Last updated: 30 May, 2021
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY CLICKING SUBSCRIBE AND SIGNING UP YOU AGREE AND ARE BOUND TO THESE TERMS OF SERVICE.
Thank you for your interest in our online listings, reviews and web-traffic analytics services we are making available to you as part of our platform through this website www.caredupon.ca (the “Website”).
Our subscription services make available to you promote online listings, ability to respond to posted reviews and web-traffic analytics services (the “Subscription Services”), which we may update from time to time.
The entity providing the Subscription Services is Cared Upon Publishing Ltd. operating as CARED UPON, a company operating under the laws of British Columbia (referred to as “Cared Upon”, “we”, “us”, or “our”) located at 13401 108th Avenue, Suite 1450 Gateway Tower, Surrey, BC, Canada V3T 5T3.
Cared Upon reserves the right in its sole discretion to, change, modify, add, or remove portions of this Agreement at any time. Cared Upon will provide you with 30 days’ notice of any changes and such changes will take effect immediately after its publication in the Website. If after the publication of the changes you continue using the Subscription Services or the Website, such use implies your acceptance of our changes.
You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Subscription Services. Any registration, access to or use of the Subscription Services by anyone under such age is unauthorized, unlicensed, and in violation of this Agreement. We have no obligation to confirm that you meet the eligibility requirements outlined above; however, we may, in our sole discretion, terminate your account and prohibit you from accessing or using the Subscription Services (or any portion thereof), with or without notice, if we have any reason to believe that you do not meet the eligibility requirements.
Our Subscription Services are intended only for licensed and/or insured care providers.
Our Website includes graphics, photos, text, branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials. We offer online listings, facilitating reviews, and web-traffic analytics services in accordance with this Agreement.
Your use of the Subscription Services will require an account identifying you as a user (an “Account”). You must create a password and account identification to enable you to access and use certain portions of the Subscription Service. Each time you use a password or identification, you will be deemed to be authorized to access and use the Subscription Services in a manner consistent with this Agreement and we have no obligation to investigate the authorization or source of any such access or use of the Subscription Services.
We offer three levels of Subscription Services:
• Basic Listings: You will be able to create and/or modify the following information on the listings of your specific care services: name, address, telephone number, facility size, facility description (up to 100 words), provide responses to reviews (100 character limit), and you may upload one photo. The Basic level of Subscription Services is free to use.
• Enhanced Listings: You will have all the features available under Basic Listings, and your care services will be listed before Basic Listings in search results on our website. You will also be able to include online contact information your listing (email address and website); create the facility description (up to 500 words), upload pictures and other multimedia (up to 5), indicated the number of bed vacancies, and provide responses to reviews (300 word limit).
• Premium Listings: You will have all the features available under Basic Listings and Enhanced Listings, and your care services will be listed before Basic Listings and Enhanced Listings in search results on our website. You will also be able to send bed vacancy alerts to subscribed individuals, appear on “you may also be interested in” on Basic Listing Profiles, and you will have the ability to create a care group profile if the care provider is a part of a group of facilities.
The Enhanced Listings and Premium Listings are the Premium Subscription Services.
When you create an Account or make a payment, you will be asked to provide certain information. You acknowledge that we rely on the information that you provide through the creation of an Account, including name, contact information, and billing information. You agree to provide true, current, accurate and complete information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete, and accurate. You must not register for an Account on behalf of any individual other than yourself.
When purchasing a Premium Subscription Services please ensure that you take enough time to read and check your order before submitting it to us. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information.
YOU ARE SOLELY RESPONSIBLE FOR YOUR ACCOUNT, including but not limited to the maintenance, confidentiality and security of your Account, all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any person who gains access to your account, with or without your permission. You agree not to disclose your password to any third party. Cared Upon cannot and will not be liable for any loss or damage arising from your failure to maintain the security of your Account. You must notify Cared Upon immediately upon becoming aware of any breach of security or unauthorized use of your Account.
Your Subscription Services will continue until terminated. The ability to respond directly to reviews and to review web-traffic analytics will be accessible to you on our website. Your listings will be promoted on our Website, such that there will be enhanced visibility as set out in our Subscription Services levels. We expect you to confirm that the Premium Subscription Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result from your purchase of the Premium Subscription Services.
Purchasing Subscription and Auto-Renewal
Purchases of the Premium Subscription Services can be made on our Website. When you place an order for Premium Subscription Services via our Website, you are offering to purchase the Premium Subscription Services on the above Terms. Cared Upon reserves the right to cancel or decline your Premium Subscription Services until you have received a receipt from us.
