TERMS OF USE
Use of this Site is governed by the following Terms and Conditions. As Users of this Site and its services, you agree to these Terms 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 or delete portions of these Terms of Use at any time with or without further notice. Continued use of this site after such changes construed your acceptance of the revised terms and conditions.
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 (Communication and Administrative) for PSWs and Clients:
- Fil-Care Direct provides online sites for Clients to post jobs specific to their needs for homecare services and PSWs / Caregivers to post their profiles for possible job opportunities.
- For Clients searching for a care provider we provide a convenient way and easy access to a directory of PSWs/Caregivers with their profiles of skills and experiences. These important information helps the client to make an informed decisions to choose the right person to meet their needs.
- For PSWs /Caregivers looking for work, we provide a directory of potential clients looking for homecare services that matches their skills and experiences.
- We provide an online communication platform for Users, Client and PSW/Caregiver making it easier, efficient, keeping your privacy safe and secure until a contract of agreement is reached by both parties.
- We provide Administrative support, which means no paperwork and no collection, Fil-Care Direct will do the Invoicing, Time Sheet management, collection and payment processing.
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 of 18 years old is unauthorized and is a violation of this agreement.
- PSW/Caregiver must be Canadian citizen or legal resident or hold a valid Canadian working visa.
- PSW must be certified/ registered personal support worker, must have a Police Clearance and certified trained in First Aid and CPR.
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 PSWs/Caregivers.
PSWs work as self-employed and Clients needing homecare services directly hire them as independent contractor.
Fil-Care Direct is not a party to any agreement contracted by the Client and the PSW. Fil-Care Direct only provides communication and administrative platform for PSWs looking for work and Clients searching for PSWs/Caregivers for homecare services.
Fil-Care Direct does not direct care. We provide no assurance or representation, express or implied regarding the quality or legality of the services actually delivered by the PSW/Caregiver or the integrity, responsibility or actions of potential Clients and PSW/Caregivers.
Clients and PSWs/Caregivers are responsible for interviewing, performing reference checks, requests supporting documents and verifying information each provided in their profiles.
Clients are responsible for complying with all applicable employment laws and regulations in connection with any employment relationship they established.
PSWs and Caregivers are responsible for keeping tracks of their revenues and expenses, file and remit their annual income returns.
SITE RESTRICTIONS
Your use of the site including but not limited to the content you post must be in accordance with any and all applicable laws and regulations.
Your account is for your sole personal use. You are responsible for all activity and use 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 of seeking PSWs/Caregivers with the intent of hiring them for homecare services and PSWs/Caregivers looking for their own clients for work.
- Clients will not circumvent any services of this site by soliciting PSWs/Caregivers to contact, hire and pay outside of Site.
- PSWs/Caregivers 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.
You agree that you will not include contact information such as email or phone numbers on the Site and you agree that all communications with other member Users regarding contracts, jobs and payments will take place in the Fil-Care Direct site.
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, but not the obligation, to monitor the content of the service including any chat rooms to determine compliance of the Term of Use agreement.
NON-CIRCUMVENTION
You agree not to circumvent the services offered by Fil-Care Direct on this site. By way of illustration and not in limitation of the foregoing, you must not:
- Submit proposal or solicit Users identified through the site to contact, hire, manage or pay outside the Site.
- Accept proposals or solicit Users identified through the site to contact, deliver services, invoice or receive payments outside the Site.
- Invoice or opt-out request an invoice or payment amount lower than that actually agreed upon between the client and the PSW/Caregiver.
FIL-CARE DIRECT RESERVES THE RIGHT AT ITS OWN DISCRETION TO SEEK FURTHER COMPENSATORY DAMAGES FOR SUCH VIOLATIONS OF THIS POLICY.
You agree to notify Fil-Care Direct immediately if another person improperly contact you or suggests making or receiving payment outside of this Site. If you are aware of a breach or potential breach of this non-circumvent policy, please submit confidential report by email to Fil-Care Direct.
REGISTRATION
To access the Site and use its features, you are required to provide true, accurate, current and complete information about yourself. You are solely responsible for maintaining the confidentiality of your registered information and password.
