PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YouR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES. IN PARTICULAR, YOU SHOULD UNDERSTAND HOW THE LAWS WORK IN YOUR JURISDICTIONS AND MYBESTHELPER SOLUTIONS INC. DOES NOT PROVIDE ANY ADVICE ON HOW TO INTERPRET AND COMPLY WITH THE APPLICABLE LEGISLATION.
This is an agreement between Mybesthelper Solutions Inc. (“Mybesthelper Solutions") a British Columbia (BC) corporation, the owner and operator of the myBestHelper and myCrew Sites, Applications, Content, Referral Programs and Services (“Services”), and You (“You”), a user of the Services, whether or not You become a registered user (“Member”) of the Services. This agreement governs Your use of the Services. BY USING THE SERVICES, You ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE. You are responsible for your use of the Services, for any Content You post to the Services, and for any consequences thereof. If You choose to not agree with any of these Terms of Use, You may not use the Services. Failure to use the Services in accordance with these Terms of Use or the Privacy Policy may subject You to civil and criminal penalties. Please also read carefully our Privacy Policy at http://www.mybesthelper.com/privacy_policy, and which is incorporated herein by reference.
We reserve the right to amend these Terms of Use at any time without notice to you, but we will use reasonable efforts to publish each amendment before such amendment becomes effective. We will ensure that the latest, fully-amended version of these Terms of Use is published on the Sites and Applications. You are responsible for regularly reviewing the Sites and Applications to obtain timely notice of such amendments. If any amendment is unacceptable to you, You may terminate the agreement between You and us regarding the use of the Services as set out in these Terms of Use. If You continue to use the Services after the effective date of each amendment, You will be conclusively deemed to have accepted such amended version of these Terms of Use.
Mybesthelper Solutions Inc. consists of the myBestHelper and myCrew Services, and offers technology that enables interactions between people or organisations seeking help, support, information or products and those willing to provide them, including individuals and organisations, paid employees, contractors, volunteers, family and friends. You understand and agree that Mybesthelper Solutions Inc. is not a party to any agreements entered into between members of the Services, nor is Mybesthelper Solutions Inc. an agency, employer, placement company or insurer. Mybesthelper Solutions Inc. has no control over the conduct of users of the Services, and disclaims all liability in this regard to the maximum extent permitted by law.
Last Updated: February 1, 2016 and supersedes all previous versions of the Mybesthelper Solutions Inc. Terms of Use.
Acceptance of Terms of Use for the Services
- These Terms of Use set out the Agreement (“Agreement”) for your use of Mybesthelper Solutions Inc (“Mybesthelper Solutions”)’s Sites, Applications and Services (“the Services”) and this Agreement is legally binding. Mybesthelper Solutions is the developer of the Services, with an address at #2099 - 88 West Pender Street, Vancouver, BC, V6B 6N8, info at mybesthelper.com. IF You DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT USE THESE SERVICES.
- These Terms of Use apply to all users of the Services provided by Mybesthelper Solutions. By requesting to use, registering to use and/or using the Services, You represent and warrant that You have the right, authority and capacity to enter into these Terms of Use and You commit to abide by all of the terms and conditions hereof. If You accept or agree to these Terms of Use on behalf of a company or other legal entity, You represent and warrant that You have the authority to bind that company or other legal entity to these Terms of Use (in such event, “you” and “your” will refer and apply to that company or other legal entity), and that Your employer agrees to indemnify You and Mybesthelper Solutions for violations of these Terms of Use.
- The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services You represent and warrant that You are 18 or older, and are fully able to enter into the terms, conditions, obligations, representations and warranties described in these Terms of Use, and to abide by and comply with them.
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- You can register as a Member of the Services if neither You nor any person in your household may have ever been (i) the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, or (ii) registered, or currently required to register, as a sex offender with any government entity.
- Mybesthelper Solutions provides the Services to You subject to these Terms of Use. These Terms of Use are entered into, by and between Mybesthelper Solutions and You, and You accept them by: (a) registering as a user of the Services, (b) placing an order through the Services; (c) using the Service in any other manner; and/or (d) acknowledging agreement with these Terms of Use.
- The Services are provided to You “as is” and “as available”, without any promises about the quality of the Content or its suitability for your needs, and You use The Services at your own risk. Mybesthelper Solutions controls and operates the Services from various locations and makes no representation that this Services is appropriate or available for use in all locations and on all electronic platforms. The Services may not be available in Your location, and deliverables may vary among locations. You will waive certain legal rights, including the right to sue or claim compensation in certain circumstances. This Agreement contains more detailed provisions on this topic, and also contains provisions that significantly limit Mybesthelper Solutions Inc's liability to you: please see in particular “Disclaimer of Warranties and Limitation on Liabilities”.
