How The Service Works

Interested workers must complete an application process by providing information about their education, training, experience, and relevant personal information. Subject to the other provisions of this Terms and Conditions, as a part of the application process Vetted Workers Inc. exercises reasonable efforts to assess the qualifications of workers based on the confirmation of training, certifications and re-certifications as required, appropriate background checks including vulnerable sector screening completed by local police departments, and professional reference checks. Notwithstanding this, Vetted Workers Inc. cannot provide any kind of guarantee or assurance with respect to the identity, quality, sufficiency or accuracy of any worker’s education, training or other qualifications. Users are solely responsible for verifying the identity of Vetted Workers and Users that they engage with and should take necessary precautions to ensure their safety and security when engaging with them. If selected and qualified, these Vetted Workers will be covered by the Vetted Workers Inc.’s commercial liability and errors and omissions insurance.
Interested users seeking to arrange vetted worker services for their loved ones will first be required to complete an application process to provide personal identification and billing information. Once this information has been provided, these “Users” (including individuals, clients and families) will explore the profile of Vetted Workers on the Vetted App, select a Vetted Worker of their choice and/or located in their vicinity, and then proceed to booking the services of the Vetted Worker. Users will also have the ability to provide feedback and performance reviews on the Vetted Worker.

Fees, Payments and Cancellations

Vetted Workers Inc. reserves the right to change the Price, from time to time, as it may determine in its sole and absolute discretion. Vetted Workers Inc. will communicate any price changes to you in advance. Price changes will take effect as of the first day of the month following the month in which the notice of Price change was delivered. Subject to applicable law, you accept the new price by continuing to use the Vetted App or Website after the Price change takes effect. All payments will be provided by use of a credit card on the User’s file with Vetted Workers Inc. There will be no refunds or credits, with the sole exceptions of situations whereby the client has incorrectly been charged twice or more on their payment accounts. Cancellations of bookings with four (4) hours before the scheduled Vetted Worker appointment will attract an additional $5.00 administrative fee.

Prohibited Activities

Please read carefully the following non-exhaustive list of the types of activities that are prohibited conduct in relation to the use and services of the Website and Vetted App:

• Conduct that is offensive, abusive, defamatory, derogatory, pornographic, threatening or obscene;
• Conduct that is illegal or that would violate the laws, rules, regulations, orders and/or legal rights of any person or entity in the jurisdiction of Ontario, Canada or in any other applicable jurisdiction, including, but not limited to, violations of intellectual property rights, privacy rights, or proprietary rights of Vetted Workers Inc. or a third party;
• Conduct including the use or intended use of malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any User’s access to the Vetted App and Website;
• Conduct that is intended to or does harass or bully other users;
• Conduct that would cause harm to individuals, especially minors and vulnerable persons;
• Conduct including sexual or escort services, offers and solicitations of prostitution, and pornography;
• The impersonation or misrepresentation of your affiliation with another user, person, or entity, or that is otherwise fraudulent, false, deceptive, or misleading;
• The transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;
• Commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Vetted Workers Inc.;
• Conduct that links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Vetted Workers Inc.;
• Conduct that interferes with or in any way disrupts the Vetted App or Website services, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Vetted App or Website’s computer systems, network, usage rules, or any of Vetted Worker Inc.’s security components, authentication measures or any other protection measures applicable to Vetted Workers Inc.’s services, the content or any part thereof; or
• Conflicts with these Terms of Use and Conditions, as determined by Vetted Workers Inc.

User Content

All Users have the right to post User Content in accordance with applicable laws. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Vetted App or Website by users whether in forums or otherwise (“User Content”), is the sole responsibility of such Users. Users of the Website and Vetted App are solely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Website and Vetted App.

