Policies
Privacy
PRIVACY POLICY
We respect your privacy and are committed to protecting it through our compliance with this privacy policy (“Policy”). This Policy describes the types of information we may collect from you or that you may provide (“Personal Information”) on the carepossible.ca website (“The Platform” or “Service”) and any of its related products and services (collectively, “Services”), and our practices for collecting, using, maintaining, protecting, and disclosing that Personal Information. It also describes the choices available to you regarding our use of your Personal Information and how you can access and update it.
This Policy is a legally binding agreement between you (“User”, “you” or “your”) and Manitoba Possible Ventures Inc. (doing business as “Manitoba Possible”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use The Platform and Services. By accessing and using The Platform and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Policy. This Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.
Collection of personal information
You can access and use The Platform and Services without telling us who you are or revealing any information by which someone could identify you as a specific, identifiable individual. If, however, you wish to use some of the features offered on The Platform, you may be asked to provide certain Personal Information (for example, your name and e-mail address).
We receive and store any information you knowingly provide to us when you create an account, publish content, make a purchase, or fill any forms on The Platform. When required, this information may include the following:
· Account details (such as user name, unique user ID, password, etc)
· Contact information (such as email address, phone number, etc)
· Basic personal information (such as name, country of residence, etc)
· Sensitive personal information (such as ethnicity, religious beliefs, mental health, etc)
· Proof of identity (such as a photocopy of a government ID)
· Payment information (such as credit card details, bank details, etc)
· Information about other individuals (such as your family members, friends, etc)
· Any other materials you willingly submit to us (such as articles, images, feedback, etc)
You can choose not to provide us with your Personal Information, but then you may not be able to take advantage of some of the features on The Platform. Users who are uncertain about what information is mandatory are welcome to contact us.
Privacy of children
We do not knowingly collect any Personal Information from children under the age of 18. If you are under the age of 18, please do not submit any Personal Information through The Platform and Services. If you have reason to believe that a child under the age of 18 has provided Personal Information to us through The Platform and Services, please contact us to request that we delete that child’s Personal Information from our Services.
We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through The Platform and Services without their permission. We also ask that all parents and legal guardians overseeing the care of children take the necessary precautions to ensure that their children are instructed to never give out Personal Information when online without their permission.
Use and processing of collected information
We act as a data controller and a data processor when handling Personal Information, unless we have entered into a data processing agreement with you in which case you would be the data controller and we would be the data processor.
Our role may also differ depending on the specific situation involving Personal Information. We act in the capacity of a data controller when we ask you to submit your Personal Information that is necessary to ensure your access and use of The Platform and Services. In such instances, we are a data controller because we determine the purposes and means of the processing of Personal Information.
We act in the capacity of a data processor in situations when you submit Personal Information through The Platform and Services. We do not own, control, or make decisions about the submitted Personal Information, and such Personal Information is processed only in accordance with your instructions. In such instances, the User providing Personal Information acts as a data controller.
In order to make The Platform and Services available to you, or to meet a legal obligation, we may need to collect and use certain Personal Information. If you do not provide the information that we request, we may not be able to provide you with the requested products or services. Any of the information we collect from you may be used for the following purposes:
· Create and manage user accounts
· Deliver products or services
· Improve products and services
· Send administrative information
· Send marketing and promotional communications
· Send product and service updates
· Respond to inquiries and offer support
· Request user feedback
· Improve user experience
· Post customer testimonials
· Deliver targeted advertising
· Administer prize draws and competitions
· Enforce terms and conditions and policies
· Protect from abuse and malicious users
· Respond to legal requests and prevent harm
· Run and operate The Platform and Services
Processing your Personal Information depends on how you interact with The Platform and Services, where you are located in the world and if one of the following applies: (i) you have given your consent for one or more specific purposes; (ii) provision of information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof; (iii) processing is necessary for compliance with a legal obligation to which you are subject; (iv) processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us; (v) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party. We may also combine or aggregate some of your Personal Information in order to better serve you and to improve and update our The Platform and Services.
Note that under some legislations we may be allowed to process information until you object to such processing by opting out, without having to rely on consent or any other of the legal bases. In any case, we will be happy to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Payment processing
In case of Services requiring payment, you may need to provide your credit card details or other payment account information, which will be used solely for processing payments. We use third-party payment processors (“Payment Processors”) to assist us in processing your payment information securely.
Payment Processors adhere to the latest security standards as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and The Platform and Services are also in compliance with strict vulnerability standards in order to create as secure of an environment as possible for Users. We will share payment data with the Payment Processors only to the extent necessary for the purposes of processing your payments, refunding such payments, and dealing with complaints and queries related to such payments and refunds.
Please note that the Payment Processors may collect some Personal Information from you, which allows them to process your payments (e.g., your email address, address, credit card details, and bank account number) and handle all the steps in the payment process through their systems, including data collection and data processing. The Payment Processors’ use of your Personal Information is governed by their respective privacy policies which may or may not contain privacy protections as protective as this Policy. We suggest that you review their respective privacy policies.
Managing information
You are able to delete certain Personal Information we have about you. The Personal Information you can delete may change as The Platform and Services change. When you delete Personal Information, however, we may maintain a copy of the unrevised Personal Information in our records for the duration necessary to comply with our obligations to our affiliates and partners, and for the purposes described below. If you would like to delete your Personal Information or permanently delete your account, you can do so by contacting us.