- The Services that Mybesthelper Solutions provides are always evolving and the form and nature of the Services that Mybesthelper Solutions provides may change from time to time without prior notice to you. Please see in particular Description of Services and Limitations. In addition, Mybesthelper Solutions may stop (permanently or temporarily) providing the Services (or any features within the Services) to You or to users generally and may not be able to provide You with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
- Mybesthelper Solutions may, at its sole discretion, modify or revise the Services, including the Service Fees, from time to time without notice and You agree to be bound by such modification or revisions. myBesthelper Solutions reserves the right to limit without notice access to some or all of the Services described above to Paid Members only or in exchange of payment per use. This change will affect all new users who register on the site after the change is introduced. If the change affects existing users, they will be given notice or notified of the changes in the case of Paid Memberships or will see the price displayed at the time of payment.
- Mybesthelper Solutions may, at its sole discretion, modify or revise these Terms of Use. You should visit this page periodically to review these Terms of Use. If we modify these Terms of Use, we will post the modification on the Site or via the Application or provide You with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms of Use. By continuing to access or use the Services after we have posted a modification on the Site or via the Application or have provided You with notice of a modification, You are indicating that You agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Services.
- In addition to the Terms of Use and unless otherwise noted, the standard Mybesthelper Solutions’ Terms of Use of sale in Your jurisdiction govern purchases You make through the Services, unless You have in effect a separate valid written purchase or license agreement with Mybesthelper Solutions for that product or service, in which case that separate agreement governs, and in cases of conflict, prevails.
- Limitations related to third-party services: The Services may contain links to or use services offered by sites, applications, services or resources that are provided by third-parties, that Mybesthelper Solutions has no control over, and assumes no responsibility for (including their content, privacy policies, or practices). In addition, Mybesthelper Solutions will not and cannot censor or edit the content of any third-party site. By using the Services, You expressly acknowledge and agree that Mybesthelper Solutions shall not be responsible or liable, directly or indirectly, for any actual or alleged damage, claims, loss or other liability caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party site or resource. You acknowledge sole responsibility to respect the third-party terms of use and to assume all risk arising from your use of any such sites, applications, services or resources provided by third-parties.
- As a user of the Services, You are hereby permitted to access the Services for the limited purpose of reviewing information posted on the Sites and Applications, uploading personal information You select to share with the Services, in accordance with our Privacy Policy at http://www.mybesthelper.com/privacy_policy, and which is incorporated herein by reference.
- If You have any questions or need further information as to the Services, or need to notify Mybesthelper Solutions about any matters relating to the Services, please contact us at support@mybesthelper.com.
Key Terms of Use
- “Services” consists of the myBestHelper and myCrew Sites, Applications, Content, Referral Programs and Services offered by Mybesthelper Solutions Inc.
- “myBestHelper” means Services accessible at www.myBestHelper.com and any other sites through which the Services available is and as the myBestHelper Applications for mobile devices.
- “myCrew” means Services accessible at www.getmycrew.com and any other sites through which the Services available is and as the myCrew Applications for mobile devices.
- “Content” means text, reviews, profiles, graphics, images, music, software (excluding the Application), audio, video, information and all the material, data, and information that users upload, submit, transmit or publish through the Services.
- “Mybesthelper Solutions Content” means all Content that Mybesthelper Solutions makes available through the Services, including any Content licensed from a third party, but excluding Member Content.
- “Collective Content” means Member Content and Mybesthelper Solutions Content.
- “Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Services.
- “Information” means information such as technical, contractual, product, program, pricing, marketing, and other valuable information.
- “User” means any individual, their family or friends, or any organisation (with paid employees, contractors and volunteers) that uses the Services.
- “Unregistered user” means any user accessing the Services without being a Member.
- “Member” means a user who completes myBestHelper’s or myCrew account registration process.
- “Job posting” means an offer to recruit an individual or a representative of an organisation for a paid or unpaid position made available via myBestHelper or myCrew.
- “Paid Member” means a Member who has purchased a paid membership on the Sites and Applications or has received a paid membership as a gift or through contest a voucher in lieu of purchase.
