments referenced on, or charged through, the webookcare service are l isted and payable in local currency.
• 9.2 Fees for Care Seekers. Care Seekers may purchase home care services from a Caregiver by completing a Booking as described in Section 2.5. If you are a Care Seeker, you enter a transaction with the Caregiver when you accept a Booking, and you agree to pay the total fees indicated in the Booking. As described in Sections 9.3 and 9.4, the total amount Care Seekers are charged for a Booking may also include a booking fee payable to webookcare. Where required by law, the amount charged wi l l also be inclusive of appl icable taxes. The Caregiver, not webookcare, is responsible for performing the home care services.
• 9.3 Fees for Caregivers. Caregivers may agree to provide home care services to a Care Seekers by agreeing to a Booking as described in Section 2.5. If you are a Caregiver, you must confirm the Booking before it expires, or the Care Seeker wi l l have no obl igation to complete the transaction. Once the Booking is completed by both parties, you agree to honor the price set forth in your Booking. The purchase of home care services is a transaction between the Care Seeker and the Caregiver. webookcare’s role is to faci l itate the transaction. We wi l l (either directly or indirectly through an authorized third party) col lect payment from the Care Seeker at the time of Booking and (except to the extent of any payment hold pursuant to Section 9.7) initiate payment to the Caregivers account 48 hours after completion of the service period indicated in the Booking. Caregivers are charged a service fee as described in Section 9.4. Where required by law, the amount charged wi l l also be inclusive of appl icable taxes.
• 9.5 Late Fees and Additional Charges. If you are a Care Seeker, you acknowledge and agree that, i f you fai l to take care of the care recipient at the end of the service period agreed in a Booking, you wi l l be charged for additional service time (pro rata for each partial late day) at the rate establ ished in the Booking. In addition, you agree to indemnify webookcare from, and agree that we may charge your credit card or other payment method for, any additional costs and expenses we or the Caregiver incur as a result of your fai lure to care for the care recipient at the end of the service period agreed in a Booking.
• 9.6 Cancel lations & Refunds.
  1. Emergency Cancel lations by Caregiver. webookcare can help you find replacement Caregivers when Caregivers cancel Bookings near the start date of the service period identi fied in the Booking. The avai lability of the replacement depends on the timing of the cancel lation and the type of home care services provided; consult the Help Centre for detai ls.
  2. Cancel lations by Caregiver. If a Caregiver cancels a Booking prior to or during the service period identi fied in the Booking, we wi l l refund the fees paid by the Care Seeker for home care services not provided, as wel l as any service charge paid to webookcare according to the Caregiver’s cancel lation pol icy. If you are a Caregiver, you can appoint a Co-Caregiver (as agreed by the Care Seeker and so long as the substitute has an active account on the webookcare service and has agreed in writing to accept a Booking) by contacting webookcare to modify the Booking. If you do not find a Co-Caregiver and repeatedly cancel accepted Bookings without jus ti fication, webookcare may terminate your account.
  3. Cancel lations by Care Seeker If a Care Seeker cancels a Booking prior to or during the service period speci fied in a Booking, we wi l l refund fees in accordance with the extenuating circumstances pol icy or cancel lation pol icy selected by the Caregiver on the webookcare service. Al l Caregivers are required to select a cancel lation pol icy prior to completing a Booking so that Care Seekers are aware of the cancel lation pol icy prior to Booking. For more information about cancel lation pol icies, please visit the Help Center.
  4. Force Majeure. The cancel lation pol icies described herein may not apply in the event of certain emergency situations beyond the control of Caregivers and/or Care Seekers that make it impossible or impractical to perform agreed Bookings, such as evacuations resulting from earthquake, hurricane, wi ldfire, flood, war, riots or other simi lar disaster. In such cases Webookcare may, in its reasonable discretion, issue refunds under terms that vary from a Caregivers selected cancellation policy.
  5. Refunds for Fai lure to Perform. If we determine in our reasonable discretion that a Caregiver has fai led to provide home care services as agreed with the Care Seeker or is otherwise in breach of these Terms, then we may, in our reasonable discretion, cancel a Booking and/or issue a ful l or partial refund to a Care Seeker.
  6. General Terms for Cancel lations. If you wish to cancel a Booking, you should use the mechanisms a vai lable through the webookcare service to do so. For purposes of the pol icies and terms in this Section 9.6, the date of cancel lation is the date that a user cancels through the webookcare service, regardless of any separate communications between users outside of the webookcare service.
  7. Payment Disputes; Payment Outside of the webookcare service. webookcare initiates payments to Caregivers 48 hours after completion of a Booking. Once these amounts have been disbursed, any further payment disputes are between the Care Seeker and the Caregiver and webookcare has no obl igation to mediate or faci l itate any resolution. Further, webookcare has no responsibi lity or l iability with respect to any tips, bonuses, or other payments made outside of the webookcare service.
• 9.7 Payment Holds. If you are a Caregiver, webookcare reserves the right to issue a hold on amounts otherwise payable to you pursuant to Section 9.3 i f there is a reasonable suspicion of fraudulent activity involving your account(s) or for other simi larly compel l ing reason involving protection of webookcare, the webookcare community or third party rights. We may also recommend that third party payment vendors restrict your access to funds in your account under the same circumstances.
• 9.8 Authorization to Charge. When you pay for home care services or for other services on the webookcare service, you wi l l be required to provide us with val id, up-to-date credit card or other payment information and to maintain that payment information (or an acceptable alternative payment method) on fi le with your account so long as you have any outstanding, confirmed Bookings. webookcare’s role is to faci l i tate payments from Care Seekers to Caregivers as l imited payment agent for the Caregiver. You authorize us to charge your credit card or other payment method for fees you incur on the webookcare service as they become due and payable, and to charge any alternative payment method webookcare has on record for you in the event your primary payment method is expired, inval id, or otherwise not able to be charged. You are responsible for maintaining up-to-date payment information. If we cannot charge you for fees when due because your payment information is no longer val id, or i f we do not receive your payment when due, then you understand that neither webookcare nor the Service Provider wi l l be responsible for any fai lure to provide services associated with those fees. Except as expressly provided in these Terms, al l fees paid via the webookcare service are non-refundable once paid.
• 9.9 Taxes. Except for taxes on webookcare’s income and gross receipts or where webookcare is otherwise required to col lect taxes, you acknowledge that you are solely responsible to pay any appl icable taxes that arise as a result of your purchase, provision, or use of home care services via the webookcare service. This includes, without l imitation, any form of sales tax, or income tax on fees paid or received by you through the webookcare service.

