Please read the following carefully.
- Nature of our Services
Ava’s Help understands the challenges of finding a babysitter so we created this Site to enable people seeking babysitting services (the “Parent”) for their own children (the “Children”) to connect with people who want to provide these babysitting services (the “Babysitter”). Parents and Babysitters agree that the Babysitters will only provide babysitting services at the Children’s own home and for the Children who reside at this home. Our Services only provide a platform to enable people to connect with one another, and therefore, Ava’s Help does not:
- provide any child care services, babysitting services, early years programs and services and any other services for the temporary care and supervision of children;
- act as an agent for child care services, babysitting services, early years programs and services and any other services for the temporary care and supervision of children; including without limitation, we do not act as a home child care agency or as a referral, matching or placement service; and
- provide employment services or act as an employer to any Users.
Ava’s Help is not involved in the transactions between Babysitters and Parents, and any Users must arrange for the babysitting services solely between themselves.
In order to register, set up an account and use our Services as a Parent or Babysitter, you agree that you:
- are at least eighteen (18) years old and your use of our Services is a representation to Ava’s Help that you are at least eighteen (18) years of age. You agree to cooperate with Ava’s Help and our reasonable measures to verify your identity and authority in connection with your use of our Services;
- have never been convicted of and/or are not currently awaiting trial for any criminal offence under the Criminal Code (Canada) including murder, infanticide, duty of persons to provide necessaries, child pornography, sexual interference, fraud, theft, or any other offence that involves endangering the safety of others;
- are not currently required to and have never been required to register as a sex offender in any jurisdiction;
- do not reside with a person who has been convicted of and/or is awaiting trial for any criminal offence under the Criminal Code (Canada) including murder, infanticide, duty of persons to provide necessaries, child pornography, sexual interference, fraud, theft, or any other offence that involves endangering the safety of others, if you are a Parent using the Services; and
- have a legal right to work in Canada, if you are a Babysitter using the Services.
In order to use our Site, Babysitters and Parents will be required to register and/or set up an account. In order for Parents to use our Services, they will be required to become members through payment of a membership fee. Babysitters are not required to pay a membership fee to access our Services. In order to register and/or set up an account, you may be required to choose a password, username, and/or other registration information, including, but not limited to, personal information (collectively, “Registration Information”).
You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must update it by sending the corrected Registration Information to us at: email@example.com or by using the appropriate update mechanism on our Site, if available. If we believe that the Registration Information you provide is not correct, current, or complete, Ava’s Help reserves the right to refuse you access to our Services. However, Ava’s Help has no obligation to verify the accuracy, currency completeness or usefulness of any Registration Information that you have provided to us.
If you register and/or set up an account on the Site, you will be solely responsible for maintaining the confidentiality of any username, password and similar information. You may not authorize others to use your username, password, account, or similar information. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.
If we cancel your username or password for any reason, you must not reregister with Ava’s Help without our prior consent. In the event that you reregister with Ava’s Help without our prior written consent, we will have the right, in our sole discretion, to cancel your username and password without notice to you.
- Restrictions On Use
- User Content
You agree to only post User Content to which you own all proprietary right, title and interest, or have a license or written consent from the owner to post such User Content on our Site. You grant Ava’s Help a worldwide, royalty-free, fully-paid, non-exclusive, transferable, sub-licensable license to use, reproduce, publicly perform, publicly display, publish, distribute, and create derivative works of any User Content. We acknowledge and agree that you will own all proprietary right, title and interest in your own User Content. Any opinions and comments in User Content are those of the Users themselves and in no way represent the views and opinions of Ava’s Help.
- Use of our Services and Communication Guidelines
By using our Services, you may decide to interact with a Babysitter or Parent by email, phone or in-person. Although Ava’s Help is not involved with any transactions between Parents and Babysitters, we expect our Users to use our Services in a professional and responsible manner in accordance applicable laws and to treat all Users lawfully, respectfully and honestly when interacting with one another by email, phone or in-person.