Disclosure of information
Depending on the requested Services or as necessary to complete any transaction or provide any Service you have requested, we may share your information with our affiliates, contracted companies, and service providers (collectively, “Service Providers”) we rely upon to assist in the operation of The Platform and Services available to you and whose privacy policies are consistent with ours or who agree to abide by our policies with respect to Personal Information. We will not share any personally identifiable information with third parties and will not share any information with unaffiliated third parties.
Service Providers are not authorized to use or disclose your information except as necessary to perform services on our behalf or comply with legal requirements. Service Providers are given the information they need only in order to perform their designated functions, and we do not authorize them to use or disclose any of the provided information for their own marketing or other purposes.
We may also disclose any Personal Information we collect, use or receive if required or permitted by law, such as to comply with a subpoena or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
In the event we go through a business transition, such as a merger or acquisition by another company, or sale of all or a portion of its assets, your user account, and your Personal Information will likely be among the assets transferred.
Retention of information
We will retain and use your Personal Information for the period necessary to comply with our legal obligations, as long as your user account remains active, until the purchase order or Services are fulfilled, to enforce our agreements, resolve disputes, and unless a longer retention period is required or permitted by law.
We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification, and the right to data portability cannot be enforced after the expiration of the retention period.
Do Not Track signals
Some browsers incorporate a Do Not Track feature that signals to The Platforms you visit that you do not want to have your online activity tracked. Tracking is not the same as using or collecting information in connection with a The Platform. For these purposes, tracking refers to collecting personally identifiable information from consumers who use or visit a The Platform or online service as they move across different The Platforms over time. How browsers communicate the Do Not Track signal is not yet uniform. As a result, The Platform and Services are not yet set up to interpret or respond to Do Not Track signals communicated by your browser. Even so, as described in more detail throughout this Policy, we limit our use and collection of your Personal Information. For a description of Do Not Track protocols for browsers and mobile devices or to learn more about the choices available to you, visit internetcookies.com
Advertisements
We may display online advertisements and we may share aggregated and non-identifying information about our customers that we or our advertisers collect through your use of The Platform and Services. We do not share personally identifiable information about individual customers with advertisers. In some instances, we may use this aggregated and non-identifying information to deliver tailored advertisements to the intended audience.
We may also permit certain third-party companies to help us tailor advertising that we think may be of interest to Users and to collect and use other data about User activities on The Platform. These companies may deliver ads that might place cookies and otherwise track User behavior.
Social media features
Our The Platform and Services may include social media features, such as the Facebook and Twitter buttons, Share This buttons, etc (collectively, “Social Media Features”). These Social Media Features may collect your IP address, what page you are visiting on our The Platform and Services, and may set a cookie to enable Social Media Features to function properly. Social Media Features are hosted either by their respective providers or directly on our The Platform and Services. Your interactions with these Social Media Features are governed by the privacy policy of their respective providers.
Email marketing
We offer electronic newsletters to which you may voluntarily subscribe at any time. We are committed to keeping your e-mail address confidential and will not disclose your email address to any third parties except as allowed in the information use and processing section or for the purposes of utilizing a third-party provider to send such emails. We will maintain the information sent via e-mail in accordance with applicable laws and regulations.
In compliance with the CAN-SPAM Act, all e-mails sent from us will clearly state who the e-mail is from and provide clear information on how to contact the sender. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or by contacting us. However, you will continue to receive essential transactional emails.
Affiliate links
We may engage in affiliate marketing and have affiliate links present on The Platform and Services for the purpose of being able to offer you related or additional products and services. If you click on an affiliate link, a cookie will be placed on your browser to track any sales for purposes of commissions.
Links to other resources
The Platform and Services contain links to other resources that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other resources or third parties. We encourage you to be aware when you leave The Platform and Services and to read the privacy statements of each and every resource that may collect Personal Information.
Information security
We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in our control and custody. However, no data transmission over the Internet or wireless network can be guaranteed.
Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and The Platform and Services cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third party, despite best efforts.
As the security of Personal Information depends in part on the security of the device you use to communicate with us and the security you use to protect your credentials, please take appropriate measures to protect this information.
Data breach
In the event we become aware that the security of The Platform and Services has been compromised or Users’ Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the User as a result of the breach or if notice is otherwise required by law. When we do, we will post a notice on The Platform, send you an email.
Changes and amendments
We reserve the right to modify this Policy or its terms related to The Platform and Services at any time at our discretion. When we do, we will send you an email to notify you. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Policy will be effective immediately upon the posting of the revised Policy unless otherwise specified. Your continued use of The Platform and Services after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes. However, we will not, without your consent, use your Personal Information in a manner materially different than what was stated at the time your Personal Information was collected.
Acceptance of this policy
You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using The Platform and Services and submitting your information you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use The Platform and Services.
Contacting us
If you have any questions regarding the information we may hold about you or if you wish to exercise your rights, you may use the following data subject request form to submit your request: Submit a data access request.
If you have any other questions, concerns, or complaints regarding this Policy, we encourage you to contact us by calling 204-975-3080 or emailing support@carepossible.ca.
