Please read this agreement carefully before accessing or using this service. This agreement sets out the terms and conditions under which you may use the website Daycareseekers.com. By accessing or using this service, you agree to be bound by the terms and conditions below. DaycareSeekers.com may revise these terms and conditions at any time by updating this posting. You should visit this page periodically to review the terms and conditions as your continued use of this Website following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes and will be binding on you.
In this Agreement:
In this Agreement, unless the context otherwise requires:
When you become a registered user, you are provided with a password and login name. You agree to be entirely responsible for any and all activities that occur under your login name.
You are entirely responsible for maintaining the confidentiality of your password and login. You may change your password at any time by following instructions published on Daycareseekers.com.
You agree to immediately notify DaycareSeekers.com of any unauthorised use of your login name or any other breach of security known to you.
Daycareseekers.com is a venue only and acts as a communications platform for enabling the connection between prospective employers of Carers ('Parents') and candidates seeking to provide child care services or Child Care Providers. DaycareSeekers.com does not screen or censor the listings offered. DaycareSeekers.com is not involved in the actual transaction between Parents and Carers or Child Care Providers. All users including Parents, Child Care Providers and Carers do hereby represent, understand and expressly agree that DaycareSeekers.com does not have control over the quality, timing, safety, legality or any other aspect whatsoever of the truth or accuracy of the information posted, the services actually delivered by the Carers, Child Care Providers or Agencies nor the integrity, or responsibility for any of the actions whatsoever of the Parents.
Both Parents and Carers acknowledge that there is no employee-employer relationship or independent contractor relationship between the Carers and DaycareSeekers.com.
This Website provides a listing of Child Care Providers located throughout Canada. We do not represent that this Website provides a complete list of Child Care Providers in a particular area although Child Care Providers are welcome to list themselves on the Website free of charge. This listing is a free information service for our Users only and these Child Care Providers have not been screened or endorsed by DaycareSeekers.com. Vacancy information is provided by Child Care Providers on a voluntary and self-service basis. In addition, our Website enables Parents to join the waiting list for some of these Child Care Providers upon payment of any applicable Waitlist Fee. Waitlist Fees are set by Child Care Providers and are beyond the control of DaycareSeekers.com. You should make your own enquiries before completing the waitlist application or using the services of any of the Child Care Providers listed on the Website, as DaycareSeekers.com makes no representations about the accuracy of the information provided, or the quality or availability of the services they provide. DaycareSeekers.com has no influence over or any means of ensuring that Child Care Providers consider Vacancy Alerts and Waitlists provided through the Website in allocating any available places at their service, and Parents should contact the relevant Child Care Providers directly to ensure their position on any Waitlist. Whilst Vacancy Alert is a tool offered to Parents to assist in their child care search, it should not be relied upon as a Parent's sole avenue of locating available child care.
DaycareSeekers.com does not provide any representations or warranties relating to the Carers or the service provided by the Carers. DaycareSeekers.com provides a referral service only and background reference checks or investigations related to Carers or the service to be provided by the Carers or Child Care Providers and Agencies are the sole responsibility of the Parent.
Any enquiries regarding the wages and conditions of Carers, or information regarding background reference check should be referred to the Agency or Child Care Provider concerned.
Further, DaycareSeekers.com makes no representations or warranties as to the online availability of its website and database. DaycareSeekers.com will not be responsible in any way for the availability of the website services and information.
DaycareSeekers.com will not moderate any information posted by any User on the Website except for circumstances where information is drawn to the attention of DaycareSeekers.com as inappropriate by a User.
Information published by DaycareSeekers.com on the website is intended to provide general information only. DaycareSeekers.com does not warrant the accuracy, reliability, currency, or completeness of such information. You agree that DaycareSeekers.com will not be liable to You or anyone else for any loss resulting from any decision made or action taken by you or anyone else in reliance upon any information or material posted on this Website.
Not all Child Care Service Providers may be represented in our referral services Child Care Connect and Child Care Concierge.
Fees payable to DaycareSeekers.com are payable on a pre-paid basis.
DaycareSeekers.com subscription services which include our Spot Alert and Premium service are for a fixed term and:
Without limiting our other rights and remedies at law, in the event of late or non-payment, DaycareSeekers.com may:
The Fee charged by child care providers is determined by them and the Booking Fee and Carer Rates charged is determined by each individual Agency (representing a Carer) and not DaycareSeekers.com. The Carer's fees are determined by, and payable to each individual Carer.
