Terms of Use for all registered and non-registered users

Asian Caregivers will use the information you provide on our website in accordance with our Privacy Policy. For more information, see our full Privacy Policy.

Asian Caregivers mission is to connect individuals seeking care (“care seekers”) for seniors with self-employed, independent home care, personal support, and home help workers (“caregivers”) who have the skills to provide culturally sensitive care in an Asian language through its online platform www.asiancaregivers.ca.

Users who are care seekers register on the platform to post a job ad that specifies their preferred language, job location and required caregiver services. Care seekers are third party employers who register on the platform to post a job ad for the purpose of finding a caregiver for a care recipient. The care recipient is the person who will be attended to or supported by the caregiver and may be the care seeker, or a care seeker’s parent/relative/friend/client/beloved pet.

Users who are caregivers register on the platform to post a professional profile to promote their qualifications, skills, and services. Caregivers may be Canadian/U.S. regulated health care providers such as registered nurses or unregulated health care providers such as informally/formally trained personal support workers, student health professionals in training, unlicensed foreign credentialed nurses or medical professionals trained in another country, domestic home helpers such as homemakers, housekeepers, in-home cooks, maids, pet carers. Caregiver profiles are designed to promote a caregiver’s care culture-sensitive skills, language qualifications, and professional vision for elderly, disabled or chronically ill requiring in-home care.  

Asian Caregivers business vision is informed by My-CARE© principles:

My home wherever will be the place for...

Culture-sensitive care where I stay...

Active and feel...

Respected and am ...

Empowered!

Definitions and Terms of References

Family Caregiver – A family member or a relative who coordinates or provides care to the care recipient.

Caregiver – A job seeker who is an individual who offers private home support services to seniors in the areas of home care nursing, personal support work, companionship, cooking and meal preparation, housekeeping, and other home help services. Job seekers can be nurses or nursing students, personal support workers (PSWs), allied health care workers, companions, housekeepers and private cooks. Caregivers profiled on the Website are job seekers and are not employees, representatives or agents of Asian Caregivers.

Care Recipient – The person who will be attended to or supported by the caregiver. Care Recipients are typically a family caregiver’s parent/relative, or client of agency care seekers. When a care seeker is seeking care for him/herself/themself, he/she/they is/are also the care recipient(s).

Care Seeker – An individual who is seeking a caregiver for him/herself/themself or on behalf of any care recipient(s) with the legal authority and responsibility to screen, interview and hire a caregiver registered on the Asian Caregivers’ platform. Care seekers can be a family caregiver or an appointed person acting on behalf of a home care agency or recruiter seeking care for a client. Care seekers posting jobs on the Website are not employees, representatives or agents of Asian Caregivers.

Registered Website Users – Caregivers or care seekers with an Asian Caregivers account.

Website Features & Services

To use certain website features and services, Asian Caregivers website users must open an online account and create either a care seeker or caregiver profile to interact with each other.

A care seeker must open a “care seeker” account. The care seeker can create job ads and use the website’s search tool to search and map caregiver profiles by geographical location, spoken languages and services offered. A paid subscription enables the subscribed care seeker to view caregiver photos, contact and start conversations with caregivers registered on the platform, view messages in the platform’s message center, and send or respond to messages from registered caregivers.  

A caregiver must open a “caregiver” account. The caregiver can create a professional profile and use the website’s search tool to search and filter job ads by geographical location, required languages and required services. Caregiver profiles are approved and activated conditional on the posting of a profile photo and completing the required fields on the website registration form. Activation of a caregiver profile allows a caregiver to apply to job postings, view messages in the platform’s message center and send or respond to messages from subscribed care seekers.

In summary, Asian Caregivers offers users the following online website features and tools (“Services”):

Website Feature/Tool	Unpaid Subscription	Paid Subscription
Care Seeker Services
Caregiver search filter and map	√	√
Post multiple job ads	√	√
View caregiver profiles	√	√ + Photos
Access to message center	N/A	-View and respond to caregiver messages. -Start conversations with caregivers
Caregiver Services
Job Ad search filter and map	√	√
Post online profile	√	√
View job ads	√	√
Access to message center	N/A	-View and respond to care seeker messages. -Start conversations with care seekers

 

Service Limitations

Asian Caregivers offers an online web-based platform where users seeking care (care seeker) can create and post a job ad to find a caregiver or users providing care (caregiver) can create and post their profiles to promote their services and find a job.

Asian Caregivers does not verify, review, evaluate, interview, screen, recommend or perform background checks on care seekers or caregivers or vet the data or content they enter to create job ads or caregiver profiles for completeness or accuracy.

Asian Caregivers is not a referral service and care seekers and caregivers are not employees, or representatives or agents of Asian Caregivers.