Vetted Workers Inc. may, but has no obligation to, monitor, review or edit User Content. In all cases, Vetted Workers Inc. reserves the right to remove or disable access to or to refuse distribution of any User Content for any or no reason, including User Content that, in Vetted Workers Inc.’s sole and absolute discretion, violates the Terms of Use and Conditions. Vetted Workers Inc. may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at Vetted Workers Inc.’s sole discretion, and Vetted Workers Inc. does not promise to remove or disable access to any specific User Content.
Vetted Workers Inc. further reserves the right to access, read, preserve, and disclose any User Content as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Use and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public. You are solely responsible for all User Content that you post. Vetted Workers Inc. is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST VETTED WORKERS INC. RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER THE LAWS OF ONTARIO, YOU WILL INDEMNIFY AND HOLD VETTED WORKERS INC. HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE LEGAL FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

Rights You Grant Us

In consideration for the rights granted to you under the Terms of Use and Conditions, you grant Vetted Workers Inc. the right (1) to allow the Vetted App or Website to use the processor, bandwidth, and storage hardware on your mobile or digital device in order to facilitate the operation of its services , if applicable (2) to provide advertising and other information to you by Vetted Workers Inc. and its affiliated providers including Android and Apple content, and (3) to allow our business partners to do the same. In any part of the Vetted App or Website services, the content you access, including its selection and placement, may be influenced by commercial considerations, including Vetted Worker Inc.’s agreement with third parties. Some content licensed by, provided to, created by or otherwise made available by Vetted Workers Inc. may contain advertising as part of the content. Vetted Workers Inc. makes such content available to you unmodified.

You grant Vetted Workers Inc. a non-exclusive, non-transferable, non-licensable, royalty-free, perpetual, irrevocable, fully paid, licence to use, reproduce, make available to the public (ie. perform or display), public, translate, modify, create derivative works from, and distribute any of your User Content in connection with Vetted Workers Inc.’s services through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive or not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including feedback provided to Vetted Workers Inc., and your right to object to derogatory treatment of such User Content.
In accordance with restrictions on User Content, users of the Website or Vetted App shall not:

1. copy any content unless expressly permitted to do so therein;copy any content unless expressly permitted to do so therein;
2. upload, post, email, transmit or otherwise make available any material that:
1. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behaviour, gives rise to civil liability, violates any law, or is otherwise objectionable;
3. you do not have the right to make available under any law or under a contractual relationship;
4. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
5. is or contains unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation not authorized by these Terms of Use and Conditions;
6. 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 or data;
7. is a violation of a User’s privacy terms in the Terms of Use and Conditions or the Privacy policy contained herein;
8. contains any falsehoods or misrepresentations or creates an impression that the person knows is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
3. impersonate any person or entity or misrepresent their affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or the Vetted App or impersonate another person or organization;
5. interfere with or disrupt the Website or Vetted App or its servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or Vetted App or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
6. intentionally or unintentionally violate any applicable local, provincial, national or international law or regulation;
7. collect or store personal data about Users or Vetted Workers without their consent;
8. licence, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or Vetted App; and
9. modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Website or Vetted App or any software provided as part the Website or Vetted App, except to the extent the foregoing restrictions are expressly prohibited by applicable law.

You also agree not to access the Website or Vetted App in a manner that utilizes the resources of the Website or Vetted App more heavily than would be the case for an individual person using a conventional web browser or mobile application. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on the Website or Vetted App.

Ownership of Intellectual Property

Vetted Workers Inc. retains all rights, title and interest in and to the Vetted App and Website including all software, programming documentation, technical ideas, concepts, know-how, inventions, discoveries, improvements, techniques and all related intellectual property rights, created, conceived and developed by Vetted Workers Inc. prior to the commencement of these Terms of Use and Conditions, including without limitation the products and services provided through the Vetted App and Website. All right, title, and interest in and to all derivative works, enhancements, extensions and modifications of or related to the items address herein shall be the sole property of Vetted Workers Inc. whether developed by Vetted Workers Inc. or any other party in performing the services offered through the Vetted App and Website or otherwise unless the parties have a contractual agreement specifying intellectual ownership rights. All ideas, know-how, techniques and other intellectual property rights originated, developed or owned by the user prior to the commencement of these Terms of Use and Conditions and ideas, know-how, techniques or other intellectual property, excluding Vetted Workers Inc.’s intellectual property contained herein, developed solely by the User during the term of these Terms of Use and Conditions shall be the sole property of the User.