10. Background Checks and Identity Veri fications.

• webookcare may provide Caregivers with access to third party consumer reporting agencies that perform, among other things, personal identi fication veri fication services (“Identity Veri fication”) or criminal records checks, sex offender registry checks, motor vehicle records checks and/or identi fication veri fications (col lectively, “Background Checks”). Outside of Canada, these services are l imited to Identity Veri fication. We do not provide and are not responsible or l iable in any manner for, the Background Checks or Identity Veri fications, and we do not endorse or make any representations or warranties regarding the rel iabi lity of such Background Checks or Identity Veri fications or the accuracy, timel iness, or completeness of any information in the Background Checks or Identity Veri fications. We do not independently verify information in the Background Checks or Identity Veri fications.
• If you undergo a Background Check or Identity Veri fication via the webookcare service, you hereby consent to the col lection, use and disclosure of the information in the Background Check or Identity Veri fication, and you agree to provide complete and accurate information for your Background Check or Identity Veri fication. You understand and agree that webookcare may, in its sole discretion, review and rely on the information in the Background Check or Identity Veri fication in deciding whether to suspend or terminate or investigate a complaint about a Caregiver, but also that we are not obl igated to do so, and are not responsible or l iable in any way in the event that any information in any Background Check or Identity Veri fication is not accurate, timely or complete. If you are the subject of a Background Check or Identity Veri fication, you may contact the appl icable third-party consumer reporting agency to dispute the accuracy, timel iness or completeness of such information. You agree that webookcare’s rights and obl igations under the Arbitration Agreement inure to the benefit of the consumer reporting agency used for Background Checks or Identity Veri fication in respect of any claim that would b e subject to the Arbitration Agreement i f brought against us. webookcare reserves the right to suspend or terminate your access to the webookcare service based on information in the Background Check or Identity Veri fication or for any other reason, or no reason, in our sole discretion.
• Care Seekers remain ful ly responsible to evaluate and investigate their Caregivers. Be aware of the fol lowing l imitations in Background Checks: Except as otherwise expressly provided in these Terms or through the Service, webookcare does not automatical ly run Background Checks on any Users. Background Checks may vary by type, breadth and depth. Records not avai lable to third-party Background Check agencies wi l l not be included in the results. Not al l arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are avai lable in al l jurisdictions. In many jurisdictions there is a delay before arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are included in Background Checks. Juveni le records and offenses for minors may not appear in the publ ic record and are therefore not included in the results. Dismissed cases, arrests not resulting in convictions, arrests or convictions in foreign countries and nol le prosequi (abandonment of prosecution) may not be reported. Traffic violations are not included unless a jurisdiction reports them as criminal offenses. In the jurisdictions where traffic violations are reported as criminal offenses, such traffic violations may be included in the results as misdemeanors or felonies.