Asian Caregivers is not a party to any agreement between a care seeker and caregiver. Care seekers are the potential employers of caregivers and are wholly responsible for ensuring compliance with all applicable employment laws and wage standards, occupational health and safety and worker’s compensation program requirements.

Asian Caregivers is not responsible for the online or offline conduct of any site user and does not moderate online or offline conversations between care seeker and caregivers and does not get involved in the online or offline interactions and any agreements made between care seekers and caregivers. Care seekers and caregivers who meet each other on the Asian Caregivers website will assume all risks, including potential risks of online bullying and physical harm associated with meeting and dealing with persons contacted through the website.

Asian Caregivers cannot guarantee or provide assurance to care seekers that caregivers will respond to care seeker messages or that care seekers will be successful in their recruitment effort before their paid subscription period expires.

Asian Caregivers cannot guarantee or provide assurance to caregivers that care seekers will respond to caregiver applications or that caregivers seeking employment will be successful in finding a job through the platform.

Asian Caregivers does not moderate, verify, or remove any reviews of other information posted on www.asiancaregivers.ca or on third party websites about care seekers or caregivers by other website users and disclaims any liability whatsoever for ay misstatements and/or misrepresentations made by any website users.

In addition to the service limitations described in these Terms of Use, website users are encouraged to read Asian Caregivers’ online Safety Reminders and Privacy Policy.

Asian Caregivers reserves the right to discontinue or modify the Termsand its policies regarding the use of Asiancaregivers.ca Services at any time and to notify the user by posting an updated version of the Term of Use on the Website. You, the user, are responsible for regularly reviewing the Terms. You consent to the updated Terms when you continue to use Asiancaregivers.ca Services after the updated version of the Termshas been posted to the Website.

By using Asiancaregivers.ca Services you agree that all matters relating to your access to or use of the Website, including all disputes are subject to the applicable consumer protection laws of the province where you reside, and will be governed by the laws of the Province of Ontario, Canada without regard to its conflict of law provisions. Subject to applicable consumer protection laws of the province where you reside, you expressly agree and consent to the exclusive jurisdiction and venue of the courts of Toronto, Ontario, Canada for the resolution of any such dispute.

Any claim under these Terms must be brought within one (1) year after the cause of action arises or such claim or cause of action is barred.

A user of the Asiancaregivers.ca website is defined as any visitor (individual or individual representing an organization) to the Website accessing Asiancaregivers.ca services as a guest or member.

To be eligible to use Asiancaregivers.ca Services and the Website you must be of 18 years of age or older and have the capacity to form legally binding contracts according to the laws of the Province in Canada in which you reside. You warrant that you will not use Asiancaregivers.ca Services for any purpose that is unlawful or prohibited by the Terms.

Member Account Holder Responsibilities

When you open an Asian Caregivers online “care seeker” or “caregiver” member account, you represent and warrant that:

• you 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
• you are not nor have ever been registered, and are not currently required to register, as a sex offender with any government entity.

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.

You will not use another user’s Asian Caregivers account without the account holder’s permission.

You will not under any circumstances use the Asian Caregivers website or services for any unlawful purpose or for the promotion of illegal activities; in any way that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable and offensive; or, in any way to harass, abuse or harm another person or group.

You will not interfere or attempt to interfere with the proper functioning of Asian Caregivers services and website features.

As there are risks associated with meeting someone online through Asian Caregivers’ website at www.asiancaregivers.ca you, as a user (visitor, care seeker, caregiver) assume all risks associated with dealing with any person with whom you come in contact through the site.

You must register an account in your own legal name and provide accurate, current, and complete information in connection with your registration.

If you are a care seeker, you must be an individual acting on your own behalf, or on behalf of a loved one, your client, health care organization or recruitment agency to find a caregiver. You cannot register as a caregiver. As the potential employer, you shall assume sole responsibility for screening, interviewing, and hiring caregivers you meet or interact with on the Asian Caregivers platform.  

If you are a caregiver, you must be the individual who will be providing the care to the client. You must upload a profile photo that is an accurate representation of your current appearance. You will register a residential address in Canada and must have proof of Canadian Citizenship or Immigration Status or have a current, valid Canadian working visa. To register on the Website, you must provide a residential street address in Canada. If you do not comply with the photo and question field requirements (*) you will not be able to use your Asian Caregivers message center and your account is subject to deletion. If you are not legally entitled or authorized to work in Canada do not register to use Asian Caregivers website or website services.

Password, and Security

The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.

You are solely responsible for all activities that occur under your Account. Therefore, you should protect your password and make your password difficult for others to guess. You will not transfer your Account to another party without our consent.

If your Account is in good standing, you agree to solely accept responsibility to maintain, update and delete your account profile and all activities that occur under your account or password. If, however, you fail to comply with Asian Caregivers Terms of Use, Asian Caregivers reserves the right to deactivate or delete your account profile.