We will attempt to resolve complaints and disputes and make every reasonable effort to honour your wish to exercise your rights as quickly as possible and in any event, within the timescales provided by applicable data protection laws.
Accessibility
Statement of Commitment
The Accessibility for Manitobans Act (AMA) was passed on December 5, 2013, to provide a clear, proactive process to identify, prevent, and remove barriers to accessibility.
As an organization that values the inclusion of all people, Manitoba Possible is committed to the development and implementation of our accessibility plan which will:
Ensure equal access and participation for people of all abilities
Meet the needs of people who face accessibility barriers
Support people of all abilities by collaborating, promoting innovation and embracing diversity
Feedback
Feedback about the delivery of services/programs to persons with disabilities may be given by telephone, in person, in writing, in electronic format (using the button below), or through other methods of communication.
The Accessibility for Manitobans Act (AMA)
The AMA seeks to identify, remove and prevent barriers in key areas of daily living for people with disabilities in Manitoba. We are committed to meeting the accessibility standards prescribed under the AMA.
Code of Conduct
Code of Conduct
At Care Possible we have developed a Code of Conduct to help keep our community safe.
When you agree to Care Possible's Terms of Service you agree not do any of the following in relation to use of the Platform:
· breach any law including, employment, health and safety, immigration, labour, tax, or criminal law;
· use, access, copy or store any part of the Platform or Content for any commercial or other purposes not expressly permitted by these Terms;
· register a Care Possible Account on behalf of a person other than you (except where you are legally authorised to do so or do so with their consent);
· impersonate anyone, falsify or misrepresent yourself or your affiliation with anyone;
· provide or transmit any false, misleading or deceptive Content or Content that infringes anyone’s intellectual property, privacy or contractual rights; or defame anyone;
· transmit, distribute, post or submit any Content relating to any other person without their consent, including photographs, personal, financial (credit, debit card or account numbers) or other confidential information;
· use the Platform in connection with the distribution of unsolicited commercial messages ("spam") or advertisements for your services or services of another person;
· provide any Content which is obscene, pornographic or offensive;
· promote discrimination, hatred, harassment or harm against any person or group; be violent or threatening or promote violence or actions that are threatening to any other person; or promote illegal or harmful activities or substances;
· encourage, or assist any person to do any of the above
Need help or have questions? Contact the Customer Engagement team at 204-945-3080 or by email us at support@carepossible.ca.
SERVICE FEES FOR WORKERS
What is the service fee?
To help cover the costs of running Care Possible, we include a service fee of 5% of the hourly rate or the overnight rate you have agreed with your client. The service fee enables Care Possible to provide all registered workers with access to the job pool, scheduling and payment tools.
You’ll see the approximate service fee at the time each visit is booked. We’ll calculate the exact amount of service fee after each visit has been completed and approved. The service fee will be included in your payments through your Care Possible account.
Note:
· If a visit is cancelled for any reason, we won’t charge a service fee
· If a visit is changed, the service fee will adjust in line with the length of the visit
· The service fee is inclusive of GST
Need help or have questions? Contact the Customer Engagement team at 204-945-3080 or by email us at support@carepossible.ca.
SCREENING WORKERS
When seeking a new care worker, what steps can you take to ensure that you hire someone suitable and trustworthy?
Background checks:
As part of the job application process, every applicant should either:
· Produce a recent Child Abuse Registry and Adult Abuse Registry check, and;
· A recent Criminal Record Check with Vulnerable Sector Search (where available), or;
· Give their permission for this process to take place.
Care Possible may complete a Child Abuse Registry Check and Adult Abuse Registry Check through the Department of Families on behalf of a worker. The jurisdictional police service provides Criminal Record Checks.
Reference checks:
It's a good idea to ask job applicants for at least two recent references, preferably from former supervisors, not friends or co-workers. Have a list of questions you may like to ask the referee that will help you build a picture of the candidate. For example:
What is your relationship to the candidate?
Can you confirm the candidate’s job title, dates of employment and work duties? Always verify the job title and dates of employment to be sure the information your potential carer has provided is accurate.
What are the candidate's strength and weaknesses? This question can help you determine how easily the person can be trained and whether he or she is a good fit for the position.
What was it like to work with the candidate? This can reveal the candidate’s personality, communication skills, how well he or she takes direction and if the person is a team player. It could also help you to determine whether they're a good cultural fit for the role.
Can you describe the candidate’s work performance? It is always better to hear this explained directly from a referee, as this will help you ascertain how well this person might perform when working for you.
Was the candidate dependable and what was their attendance record like? This will help you determine whether you can trust the candidate to show up for work and on time.
Why did the candidate leave the position? This can be informative and help you gain insight into their personality traits, what could go wrong, or how long they might stay on at your job.
Is there anything else I should know about this candidate? This is an opportunity for the referee to share any other information they feel is important.
Would you rehire this candidate? This response and your evaluation of the other information provided by the reference will help you answer your most critical questions, "Can I trust this person? Are they suitable for this job?"
Making the right choice:
Working through this screening process will give you a good amount of information with which to decide whether a candidate is trustworthy and suitable for interviewing for the role. If you wish to proceed, arrange a face-to-face interview, then follow your gut feelings to make your final decision.