11. Copyright Infringement.

If you bel ieve in good faith that your copyrighted work has been infringed by content posted on the webookcare service, please provide our designated copyright agent with a written notice that includes al l of the fol lowing information:

• A description of the copyrighted work you bel ieve to have been infringed;
• A description of the URL or other location on our Site of the material you bel i eve to be infringing;
• Your name, mai l ing address, telephone number and emai l address;
• A statement that you have a good faith bel ief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, which you make under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner ’s behal f; and
• An electronic or physical signature of the person authorized to act on behal f of the copyright owner. Our designated agent for notice of copyright infringement can be reached at:
• webookcare, Inc.
  Attention: Copyright Notice
  PO Box 751
  Gibsons, BC V0N 1V0<.

12. Third Party Services, Links. The webookcare service may contain l inks to third party websites or resources. You acknowledge and agree that we are not responsible or l iable for: (i ) the avai lability or accuracy of such websites or resources; or (i i ) the content, products, or services on or avai lable from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources, or the content, products, or services avai lable from such websites or resources. You acknowledge sole responsibi lity for and assume al l risk arising from your use of any such websites or resources.

13. Indemnity. TO THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD WEBOOKCARE HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO YOUR: (1) transactions and interactions, onl ine or offl ine, with other users of the webookcare service; (2) breach of these Terms; (3) disputes with other users of the webookcare service; (4) your misstatements, misrepresentations, or violation of appl icable law; (5) property damage or personal injury to third parties cau sed by your Home or Homes in your care; (6) Your Content; or (7) your use of any Background Check or Identify Veri fication information in violation of any appl icable law. YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT.

14. Intel lectual Property.

• 14.1 webookcare service. webookcare and its l icensors retain al l right, title and interest in and to the webookcare service, the technology and software used to provide it, al l electronic documentation and content avai lable through the webookcare service (other than Your Content), and al l intel lectual property and proprietary rights in the webookcare service and such technology, software, documentation and content. Except for your rights to access and use the webookcare service set forth in these Terms, nothing in these Terms l icenses or conveys any of our intel lectual property or proprietary rights to anyone, including you. You agree that we wi l l have a proprietary right to use and incorporate into the webookcare service any feedback or suggestions for improvement that you provide to us concerning the webookcare service, without any obl igation of compensation.
• 14.2 webookcare Trademarks. webookcare owns al l rights in and to its trademarks, service marks, brand names and logos (the “Webookcare Marks”). If you are a Caregiver, webookcare grants you, for so long as you are in good standing on the webookcare service, a l imited, revocable, non-exclusive, non-transferable l icense to use the webookcare Marks solely: (1) in the form incorporated into goods, including customizable marketing col lateral (promo cards, signage etc.), made avai lable for purchase via the webookcare store and/or (2) in any other manner speci fically authorized in writing via the webookcare service. As a condition of exercising such l icense, you agree that (1) al l goodwi l l associated with your use of the webookcare Marks inures solely to the benefit of webookcare, and (2) such l icense immediately terminates upon your ceasing to be a Caregiver in good standing, whether at your own option or because webookcare suspends or terminates your rights to use the webookcare service.

15. Warranty Disclaimer for the webookcare service

• The information and materials found on the webookcare platform, including text, graphics, information, l inks or other items, are provided “as is” and “as avai lable.” Reviews, profi les, advice, opinions, statements, offers, or other information or content made avai lable through the webookcare service, but not directly by webookcare, are those of their respective authors, who are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WEBOOKCARE DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON THE WEBOOKCARE SERVICE; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN WEBOOKCARE; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE WEBOOKCARE SERVICE WILL BE CORRECTED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WEBOOKCARE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE WEBOOKCARE SERVICE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. IN ADDITION AND WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF ANY SERVICE PROVIDER THAT OFFERS HOME CARE SERVICES VIA THE WEBOOKCARE SERVICE.