- “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST or HST), that may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes. Certain areas of the Sites and Applications (and your access to or use of certain aspects of the Services or Collective Content) may have different Terms of Use posted or may require You to agree with and accept additional Terms of Use. If there is a conflict between these Terms of Use and Terms of Use posted for a specific area of the Site, Application, Services, or Collective Content, the latter Terms of Use will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
Description of Services and Limitations
- Mybesthelper Solutions Inc. consists of the myBestHelper and myCrew Sites, Applications and Services.
- myBestHelper offers technology that connects individuals or organisations who seek help to care for individuals (children, adults and elderly) with individuals or organisations seeking to provide help.
- myCrew offers technology that enables interactions between people or organisations seeking help, support, information or products and those willing to provide them, including individuals and organisations, paid employees, contractors, volunteers, family and friends.
- The Services we offer include, among others:
- We may use technology including sites and applications for mobile devices to help to coordinate the process of finding and booking help and products needed. Users may post requests or job posts and invite family and friends and other users to reply or apply. Users may create profiles on myBestHelper and myCrew and use them to apply to jobs posted on myBestHelper and to promote their services online, mobile and offline.
- We may provide search functionality to allow Users to narrow the pool of other Users they are interested in contacting based on their needs and preferences, and we may provide a communications platform that allows Members to communicate without sharing personal contact information. We may provide access to personal contact information between users in keeping with our Privacy Policy.
- We may provide Information and Content to help Users to make more informed decisions, such as (i) Mybesthelper Solutions or third-party content that provides general advice, (ii) documentation as uploaded by the Members, and (iii) a process for Families to obtain Background Checks and Driving Records check reports on individual Helpers who consent to the running and sharing of those reports.
- We may offer a service that facilitates the payment or other forms of compensation (such as points and rewards) for services and products exchanged between users of the Services. We may offer access and discounts to third-party services. We may offer opportunities for group discussions on the Services, on third party Social Media services or in offline events that enables Members and unregistered users to communicate and share general information related to the Services. Any of these third-party related or user generated services and products are offered “as is” and “as available”, without any promises about its quality or its suitability for your needs, and your use is at your own risk, and in keeping with the “Limitations related to third-party services” section above.
Your Obligations and Conduct
- In consideration of Your use of the Services, You agree to: (a) provide accurate, current, and complete information about You on the Services including using Your own legal name, even if You are seeking care for another individual or family member (the "Registration Data"); (b) maintain the security of Your account, password and identification; (c) maintain and promptly update the Registration Data, and any information You provide to myBestHelper, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to and use of information and Registration Data.
- You have sole responsibility for adequate protection passwords and the protection and backup of data and/or equipment used in connection with using the Services and for any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission. Mybesthelper Solutions cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
- Unless you were specifically authorised by myBestHelper, You may use your account only to:
- Find care for yourself, your parents, your children, your grandchildren or individuals for whom You are otherwise the legal guardian.
- Find requests and jobs you are willing to do yourself.
- You are responsible for all activity on and use of your account. You may not assign or otherwise transfer your account to any other person or entity These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by You without the express permission of myBestHelper, but may be assigned by Mybesthelper Solutions without restriction.
- You are entirely responsible for all Content that You upload, post or otherwise transmit via the SIte and Application. You agree not to upload, post or otherwise transmit via the Sites and Applications any Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Mybesthelper Solutions or other users of the Services; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Mybesthelper Solutions reserves the right to edit or remove Content that violates these Terms of Use or that contains third-party commercial advertisements.
- You agree that You will not use the Services to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be Mybesthelper Solutions or someone else, or spoof Mybesthelper Solutions' or someone else's identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services; (d) misrepresent Your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Services; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; (g) collect, store, use or distribute personal data about other users unless specifically authorized by such users.
- You agree that myBestHelper, in its sole discretion, may at any time terminate Your use of the Services, and remove any or all Content from the Site or Application for any reason, including, without limitation, at the end of Your subscription period or immediately, if Mybesthelper Solutions believes that You have violated or acted inconsistently with these Terms of Use.
- You agree that if You are the Owner or Employee of a commercial entity that stands to make financial or other gain You need prior approval from Mybesthelper Solutions to continue using the Services. If You NOT approved by Mybesthelper Solutions to use the Services or uses the Services or contacts made on the Services for competitive or any commercial solicitation purposes not approved by myBestHelper, your registration on the Services is contrary to the Terms of Use and may result in legal action. Alternatively Mybesthelper Solutions reserves the right to charge You or Your employer $20,000 for each instance of such use of the Services.
- If You see anyone who You feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) You suspect of stealing or phishing from you, or (iii) engages in any other disturbing conduct, You should immediately report such person if warranted, to the appropriate authorities, and then in all cases, to Mybesthelper Solutions by contacting us at support@mybesthelper.com, provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you. You agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and You agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account.