Licence of Content

By submitting, posting or displaying User Content on or through the Website or Vetted App, you grant us (and our agents) a non-exclusive, royalty-free licence (with the right to sublicence) to use, copy, modify, transmit, display and distribute such user content. Vetted Workers Inc. will not be responsible or liable for any use of User Content in accordance with these terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any user content that you submit.

End User Licence

With the exception of User Content, the Website, the Vetted App, and the information and materials that it contains, are the property of Vetted Workers Inc. and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of these Terms of Use and Conditions, Vetted Workers Inc. grants you a non-transferable, non-exclusive, licence to (a) use the Website or Vetted App for your use, and (b) download, install and use one copy of the Vetted App on a mobile device that you own or control for your use (the “Licence”). Except as provided in the Terms of Use and Conditions, you may not distribute or make the Licence available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicence the Licence. The Vetted App is licensed to you and not sold. Nothing in the terms of the Terms of Use and Conditions gives you a right to use the Vetted App or Vetted App names, trademarks, logos, domain names, and other distinctive brand features without prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website or Vetted App. Any future release, update, or other addition to functionality of the Website or Vetted App shall be subject to the terms of the Terms of Use and Conditions contained herein.

Feedback

If you provide Vetted Workers Inc. with any suggestions, testimonials, comments or other feedback relating to any aspect of the Website, Vetted App and/or its services (“Feedback”), Vetted Workers Inc. may use such Feedback in the Website, the Vetted App or in any other Vetted Workers Inc. products or services (collectively the “Vetted Offerings”). Accordingly, you agree that (a) Vetted Workers Inc. is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to Vetted Workers Inc., (c) Vetted Workers Inc. (including all of its successors and assigns and any successors and assigns of any of the Vetted Offerings) may freely use, publicize, licence, distribute, and otherwise commercialize Feedback in any Vetted Offerings, and (d) you are not entitled to receive any compensation or re-imbursement of any kind from Vetted Workers Inc. or any of the other Users of the Website or Vetted App in respect of the Feedback.

Users have the option of providing feedback on their experiences with Vetted Workers using our star rating system and/or written comments section. This feedback will be posted on Vetted Worker profiles, which may be viewable by other Users.

Disputes and Complaints

If you, or the individual on behalf of whom you have acquired the services for, are dissatisfied with the performance of any Website or Vetted App services, you must report the issue within twenty-four (24) hours. If you do not report an issue within that time period, you waive your right to dispute the issue. Vetted Workers Inc. is not responsible for refunding or reimbursing any User for fees paid to another party.

In the event of a dispute between a User, or the individual on behalf of whom you have acquired the services for, and Vetted Worker, we ask that you first attempt to resolve a dispute directly with the Vetted Worker. You can contact Vetted Workers directly by utilizing their contact information provided to you in the Vetted Worker’s profile on the Website or Vetted App. If you are unable to resolve a dispute without Vetted Worker Inc.’s assistance, if Vetted Workers Inc. considers the complaint to be valid and if such complaint relates to non-attendance or unprofessional conduct by the Vetted Worker, Vetted Workers Inc. may intervene. Although we may attempt to resolve disputes amicably, we make no guarantees that we will be able to solve any disputes among Vetted Workers and Users.

Advertising

You acknowledge and agree that the Website or Vetted App may contain advertisements delivered by us or one or more third-party web advertisers. These third party web advisers may set cookies. These cookies allow the advertisement server operated by that third party to recognize your computer each time they send you an online advertisement. Accordingly, advertisement servers may compile information about where or whether you viewed their advertisements and which advertisements you clicked on. This information allows web advertisers to deliver targeted advertisements that they believe will be of most interest to you. The Privacy policy applies to cookies placed on your computer or mobile device by us, but does not cover the use of cookies by any third-party web advertisers. For the privacy practices of such third-party web advertisers, you should consult the applicable privacy policy for the relevant third-party web advertiser(s).

We may also deliver targeted advertisements that may be relevant to you based on the information you have provided to us when you visit our Vetted App or Website. If we plan to use your personal information in the future for any other purposes not identified above, we will only do so after informing you by updating these Terms of Use and Conditions.