16. Limitation of Liability.

• 16.1 Exclusion of Certain Types of Damages. To the maximum extent permitted under appl icable law, in no event wi l l webookcare be l iable to you for any indirect, special , incidental , or consequential damages, or for any business losses, or loss of profit, revenue, contracts, data, goodwi l l or other simi lar losses or expenses that arise out of or relate to the use of or inabi l ity to use the webookcare service, including without l imitation damages related to any information received from the webookcare service, removal of your profi le information or review (or other content) from the webookcare service, any suspension or termination of your access to the webookcare service, or any fai lure, error, omission, interruption, defect, delay in operation or transmission of the webookcare service, even i f we are aware of the possibi lity of any such damages, losses or expenses. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
• 16.2 Limit on Our Liabi l ity to You. EXCEPT FOR THE LIMITED REIMBURSEMENTS APPROVED BY WEBOOKCARE UNDER THE WEBOOKCARE GUARANTEE AND THE REFUND AMOUNTS PAYABLE BY WEBOOKCARE THAT ARE SET FORTH IN SECTION 9, AND EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL WEBOOKCARE’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE WEBOOKCARE SERVICE OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO WEBOOKCARE (SPECIFICALLY EXCLUDING AMOUNTS PAID TO CAREGIVERS) DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABLITY OR, IF YOU HAVE NOT PAID WEBOOKCARE FOR THE USE OF ANY SERVICES, THE AMOUNT OF $100.00 CDN (OR EQUIVALENT IN LOCAL CURRENCY).
• 16.3 No Liabi l ity for non-Webookcare Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WEBOOKCARE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE WEBOOKCARE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE WEBOOKCARE SERVICE, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE WEBOOKCARE SERVICE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO ATTEMPT TO DEFRAUD OR HARM YOU.
• IF YOU HAVE A DISPUTE WITH A CAREGIVER OR CARE SEEKER, YOU AGREE TO RELEASE WEBOOKCARE FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES, EXCEPT TO THE EXTENT STATED IN THE WEBOOKCARE GUARANTEE. IN NO EVENT WILL WEBOOKCARE BE LIABLE FOR DIRECT OR INDIRECT CONSEQUENCES OF A CARE SEEKER OR CAREGIVER FAILING TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

17. Arbitration Agreement.

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH WEBOOKCARE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. IF YOU RESIDE WITHIN THE EUROPEAN ECONOMIC AREA, THIS SECTION APPLIES ONLY TO BUSINESS CUSTOMERS (NOT “CONSUMERS”). IF YOU ARE A CONSUMER RESIDING WITHIN THE EUROPEAN ECONOMIC AREA, PLEASE SEE SECTION 18.