- Any screening of a Member and his, her or its information by Mybesthelper Solutions is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual's or entity's suitability to offer a job or provide care. Members are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate person to meet their needs.
- The content and information on this Services is proprietary to us or our suppliers and providers. While you may make limited copies for personal use, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this this service.
Additionally, you agree NOT to:
use these Services or contents for any commercial purpose, unless otherwise authorised by Mybesthelper Solutions;
submit any speculative, false, or fraudulent content;
access, monitor or copy any content or information of these Services using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
violate the restrictions or bypass or circumvent other measures employed to prevent or limit access to this Website;
take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
deep—link to any portion of these Services for any purpose without our express written permission; or
"frame", "mirror" or otherwise incorporate any part of these Services into any other website without our prior written authorization.
Confidentiality of Mybesthelper Solutions’ Information
- You may obtain direct access via the Services to certain confidential information of Mybesthelper Solutions and its suppliers, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with Mybesthelper Solutions and its suppliers.
- Your obligations regarding Confidential Information expire five (5) years after the date of disclosure. Upon termination of the Terms of Use or Mybesthelper Solutions' written request, You must cease use of Confidential Information and return or destroy it.
- The Terms of Use impose no obligation upon You with respect to Confidential Information that You can establish by legally sufficient evidence: (a) You possessed prior to Your receipt from myBestHelper, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms of Use; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms of Use and as disclosed after prior notice to Mybesthelper Solutions adequate to afford Mybesthelper Solutions the opportunity to object to the disclosure.
Content Submitted to Mybesthelper Solutions
Mybesthelper Solutions does not claim responsibility or ownership of the Content You place on the Services and shall have no obligation of any kind with respect to such Content. Unless otherwise stated herein, or in Mybesthelper Solutions' Privacy Policy, any Content You provide in connection with the Services shall be deemed to be provided on a non-confidential basis. Mybesthelper Solutions shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and You grant Mybesthelper Solutions and all other users of the Services an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such Content (including in digital form). You represent and warrant that You have proper authorization for the worldwide transfer and processing among myBestHelper, its affiliates, and third-party providers of any information that You may provide on the Services.
Member Content can be used on third-party provider services to generate “lookalike audiences” that are likely to be interested in myBestHelper, because they're similar to the Members already using the Services.
Mybesthelper Solutions does not routinely monitor Content, but Mybesthelper Solutions and its designees reserve the right to monitor, restrict access to, edit or remove any Content that is available via the Services.
Verification of Your Identity and the Accuracy of Your Representations and Warranties
- By registering as a Member, You authorize myBestHelper, and acknowledge that for purposes of promoting the safety and integrity of its Service, Mybesthelper Solutions reserves the right, but not the obligation, to verify, and sometimes use a third party service providers to verify, on an ongoing basis that your Member Content is accurate and that the representations and warranties made are true in particular addressing legal matters (such as complaints, arrests, sex offender status, etc) and also consumer reports, background checks, driving record checks and other identity checks (which may contain information on character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports etc.) (collectively, “Verification Checks”). These Verification Checks as done by Mybesthelper Solutions or contracted third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from national criminal databases, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, social media, search engine results and other data.
- Some Verification Check services require payment of a separate fee, that will be paid by Mybesthelper Solutions is the check was initiated by us, or can be paid by the User who is initiating the Verification check request or by the User that who is the subject of the Verification check themselves, depending on who initiates the request.
- Verification checks can be authorised or ordered by any Helper about themselves (or their employees, contractors and volunteers) either on their own initiative to increase their chances of employment or in response to a request by a User who is considering to use their services. Any User may request and obtain a copy of a Verification check on another User, and will when required, seek that User's authorisation and explicit instructions about who may have access to such a report. The User who is the subject of the verification check can also authorise the sharing of these documents with other members, once the Verification checks are obtained. Mybesthelper Solutions does not typically communicate the results of a Verification Check to any third party, though we reserve the right to do so for law enforcement or other safety-related purposes.
- You also hereby represent, understand and expressly agree that Mybesthelper Solutions does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check and that these checks are not always accurate or complete (or based on information that is accurate or complete) and that the specific records searched, and the comprehensiveness of the search, varies by the type of Verification Check ordered as well as the state and county where the check is performed. Any inaccuracies in a Verification check report produced by a third party must be addressed with the third party that issued it (and not myBestHelper) within the time period specified by the third party.