Some Agencies have entered into an agreement with DaycareSeekers.com for the payment of Booking Fee to be made to DaycareSeekers.com. In this circumstance, DaycareSeekers.com collects the fee and then pays a transaction fee to the Agency. In other circumstances Agencies have entered into an agreement with DaycareSeekers.com for the payment of fees to be made directly into their own payment system and merchant facility. Neither of these arrangements affects the acknowledgments made elsewhere in this agreement regarding the legal relationship between the Parents, Carers and DaycareSeekers.com.
If you have a concern or dispute regarding:
If you have a concern or dispute regarding the Booking Fee charged to you then the following procedures are to be followed:
It is noted that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons, or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come in contact through DaycareSeekers.com.
All Users including both parents and Carers do hereby expressly agree not to hold DaycareSeekers.com (or its agents, assigns, representatives, advertisers or employees) liable for any instruction, advice or services delivered which originated through the Daycareseekers.com Website and releases DaycareSeekers.com from liability for any damages, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown there from.
To the extent permitted by law, the Parent covenants and agrees to release DaycareSeekers.com, its successors and assigns, as well as its officers and agents, from all actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute which they may have, or but for this Agreement would or might at any time hereafter have or have had against DaycareSeekers.com in respect of, arising out of or resulting from the provision of any services to the Client by Carers, Agencies or Child Care Providers from any other cause relating thereto, including but not limited to, the negligent acts of the Carers, Agencies or Child Care Providers.
To the extent permitted by law, the Carer release DaycareSeekers.com, its successors and assigns, as well as its officers and agents, from all actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute which they may have, or but for this Agreement would or might at any time hereafter have or have had against DaycareSeekers.com in respect of, arising out of or resulting from the actions of DaycareSeekers.com or the release of the Carer's personal information on the Website.
The Carers agree that the DaycareSeekers.com shall not be liable to the Carer or to any other person, for incidental or consequential losses, damages, or expenses, directly or indirectly arising from any action or omission by either a Parent, an Agency or DaycareSeekers.com.
Users acknowledge that under no circumstances shall DaycareSeekers.com be liable for the Agency’s, Carer’s, or Child Care Provider’s fees.
DaycareSeekers.com are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted, or otherwise made available on the Website by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted, or otherwise made Material available on the Website simply by facilitating others to upload, post, transmit or otherwise make Material available.
To the extent permitted by law, DaycareSeekers.com excludes all liability relating to your use of the Website or our products and services. To the extent that our liability cannot be excluded by law, our liability will be limited, at our option to the re-supply of our products or services, or the amount(s) paid by You (if any) for our products and services. In no circumstances will DaycareSeekers.com be liable to Users for any indirect, incidental, special, and/or consequential losses or damages (including loss of profits, goodwill, data, or opportunity).
The Privacy Act protects personal information about individuals handled by organisations. Personal information is information or an opinion that identifies an individual or allows their identity to be readily determined from the information. It includes information such as a person's name, address, financial information, marital status, or billing details. Some personal information, including information about ethnicity, religion and health is considered to be sensitive.
You consent to allow DaycareSeekers.com to collect personal information about you, including information that is considered to be sensitive, so as to permit DaycareSeekers.com to carry out its services and activities.
DaycareSeekers.com may use Application Programming Interface (API) software to send parent enquiries, request to tour, waitlists and Spot alert registrations to CRM systems managed by Child Care Providers in order for those systems to manage the enquiry/request to tour, waitlist or spot alert request. The API software may be the property of DaycareSeekers.com or a third party. You consent to the transmission of your information, including personal information in this way.
Users who are Agencies or Child Care Providers undertake that they will only collect, hold, use and disclose personal information obtained through the Website or an API from leads generated by Parents submitting enquiries, for the sole purpose of contacting the person in connection with their enquiry.
DaycareSeekers.com takes all reasonable steps to ensure the security of our systems. Any information which we hold for you is stored on secure servers that are protected in controlled facilities. In addition, our employees and the contractors who provide services relating to our information systems are obliged to respect the confidentiality of any personal information held by DaycareSeekers.com. However, DaycareSeekers.com will not be held responsible for any loss that may arise from unauthorised access to your personal information.
