TERMS OF USE
ASSOCIATES/PARTNERS
Use of this Site is governed by the following Terms and Conditions. As Users of this Site and its services, you agree to these Term of Use, be bound by, and abide by this agreement and by all applicable laws and regulations.
Fil-Care Direct reserves the right, at its sole discretion to change, modify, add and delete portions of these Terms of Use at any time with or without further notice.
OUR SERVICES
FIL-CARE DIRECT is a helplink resourse site for PSWs/Caregivers looking for potential clients for work; and Families searching for PSWs/Caregivers for non-medical homecare services.
Fil-Care Direct provides a platform of support tools for Users/ members who wants to join
Fil-Care’s Shared Business Opportunity ( SBO), registering as an Associate or Partner.
- An Associate member ( Area Manager) shall manage the marketing of PSWs & care services on an exclusive territory on his own choosing in behalf of Fil-Care Direct.
- A Partner member ( Account Manager) shall manage the marketing of PSWs & care services per individual in any area not occupied or under territorial Contract.
ACCOUNT ELIGIBILITY
By registering to use our services, you represent, warrant that:
- You are 18 years of age or older and have the capacity to form legally binding contracts under applicable laws.
- Any registration, use or access the service by anyone under the age 18 years old is unauthorized and is a violation of this agreement.
- Associate/ Partner must be Canadian citizen or legal resident or hold a valid Canadian working visa.
LIMITATIONS OF OUR SERVICES
Fil-Care Direct is not a homecare agency, is not a recruitment agency, is not an employment agency nor the employer of Associates or Partners.
It is understood and agreed that this is an agreement for the performance of services and that the relationships of the parties to each other is that of independent contractors.
PRIVACY
When you registered as an Associate/Partner and use this site and services, you agreed and consent to the collection, storage, use and disclosure of your personal information.
We collect only information that is necessary for us to make informed decisions in choosing the right individual for Fil-Cares Shared Business Opportunity (SBO). We disclose your personal information for purposes other than those for which it was collected and intended.
We use this information to:
- To service your account
- To communicate with you
- To verify information you provide us
- To determine your eligibility
- For administrative support like billing, collection and processing of payments.
Personal Information are collected from you:
- When you register as a member
- When you log in
We implement security measure to protect your personal information. However, you are responsible for maintaining the confidentiality of your password and accounts and all its activities.
We may change any or all of the provisions in our Private Policy from time to time. We will notify you about this changes by placing a prominent notice in this site or through email. Your continued use of this site and services after such changes construed your acceptance of these changes.
SITE RESTRICTIONS
Your account is for your sole personal use. You are responsible for all activity of your account.
You may not assign or otherwise transfer your account to any other person or entity.
You have agreed that you will not:
- Use another Users account whatsoever.
- Provide false, inaccurate information, misleading, defamatory that will give rise to claims for damages and other criminal offense.
- Use of the site for any reason other than the sole purpose ofmarketing PSWs and care services.Associates/Partners will not circumvent any services of this site by soliciting Clients/PSWs to contact, hire pay outside of the Site.
- Associates/Partners will not accept proposals, or solicit parties to contact, deliver services, invoice and receive payments outside of the Site.
- Use the Site for commercial use for the purpose of brokering by any individual, company or agency benefiting at the expense of Fil-Care Direct.
Fil-Care Direct reserves the right to take appropriate actions including but not limited to cancelling or terminating Users membership and the use of this Site.
Fil-Care Direct reserves the right to seek further compensatory damages at its discretion should Users be found violating the Term of Use Agreement.
FIL-CARE DIRECT RESERVES THE RIGHT AT ITS OWN DISCRETION TO SEEK FURTHER COMPENSATORY DAMAGES FOR SUCH VIOLATIONS OF THIS POLICY.
REGISTRATION
To access the Site, use its features and to market PSWs & its care services, you need
to register as an Associate or Partner and pay the one time set up fee of $ 100.00
MEMBERSHIPS
Membership fee is $ 2,000 for one year. In the start-up year, in support for the Associate, membership fee will be deductible on the commissions earned until fully paid. This would
give the Associates and Partners ease in starting their business.
Associates/Partners who are no longer active, or contracts are terminated, can still receive all their commissions from their registered clients who’s service is still ongoing as long as their membership is not expired. Members can renew their membership yearly.
COMMISSIONS
Associates and Partners will be paid a commission per hour of care service rendered to their
Clients less marketing materials & other expenses used in its marketing activities for the month.
Payments will be every 4th Friday of the month through direct deposit.
TERRITORY
For Associates exclusive territory will be based on postal code. One postal code, one territory,
One unit. An Associate can apply 2 or more units depending on his ability to manage and can meet the quota of each unit of 6 registered clients for 2 quarters ( 6 months ) from the effective date of the contract.
TERMINATION
Either the Company or Associate/Partner may terminate the Agreement at anytime with a minimum of 14 days written notice to the other party.
Upon termination, the Associate/Partner shall immediately cease to describe himself as an authorized Associate/Partner of the Company.
CONFIDENTIALITY
Associates/ Partners shall keep the Company’s business secrets including but not limited to Clients, PSWs, Associates and Partners information, business plans, research and development Information, financial information, advertising and marketing scheme, software, computer programs, or disclose in any manner whatsoever, or disclose them to any third party during and after termination of the marketing rights.
NON-COMPETE
Associate/ Partners shall not market or in anyway assist anyone else to market PSWs and its care services that competes with the Company and or will not directly or indirectly for 10 years engage in any business that competes with the Company during or after the termination of the marketing rights.
Non compliance are considered to be a violation and a Breach of Contract or Agreement.
The Company reserves the right at its own discretion to seek compensatory damages.
RELEASE OF LIABILITY
Fil-Care Direct is not liable for the accuracy or reliability of any information provided by the Users on or off the Site.
Fil-Care Direct will not be held responsible, expressly disclaims any liability whatsoever for any claims or demands or damages direct or indirect, of every kind and nature, disclosed or undisclosed arising out of or in any way connected with such issues.
By using this site, you understand and agree to indemnify and hold Fil-Care Direct harmless for any claim or controversy that may arise for any dispute between you and other users of this Site.
INDEMNIFICATION
By agreeing to the Terms of Use, you agree to indemnify, defend and hold harmless Fil-Care Direct, its officers, directors, partners, agents, successors and employees from any claims, losses, demands including reasonable legal fees, made by any third party arising out of your breach or violation of the Term of Use agreement or your violation of any applicable laws or rights of a third party.
GENERAL PROVISIONS
These Terms and Conditions (“Use”) shall be construed in accordance with and governed by the Laws of the Province of Ontario, Canada, and the parties submit to the exclusive jurisdiction of the Court of the Province of Ontario.