If your answer is yes: Have a meeting to discuss the agreement details, run through the job description and expectations again and go through your list of ‘house rules’, for example, expectations around mobile phone usage. If everything is accepted, you're both ready to sign the agreement you created at Care Possible. Having a trial period is recommended as it will allow you to observe how they perform on the job and whether they fit in. If it doesn't go as you hoped, you then have the opportunity to change your mind.
If your answer is no: Promptly send a brief, polite message to the candidate letting them know that they were not successful. Thank them for their time. Never feel pressured to accept someone you do not feel comfortable with. Your own safety and the safety of your property is a priority and should never be compromised.
Need help or have questions?
Contact the Customer Engagement team at 204-945-3080 or by emailing us at support@carepossible.ca.
Terms of Service
Care Possible’s Terms of Service are also available for download as a PDF. THIS AGREEMENT LIMITS MANITOBA POSSIBLE’S LIABILITY TO YOU AND PROVIDES FOR AN INDEMNITY. PLEASE READ CAREFULLY.
THESE TERMS OF SERVICE (“Terms”) APPLY WHEN USING MANITOBA POSSIBLE’S CARE POSSIBLE PLATFORM (“The Platform”).
1 Background The Platform is an online marketplace connecting people looking for services with people offering services. The Platform helps you to make connections, manage and pay for services, communicate, and share information. The Platform is accessed at www.carepossible.ca.
2 Acceptance By accessing and using The Platform, you agree that you have read, accept, and will use The Platform in accordance with these Terms. These Terms are a legal agreement between you and Manitoba Possible and other Users. If you do not agree to these Terms, you may not use The Platform.
3 Licence to Use As long as you comply with these Terms, Manitoba Possible grants you a limited non-exclusive, revocable, non-assignable, non-transferable and non-sublicensable license to access and use The Platform strictly for your own personal use.
4 Care Possible is a Marketplace The Platform is an online marketplace. Manitoba Possible makes The Platform available for Users to post Listings; to find a match that suits them; and to manage and pay for services they agree between themselves. All service contracts and arrangements for care services are between Users. Manitoba Possible is not a party to those contracts. Manitoba Possible is not a provider of home care or support services and Manitoba Possible has no control over the conduct of Users of The Platform in the provision of such services and disclaims all liability in this regard to the maximum extent permitted by law.
5 Your Risk The Platform is intended to help Users connect and engage with each other. All use is at your own risk. Manitoba Possible cannot and does not control the actions of any person in relation to The Platform including the provision of any Content. Manitoba Possible gives no undertakings, representations, or warranties in relation to any person’s conduct or use of The Platform except as expressly contained in these Terms. You agree not to involve, or attempt to involve, Care Possible in any dispute between you and a User or another person as a result of any service, action or omission of a User or another person.
6 Joining Care Possible You must register and create a Platform Account to access certain features of The Platform. You may only have one active Platform Account. You agree to provide accurate information during the registration process and to update that information to keep it current. The Platform may in its discretion refuse to accept any registration.
7 Account and Passwords You agree to keep your password safe; not to disclose your password to any third party; to take sole responsibility for any activities or actions under your Platform Account (including provision of Content, whether or not authorised by you); and to notify Manitoba Possible immediately of any unauthorised use of your Platform Account.
8 Account Changes The Platform may change, restrict, suspend or terminate your Platform Account and your access to The Platform at its discretion including if any information provided is or becomes inaccurate, fraudulent, deceptive or misleading, or if you do not comply with these Terms. Manitoba Possible is not liable to you for any loss or damage incurred by you or anyone else if it changes, restricts, suspends or terminates your Platform Account. Care Possible may in its sole discretion, issue warnings to you, warn other Users about your actions or alleged actions or take other steps it considers appropriate.
9 Trials Care Possible may in its discretion offer you trial periods to use The Platform. These Terms apply to all trial periods. You may be required to provide your credit card details in order to participate in a trial. You may cancel a trial by providing your request in writing to support@carepossible.ca or contacting us at 204-975-3080.
10 Cancelling Your Care Possible Account You may cancel your Care Possible Account at any time by sending us an email at support@carepossible.ca or contacting us at 204-975-3080. After your Care Possible Account is cancelled, Care Possible does not have any obligation to delete or return to you any Content you have provided on The Platform. You may make a request for erasure by sending us an email at support@carepossible.ca or contacting us at 204-975-3080.
11 Care Possible Access Care Possible may monitor your access to or use of The Platform and may access, use, and disclose any user information or Content for the purposes of: operating and improving The Platform; and monitoring and enforcing compliance with these Terms and applicable laws. Care Possible may, at any time, without prior notice, in its discretion take such action as it considers reasonable for the above purposes.
12 Feedback Care Possible would like User feedback on The Platform. Feedback should be by email or use of other contact details or messaging features on The Platform. All information and ideas in any feedback may be freely used by Care Possible for any purpose and the content and copyright in any feedback will, on receipt by Care Possible, be the sole property of Care Possible and you assign to Care Possible all intellectual property rights in all feedback you provide to Care Possible.
13 Privacy Care Possible's Privacy Policy (as may be updated from time to time) governs Care Possible's collection and use of your personal information. You and Care Possible will observe the Care Possible Privacy Policy in relation to personal information.
