Terms of Use
Birdie Break Inc.
YOU AGREE TO THESE TERMS OF USE WHEN YOU BROWSE OUR SITE, DOWNLOAD THE APP AND USE OUR SERVICES. YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION IN CERTAIN CIRCUMSTANCES. READ THIS DOCUMENT CAREFULLY.
These Terms of Use (the “Terms”) set forth the terms and conditions under which individuals residing in Canada may use the Birdie Break Inc. web site or mobile application (collectively, the “Site”), and/or the Birdie Break Inc. Services (described below).
Please read these Terms before using the Site or Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms in their entirety whether or not you register as a user of the Site or Services (“Registered Users”).
These Terms incorporate by reference and adopt the Birdie Break Inc. Privacy Policy published on birdiebreak.com (the “Privacy Policy”) and all other policies, rules and terms and conditions as set forth in the Service materials, either in print or on our Site or App (collectively, the “Policies”). If you object to anything in these Terms, the Privacy Policy or the other Policies, do not use the Site or the Services.
These Terms, including the Privacy Policy and the other Policies, are subject to change by Birdie Break Inc. at any time. We will notify you about significant changes in these Terms by sending a notice to the email address registered in your account, or by placing a prominent notice on our Site, so that you can choose whether to continue using our Services. Significant changes will go into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated terms on our Site. Notwithstanding the foregoing, for residents of Quebec, the notice for significant changes will set out the new clause only, the date of the coming into force of the amendment and, if the amendment entails an increase in your obligations or a reduction in our obligations, then you may refuse the amendment and cancel the contract without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the amendment comes into force. Residents in all Provinces should periodically check birdiebreak.com for updates. Your continued use of the Site or the Services after the effective date of any change will constitute acceptance by you of such change.
For purposes of these Terms, the “Site” shall mean the birdiebreak.com web site and any affiliated websites, web pages, mobile applications and mobile websites operated by Birdie Break Inc., a corporation incorporated in Canada (“Birdie Break Inc.”). The “Services” shall mean any of the various services that Birdie Break Inc. provides through the Site or any other channels, including over the telephone.
1. Description of services; limitations; user responsibilities;
2. Eligibility to use the site and services; representations and warranties;
3. Rules for user conduct and use of services;
4. Verification checks;
5. Termination of registration;
6. Privacy;
7. Links to external sites;
8. Payment and refund policy for Families;
9. Release of liability for user conduct and disputes;
10. Age restrictions;
11. Disclaimers; limitations; waivers; indemnification;
12. Jurisdiction and choice of law;
13. Miscellaneous; and
14. Contact information.
Article 1. Description of services; limitations; user responsibilities
1.1. About our Services
Birdie Break Inc.’s mission is to provide an online venue for seekers of child care and tutors (“Families”) to find and hire providers of child care and tutor services (“Providers”) to connect with each other, arrange care, and share advice. We work to fulfill this mission by making available online communication tools, information, and an extended network of Families and Providers that help our users find and coordinate quality care for children. The Services we offer include, among others:
We enable individuals seeking child care and tutor services (“Families”) to enter their information and required services into the Site and use the resulting posts to search the Site and create requests, and individuals who provide care services (“Providers”) to submit profiles to those request.
We provide search tools to help Families find individual Providers that meet their specific needs and preferences and enable Families and individual Providers to connect with each other by providing contact information once mutually agreed upon.
We provide tools and information to help Families and Providers make informed decisions, such as a process for Providers to provide references to Birdie Break Inc.
Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.
1.2. Limitations of our services
We offer an online forum that, among other things, enables Providers to post profiles and interact with Families for potential employment opportunities.
However, we do not employ any Providers nor are we an employment agency or a recruitment agency for any Provider or Family. We do not provide referral services. We do not charge Providers a fee, a commission or other compensation based on a decision to, or not to, enter into an employment or independent contractor arrangement.
Except as described in these Terms and the Privacy Policy (see below), we do not verify, review, evaluate, interview, screen, vet or perform background checks on Providers or Families nor do we verify any content posted to the Site by a Provider, Family or others.
We are not a party to any agreement between a Provider and a Family further to that which was created and is managed on our Site.
There are risks, including but not limited to risk of physical harm, when you deal with someone you connect with through our Site. You assume all risks associated with dealing with other persons with whom you come in contact through the Site.