• 17.1 Arbitration Agreement; Claims. This Section 17 is referred to as the “Arbitration Agreement” in these Terms. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 1 7.9 below, you and webookcare (together, the “Parties”) agree that any and al l disputes or claims that arise between you and webookcare relating to the webookcare service, interactions with others on the webookcare service, and/or these Terms (including any al leged breach of these Terms) (col lectively, “Claims”), except for Excluded Claims (defined in the fol lowing sentence), wi l l be resolved as set forth in this Arbitration Agreement. As used herein, “Excluded Claims” means (1) individual claims brought in smal l claims court (i f your claims qual ify), (2) claims arising out of or related to a violation of Section 4.1, above, (3) claims in which either party seeks injunctive or other equitable rel ief for the al leged unlawful use of intel lectual property (incl uding, without l imitation, copyrights, trademarks, trade names, logos, trade secrets or patents), and (4) claims that, as a matter of appl icable law, cannot be made subject to arbitration.
• 17.2 Agreement to Arbitrate. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 17.9 below, you agree that any and al l Claims (other than Excluded Claims) wi l l be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court, in accordance with this Arbitration Agreement, and your rights in connection with al l Claims (other than Excluded Claims) wi l l be determined by a neutral arbitrator, not by a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To the extent that the Parties’ dispute involves both timely fi led Excluded Claims and other Claims subject to this Agreement, the Parties agree to bifurcate and stay for the duration of the arbitration proceedings any such Excluded Claims.
• 17.3 Prohibition of Class and Representative Actions and Non-Individual ized Rel ief. YOU AND WEBOOKCARE AGREE THAT, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN ACCORDANCE WITH SECTION 17.9 BELOW, EACH OF US MAY BRING CLAIMS (EXCEPT TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW) AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WEBOOKCARE AGREE OTHERWISE (OR TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW), THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER WEBOOKCARE SERVICE USERS.
• 17.4 Pre-Arbitration Dispute Resolution. Before you commence arbitration, we suggest that you contact us to explain your complaint. Our preference wi l l always be to resolve complaints amicably and efficiently, without the need for arbitration. You may contact us via emai l at webookcarebc@gmai l .com or by mai l at PO Box 751, Gibsons, BC V0N 1V0 If the issue is not resolved and results in arbitration, we wi l l need to mutual ly select and agree upon an arbitrator and the rules and procedures to govern the arbitration.
• 17.5 Arbitration Procedures. The Parties wi l l try in good fa ith to mutual ly select and agree upon an arbitrator and rules and procedures to govern the arbitration. If we cannot agree, then the arbitration wi l l be conducted in Engl ish by a neutral arbitrator in accordance with your choice of the JAMS Streaml ined Arbitration Rules and Procedures (the “JAMS Rules”) or the Rules of the International Center for Dispute Resolution (the “ICDR Rules”), as modified by this Arbitration Agreement. The rules that apply are those in effect when arbitration is demanded by either of the Parties. The JAMS Rules are avai lable at https://www.jamsadr.com/rules -streaml ined-arbitration, and the ICDR Rules are avai lable at https://www.icdr.org/rules_forms_fees, and both Rules are incorporated in these Terms by reference. You either acknowledge and agree that you have read and understand the Rules or waive your opportunity to read the Rules and any claim that the Rules are unfair or should not apply for any reason. If there is any inconsistency between the Rules and this Arbitration Agreement, the terms of this Arbitration Agreement wi l l control unless the arbitrator determines that the appl ication of the inconsistent Arbitration Agreement terms would not result in a fundamental ly fair arbitration. The arbitrator must also fol low the provisions of these Terms as a court would, including without l imitation, the l imitation of l iability provisions in Section 16. Although arbitration proceedings are usually simpler and more streaml ined than trials and other judicial proceedings, the arbitrator can award the same damages and rel ief on an individual basis that a court can award to an individual under the Terms and appl icable law. The arbitrator shall submit a decision in writing, specifying the findings of fact and the conclusions of law on which the decision is based. Decisions by the arbitrator are binding and enforceable in court and may be overturned by a court only for very l imited reasons.
  1. The arbitration wi l l be held in the province in which you reside or at another mutual ly agreed location. I f the value of the rel ief sought is $10,000 CDN (or equivalent in local currency) or less, you or webookcare may elect to have the arbitration conducted by telephone or based solely on written submissions, which election wi l l be binding on you and webookcare subject to the arbitrator’s discretion to require an in-person hearing, i f the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or webookcare, unless the arbitrator requires otherwise.
  2. The arbitrator wi l l decide the substance of al l claims in accordance with the laws of the Province of British Columbia (or of England and Wales i f you are located outside of Canada), including recognized principles of equity, and wi l l honor al l claims of privi lege recognized by law. The arbitrator wi l l not be bound by rul ings in prior arbitrations involving di fferent webookcare users, but is bound by rul ings in prior arbitrations involving the same Webookcare user to the extent required by appl icable law. As l imited by appl icable law, these Terms and the appl icable JAMS Rules, the arbitrator wi l l have (1) the exclusive authority and jurisdiction to make al l procedural and substantive decisions regarding a Claim, including the determination of whether a Claim is arbitrable, and (2 ) the authority to grant any remedy that would otherwise be avai lable in court.
• 17.6 Costs of Arbitration. Payment of al l fi l ing, administration, and arbitrator fees (col lectively, the “Arbitration Fees”) wi l l be shared equal ly by you and webookcare, except where prohibited by appl icable law. In addition, (1) i f you demonstrate to the arbitrator that you are economical ly unable to pay your portion of the Arbitration Fees or i f the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, webookcare wi l l pay your portion of such fees, and (2) i f you demonstrate to the arbitrator that the costs of arbitration wi l l be prohibitive as compared to the costs of l itigation, webookcare wi l l pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party wi l l be solely responsible for al l other fees it incurs in connection with the arbitration, including without l imitation, al l attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse webookcare for al l fees associated with the arbitration paid by webookcare on your behal f that you otherwise would be obl igated to pay under the JAMS or ICDR Rules.
• 17.7 Confidential ity. Al l aspects of the arbitration proceeding, and any rul ing, decision or award by the arbitrator, wi l l be strictly confidential for the benefit of al l parties.
• 17.8 Severabi l ity. If any term, clause or provision of this Section 17 is held inval id or unenforceable, it wi l l be so held to the minimum extent required by law, and al l other terms, clauses and provisions of this Section 17 wi l l remain val id and enforceable.
• 17.9 Opt-Out Procedure. You can choose to reject this Arbitration Agreement by mai l ing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section 17.9. The Opt-Out Notice must be postmarked no later than 30 days after the date you accept these Terms for the first time. You must mai l the Opt- Out Notice to Webookcare, Inc., Attn: Legal , PO Box 751, Gibsons, BC V0N 1V0. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the emai l address(es) used to register for the webookcare service to which the opt-out appl ies. You must sign the Opt- Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, the entire Arbitration Agreement wi l l not apply with respect to you, but the remainder of these Terms wi l l continue to apply. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. By opting out of binding arbitration, you are agreeing to resolve Claims (including Excluded Claims) in accordance with Section 18.
• 17.10 Future Changes to this Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, you agree that i f we make any change to this Arbitration Agreement (other than a change to any notic e address or website l ink provided herein) in the future, that change wi l l not apply to any claim that was fi led in a legal proceeding against webookcare prior to the effective date of the change. Moreover, i f we terminate this Arbitration Agreement by removing it from these Terms, such termination wi l l not be effective unti l 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and wi l l not be effective as to any claim that was fi led in a legal proceeding against webookcare prior to the effective date of removal .