14 User Content You are responsible for all Content you provide for The Platform (your Content) and will ensure your Content complies with these Terms. Care Possible does not assume responsibility for and does not endorse any Content. You should review your Content regularly to ensure it is accurate, lawful and not misleading. You warrant your Content is accurate; you will remove any inaccuracies in your Content; you own or have all rights, licenses and consents necessary to provide your Content; other authorised Users and Care Possible may use your Content in accordance with these Terms; and your Content and all use of your Content as contemplated by these Terms will not infringe anyone’s intellectual property rights, privacy, or breach any law.
15 Content Licence You agree that Care Possible may use, and you grant to Care Possible a worldwide, irrevocable, perpetual, non-exclusive, assignable, royalty-free license (with the right to sublicense) for your Content. Care Possible may use your Content for all purposes relating to The Platform including advertising, marketing, commercial and other business purposes in any media or platform without notice or payment.
16 Content Use Content on The Platform may be publicly available, available for Users or certain Users only, or retained on The Platform and unpublished, in each case in Care Possible’s discretion. Care Possible may, without prior notice, remove, disable, or otherwise alter access to Content for any reason including Content that Care Possible, in its sole discretion, considers to be objectionable for any reason, in breach of these Terms, or otherwise detrimental or harmful to Care Possible, Users other persons or The Platform. If Care Possible removes or restricts access to Content, it may do so without notice and without liability to you.
17 Background Checks Care Possible encourages all Users to conduct or request to see background or other checks as may be appropriate for the types of services you intend to provide or obtain. Care Possible may provide Services to assist you getting background or other checks. Care Possible provides, at its own cost, Child Abuse Registry and Adult Abuse Registry checks for all Workers. Where a Worker consents to Care Possible obtaining a background check, Care Possible may disclose contents of that check to a Client where Care Possible believes it is necessary to prevent or lessen serious harm. Care Possible does not warrant the contents or results of background checks and all background checks are provided strictly subject to all terms and conditions contained in the relevant terms of service provided to Care Possible or you from the Department of Families, applicable police service or other relevant agency. Care Possible may, but does not have any obligation to, conduct background checks on any User, including, but not limited to, Clients or Workers.
18 No Endorsement Users are required by these Terms to provide accurate information, and although Care Possible may assist with providing additional checks or processes designed to help verify or check the identities or backgrounds of users, Care Possible makes no representations about and does not confirm or endorse any User in any way.
19 Your Interactions With Other Users You make your own decisions about the identity and suitability of all persons you communicate with, meet, contract with or have any other interaction with on or in relation to The Platform. Care Possible recommends you always exercise care when deciding whether to communicate, meet, contract with or have any other interaction with any other User. Care Possible is not responsible for any damage or harm resulting from your interactions with other Users or persons contacted directly or indirectly through The Platform. You agree not to attempt to impose liability on or seek any legal remedy from Care Possible relating to actions or omissions of other Users or third parties.
20 Harassment You agree you will not contact, harass, or stalk any User of The Platform, or collect or store any personally identifiable information about any user other than for purposes of legitimately transacting on The Platform in accordance with these Terms. If another Care Possible User requests that you do not continue to contact or communicate with them then you will cease to contact or communicate with them.
21 User Conduct You agree not do any of the following in relation to use of The Platform:
· breach any law including, employment, health and safety, immigration or criminal law;
· use, access, copy or store any part of The Platform or Content for any commercial or other purposes not expressly permitted by these Terms;
· register a Care Possible Account on behalf of a person other than you (except where you are legally authorised to do so or do so with their consent);
· impersonate anyone, falsify or misrepresent yourself or your affiliation with anyone;
· provide or transmit any false, misleading or deceptive Content or Content that infringes anyone’s intellectual property, privacy or contractual rights; or defame anyone
· transmit, distribute, post or submit any Content relating to any other person without their consent, including photographs personal, financial (credit, debit card or account numbers) or other confidential information;
· use The Platform in connection with the distribution of unsolicited commercial messages ("spam") or advertisements for your services or services of another person;
· provide any Content which is obscene, pornographic or offensive;
· promote discrimination, hatred, harassment or harm against any person or group; be violent or threatening or promote violence or actions that are threatening to any other person; or promote illegal or harmful activities or substances;
· encourage, or assist any person to do any of the above
22 Reporting Misbehaviour If you believe a User is acting or has acted inappropriately, including but not limited to anyone who engages in disturbing, criminal, offensive, violent or sexually inappropriate conduct, you should immediately report such person to the appropriate authorities. Care Possible will cooperate with all authorities as required by law. Reporting any details of inappropriate activities or actions to Care Possible does not require Care Possible to take any action or cause Care Possible to incur any liability to you.
23 Care Possible not responsible for Users Actions You are solely responsible for all of your communications with other users of The Platform and with other persons with whom you communicate or interact as a result of your use of The Platform, including, but not limited to, any other User. You agree to take reasonable precautions in all communications and interactions with other Users of The Platform and with other persons with whom you communicate or interact as a result of your use of The Platform, including, but not limited to, other Users, particularly if you decide to meet them in person regardless of whether such meetings are organised using The Platform. Care Possible expressly disclaims all liability for any act or omission of any member or other third party.