We provide no assurance or representations (express or implied) regarding the quality, timing, or legality of the services actually delivered by Providers or the integrity, responsibility or actions of Families or Providers. We do not refer or recommend either Families or Providers nor do we make any representations about the suitability, reliability, timeliness, and accuracy of the services provided by Providers or the integrity, responsibility or actions of Families or Providers whether in public, private or offline interactions.
Family and Provider content is primarily user generated, and Birdie Break Inc. does not control or vet user generated content for accuracy as a general matter. Birdie Break Inc. does not assume any responsibility for the accuracy or reliability of any information provided by Providers or Families on or off this Site. The sole exception to this provision is if Birdie Break Inc. decides to take its own photographs of the Providers, which it may do in its sole, absolute, and unfettered discretion.
Birdie Break Inc. is not responsible for the conduct, whether online or offline, of any user of the Site or the Services. Moreover, Birdie Break Inc. does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. All users, including both Families and Providers, do hereby expressly agree not to hold Birdie Break Inc. (or Birdie Break Inc.’s officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, resellers, or employees, hereinafter “Affiliates”) liable for the actions or inactions of any Family or Provider or for any information, instruction, advice with originated or services that were arranged through the Site, and, to the maximum extent permissible under applicable law, Birdie Break Inc. and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
PLEASE REVIEW THE DISCLAIMER OF LIABILITY, LIMITATION OF LIABILITY AND INDEMNITY PROVISIONS BELOW.
1.3. User Responsibilities
You are solely responsible for interviewing, verifying information provided by, and selecting an appropriate Family or Provider.
Subject to applicable law, we may, at our option, conduct limited screening of a Family or Provider through verification checks or reference checks, as further described in section 4. Do not rely on this limited screening as complete, accurate, up-to-date or conclusive of the individual’s or entity’s suitability as an employer or care provider.
Each Family is also responsible for complying with all applicable employment, non-discrimination and other laws in connection with any employment relationship they establish, including verifying the age of the Provider they select is 18 years of age or older as well as the Provider’s eligibility to work in Canada.
Article 2. Eligibility to Use the site and services; representations and warranties
To be eligible to use our Services, you must meet the following criteria:
You must be eighteen (18) years of age or older and have the capacity to form legally binding contracts under applicable law. If you are not eighteen (18) years of age or older do not register to use the Site or Services.
You must reside in a postal code region in which Birdie Break Inc. currently offers the Services.
If you are a Family, you must be a citizen or legal resident of Canada or hold a valid Canadian visa.
If you are a Provider, you must be a citizen or legal resident of Canada or hold a valid Canadian visa entitling you to work in Canada. IF YOU ARE A PROVIDER AND NOT LEGALLY ENTITLED TO WORK IN CANADA DO NOT REGISTER TO USE THE SITE OR SERVICES.
If you are a Provider, you must possess at least the minimum qualifications:
A satisfactory Canadian Police Information Check;
Two satisfactory references; and
Valid Choking/CPR training for all ages.
Birdie Break Inc. will determine if your qualifications are satisfactory in its sole, absolute, and unfettered discretion.
You must not access our Services for reasons that are in competition with Birdie Break Inc.
By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof.
By requesting to use, registering to use, and/or using the Site or the Services, you represent and warrant that you will not retain or provide the Services from a Provider or to a Care Taker with whom you connected to on the Site by any method outside of the Site.
Because of the type of care services, the setting of the care services and the nature of the relationship between Provider and Family, you represent and warrant that you (i) have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any criminal offense involving violence, abuse, neglect, theft or fraud, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, and (ii) are not nor have ever been registered, and are not currently required to register, as a sex offender with any government entity.
By using our Services, you agree that we may request verification checks using your Personal Information, in accordance with our Privacy Policy. We do this to verify the information you provide us (such as your name, address, email address, etc.), the representations and warranties you make in the Terms and on the Site (such as representations regarding your criminal background), and your suitability for Birdie Break Inc. The results of these verification checks are made available to Birdie Break Inc.
We may use third party service providers to perform these verification checks. Our third party service providers may conduct verification checks against a variety of materials which, subject to applicable law, may include but not be limited to media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, criminal databases, sex offender registries and other data to perform these verification checks.
Article 3. Rules for user conduct and of services
3.1. Registration, posting and content restrictions
The following rules pertain to User Content, defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through Birdie Break Inc.’s Services, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles (collectively, “Content”) that you publish or display (hereinafter, “post”). By transmitting and submitting any User Content while using our Service, you agree, represent and warrant as follows:
You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services.
You will register your account in your own legal name, even if you are seeking care for another individual or family member.