If you elect to have any business dealings with anyone whose products or services may be advertised on the Website or Vetted App, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that Vetted Workers Inc. shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.

Cookies

Cookies are used to track content usage and traffic through the Website. A cookie is a feature of your web browser that consists of a text file that is placed on your hard disk by a web server. The Website uses cookies to help it compile aggregate statistics about the usage of the Website, such as how may users visit the Website, how long users spend viewing the Website, and what pages are viewed most often. This information is used to improve the content of the Website. You can set your browser to notify you when you are sent a cookie. This gives you the chance to decide whether or not to accept it. If you disable cookies, you may not be able to take advantage of all the features of the Website or Vetted App services. You IP address is reported by your web browser whenever you visit a page on the Website. This information is recorded together with your registration information on our databases.

Links and Third Parties

The Website or Vetted App (including User Content) may contain links to other websites that are not owned or controlled by Vetted Workers Inc. or endorsed by Vetted Workers Inc. Any third party websites or services accessed from the Website or Vetted App are subject to the terms and conditions of those websites and services and you are responsible for determining those terms and conditions and complying with them.
Subject to these Terms of Use and Conditions, from time to time we may employ third parties to help us improve our technology and the operation of the Vetted App and Website and its services. These third parties may have limited access to databases of user information for the purpose of helping us to improve our technology and services and they will be subject to contractual restrictions prohibiting them from using the information about our users for certain purposes.

Disclaimer of Representations, Warranties and Conditions

YOU, AND ON BEHALF OF THE INDIVIDUAL THAT THE SERVICES ARE BEING PROVIDED TO, EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE VETTED APP, WEBSITE, ITS SERVICES AND ALL MATERIALS PROVIDED THEREIN, IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, THE VETTED APP, WEBSITE AND ITS SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” VETTED WORKERS INC. SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OR TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR VETTED APP IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR DIGITAL SYSTEMS, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. VETTED WORKERS INC. DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR VETTED WORKER SERVICES OR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY USER OR THIRD PARTY THROUGH THE VETTED APP OR WEBSITE OR IN RESPECT TO ANY WEBSITE OR MOBILE APPLICATION THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR VETTED APP OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND VETTED WORKERS INC. SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH USER OR THIRD PARTY. VETTED WORKERS INC. WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.

Limitations of Liability

YOU, AND ON BEHALF OF THE INDIVIDUAL THAT THE SERVICES ARE BEING PROVIDED TO, UNDERSTAND AND AGREE THAT THE VETTED WORKER INC.’S SERVICES ARE PROVIDED BY INDEPENDENT CONTRACTORS AND NOT BY VETTED WORKERS INC. UNDER NO CIRCUMSTANCES WILL VETTED WORKERS INC. HAVE ANY LIABILITY FOR ANY OF THE ACTS OR OMMISSIONS OF ANY OF THE VETTED WORKERS OR THE SERVICES PROVIDED IN CONNECTION WITH THE PROVISION OF SERVICES UNDER THIS AGREEMENT. UNDER NO CIRCUMSTANCES SHALL VETTED WORKERS INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE VETTED APP, WEBSITE, OR ITS SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA INFORMATION OR SERVICES; (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE; (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMINICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE VETTED APP OR WEBSITE; (V) ANY ACTS OR OMISSIONS, NEGLIGENCE, BREACH OF CONTRACT, OR OTHER CONDUCT OF ANY TASKER AND/OR THEIR EMPLOYEES, SUBCONTRACTORS AND PERSONNEL; AND (VI) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE VETTED APP OR WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE VETTED APP OR WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF VETTED WORKERS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, VETTED WORKERS INC.’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY CANADIAN DOLLARS ($50.00) OR (B) AMOUNTS YOU HAVE PAID US IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITED BY LAW IN THE APPLICABLE JURISDICTION.