24 User Acknowledgement Users agree that Care Possible does not act as your advisor or agent and you decide entirely in your discretion who you choose to communicate with, interview, meet or hire. As a User you should obtain your own health and safety, employment, financial, tax and insurance advice in relation to your use of The Platform and your legal responsibilities in relation to any services you contract for. Any agreement you enter into with another User is between you and the User and Care Possible is not a party to it. You acknowledge and agree that you are responsible for your own acts and omissions relating to the use of The Platform and any arrangements you make with other Users.
25 Harvesting Users agree not to use The Platform to solicit, recruit or otherwise seek to procure any Worker to join, or provide service for or through, a third party business or service provider, without Care Possible's prior written approval. A Client may only contact Workers identified or introduced through The Platform for the genuine purposes of obtaining help and services sought under a current Job and otherwise in accordance with these terms. Unless expressly agreed in writing by Care Possible, no User will, in relation to a Listing or Job solicit, encourage, offer, accept or require engagement, employment or other relationships or payment arrangements which have the intent or effect of circumventing the use of Care Possible's visit and payment services on The Platform in accordance with these Terms of Service. Any User who breaches these or related provisions will (in addition to any other action which Care Possible may take, including account suspension or termination), be liable, on demand, to pay Care Possible the amounts Care Possible would have been entitled to charge the User had these Terms of Service been fully complied with in relation to a Job.
26 Clients Using The Platform Clients who create a Listing and find suitable Workers will engage those Workers using the The Platform including the hire, create agreement, manage and payment features of The Platform. All Clients who hire a Worker for a Job agree to use The Platform to schedule and record all Visits by that Worker. Clients agree to pay to Care Possible the funds required to pay Workers for Visits. Care Possible may require those payments to be made in advance of Visits in order to provide certainty of available payment to Workers for scheduled Visits. Care Possible may have arrangements with funders or other organisations which allow certain types of Users to use all or part of the The Platform on special arrangements. Care Possible may publish details of special arrangements on this site.
27 Workers Using The Platform Workers posting a Profile and finding work through the The Platform will engage with Clients using the The Platform including the hire, create agreement, manage and payment features of The Platform. Workers who accept a Job for a Client agree to use The Platform to record Visits for and receive payment from that Client. Workers will not agree to any payment or other arrangement which circumvents the use of The Platform for the provision of services, Visits or payment between the Worker and a Client in relation to a Job.
28 Spirit of Payment Care Possible allows Users to access and use The Platform on the basis that Users will observe the spirit of platform use. The spirit of Platform use includes:
· not offering or accepting a payment for hours worked or Visits outside of The Platform
· properly recording the hours in a Visit (not more or less hours than actually worked)
· not giving another User your contact information (phone number, email address or other) for the purpose of off-Platform services or payments
· not cancelling a Visit that has been completed
· not doing any other action that circumvents the Care Possible Visit or payment system
29 Insurance for Workers Care Possible may provide insurance for Workers as described on the Site from time to time. Insurance coverage is subject to the terms of all relevant policies and to the detailed terms relating to insurance. Insurance is only available to workers where all relevant terms of use (including these terms) are complied with.
30 User Obligations Users, not Care Possible, are solely responsible for their obligations under the service agreements they make with other Users, including payment obligations. Users agree and understand they are responsible for all terms and conditions under those transactions or agreements and they, and not Care Possible, will be responsible for performing the obligations of any such agreements. Care Possible is not a party to such agreements, and Care Possible disclaims all liability in relation to any such agreements.
31 Care Possible Fees Care Possible charges Users Fees for the use of The Platform. Care Possible may set or change the structure, timing and amount of Fees at any time in respect of any User or types of User. Taxes may also be charged in respect of Fees. Fees for use of The Platform will be deducted from amounts paid by or payable to Users and are not refundable. Care Possible will provide clear information and invoices to you for any Fees it charges you, and you agree to pay the amount invoiced.
32 Payments All payments between a Client and Worker in relation to a Job will be made through The Platform. Care Possible will facilitate payment between Users (by credit card, bank payment or otherwise) through Care Possible’s selected third party payment agents. You agree Care Possible is not responsible for the validity, security or accuracy of such payments and is not a party to the payment for any services provided by any User to another User. You will comply with any relevant terms of service for such third party payment agents.
33 Payments Between Users As part of Care Possible’s features, Users appoint Care Possible to facilitate payments between them and other Users under their service agreements. In facilitating payments for Users, Care Possible assumes no liability for any obligations, acts or omissions of the paying or receiving User. Care Possible does not itself make or guarantee payments to Users.
34 Taxes Users agree to provide Care Possible with all information reasonably required to comply with Tax laws. Users are solely responsible for keeping the information you provide to us complete and accurate. You agree that you are solely responsible for determining your Tax information, reporting and payment obligations.
35 Ownership The Platform is protected by copyright, trademark, and other laws of Manitoba. You acknowledge and agree that The Platform, including all associated intellectual property rights, are the exclusive property of Care Possible and its licensors. You will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying The Platform.
36 Care Possible Branding All trademarks, service marks, logos, trade names and collateral of Care Possible belong to Care Possible and may not be used or reproduced without Care Possible’s prior written agreement.
37 Restricted Use You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit The Platform, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Care Possible or its licensors, except for the licenses and rights expressly granted in these Terms.