18. Governing Law and Jurisdiction.

• 18.1 For users in Canada, these Terms, and any dispute between you and webookcare, wi l l be governed by the laws of the British Columbia, without regard to principles of confl icts of law, except that the Federal Arbitration Act wi l l govern the interpretation and enforcement of Section 17 (the Arbitration Agreement). Unless you and we agree otherwise, or except where prohibited by appl icable law, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that arises between you and webookcare must be resolved exclusively by a provincial or supreme court located in the Province of British Columbia. You and webookcare agree to submit to the personal jurisdiction of the courts located within Vancouver, British Columbia for the purpose of l itigating al l such claims or disputes.
• 18.2 For users in the EEA (and the United Kingdom should it no longer be part of the EEA), the laws of England shall govern these terms, except that i f you l ive in a country outside of England but within the EEA, certain mandatory appl icable laws of your country wi l l apply for your benefit and protection in additi on to or instead of certain provisions of Engl ish law. Any dispute that arises between you and webookcare must be resolved by the Engl ish courts or the courts in your country i f you l ive in the EEA outside of England.
• 18.3 If you are a consumer in the European Economic Area, the European Onl ine Dispute Resolution platform http://ec.europa.eu/consumers/odr provides information about alternative dispute resolution, which you may use i f there is a dispute that cannot be resolved between you and the relevant pa rty.

19. Miscel laneous.

• Nothing in these Terms wi l l be construed as making either party the partner, joint venturer, agent, legal representative, employer, worker, or employee of the other. Neither party wi l l have, or hold itsel f out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that wi l l be binding on the other, except as provided for herein or authorized in writing by the party to be bound. These Terms are non-exclusive and do not prohibit Caregivers from offering home care services via other means or third parties. The inval idity, i l legality or unenforceabi l ity of any term or provision of these Terms wi l l in no way effect the val idity, legal ity or enforceabi l ity of any other term or provision of these Terms. In the event a term or provision is determined to be inval id or unenforceable, the parties agree to replace such term or provision with a term or provision that is val id and enforceable and that comes closest to ex pressing the intention of the inval id or unenforceable term or provision, and these Terms wi l l be enforceable as so modified. To the maximum extent possible under appl icable local law, this Agreement wi l l be binding on and wi l l inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

For questions or concerns about the webookcare service or these Terms, please refer to the webookcare Help Centre, or contact Customer Relations.