By using our Services, you further agree that you will use our Services for lawful purposes only and represent and warrant that you will not use our Services to:
- post, transmit, provide us or our Users with or otherwise communicate any User Content or other information that is obscene, illegal, threatening, defamatory, libellous, harmful, abusive, harassing, tortuous, homophobic, sexist, vulgar, obscene, hateful or racially, ethically or otherwise objectionable, invasive of privacy, or is otherwise injurious to third parties;
- post User Content or communicate with Users or Ava’s Help in a manner that causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm or annoy Users or Ava’s Help;
- post, transmit or communicate any User Content or other information known by you to be false, inaccurate or misleading;
- impersonate any person or misrepresent your affiliation with any person or entity or imply that User Content is in any way endorsed or sponsored by Ava’s Help;
- post, transmit or provide any content that contains photographs or images of another person;
- post, transmit or provide us or Users with User Content or any other Information that infringes, misappropriates, or otherwise violates any third party’s copyright, patent, trade-mark, or other proprietary right of publicity or privacy, or encourages or enables any other party to do so;
- post, transmit, collect or store the User Content or other personal information about other Users, including but not limited to retaining the photographs or comments of other persons;
- post, transmit or communicate any User Content or other content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- post, transmit or communicate any User Content or other content that contains unsolicited or unauthorized advertising, branding, promotional materials, commercial solicitation, political campaigning, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- post, upload, send via Internet or otherwise transmit any software viruses or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment or that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or limits the functionality of Ava’s Help, Users or third party computer hardware, software, networks, or hardware or telecommunications equipment;
- interfere or attempt to interfere with or disrupt our Services including but not limited to our servers or networks connected to our Site, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any “denial of service” attacks, “spamming”, “crashing”, “flooding” or “mail-bombing” our Site or disobeying any requirements, procedures, policies or regulations of networks connected to our Services;
- direct bots, spiders, crawlers, avatars, intelligent agents or any other automated process at our computer systems or otherwise, create unreasonable load upon any of our computer hardware, network, storage, input/output or electronic control devices;
- remove any proprietary notices or labels, or any promotional or advertising material, from our Services;
- use our Services for any public or commercial purposes, without the express prior written permission of Ava’s Help;
- intentionally or unintentionally violate any applicable local, provincial, national or international law, rule or regulation applicable in connection with our Services; or
- modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any of our Services, including but not limited to any portion of our Site.
- Proprietary Information
The entire contents of the Site, including without limitation, all names, designs, graphics, images, illustrations, photographs, artwork, video, audio, software, code, data, text, displays, the Site’s “look and feel”, logos, slogans, trade-marks, trade names, service marks, domain names, and the design, selection, arrangement and presentation of the Site as a collective work and/or compilation is protected under Canadian copyright, trademark, competition and other laws of Canada and other nations, and is owned by Ava’s Help or has been licensed to Ava’s Help, except User Content which is owned by the User itself. Nothing contained in this Site and provided by our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade-mark, service mark, logo or any other intellectual property.
- Third Party Content
Our Services may also contain information or materials (“Third Party Content”) that is owned or provided by persons other than Ava’s Help (“Third Party Providers”) including but not limited to an online “blog”. Ava’s Help makes no representations and warranties with respect to any such Third Party Content and does not undertake to conduct any independent investigation of Third Party Content. Inclusion of Third Party Content from Third Party Providers with our Services does not mean, unless expressly stated otherwise, that Ava’s Help endorses or agrees with such Third Party Content. Any opinions or comments expressed in such Third Party Content are those of the Third Party Providers and in no way represent the views of Ava’s Help.
You understand that you have no proprietary rights in the Third Party Content and that the Third Party Providers retain all proprietary right, title or interest, including copyright, in their respective Third Party Content.
You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in any way, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Third Party Content, in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without the prior written consent of the Third Party Providers. You shall use your best efforts to stop any such copying or distribution immediately after you become aware of such use.
- Disputes between Users
Parents and Babysitters are solely responsible to resolve any disputes or disagreements between themselves relating to their babysitting services, any Babysitter or Parent reviews or comments on our Site, and any payments made or due for such babysitting services (the “Disputes”). Ava’s Help will not be a party to any such Disputes and will not be obligated to take any action towards resolving such Disputes.
- Online Payments
Ava’s Help offers an online payment service to facilitate the payments made between Parents and Babysitters (“Payment Service”). This Payment Service is controlled and operated by a third party site. If you have any questions or concerns about this Payment Service, you can contact Ava’s Help at the following email address: firstname.lastname@example.org.