You are solely responsible for any Content that you post on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any User Content emanates from Birdie Break Inc. where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to Birdie Break Inc. or to any other user of the Site, and all opinions stated as part of User Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others. You will adhere to this provision while utilizing Birdie Break Inc.’s video chat option (when said video chat option is applicable) and will only utilize said option when agreed to by the other party to the video chat.
You understand and agree that Birdie Break Inc. may, in its sole discretion, review and delete any Content, in each case in whole or in part, that in the sole judgment of Birdie Break Inc. violates this Agreement or which Birdie Break Inc. determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, threaten the safety of users of the Site, or otherwise violate these Terms or community standards.
You have the right, and hereby grant to Birdie Break Inc., its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by Birdie Break Inc. will not infringe or violate the rights of any third party.
Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
Birdie Break Inc. is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.
You agree that Birdie Break Inc. is not required to moderate, verify or remove any reviews or other information posted on the Site about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these terms. You may not terminate your registration and re-register in order to prevent a review from being associated with your account.
Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by Birdie Break Inc., are those of their respective authors. Such authors are solely responsible for such content. Birdie Break Inc. does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will Birdie Break Inc. or its Affiliates be responsible for any loss or damage resulting from: a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or b) reviews or comments made about you on the Site by other users.
BIRDIE BREAK INC. DOES NOT ENDORSE ANY STATEMENT, REVIEW OR REPRESENTATION MADE BY A USER OF THIS SITE. YOU MAY NOT ATTRIBUTE ANY STATEMENT, REVIEW OR REPRESENTATION TO BIRDIE BREAK INC. OR ANY DIRECTOR, OFFICER, EMPLOYEE, SERVICE PROVIDER OR AGENT OF BIRDIE BREAK INC.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIRDIE BREAK INC. DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THE SITE.
YOU HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD BIRDIE BREAK INC. HARMLESS FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY YOU ON THIS SITE OR IN ANY OTHER VENUE.
3.2. Exclusive use
Your account is for your sole, personal use. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.
3.3. Prohibited uses
By using the Site or Services of Birdie Break Inc., you agree that you will not under any circumstances:
use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable and offensive;
use the Services for any unlawful purpose or for the promotion of illegal activities;
attempt to, or actually, harass, abuse or harm another person or group;
use another user’s Birdie Break Inc. account without permission;
provide false or inaccurate information when registering an account on the Site, using our Services, or communicating with other Registered Users;
attempt to re-register with Birdie Break Inc. if we have terminated your account for any or no reason;
interfere or attempt to interfere with the proper functioning of Birdie Break Inc.’s Services;
make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
use the communication systems provided by or contacts made on the Site for any commercial solicitation purposes;
or publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
In order to protect our users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the number of messages which a user may send to other users in any 24-hour period to a number which we deem appropriate in our sole discretion.
Should Birdie Break Inc. find that you violated the terms of this Section or any terms stated herein, Birdie Break Inc. reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services.
Further, in order to protect the integrity of the Site and the Services, Birdie Break Inc. reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
Article 4. Verification Checks
4.1. Consent to run verification checks
YOU AGREE TO ALLOW BIRDIE BREAK INC. TO PERFORM VERIFICATION CHECKS.
We may use third party service providers to perform verification checks. If we perform verification checks, we perform them to verify the information you provide us (such as your name, address, email address, etc.), the representations and warranties you make in the Terms and on the Site (such as representations regarding your criminal background), and your suitability for Birdie Break Inc. The results of these verification checks are made available to Birdie Break Inc.
The results of any verification checks on you may impact your ability to access and use the Services. You are not eligible to register with Birdie Break Inc. if any of your verification checks results indicate that you have falsified your legal name, address or date of birth, or indicate any background information that, in our sole discretion and subject to applicable law, disqualifies you from using our Site or Services given the type of care services, the setting of the care services, and the nature of the relationship between Sitter and Family.
IF YOU DO NOT WANT VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE BIRDIE BREAK INC.
4.2. Release of liability for results of verification checks
Although Birdie Break Inc. may perform verification checks, it has no obligation to do so. To the extent Birdie Break Inc. performs such checks on certain Registered Users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive of accuracy of any of the information those users have provided or of their eligibility to use the Services.
Furthermore, verification checks are performed by separate third party verification services. Birdie Break Inc. does not have control over or assume, and expressly disclaims, any responsibility for the quality, accuracy, or reliability of, and any liability that may result from the use of, or reliance on, the information such third party services provide.