Users with a paid care seeker membership are subject to the following terms and conditions:

• The price and terms of subscription is established by the pricing structure at the time and date of registration. Pricing may vary by promotions selected at the time of registration.
• Asiancaregivers.ca reserves the right to change the pricing structure without notice at any time.
• For all fees, Asiancaregivers.ca will charge the user's credit card according to the agreed-upon fee between User and Asiancaregivers.ca for access to the Asiancaregivers.ca Site. While Asiancaregivers.ca will use reasonable commercial efforts to ensure the privacy of all credit cards and all other personal information, we expressly disclaim any liability for any damages that may result should any information be released to any third party.
• Asian Caregivers will not be held accountable for any damages that may result from Asiancaregivers.ca using a third-party service (like PayPal but not limited to), to process credit card information.

• Asian Caregivers reserves the right to terminate your account for inactivity, which is defined as failing to log into Asiancaregivers.ca Services for a period of 90 days since the user's last log on to Asiancaregivers.ca Services. Upon termination of Asiancaregivers.ca Services, the user's right to use Asiancaregivers.ca Services immediately ceases.

• When an account is terminated, Asiancaregivers.ca will have no obligation to maintain any of the content relative to your account, nor will Asiancaregivers.ca have any obligation to forward any unread or unsent messages to you or any third party.
• Asiancaregivers.ca will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. If actual damages cannot be reasonably calculated you agree to pay Asiancaregivers.ca liquidated damages of $8 CAD for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay Asian Caregivers’ actual damages to the extent that such actual damages can be reasonably calculated.

Communication

When you use any Asian Caregivers.ca Services or send e-mail to us you consent to receive communications from us electronically. You agree and warrant that:

• Asian Caregivers will communicate with you by e-mail or by posting notices on the Asiancaregivers.ca site or through the other Asiancaregivers.ca Services; Asian Caregivers is not responsible or liable for your deletion of or the failure to store such communications.
• Asian Caregivers may communicate with you by telephone to assist you with complying with the registration or subscription requirements and process.
• Asian Caregivers takes no responsibility and assumes no liability for any content posted by you or any third party.
• All agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications have been received by you in writing.
• You will use Asiancaregivers.ca Services only to send and receive personal messages and that any unauthorized commercial use of Asiancaregivers.ca Services, or the resale of its services, is expressly prohibited. Agent organizations appointed to act on behalf of care seeking individuals or families agree to use Asiancaregivers.ca Services and the Website only as an information source and must use their own agency prepared materials when presenting to clients.
• You will abide by all applicable local, provincial, state, national and international laws and regulations and you are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through Asiancaregivers.ca Services and the Website.
• Asiancaregivers.ca has no obligation to monitor Asiancaregivers.ca Services or the use of Asiancaregivers.ca Services by any user nor does Asiancaregivers.ca have any obligation to retain the contents of any user session. However, Asiancaregivers.ca will always reserve the right to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request and to remove or edit such content.
• You grant Asiancaregivers.ca a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display throughout the world in any media any content you post or material you submit.

Content

 

You may post reviews, comments, photos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, providing that the content is not illegal, obscene, threatening, defamatory, an invasion of privacy, an infringement of intellectual property rights, objectionable, injurious or potentially injurious to third parties, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages.

User Conduct

If there are concerns about your identity or any of the personal information you have provided in your account profile, you agree that Asian Caregivers may request verification checks from third party service providers, subject to any applicable laws, with respect to your name, address, email, etc. or representations you have made about your criminal background. Verification checks may include, but not limited to media streams, terrorist, criminal, fugitive, and fraud watch lists, sex offender registries, etc. If you submit any information considered to be offensive, illegal, violates the rights, harm, threaten the safety of website users or violates the terms of this agreement or the standards of the Asian Caregivers’ community, Asian Caregivers may, in its sole discretion, review and delete either the content or your account profile.

The results of any verification checks may impact your ability to access and use Asian Caregivers services and website features. If upon verification you are found to have falsified your legal name, address, or date of birth or provide false or misleading background information, Asian Caregivers reserves the right to disqualify you from using the website and its services and features.