Without limiting to the foregoing, you represent and warrant to us that you have the right and authority to post all information about yourself and others. You further represent and warrant that public posting and use of your content by Fil-Care Direct will not infringe or violate the rights of any third party.
You understand and agree that Fil-Care Direct in its sole discretion, review and delete any content in whole or in part that might be offensive, illegal or violates the rights, harm, and threathens the safety of the Users of this site or otherwise violates the Term of Use agreement.
Fil-Care Direct is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by the Users of this site.
You hereby represent, understand and agree to hold Fil-Care Direct harmless for any mistrust and /or misrepresentation made by you on this site or in others.
CANCELLATION AND TERMINATION
Fil-Care Direct reserves the right, in its sole discretion, to suspend or terminate your access to all or part of the site, remove your profile or any content posted by you or about you, should Fil-Care Direct determines you are not eligible to use its services, you provide false information, misused or misappropriated the site content, including but not limited to, use on a competitive third party site.
If we terminate your membership for any reason, we reserve the right to send a notice of termination to other registered Users with whom we believe you have corresponded or to any third party directly related to the services we provide.
BILLINGS AND PAYMENTS
Policies and Procedures:
- Clients and PSWs/Caregivers need to be registered before payments can be processed.
- PSWs/Caregivers are paid at an hourly rate.
- Work week starts Monday and ends Sunday.
- Bills or invoice are sent every Friday and client have 48 hours to review and accept or reject.
If no action is taken, card will be charged automatically every Monday.
- Clients are billed for care services per hour.
- Clients may make payments with their Debit Card, Credit Card or through checks.
Before a Care Service Contract starts, the client is required to deposit a minimum amount equivalent to one (1) week pay on escrow until the service is terminated. This is to ensure that the client have sufficient funds available to make timely payments.
Fil-Care Direct has no responsibility and will not be a party for any pay disputes between the Client and the PSW/Caregiver.
Fil-Care Direct in its own discretion may withhold or delay payments in the event of pay disputes between the Client and PSW.
EXCLUSIVITY
As a registered User /Member:
- You agree to use this Site as your exclusive method of communication to other Users until a Care Service Contract has been contracted.
- To request, make, receive all payments for care services through Fil-Care Direct payment processing platform.
However, you may opt-out of this obligation by making a formal request in agreement by both parties (Client and PSW ) to Fil-Care Direct email and pay the opt-out fee of $1,500.
DISCLAIMER
Fil-Care Direct makes no warranties either express or implied concerning the content of the Site, including the accuracy, completeness, reliability and suitability of the Site nor the suitability of any registered User of the Site to provide services as a caregiver or to employ the services of the caregiver.
Fil-Care Direct does not warrant the functionality of the site nor the use of its services to be secure, error-free, uninterrupted, free from virus or other harmful component or that any defect in the service will be corrected.
Fil-Care Direct is not a homecare agency, is not a recruiting or employment agency nor an employer or agent of PSW.
Nothing in the Term of Use agreement shall be construed as making either party the partner, joint venture, legal representative, contractor or employee of the other.
To the maximum extent permitted by law, Fil-Care Direct disclaims any liability whatsoever for any misstatements and/or misrepresentations made by the Users of the Site.
RELEASE OF LIABILITY
Fil-Care Direct is not liable for the accuracy or reliability of any information provided by the PSWs/Caregivers and the Clients on or off the Site.
Users are solely responsible for interviewing, performing reference checks or verifying information in selecting an appropriate PSWs or potential clients.
Fil-Care Direct is not responsible for the conduct of the Users of this Site. Any agreement between the Client and the PSW/Caregiver regarding the provisions of services is solely between the Client and the PSW/Caregiver. Fil-Care Direct is not a party to such agreement. Any Issues concerning the conduct of the Client or the PSW including, without limitations, the services received by the Client or payment due to the PSW, must be resolved directly by the Client and the PSW/Caregiver.
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.
Users accept and willingly understands all risks associated in dealing with individuals that you come into contact through this site including but not limited to bodily harm, damage of property or financial loss.
INDEMNIFICATION
By agreeing to the Terms of Use, you agree to indemnify, defend, and hold harmless Fil-Care Direct, its officers, directors, partners, agents, assigns, 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 Terms of Use agreement or your violation of any applicable laws or the 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.