Article 5. Termination of registration
Should Birdie Break Inc. determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Policies, are not suitable for participation as a Registered User, or have misused or misappropriated Site content, including but not limited to, use on a “mirrored”, competitive, or third party site, Birdie Break Inc. reserves the right, at its sole discretion, to immediately terminate your access to all or part of the Site, to remove your profile and/or any content posted by or about you, from the Site, and/or to terminate your registration in birdiebreak.com and the mobile app, with or without notice.
Birdie Break Inc. also reserves the right, in its sole discretion, to terminate your access to all or part of the birdiebreak.com Site and mobile app, to remove your profile and/or any content posted by or about you, from the Site, and/or to terminate your registration in the Site, for any reason or no reason, with or without notice. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.
Following any termination of any individual’s use of the Site or the Services, Birdie Break Inc. reserves the right, subject to applicable privacy laws, to send a notice thereof to other Registered Users with whom we believe the individual has corresponded.
Article 6. Privacy
Birdie Break Inc. will only use the information you provide on the Site or via other channels in accordance with our Privacy Policy. For more information, see our full Privacy Policy, the terms of which are incorporated herein.
Article 7. Links to external sites
Links from the Site to external sites (including external sites that are framed by Birdiebreak.com) or inclusion of advertisements do not constitute an endorsement by Birdie Break Inc. of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users’ reference and convenience.
Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by Birdie Break Inc.’s Terms of Use and Privacy Policy. Birdie Break Inc. expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold Birdie Break Inc. harmless from any liability that may result from the use of links that may appear on the Site.
Article 8. Payment and refund policy
In order to utilize some of Birdie Break Inc.’s Services, Families must enter a valid credit card in order to pay for the specific Service (the “Pay Per Break” option).
8.1. Billing and payment for families
Birdie Break Inc operates on a pay-per-use model. When Families utilize the Pay Per Break option, Birdie Break Inc. will charge a 28% flat rate in addition to the Provider’s own rate, which the Family shall pay. By utilizing Pay Per Break, the Family consents to this rate being charged to his or her payment card. Applicable taxes are added to the amount of the total characterized by the Birdie Fee, not the Providers’ hourly rates.
To the extent you elect to purchase other Services we may offer for a fee, you authorize Birdie Break Inc. to charge your chosen payment provider for the Services you purchase. You agree that if Birdie Break Inc. already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional services you purchase.
All payments for Services, inclusive of the Birdie fee, with the exception of tips, must be processed through the Birdie platform. Attempts to pay the Providers around the platform will result in the termination of your account.
8.2. Billing and payment for sitters
Certain Services and offerings made available to Providers may require the payment of a fee by such Providers as described hereon or otherwise on the Site. To the extent you elect to purchase other chargeable Services and offerings, you authorize Birdie Break Inc. to charge your chosen payment provider for the Services you purchase.
8.3. Refund policy
To the extent permitted by law, Birdie Break Inc. does not as a general rule provide refunds or credits for subscription or other purchase cancellations. However, Birdie Break Inc. may in its sole discretion issue refunds or credits when it believes they are warranted.
Article 9. Release of liability for user conduct and disputes
We are not an employer of Providers nor are we an employment agency or a recruitment agency for any Provider or Family. Families may seek the services of a Provider through the use of the Site or Services, and Providers may post profiles and submit proposals to Families regarding their services. However, any agreement between a Family and a Sitter regarding the provision of services is solely between the Family and the Provider; Birdie Break Inc. is not a party to any such agreement. Any issues concerning the conduct of a Family or Provider including, without limitation, the services received by the Family or payment due to the Sitter, must be reported to Birdie Break Inc., at which point Birdie Break Inc. will determine how best to resolve the issue in its sole, absolute, and unfettered discretion.
Notwithstanding the foregoing, Birdie Break Inc. will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site or our Services, you do hereby represent, understand, and expressly agree to indemnify and hold Birdie Break Inc. harmless for any claim or controversy that may arise from any disputes between you and any other user(s) of the Site. Birdie Break Inc. will use its reasonable efforts to monitor Provider and Family profiles, comments, and general usage of the Site and suspend privileges to any Family or Provider not adhering to the Policies. You agree to take reasonable precautions in all interactions with other users of the Site or the Services, particularly if you decide to meet offline or in person. By using the Site or the Services, you do hereby agree to report any alleged improprieties of any users therein to Birdie Break Inc. immediately by notifying Birdie Break Inc. of the same via electronic correspondence.