You also agree and warrant that you will not:

• Use Asiancaregivers.ca Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any unsolicited commercial or personal messages.
• Abuse, defame, harass, stalk, threaten, or violate the privacy or publicity of others.
• Advertise or offer to sell or buy any goods or services for any non-personal purpose.
• Attempt to gain unauthorized access to Asiancaregivers.ca Services, other accounts, computer systems or networks connected to Asiancaregivers.ca Services by any means.
• Collect information about others, including email addresses, without their consent.
• Create a false identity or email address for the purpose of impersonating any person or entity or to mislead others as to the identity of the sender or the origin of a message.
• Distribute, disseminate, post, or publish any defamatory, inappropriate, indecent, infringing, obscene, profane, or unlawful material or information.
• Interfere with or disrupt networks connected to Asiancaregivers.ca Services or violate the regulations, policies, or procedures of such networks.
• Use, download, copy, modify, distribute, reproduce, republish, post, transmit, or upload in any way content that is only available to subscribers of Asiancaregivers.ca Services, and the Website including code and software to another person or entity who is a non-subscriber of Asiancaregivers.ca Services.
• Interfere with a user or member's use and enjoyment of Asiancaregivers.ca Services.
• Transmit or upload any material that contains harmful or deleterious programs such as but not limited to computer cancelbots, time bombs, trojan horses, worms, viruses.
• Transmit or upload any material that is protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents.
• Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software through Asiancaregivers.ca Services.

Links on the Asiancaregivers.ca Website when accessed on may enable the user to leave the Website. Asiancaregivers.ca PROVIDES THESE LINKS TO THE USER ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ANY ENDORSEMENT BY Asiancaregivers.ca OF THE SITE OR ANY ASSOCIATION WITH THEIR OPERATORS. Asiancaregivers.ca can refuse third parties to link to our Site and shall not be required to give any explanation for such refusal.

As these linked sites are not under the control of Asiancaregivers.ca, Asiancaregivers.ca IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, ANY CHANGES OR UPDATES TO SUCH SITES OR FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FORM ANY LINKED SITE.

Asiancaregivers.ca will not be responsible or liable for any part of any dealings you may have with advertisers on Asiancaregivers.ca Services or with promotions offered to you, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party.

All content made available through Asiancaregivers.ca Services, or Asiancaregivers.ca's advertisers or other content providers such as audio clips, button icons, data compilations, digital downloads, graphics, images, logos, music, software, sound, text, photographs, trademark or trade dress or any other material contained in either sponsor advertisements is the intellectual property of Asiancaregivers.ca or its content suppliers, and is protected by Canadian, U.S. and international copyright laws and may not be used in connection with any service or product that is not Asiancaregivers.ca's or its affiliates', in any manner that is likely to cause confusion among customers, or in any manner that discredits or disparages Asiancaregivers.ca or its affiliates.

All rights not expressly granted to you in these Terms of Use are reserved and retained by Asiancaregivers.ca or its licensors, suppliers, publishers, rights holders, or other content providers.

The licenses granted by Asiancaregivers.ca terminate if you do not comply with the Terms. Asiancaregivers.ca reserves the right to refuse service, terminate accounts, remove, or edit content, or cancel orders in its sole discretion.

Subject to your compliance with these Terms and your payment of any applicable member subscription fees to access Asiancaregivers.ca Services or the Website content you may make a copy of this content only for your personal, non-commercial use, provided that, you keep all copyright and other proprietary notices intact.

You may use the Asiancaregivers.ca Services only as permitted by law. You may not misuse the Asiancaregivers.ca Services or the Website. You may not enclose any trademark, logo, or other proprietary information with a frame of any sort (including images, text, page layout, or form) of Asiancaregivers.ca or utilize or link to Asiancaregivers.ca name or trademarks using any meta-tags or any other "hidden text" without the express written consent of Asiancaregivers.ca.

This licence does not include any resale or commercial use of any Asiancaregivers.ca Service or its contents; any collection and use of any service or product listings, descriptions, or prices; any derivative use of any Asiancaregivers.ca Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Asiancaregivers.ca because of this agreement or use of Asiancaregivers.ca Services. Asiancaregivers.ca does not meet or screen any applicant or employer using this site. You, the user assumes full responsibility for the hiring process. Any advice provided through this website is intended as a guide for employers, applicants, and agencies to aid them in a hiring process and should not be substituted for independent legal or professional counsel.

Asiancaregivers.ca does not represent or warrant that Asiancaregivers.ca Services will be uninterrupted or error-free, that defects will be corrected, or that Asiancaregivers.ca Services or the server that makes it available are free of viruses or other harmful components. Asiancaregivers.ca does not warrant or represent that the use or the results of the use of Asiancaregivers.ca Services or the materials made available as part of Asiancaregivers.ca Services will be correct, accurate, timely, or otherwise reliable.

You specifically agree that Asiancaregivers.ca shall not be responsible for unauthorized access to or for the alteration of transmissions, data or any material sent or received or not sent or received, or any transactions entered through Asiancaregivers.ca Services. You specifically agree that Asiancaregivers.ca is not responsible or liable for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or for any infringement of another's rights, including intellectual property rights. The user specifically agrees that Asiancaregivers.ca is not responsible for any content sent using and/or included in Asiancaregivers.ca Services by any third party.

Asiancaregivers.ca acts as a passive conduit for the online distribution and publication of information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users.

You agree to indemnify and hold Asiancaregivers.ca, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of the user’s use of or conduct on Asiancaregivers.ca Services.