- You agree that Mybesthelper Solutions may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your membership, should it determine that You have violated any representation or warranty or any other provision of these Terms of Use or are otherwise unsuitable for myBestHelper.
- Specifically, You understand and agree that Mybesthelper Solutions may review the information provided by the third party consumer reporting agency and that Mybesthelper Solutions retains the right to terminate your Mybesthelper Solutions registration based on the information it receives from these checks, even if such information was subsequently dismissed. If Mybesthelper Solutions terminates your membership or access to the Site on the basis of information in a background report, we will notify You and provide You the name and contact information of the consumer reporting agency that created the report. We will also provide You a copy of the report unless the consumer reporting agency has already provided You a copy or access to it.
- If You decide to access, use, or share information provided by a Verification Check, You agree to do so in accordance with applicable laws. You also agree to indemnify and hold harmless Mybesthelper Solutions from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. Mybesthelper Solutions does not assume and expressly disclaims, and You hereby agree to release Mybesthelper Solutions from, any loss, liability, damage, or costs that may result from the use of information provided in a background report including, without limitation, the inaccuracy or incompleteness of any such information.
- Whenever required and possible, You will be emailed a copy of the results either directly by us or the consumer reporting agency that initiates it. You are responsible for making sure that the contact information You provide to Mybesthelper Solutions is correct, knowing that sensitive information will be sent to it. Mybesthelper Solutions may receive a copy of each Verification Check You order or authorize through myBestHelper. If a Verification check has been requested by a User interested in hiring you, the consumer reporting agency that performed the check will provide it directly to the User who ordered it based on your authorization that the User who ordered it obtains the Verification check regardless of its contents.
- If there is negative data in a Verification check You receive after requesting it on another User, and You choose to take "adverse action" (i.e. choose to pass on that individual's candidacy) on the basis of this negative data, You must agree to take certain procedural steps, which can be found athttp://www.ftc.gov/os/statutes/fcrajump.shtm. These include notifying the individual who is the subject of the report of your decision to take adverse action based on information contained in the report and the subject's right to contest the accuracy or completeness of the report. Moreover, if the subject contests the report with the consumer reporting agency, You are required to suspend the hiring process while the agency researches the accuracy and completeness of the report.
- Any Helper can also submit Verification checks obtained elsewhere, and Mybesthelper Solutions makes no representation and warranties regarding the authenticity of such documentation submitted.
- If You have ordered Verification Checks through myBestHelper, or if You indicate You already have obtained them elsewhere, we may indicate in your profile that You have completed these checks. You will be expected to show the original of documents You obtained elsewhere when requested by a User considering hiring You.
- You expressly acknowledge that Mybesthelper Solutions has no obligation to perform Verification Checks on any Members. To the extent Mybesthelper Solutions performs such checks on certain Members, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the Services.
- By agreeing to these terms, You agree to allow Mybesthelper Solutions to perform the Verification Checks described above. If You do not want these verification checks to be performed, You should not use myBestHelper. No further consent from You is required for these verification checks, to be performed except for some specific types of Verification checks, in which case appropriate authorisation will be sought from You.
Accessing and Downloading the Application from iTunes
- The Application accessed through or downloaded from the Apple App Store needs to comply to the iTunes Terms of Use. Without limiting any other terms of these Terms of Use, You must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
Billing, Payment, Price Modifications, Cancellations and Refunds
- All charges are listed (unless otherwise specified at the time of purchase) exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
- You agree to pay to Mybesthelper Solutions all charges and any taxes associated with Your use of the Services depending on the Services selected as described by Mybesthelper Solutions at the time You provide Your payment information. You acknowledge and agree that the description of the purchase is available to You immediately as soon as You complete Your purchase, and therefore that your right to withdraw from your purchase is lost once your purchase is completed.
- You authorize Mybesthelper Solutions to charge Your chosen payment provider according to the amount and frequency of charges selected by You. You agree that if Mybesthelper Solutions already has your credit card on file as a result of prior purchases You have made, we may charge that credit card for the additional services You purchase.
- Prices for using Services for paying users are subject to change upon 7 days notice from Mybesthelper Solutions. New payments will be executed at the price posted at the time on the Sites or Applications. Such notice may be provided at any time by posting the changes on the Sites and Applications and by emailing a notice to the You.
- You, the buyer, may cancel the purchase, without any penalty or obligation, at any time, prior to midnight of the third business day before the date of the agreed to provision of Service. You will be able to continue to use the Site, Application and Service as Paid Member until the completion of the time term associated with that instance of Paid Membership.