38 Interference With The Platform Care Possible provides its Platform on the basis it will enjoy reasonable public and online access and Care Possible’s business relies on all Users using The Platform for proper purposes. Users agree not to:
· enter any false or misleading information into The Platform;
· damage or interfere with The Platform or negatively impact User access to The Platform;
· access or use any system, The Platform or any Care Possible API to use, expose, or allow to be used or exposed, any Content or any data relating to The Platform that is not publicly displayed or intended to be publically displayed by Care Possible;
· access, use, copy, "scrape," "crawl" or "spider" Content or any data relating to The Platform or create or compile, directly or indirectly, a collection, compilation, database, directory or similar using Content or any data relating to The Platform;
· access, tamper with, or use non-public areas of The Platform, Care Possible 's computer systems, or the technical delivery systems of Care Possible 's providers; or attempt to probe or test the vulnerability of The Platform, or any Care Possible system or network, or breach any security or authentication measures;
· circumvent any technological measure implemented by Care Possible or any of Care Possible 's providers or any other third party (including another user) to protect The Platform;
· forge any TCP/IP packet header or any part of the header information in any communication, or in any way use The Platform to send altered, deceptive or false source-identifying information;
· re-use or display, mirror or frame any part of The Platform, Care Possible 's name, trademark, logo or other proprietary information, or the layout and design of any page or part of a page;
· attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide The Platform; or
· encourage or assist any person to do any of the above.
39 Links The Platform may contain links to third-party sites or materials. You acknowledge you access those sites and materials at your own risk and choice and Care Possible is not responsible for the accuracy or content of those sites or materials and you agree to use those sites and materials in accordance with and subject to their respective terms of use. The The Platform uses Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google's terms of use.
40 No Platform Warranties Care Possible does not warrant that The Platform will meet your requirements, or will be available on an uninterrupted, secure, or error-free basis. The Platform is provided "as is", without warranty of any kind, either express or implied. Without limiting this, Care Possible expressly disclaims any warranties of merchantability or fitness for a particular purpose.
41 No Other Warranties Care Possible makes no warranty regarding the quality of any Content or Users, including the accuracy, timeliness, truthfulness, completeness or reliability of any Content used, seen or otherwise obtained through The Platform. No advice or information, whether oral or written, obtained from Care Possible or through The Platform, will create any warranty not expressly made in these Terms.
42 Advertising Care Possible may allow advertisements and links on The Platform. By allowing advertising, Care Possible does not recommend or endorse advertisers’ goods or services, and you agree Care Possible is not responsible for anything promised, said, done or omitted by such advertiser.
43 INDEMNITY YOU AGREE TO INDEMNIFY, CARE POSSIBLE AND ITS RELATED COMPANIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, AND KEEP THEM HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE PLATFORM OR YOUR NON-COMPLIANCE WITH THESE TERMS; YOUR CONTENT; AND YOUR INTERACTIONS WITH ANY USER.
44 EXCLUDED LIABILITY YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, ANY CONTACT YOU HAVE WITH OTHER USERS OF CARE POSSIBLE WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. CARE POSSIBLE IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE PLATFORM, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CARE POSSIBLE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET OUT IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
45 LIMITED LIABILITY IF FOR ANY REASON THE EXCLUSIONS FROM LIABILITY IN THESE TERMS DO NOT APPLY, THEN CARE POSSIBLE'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE OR SERVICES WILL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO CARE POSSIBLE IN THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR $150, WHICHEVER IS THE GREATER. THESE LIMITATIONS OF DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CARE POSSIBLE AND YOU.
46 Force Majeure Care Possible has no liability for non-performance, unavailability or failure of The Platform, or compliance with these Terms (“failures”) if the failures arise from any cause reasonably beyond Care Possible’s direct control.
47 Amendments Care Possible may, in its sole discretion, change The Platform, these Terms, (including Fees) at any time and without prior notice. If we change these Terms, the change will take effect on the earlier of when we post the change on The Platform or otherwise provide you with notice of the change. By continuing to access or use The Platform after we have posted a change on The Platform or have provided you with notice of a change, you are indicating that you agree to be bound by the changed Terms.
48 Assignment You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Care Possible may assign or transfer these Terms, at its sole discretion, without restriction. These Terms bind the parties, their successors and permitted assigns.
49 Notices Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Care Possible via email (in each case to the address that you provide it) or by posting to The Platform. For notices made by e-mail, the date of receipt will be deemed the date on which the notice is transmitted.
50 GOVERNING LAW THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF MANITOBA AND THE LAWS OF CANADA APPLICABLE THEREIN AND THE USER HEREBY IRREVOCABLY ATTORNS TO THE JURISDICTION OF THE COURTS OF MANITOBA.