Advertisers on Daycareseekers.com have been asked to comply with Canadian Privacy Principles with regard to their information handling practices. However, the use of any information given to advertisers is not within the control of DaycareSeekers.com and we cannot accept responsibility for the conduct of these Advertisers.
This Website also contains links to other sites. DaycareSeekers.com is not responsible for the privacy practices or the content of such third-party websites.
DaycareSeekers.com exercises all due care to ensure that your information is secure on its system, however, the possibility exists that this information could be unlawfully observed by a third party while the data is being transmitted over the internet or while stored on Daycareseekers.com. DaycareSeekers.com accepts no liability that may arise should any other individuals obtain the information you submit to this Website.
Third Party services and products either:
DaycareSeekers.com is not responsible for the content of Third-Party websites or advertisements and does not make any representations regarding the content or accuracy of materials on such Third-Party websites or advertisements. DaycareSeekers.com will not be liable for any damages or loss arising in any way out of or in connection with any information or third-party service provided.
This Website contains Material, which is protected by Canadian and international copyright and trademark Laws and remain the property of DaycareSeekers.com. You may not sell or modify the Material or copy, reproduce, display, upload, distribute or otherwise use the Material in any way for any public or commercial purpose. You may download Material from this Website for your personal, non-commercial use provided you keep intact all copyright and other proprietary notices.
DaycareSeekers.com does not warrant that the Website will operate error-free or that the website and its server are free of computer viruses or other harmful mechanisms. DaycareSeekers.com will not be responsible if your use of the Website or of the Material results in the need for servicing or replacing of equipment or data. You must take your own precautions to ensure that your access to this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference.
Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation:
Users may not use the Website in order to post, transmit, distribute, store, or destroy material:
DaycareSeekers.com values user feedback, and in particular encourages parents to post testimonials, ratings, and reviews on the Website about their experiences. You acknowledge and agree that:
DaycareSeekers.com can reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including your name, ideas for new or improved products and services) that you submit to the Website or by email to Daycareseekers.com.
You shall indemnify to Daycareseekers.com against all damages, losses and expenses incurred to Daycareseekers.com arising as a result of any material posted, submitted, or linked to our Website by You and subsequently published.
DaycareSeekers.com does not represent or guarantee the truthfulness, accuracy, or reliability of communications, testimonials, ratings, or reviews posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
DaycareSeekers.com reserves the right to remove Users from the Website for defamatory, obscene, threatening, abusive, hateful, or embarrassing actions or behaviour.
Child Care Providers, by signing up to our Services, and by uploading, or otherwise making available Material to DaycareSeekers.com for the publishing or uploading to the Website:
DaycareSeekers.com lead generation service Child Care Connect is not transferable or refundable and we do not guarantee any minimum number of leads will be generated for Child Care Providers, nor do we guarantee to Child Care Providers that Child Care Connect will convert to a place/enrolment at your service.
Agencies and Child Care Providers shall be responsible for keeping their listings (including vacancy and fee information) current and up to date on the Website. You shall indemnify DaycareSeekers.com against all damages, losses and expenses incurred to DaycareSeekers.com arising as a result of any material posted, submitted, or linked to our Website by You and subsequently published.
We may terminate this agreement, or the subscription services provided to you without cause by giving you at least 30 days’ notice. Without limiting our other rights, we may immediately terminate or suspend in part or entirely this agreement or your services if:
It is agreed that there is no representation, warranty, collateral agreement, or condition affecting this agreement except as expressed in it. Furthermore, it is agreed that this written instrument embodies the entire agreement of the parties with regard to the matters dealt with in it, and that no understandings or agreements, verbal or otherwise, exist between the parties except as expressly set out in this instrument.
The invalidity or unenforceability of any provision of this Agreement shall not invalidate or render unenforceable the remaining provisions of this Agreement, but rather the void, illegal or invalid provision or provisions shall to the extent possible be severed from this Agreement and the remaining provisions shall continue in full force and effect, provided that the basic and underlying nature, purpose and intent of this Agreement is not materially altered.
The rights and obligations of the parties hereto shall not merge upon completion of any transaction contemplated by this Agreement but shall survive the execution and delivery of any instrument entered into for the purpose of completion.
This Agreement shall be governed by the laws of the Province of British Columbia, Canada and the parties submit to the jurisdiction of the Courts within that State.