- To the extent permitted by law, Mybesthelper Solutions does not as a general rule provide refunds or credits or other purchase cancellations. However, Mybesthelper Solutions may in its sole discretion issue refunds or credits when it believes they are warranted.
Notices; Suspension, Modification and Termination of Services; Account Cancellation; Amendment of Terms of Use
- Mybesthelper Solutions may provide notice to You via email, regular mail, or posting notices or links to notices on the Services. Mybesthelper Solutions reserves the right at any time to modify, suspend or terminate the Services (or any part thereof), and/or Your use of or access to them, with or without notice. Mybesthelper Solutions may also delete, or bar access to or use of, all related Information and files. Mybesthelper Solutions will not be liable to You or any third-party for any modification, suspension, or termination of the Services, or loss of related information. Upon termination of your account, Mybesthelper Solutions will have no obligation to maintain or provide Your Data, and will delete or destroy all copies of Your Data in our possession or control, in a reasonably expedient way, unless legally prohibited.
- We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your myBestHelper or myCrew registrations as Members. If we exercise our discretion under these Terms of Use to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your myBestHelper and/or myCrew Account will be deactivated or suspended, your password(s) will be disabled, and You will not be able to access the Services, your myBestHelper and/or myCrew Account, your Member Content, or receive assistance from myBestHelper and/or myCrew Customer Service, (b) we may communicate to your contacts on the site and inform them, and (f) You will not be entitled to any compensation for jobs, gigs or exchanges of products and services that did not occur (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your myBestHelper and/or myCrew Accounts.
- You may cancel your myBestHelper and/or myCrew Account at any time via the “Cancel Account” feature of the Services if available or by sending an email to support@myBestHelper.com. Please note that if You cancel your myBestHelper and/or myCrew Account, we do not have an obligation to delete or return to You any Content You have posted to the Services, including, but not limited to reviews or feedback, or documents You chose to upload to the Services.
- Mybesthelper Solutions reserves the right at any time to time to modify or discontinue, the Services (or any part thereof) with or without notice. Such notice may be provided at any time by posting the changes on the Sites and Applications and by emailing a notice to the You, if You provided a valid email account.
- Mybesthelper Solutions shall not be liable to You or to any third party for any modifications, price changes, suspensions or discontinuances of the Services (or any part thereof).
Advertisements and Promotions
- Mybesthelper Solutions may run advertisements and promotions from third parties on the Services. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Mybesthelper Solutionsfound on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. Mybesthelper Solutions is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Mybesthelper Solutions advertisers on the Services.
Mybesthelper Solutions Rights
- All right, title, and interest in and to the Services (excluding Member Content) are and will remain the exclusive property of Mybesthelper Solutions. The Services are protected by copyright, trademark, and other laws of Canada, the United States and foreign countries. Nothing in the Terms of Use gives You a right to use the Mybesthelper Solutions name or any of the trademarks, logos, domain names, and other distinctive brand features, including myBestHelper and myCrew. Any feedback, comments, or suggestions You may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
- The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the Canada and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Mybesthelper Solutions and its licensors.
- Except as expressly authorized by Mybesthelper Solutions or by Content providers, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services, or Mybesthelper Solutions Content.
- You must not modify, decompile, or reverse engineer any software Mybesthelper Solutions discloses to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership. Any such action is contrary to the Terms of Use and may result in termination of the Your account and if warranted, in legal action.
- "Mybesthelper Solutions Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other proprietary designations Mybesthelper Solutions uses in connection with its products and services, including myBestHelper and myCrew. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
- You may not remove or alter any Mybesthelper Solutions Trademarks, or co-brand Your own products or material with Mybesthelper Solutions Trademarks, without Mybesthelper Solutions' prior written consent. You acknowledge Mybesthelper Solutions' rights in myBestHelper and myCrew Trademarks and agree that any use of myBestHelper and myCrew Trademarks by You shall inure to Mybesthelper Solutions' sole benefit. You agree not to incorporate any myBestHelper or myCrew Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
- Mybesthelper Solutions is committed to respecting others' intellectual property rights, and we ask our users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement on our Services, please contact us at support@mybesthelper.com.
- Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by Mybesthelper Solutions on the Services provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "Used with permission") is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if You breach any of the terms of use. Upon termination, You must immediately destroy any downloaded and/or printed Content.
- Mybesthelper Solutions may assess, and You will be obligated to pay, a $20,000 daily penalty for scraping, either in a manual or automatic manner, any Member content, including but not limited to, use on a "mirrored", competitive, or third party site. This fee shall be in addition to any other rights Mybesthelper Solutions may have under these Terms of Use or applicable laws.