51 DISPUTE RESOLUTION UNLESS OTHERWISE PROVIDED FOR IN THIS AGREEMENT, THE DISPUTE RESOLUTION PROCEDURES OF THIS ARTICLE 52 SHALL BE THE EXCLUSIVE MECHANISM TO RESOLVE DISPUTES ARISING UNDER THIS AGREEMENT. THE PARTIES AGREE TO USE THEIR RESPECTIVE BEST EFFORTS TO RESOLVE ANY DISPUTE(S) THAT MAY ARISE REGARDING THIS AGREEMENT. ANY DISPUTE THAT ARISES UNDER OR WITH RESPECT TO THIS AGREEMENT THAT CANNOT BE RESOLVED SHALL IN THE FIRST INSTANCE BE THE SUBJECT OF INFORMAL NEGOTIATIONS BETWEEN THE PARTIES INVOLVED IN THE DISPUTE. THE DISPUTE SHALL BE CONSIDERED TO HAVE ARISEN WHEN ONE PARTY SENDS THE OTHER PARTY(IES) INVOLVED IN THE DISPUTE A WRITTEN NOTICE OF DISPUTE. IN THE EVENT THAT THE PARTIES INVOLVED IN THE DISPUTE CANNOT RESOLVE A DISPUTE BY INFORMAL NEGOTIATIONS, THE PARTIES AGREE TO SUBMIT THE DISPUTE TO MEDIATION. IN THE EVENT THAT THE PARTIES FAIL TO AGREE UPON A MEDIATOR, THE PARTIES SHALL REQUEST THAT THE ADR INSTITUTE OF MANITOBA APPOINT A MEDIATOR AND THE MEDIATION WILL BE HELD IN WINNIPEG, MANITOBA OR OTHER MUTUALLY AGREED TO VENUE. THE PERIOD FOR MEDIATION SHALL COMMENCE UPON THE APPOINTMENT OF THE MEDIATOR AND SHALL NOT EXCEED SIXTY (60) DAYS, UNLESS SUCH TIME PERIOD IS MODIFIED BY WRITTEN AGREEMENT OF THE PARTIES. THE DECISION TO CONTINUE MEDIATION SHALL BE IN THE SOLE DISCRETION OF EACH PARTY INVOLVED IN THE DISPUTE. THE PARTIES WILL BEAR THEIR OWN COSTS OF THE MEDIATION. THE MEDIATOR’S FEES SHALL BE SHARED EQUALLY BY ALL PARTIES INVOLVED IN THE DISPUTE. IF THE PARTIES CANNOT RESOLVE A DISPUTE BY INFORMAL NEGOTIATIONS OR MEDIATION, THE PARTIES AGREE TO SUBMIT SUCH DISPUTE TO ARBITRATION AND AGREE THAT THE ARBITRATION PROCESS PROVIDED FOR IN THIS ARTICLE 52 SHALL BE THE EXCLUSIVE MEANS FOR RESOLVING DISPUTES WHICH THE PARTIES CANNOT OTHERWISE RESOLVE THROUGH INFORMAL NEGOTIATION OR MEDIATION AS DESCRIBED ABOVE.
52 General A failure by Care Possible to enforce any part of these Terms will not constitute a waiver and any enforcement of these Terms is without prejudice to any other remedies available to Care Possible. If a part of these Terms is invalid or unenforceable then that part will be split from the Terms and the remaining Terms will not be affected.
53 Survival You agree that those Articles that by their nature are intended to survive the termination of this agreement shall survive the termination or expiration notwithstanding the cause of termination or expiration.
54 Third party beneficiary These Terms do not and are not intended to confer any rights or remedies on any person other than the parties.
55 Entire Agreement These Terms constitute the entire and exclusive understanding and agreement between Care Possible and you regarding The Platform and these Terms supersede and replace any and all oral or written understandings or agreements between Care Possible and you regarding The Platform.
56 Contacting Care Possible If you have any questions about these Terms please contact Care Possible at support@carepossible.ca.
57 Glossary These terms have these meanings:
“Advertiser” includes a User who provides a Listing for a Job or a Profile or other information using the ad placement features of The Platform
“Client” means a User who requires services the subject of a Listing for a Job or who is an Organiser in relation to that Listing or Job
"Content" includes text, graphics, images, documents, files, music, software, audio, video, information in connection with Accounts and Listings and other information or materials, posted, uploaded or transmitted, or made available on The Platform
"Fees" means the amounts charged by Care Possible in relation to The Platform
"Listing" means a Profile or a Job or other searchable information on The Platform
“Job” means a description of services required or sought by a Client and published on The Platform in the format provided by Care Possible from time to time
"Manitoba Possible", "we", "us", or "our" means Manitoba Possible Ventures Inc.
"Care Possible Account" means the account membership status and information required by Care Possible
“Organiser” means a User who has an organiser role (as determined by Care Possible from time to time) when using The Platform
“Party” or “Parties” means any one or more of Manitoba Possible, Worker, Client, Organizer, User, or their Affiliate having assigned its rights under this Agreement.
“Platform” includes the Site, Services and Content
“Profile” means the information provided by a Worker or other User describing the Worker or User and the services the Worker or other User offers
"Services" means the functionality and services provided by Care Possible via The Platform
"Site" means www.Care Possible.ca and any other websites or mobile application through which Care Possible makes the Services available
"Tax" or "Taxes" means any taxes, amounts in the nature of tax, scheduler payments and withholdings that may be requested or required by law to be paid, collected or deducted and remitted to governmental agencies
“User” means all users of The Platform including a person who completes Care Possible’s registration process and opens a Care Possible Account, and including but not limited to Clients, Workers, Advertisers and other Users
“Visit” means a scheduled visit or attendance by a Worker for a Client where the Worker provides services in relation to a Job
"Worker" means a Member who creates a Profile or uses the Services relating to a Job and includes a volunteer
“You” and “your” are a reference to you