Indemnification

TO THE EXTENT THAT YOU, AND OR THE INDIVIDUAL THAT THE SERVICES ARE BEING PROVIDED TO, SUFFER ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES AS A RESULT OF YOUR CONDUCT WITH THE VETTED APP, WEBSITE, AND ITS SERVICES, YOU SHALL INDEMNIFY AND HOLD VETTED SERVICES INC. AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, SHAREHOLDERS, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE LAWYERS’ FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE VETTED APP OR WEBSITE OR ITS SERVICES AND/OR FROM ANY CAUSE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE AND CONDITIONS OR ANY APPLICABLE LAW OR REGULATION.

Release and Verification

Because Vetted Workers Inc. does not supervise or control interactions between Vetted Workers and Users, and because Vetted Workers Inc. does not control credit card companies or other payment processing companies, and because Vetted Workers Inc. does not screen or monitor the completion of tasks, and because Vetted Workers Inc. cannot guarantee the true identity, age, or nationality of Vetted Workers and Users, and because Vetted Workers Inc. has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Vetted App and the Website, you agree that you bear all risk and you agree to release Vetted Workers Inc. (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Vetted App or Website, your third party transactions and in connection with Vetted Workers Inc.’s resolution of any disputes between Vetted Workers and Users. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

Notwithstanding anything contained herein or on the Website or Vetted App, Vetted Workers Inc. does not make and has not made any representation or warranties with respect to the sufficiency or accuracy of the training, qualification, identity or quality of Vetted Workers. While Vetted Workers Inc. implements various internal checks and balances and other verification procedures, Vetted Workers Inc. cannot provide any guarantee in relation thereto. Users are solely responsible for verifying the identity of Vetted Workers and Users that they engage with and should take necessary precautions to ensure their safety and security when engaging with them.

Termination

Vetted Workers Inc. may, under certain circumstances and without prior notice, immediately terminate your ability to access the Vetted App and/or the Website or portions thereof. Cause for such termination shall include, but not be limited to:

1. Vetted Workers Inc.’s determination that an individual is not eligible to use the services or to provide the services of the Vetted App or Website;
2. individuals that have misused or misappropriate site and/mobile application content, including, but not limited to, use on a “mirrored” competitive or third party site;
3. any breaches or violations of these Terms of Use and Conditions or any other agreement that you may have with Vetted Workers Inc. (including, without limitation, non-payment of any fees owed in connection with the Vetted App or Website or otherwise owed by you to Vetted Workers Inc.);
4. requests by law enforcement or other governmental agencies;
5. a request by you, being the User or Vetted Worker or other;
6. discontinuance or material modification to the Vetted App or Website (or any part thereof),
7. unexpected technical, security or legal issues or problems, and/or
8. participation by you, directly or indirectly, in fraudulent or illegal activities.

Termination of your access to the Vetted App or Website may also include removal of some or all of the materials uploaded by you to the Vetted App or Website. Following any termination of any individual’s use or access to the Vetted App or Website or its services, Vetted Workers Inc. reserves the right, subject to applicable privacy laws, to send a notice thereof to other registered users with whom we believe the individual has corresponded. You acknowledge and agree that all terminations may be made by Vetted Workers Inc. in its sole discretion and that Vetted Workers Inc. shall not be liable to you or any third party for any termination of your access the Vetted App or Website or for the removal of any of the materials uploaded by you to the Vetted App or Website. Any termination of these terms of use by Vetted Workers Inc. shall be in addition to any and all other rights and remedies that Vetted Workers Inc. may have.

Availability and Updates

Vetted Workers Inc. may alter, suspend, or discontinue the Vetted App and/or Website at any time and for any reason or no reason, without notice. The Vetted App, Website and/or its services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Vetted Workers Inc. may periodically add or update the information and materials on this Vetted App or the Website without notice.

Privacy

Our Commitment to You

We are committed to protecting the privacy of our Vetted Workers and Users. Your right to privacy is very important. We recognize that when you choose to provide us with information about yourself, you trust us to act in a responsible manner. We believe this information should only be used to help us provide you with better service. By using the Vetted App, Website or its services, you consent to the collection, storage, usage and distribution of your personal and non-personal information as prescribed in this Privacy policy.