- Further, in order to protect the integrity of the Services, Mybesthelper Solutions reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Services.
Privacy Policy
- You consent to the collection, processing and storage by Mybesthelper Solutions of Your personal information in accordance with the terms of Mybesthelper Solutions' Privacy Policy, which is available at Privacy Policy. You agree to comply with all applicable laws and regulations, and the terms of Mybesthelper Solutions' Privacy Policy, with respect to any access, use and/or submission by You of any personal information in connection with the Services.
Disclaimer of Warranties and Limitation of Liabilities
- Your use of the Services is at Your sole risk unless otherwise explicitly stated, including but not limited to all of the risks associated with any online, mobile or offline interactions with users of the Services. The Services, including the Information and Content (as defined in section 1.2) is provided on an "as is" "as available" and "with all faults" basis. Mybesthelper Solutions disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, fitness for a particular purpose, or noninfringement. Mybesthelper Solutions makes no representations, warranties, conditions or guarantees as to the usefulness quality, suitability, truth, accuracy or completeness of the Services.
- Mybesthelper Solutions makes no warranty or representation that: (a) the Services will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Services will be accurate or reliable; (c) the quality of any products, services, content, information, or other material purchased or obtained from the Services will meet Your expectations or requirements; or (d) any errors in the Services will be corrected.
- Mybesthelper Solutions is not responsible for the conduct, whether private, public, digital or offline, of any Member or other Unregistered User of the Services. Moreover, Mybesthelper Solutions does not assume and expressly disclaims any liability that may result from the use of Information or Collective Content provided on our Site. All users, including Members and unregistered users of the Services, hereby expressly agree not to hold Mybesthelper Solutions (or Mybesthelper Solutions' officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, or your employer, if You enrolled in Mybesthelper Solutions through an employer’s recommendation or benefits program) liable for the actions or inactions of any Member, unregistered user or other third party or for any information, instruction, advice or services which originated through the Services, and, to the maximum extent permissible under applicable law, Mybesthelper Solutions expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
- You agree that Mybesthelper Solutions has no obligation to remove any reviews or other information posted on the Site, Application or Service about You or any other person or entity. If You disagree with a review, You may post one rebuttal to the review, provided your rebuttal complies with these Terms of Use. You may not terminate your registration and re-register in order to prevent a review from being associated with your account. The author of a review can always remove or request removal of a review they have written.
- We offer a variety of Services as described above, however, we do not employ any Helpers. Except as set forth below, Helpers are the potential employees or contractors of the Families, and both Helpers and Families are solely responsible for compliance with all applicable employment and other laws as applicable in their jurisdiction in connection with any employment relationship they establish (such as applicable payroll, tax, minimum wage and employment laws).
- Further, we do not have control over the quality, timing, or legality of the services actually delivered by Helpers, nor of their integrity, responsibility or actions. We do not refer or recommend either Helpers or Families nor do we make any representations about the suitability, reliability, timeliness, and accuracy of the services provided by Helpers or the integrity, responsibility or actions of Helpers and Families whether in public, private, digital or offline interactions.
- We may provide Families a customized shortlist of potential individuals, companies and/or agencies to consider based on the information the Families provide us regarding their and their loved one's needs and preferences. In providing these services, neither we nor our respective employees are making a referral to, or endorsing, any individual, company or agency nor are we providing any medical, diagnostic, treatment or clinical service or engaging in any conduct that requires a professional license.
- Some of our Helpers are identified as selected by agencies or are employees of organisations related to the provision of help for care of people in the home setting. However, each such agency or organisation operates independently of Mybesthelper Solutions and is not under our control. Accordingly, we do not assume responsibility for the conduct of, or quality of the services provided by, such agencies or the individual Helpers they employ or otherwise engage to provide services. Any issues concerning the foregoing must be resolved directly with the agency and/or the individual Helper that the agency selected to provide the services
- Collected Content is primarily user generated, and we do not control or vet user generated Content for accuracy as a general matter. Mybesthelper Solutions does not assume any responsibility for the accuracy or reliability of any information provided by Members or unregistered users on or off the Services. We may offer certain Members the opportunity to verify certain information such as their email address, cell phone number or references. If we indicate that a Registered User has verified certain information, it means that the user has complied with the process we have established for verifying such information. However, we do not guarantee, nor do we represent or warrant as to, the accuracy of such information.