- Disclaimer of Warranties/Limitation of Liability
- Ava’s Help makes no representations or warranties about the Babysitters, Parents, Children or homes at which babysitting services are provided (the “Homes”). Ava’s Help does not screen, provide background checks of, or assess the Babysitters, Parents and Children, nor do we inspect or monitor the Homes. You are required to make your own assessment of the Homes, Babysitters, Children and Parents with whom you decide to interact, engage or provide babysitting services to.
- Any advice that we may offer through our Services, such as the FAQ section, is for informational purposes only and does not promise any positive results or replace any professional financial, medical, legal or other advice.
- Ava’s Help is not responsible for any User Content and we make no representations or warranties that Users will not copy, alter, transmit or post the User Content of other Users. We also do not guarantee or promise that Users will not disclose personal or confidential information of Babysitters, Parents and Children that was revealed while providing or receiving babysitting services.
- Babysitters and Parents arrange for babysitting services themselves. Ava’s Help is not a party to these arrangements. YOU ACKNOWLEDGE THAT IF YOU CONTACT ANY PARENTS OR BABYSITTERS, YOU DO SO AT YOUR OWN RISK. You understand that Ava’s Help bears no responsibility for any oral and written communications, face-to-face interactions or any other experiences between Parents, Children and Babysitters.
- Ava’s Help does not warrant or represent that information available for access or downloading from the Internet, hyperlinked sites or our Site will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. YOUR USE OF THE INTERNET IS AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM ANY INTERNET ACCESS OR OUR SERVICES.
- IN NO EVENT SHALL AVA’S HELP, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, THIRD PARTY PROVIDERS, AGENTS OR ADVISORS (“ASSOCIATED PERSONS”) BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL OR MENTAL DISTRESS, LOSS OF PERSONAL RELATIONSHIPS, LOSS OF INCOME, LOSS OF PROFITS, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTIONS, FAILURE TO REALIZE UNEXPECTED SAVINGS, DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER INTANGIBLE LOSSES OR OTHER ECONOMIC OR PERSONAL LOSS ARISING FROM OR IN CONNECTION WITH: (I) YOUR INTERACTIONS WITH OTHER USERS, WHETHER ONLINE OR OFFLINE; (II) YOUR USE OF OR RELIANCE ON INFORMATION OR OTHER CONTENT PROVIDED BY AVA’S HELP OR BY USERS WHETHER POSTED ON THE SITE OR TRANSMITTED TO OR BY ANY USER OF THE SITE; (III) ANY REVIEWS AND CONSEQUENCES FROM SUCH REVIEWS MADE ABOUT YOU ON THE SITE BY OTHER USERS; (IV) YOUR USE OF OR INABILITY TO USE OUR SERVICES, INCLUDING WITHOUT LIMITATION YOUR TERMINATION OR SUSPENSION OF OUR SERVICES; (V) YOUR VIOLATIONS OF INTELLECTUAL PROPERTY RIGHTS OR PRIVACY RIGHTS; (VI) ANY FAILURE OF PERFORMANCE OF OUR SERVICES, WHETHER RELATED TO ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE; (VII) THE UNAUTHORIZED USE OF USER CONTENT OR YOUR ACCOUNT AND PASSWORD BY ANY PERSON; (VIII) ANY ACTION TAKEN BY AVA’S HELP DURING OR AS A RESULT OF ANY INVESTIGATIONS; (IX) ANY THIRD PARTY CONTENT OR HYPERLINKED SITES; OR (X) ANY OTHER MATTERS RELATING TO OUR SERVICES, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, FUNDAMENTAL BREACH, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, WHETHER OR NOT AVA’S HELP HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT YOU MIGHT INCUR SUCH DAMAGES.
- AVA’S HELP DISCLAIMS ANY AND ALL SUCH ABOVE REPRESENTATIONS, WARRANTIES AND CONDITIONS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
- System Security
- Applicable Law
- Entire Agreement
- No Agency; Third Party Beneficiary
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder without the prior written consent of Ava’s Help.
- No Waiver
- Last Modified
These Terms and Conditions were last modified on March 24, 2016.