Definitions

For the purposes of this section of the Terms of Use and Conditions, “personal information” refers to personally identifiable information including, but not limited to, your name, address, e-mail address, credit card information, mobile phone number, profile picture and gender. Personal information may also include location data at the time of collection and further information required through the registration processes, communications, information downloads, service purchases, user support and surveys in respect of the Vetted App and Website services. “Non-personal information” is information of an anonymous nature which does not identify an individual. Non-personal information includes aggregate information such as demographic statistics of users (ie. average age or geographical allocation of our Users), the number of Vetted Workers and/or Users of Vetted Workers Inc.’s products, what pages Users access or visit on the Vetted App and/or Website, and average time spent on the Vetted App or Website. Although the use of certain non-personal information is collected, used or disclosed through the Internet as described herein is not restricted (and to the extent that such is the case, the obligations under this privacy policy do not apply to such information), we provide information in this Privacy policy about the collection of such information for the sake of transparency with respect to the operation of the Vetted App, Website and its services.

Compliance with the Law

By using our services, you agree that we may request personal information from you in accordance with Canada’s Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5 (“PIPEDA”). We may request certain information from you including your full name, address, email address, a criminal background check, and other personal information and/or qualification to ensure the safety and protection of all users of the Vetted App and Website in accordance with PIPEDA.

Third Parties

To enable us to more efficiently provide the services you have requested from us, Vetted Workers Inc. may share your personal information with third parties who are acting on our behalf as our agents, suppliers or service providers. Such third party service providers are provided only with such information as is necessary in the circumstances. Information provided to third parties may be used only for the purpose stipulated and is subject to strict terms of confidentiality.

Personal Information, Disclosure and Consent

In addition to the above-mentioned terms, we aim to collect, use and disclose only such information as is required to enable us to manage your accounts and service profiles, to provide services through the Vetted App and Website, to process payments, to provide transactional notifications to you, to provide you with opt-in marketing communications, to collect statistics about the use of our services, to maintain our customer lists, to receive and to respond to your inquiries or feedback, for identification and authentication purposes and for service improvement. We will maintain the confidentiality of any contact information you provide to us on signing up for our services or contacting us with questions or for further information and we will only use it for the purposes for which we have collected it (subject to the exclusions and disclosures listed below) unless you agree that we may disclose it to other third parties.
Certain exceptions apply to the above-noted categories. We may disclose your personal information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Users, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. We may disclose personal information when we believe in good faith that such disclosure is required by and in accordance with the law. We may further disclose your personal information in connection with a corporate re-organization, a merger or amalgamation with another entity, a sale of all or a substantial portion of our assets or stock, including any due diligence exercise carried out in relation to the same, provided that the information disclosed continues to be used for the purposes permitted by this Privacy policy by the entity acquiring the information.
Except as set forth in this Privacy policy, your personal information will not be used for any other purpose without your consent. We will not actively collect personal information for the purpose of sale or marketing in a way that specifically identifies the individual (unless you give us your consent, for example in connection with testimonials or reviews on the services provided) and we do not sell customer lists.
You may withdraw your consent to receiving marketing communications from us at any time. However, withdrawing consent will result in your inability to use any features of the Vetted App or Website which require registration or membership.

Accuracy

Vetted Workers Inc. will try to ensure that information about you is accurate, complete and up-to-date. However, please inform Vetted Workers Inc. to whom you provided your information of any change of name, address or other information. In the event you have questions about the accuracy of factual information we have collected about you, you may have access to that information to verify and update it. If we have disclosed inaccurate information about you to a third party, we will be pleased to contact the third party in order to correct this information..

Access

You have the right to access the personal information we hold about you in order to verify the personal information we have collected in respect to you and to have a general account of our Uses of that information. Upon receipt of your written request, Vetted Workers Inc. may, at its sole and absolute discretion, provide you with a copy of your personal information although in certain limited circumstances. We may not be able to make all relevant information available to you such as where that information also pertains to another User. In such circumstances we will provide reasons for the denial to your request. We will endeavor to deal with all requests for access and modifications in a timely manner. We will make every reasonable effort to keep your personal information accurate and up-to-date, and we will provide you with mechanisms to update, correct, delete or add to your personal information as appropriate. As appropriate, this amended personal information will be transmitted to those parties to which we are permitted to disclose your personal information.