- You assume all risk for any damage to Your computer system or loss of data that results from obtaining any Content from the Services, including any damages resulting from computer viruses, phishing or spam.
- To the full extent permitted by law, Mybesthelper Solutions is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the Services, even if Mybesthelper Solutions has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use the Services; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained, or messages received or transactions entered into, through or from the Services; (c) statements or conduct of any third party on the Services, including without limitation unauthorized access to or alteration of transmissions or data, malicious or criminal behavior, or false or fraudulent transactions; or (d) content or information You may download, use, modify or distribute.
- Under no circumstances will Mybesthelper Solutions' aggregate liability, in any form of action whatsoever in connection with this agreement or the use of the services or the site, exceed the price paid by You for your account, or, if You have not paid Mybesthelper Solutions for the use of any services, the amount of $20.00 or its equivalent.
- To the maximum extent permitted by applicable law, in no event will Mybesthelper Solutions be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, and/or consequential, arising out of or relating to the conduct of You or anyone else in connection with the use of the site or the services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from anyone's reliance on information or other content posted on the site, or transmitted to or by any users or any other interactions with other registered users of the site or services, whether online, mobile or offline. This includes any claims, losses or damages arising from the conduct of users who have registered under false pretenses or who attempt to defraud or harm you.
- In addition to the preceding paragraphs of this section and other provisions of these Terms of Use, any advice that may be posted or obtained from the Site, Application and Services is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Mybesthelper Solutions makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If You have specific concerns or a situation arises in which You require professional or medical advice, You should consult with an appropriately trained and qualified specialist.
Indemnity
- You agree to release, defend, indemnify and hold Mybesthelper Solutions and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from and against any claim or demand, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with, made by any third party due to or arising out of Your Content, Your use of or connection to the Services (including any use by You on behalf of Your employer), Your violation of the Terms of Use, or Your violation of any rights of another.
General Terms of Use
- Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Use, will be in writing and given by Mybesthelper Solutions (i) via email (in each case to the address that You provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
- The Terms of Use constitute the entire Agreement between You and Mybesthelper Solutions relating to their subject matter, and cancel and supersede any prior versions of the Terms of Use. No modification to the Terms of Use will be binding, unless in writing and signed by an authorized Mybesthelper Solutions representative.
- You must not assign or otherwise transfer the Terms of Use or any right granted hereunder, by operation of law or otherwise, without Mybesthelper Solutions' prior written consent. Any attempt by You to assign or transfer these Terms of Use, without such consent, will be null and of no effect. You also may be subject to additional Terms of Use that may apply when You use Mybesthelper Solutions’ Services or third-party products or services. Mybesthelper Solutions may assign or transfer these Terms of Use, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.
- You agree that any material breach of the Terms of Use will result in irreparable harm to Mybesthelper Solutions for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Mybesthelper Solutions will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Mybesthelper Solutions seeks such an injunction.
- British Columbia law and controlling Canadian and U.S. federal law govern any action related to the Terms of Use and/or Your use of the Services. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms of Use. You and Mybesthelper Solutions agree to submit to the personal and exclusive jurisdiction of the courts of British Columbia, Canada for any actions for which the parties retain the right to seekinjunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision in the next paragraph.
- You and Mybesthelper Solutions agree that any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that You and Mybesthelper Solutions are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both You and Mybesthelper Solutions otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the Dispute Resolution provision will be deemed void. Except as provided in the preceding sentence, this Dispute Resolution provision will survive any termination of these Terms of Use.
- Services, Content, Information and Product derived or obtained from this Sites and Applications may be subject to the Canadian export laws and the export or import laws of other countries. You may not use, export, re-export, import, or transfer the Service except as authorized by Canadian law, the laws of the jurisdiction in which You obtained the Application, and any other applicable laws. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, re-export, or import authorizations required by Canada or Your local laws; (b) not use Content, or any direct product from the Services to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide Content, or any direct product from the Services to prohibited countries and entities identified in the Canadian export regulations.
- Rights and obligations under the Terms of Use, which by their nature should survive, will remain in full effect after termination or expiration of the Terms of Use.
- Any express waiver or failure to exercise promptly any right under the Terms of Use will not create a continuing waiver or any expectation of non-enforcement. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Mybesthelper Solutions . If any provision of the Terms of Use is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that provision will be enforced to the maximum extent permissible, that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms of Use will remain in full force and effect. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise.
- Nothing in this Agreement shall be construed as making either party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms of Use shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms of Use. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
- Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.
Last updated: February 1, 2016