Article 10. Age restrictions
The Site is intended for people 18 or over. Families and Providers should monitor children’s use of the Internet and deny access to the Site to anyone under the age of 18. Birdie Break Inc. will not knowingly collect any information from individuals under 18. You must identify your age during the registration process, and we do not assume any responsibility for any misrepresentations regarding your age when using this Site. Should we determine that you are under the age of 18, your registration will be terminated immediately.
Article 11. Disclaimers; limitations; waivers; indemnification
11.1. No warranty
If Quebec law applies to these terms, there are no warranties provided and no liability to you other than those warranties that are required to be provided and those liabilities that may not be disclaimed pursuant to the provisions Civil Code of Quebec.
The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is”, or “as available”. Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Birdie Break Inc., are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIRDIE BREAK INC. DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN BIRDIE BREAK INC.; (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 SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BIRDIE BREAK INC. EXPRESSLY excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.
IN ADDITION AND WITHOUT LIMITING THE FOREGOING, BIRDIE BREAK INC. MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY REGISTERED USER OF OUR SITE TO PROVIDE SERVICES AS A CAREGIVER OR TO EMPLOY THE SERVICES OF A CAREGIVER.
11.2. Assumption of risk
YOU ARE AWARE THAT THERE ARE MANY RISKS AND DANGERS IN MAKING EMPLOYMENT AND HIRING DECISIONS FOR CARE SERVICES. THESE RISKS AND DANGERS INCLUDE PHYSICAL AND MENTAL ABUSE, BODILY HARM, MENTAL DISTRESS AND THEFT, NEGLIGENCE OF OTHER USERS, AND THE FAILURE OF OTHERS TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT YOU FROM THE RISKS AND DANGERS.
YOU FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS AND DANGERS when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with Registered Users of the Site or the Services. You agree to take all necessary precautions when interacting with other Site Visitors or Registered Users.
11.3. Limitation of liability
Nothing in these Terms limits or excludes, or will be deemed to limit or exclude, Birdie Break Inc.’s liability for fraudulent misrepresentation, death or personal injury caused by Birdie Break Inc.’s gross negligence or liability that may not otherwise be limited or excluded by law, such as in Quebec.
IN ALL OTHER CASES:
Incidental Damages and Aggregate Liability.
In no event will Birdie Break Inc. be liable for any indirect or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Birdie Break Inc., or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL BIRDIE BREAK INC.’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID BIRDIE BREAK INC. FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 OR ITS EQUIVALENT.
No Liability for non-Birdie Break Inc. Actions.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BIRDIE BREAK INC. BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENCES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Birdie Break Inc. makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
11.4. Indemnification
By agreeing to the terms of these Terms of Use, users of the Site and Services agree to indemnify, defend and hold harmless Birdie Break Inc. and its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers and employees from and against any and all claims, losses, expenses or demands of liability, including reasonable legal fees and costs incurred by Birdie Break Inc. and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, or (ii) use of the Site or Services by you in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defence of such claims. Birdie Break Inc. and its Affiliates reserve the right, at their own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of Birdie Break Inc. Users further agree to hold harmless Birdie Break Inc. and its Affiliates from any claim arising from a third party’s use of information or materials of any kind that users post to the Site.
Article 12. Jurisdiction and choice of law
If you are a FAMILY NOT RESIDENT IN QUEBEC: Any dispute arising out of the Site and/or the Services shall be governed, subject to applicable consumer protection laws of the province or territory where you reside, by the laws of the Province of Alberta, without regard to its conflict of law provisions. Subject to applicable consumer protection laws of the province or territory where you reside, you expressly agree and consent to the exclusive jurisdiction and venue of the courts of Alberta, for the resolution of any such dispute.
IF THE SERVICES ARE OFFERED IN QUEBEC AND YOU ARE A MEMBER FAMILY OR A SITTER RESIDENT IN QUEBEC: Any dispute arising out of the Site and/or the Services shall be governed by the laws of the Province of Quebec, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the courts of Quebec, for the resolution of any such dispute.
IN ALL OTHER CASES: Any dispute arising out of the Site and/or the Services shall be governed by the laws of the Province of Alberta, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the courts of Alberta, for the resolution of any such dispute.
Article 13. Miscellaneous
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself 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 shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
Article 14. Contact information
If you have any questions or need further information as to the Site or Services provided by Birdie Break Inc., or need to notify Birdie Break Inc. as to any matters relating to the Site or Services please contact Birdie Break Inc. at:
BIRDIE BREAK INC.
10824 38 Avenue, Edmonton, Alberta T6J0K7
Attention: Cressida Raffin