Retention

We will keep your personal information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally identifiable data, account recovery, or if required by law. All retained personal information will remain subject to the terms of this privacy policy. If you request that your name be removed from our databases, it may not be possible to completely delete all of your personal information due to technological and legal restraints.

Reservation of Rights

We reserve the right to change this Privacy policy at any time. If we decide to change this Privacy policy in the future, we will send a copy of the most recent version to the account details we have on file for you. Any non-material change (such as clarifications) to this privacy policy will become effective on the date the change is posted and any material changes will become effective ten (10) days from their posting to your account as an email update. Unless stated otherwise, our current Privacy policy applies to all personal information that we have about you. The date on which the latest update was made is indicated at the bottom of these Terms of Use and Conditions. Your continued use of the Vetted App, Website and its services after the effective date of changes to this privacy policy signifies your acceptance of any changes.

Contact Us

Vetted Workers Inc. welcomes comments and questions on this Privacy policy. We are dedicated to protecting your personal information, and will make every reasonable effort to keep that information secure. If you have any questions, comments or concerns with your personal information, please contact us at support@vettedworkers.com.

Security

The security of your personal information is important to us. We use commercially reasonable efforts to store and maintain your personal information in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect personal information that you provide to us. We have implemented procedures designed to limit the dissemination of your personal information to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.
You are also responsible for helping to protect the security of your personal information. For instance, do not give your email account information or password for the Vetted App or Website services to third parties.
Information sent or received over the Internet is generally unsecure and Vetted Workers Inc. cannot and does not make any representation or warranty concerning security of any communication to or from the Vetted App or Website or any representation or warranty regarding the interception by third parties of personal and other information. You are responsible for safeguarding the password that you use to access the Vetted App or Website and you are responsible for any activities or actions under your password and you agree to keep your password secure. You are further responsible for helping to protect the security of your personal information. Vetted Workers Inc. will not be liable for any loss or damage arising from your failure to comply with these requirements.

Third Party Agreements

Content accessed or available through the Website or Vetted App may be owned or controlled by parties other than you or Vetted Workers Inc. (collectively by “Third Parties”) and may be protected by applicable copyright, trade-mark, patent, trade secret or other proprietary rights and laws. Third Parties may include, but are not limited to, Apple Inc., Samsung Group and applicable credit card service providers.

Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and Vetted Workers Inc., these Terms of Use and Conditions constitute the entire agreement and this agreement supersedes any prior agreements in relation to the subject matter of these Terms of Use and Conditions, whether written or oral. These Terms of Use and Conditions shall not be modified except in writing signed by Vetted Workers Inc. or by a new posting of these Terms of Use and Conditions issued by Vetted Workers Inc. The failure of Vetted Workers Inc. to exercise or enforce any right or provision under these Terms of Use and Conditions shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Vetted Workers Inc. must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the Terms of Use and Conditions, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Vetted Workers Inc.’s prior written consent. Vetted Workers Inc. may assign these Terms of Use and Conditions to anyone for any reason. These Terms of Use and Conditions are governed by the laws of Ontario without regard to conflict of laws principles.

Invalidity of Provisions

If any part of these Terms of Use and Conditions or any covenant in it is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of any other provision or covenant in the Terms of Use and Conditions.

Governing Law and Jurisdiction

The Terms of Use and Conditions (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the province of Ontario, Canada, without regard to choice or conflicts of law principles. Further, you and Vetted Workers Inc. agree to the jurisdiction of Ontario to resolve any dispute, claim, or controversy that relates to or arises in any way whatsoever or in connection with the Terms of Use and Conditions (and any non-contractual disputes/claims relating to or arising in connection with them), the Vetted App, and/or the Website.
Any dispute, controversy or claim arising out of or relating to this contract including any question regarding its existence, interpretation, validity, breach, termination or the business relationship created by it shall be referred to and finally resolved by arbitration in accordance with the Arbitration Act (Ontario). The arbitration is to be held in Toronto, Ontario. The decision arrived at by the arbitrator(s) shall be final and binding and no appeal shall lie therefrom