The price for the Enhanced Listings is $3,000 per year.
The price for the Premium Listings is $6,000 per year.
Please be aware that if you subscribe to Premium Subscription services for a term of one year (the “Initial Term”), then the term of your subscription will automatically renew for additional periods of the same duration of the Initial Term at Cared Upon’s then current price for such Subscription Services.
All prices are listed in Canadian dollars. Listed prices do not include applicable sales taxes, which will be calculated upon checkout and added to the total cost of your order. Pricing for the Premium Subscription Services may change with notification, but such changes will not affect any Premium Subscription Services you have already purchased.
We accept the forms of payment available through our third party payment provider, such as credit cards, debit cards, and Stripe (please note that our third party payment provider may change the available forms of payment at any time without notice to you). Please be aware that your use of any of these payment methods will also be subject to any applicable terms and conditions and policies of the applicable third party payment provider
We reserve the right to request additional information from you to verify your payment. We may also add or remove acceptable forms of payment at our sole discretion and without notice to you.
YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE OR RECEIVE A REFUND OR CREDIT OF YOUR FEES AT ANY TIME. IF YOU CANCEL YOUR SUBSCRIPTION YOUR SUBSCRIBER ACCOUNT WILL AUTOMATICALLY REVERT TO THE BASIC LISTINGS AT THE END OF YOUR BILLING PERIOD, AND YOUR SUBSCRIPTION WILL NOT BE RENEWED. YOU WILL NO LONGER BE ABLE TO USE THE ADDITIONAL FEATURES OF THE PREMIUM SERVICES.
Upon completion of your purchase and successful payment, a legally binding contract shall be created between us and you, and we will send you a receipt (a “Confirmation Email”) to the email address that you have provided us. The subscription fees are charged for an annual subscription, and unless you cancel your subscription before your billing date, you authorize us to charge the subscription fee for the next billing cycle.
If you falsely, fraudulently, or otherwise dishonestly dispute the payment for the Subscription Services you have ordered from us, to the extent a chargeback is fully or partially issued against us, you agree to indemnify us for the full amount of payment of the chargeback, plus any associated fees, fines, expenses or penalties (including those assessed by our payment processor or the financial institutions handling the transaction).
In this Agreement, “Content” means all materials and content, including any videos, audiovisual materials, multimedia elements, sound recordings, music, designs, editorial, text, graphics, photographs, reports, documents, software, information, formulae, patterns, data and any other work available through our Subscription Services.
Except where expressly stated otherwise, all right, title and interest in and to the Subscription Services and all Content, source code, processes, designs, technologies, URLs, domain names, marks and logos forming any part of the Subscription Services (collectively, “Our Content”) is owned and copyrighted by us and is fully vested in us, our licensors or our suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. You agree that Our Content is licensed to you subject to this Agreement and in accordance with its terms, including the disclaimers and limitations of liability herein. Nothing in your use of the Subscription Services or this Agreement grants you any right, title or interest in or to Our Content except the limited right to use the Subscription Services as set out in this Agreement. You are not permitted to use trademarks, logos and service marks for any purpose. Except as expressly indicated on the website, no endorsement, sponsorship, affiliation or other authorization is implied by any use of third party trademarks.
Content accessed or available through the Subscription Services or the Internet may be owned by parties other than you or us (collectively, “Third Party Content”) and may be protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Subscription Services or this Agreement grants you any right, title or interest in or to this Third Party Content except for the limited right to use the Subscription Services as set out herein.
All right, title and interest in and to comments, ideas, suggestions and impressions of the Subscription Services given by you to us (collectively, the “Feedback”) is and shall be deemed to be our property and, by submitting Feedback to us you assign to us all right, title and interest to such Feedback.
Provided that you are eligible to use the Website, you are granted a limited license to access the Website for your commercial use. We reserve all rights not expressly granted to you in and to the Website, the Content and the Subscription Services. Without limiting the generality of anything else in this Agreement, you must only use the Subscription Services for lawful purposes, and if at any time you become aware of any violation, by any person or entity under your control, of any part of this Agreement, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation.
You may not access or use the Website for any purpose other than that for which we make the Website available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
You may not, directly or indirectly, do or permit any of the following:
• Reproduce, download, modify, translate, add to, distribute, redistribute, transmit, publish, perform, display, disclose, archive, upload, broadcast or sell, resell, transfer, sublicense, index or exploit any part of the Website, or the Content on the Website in any medium, either directly or through the use of any device, software, internet site, web-based service or other means, without our prior express written permission;
We reserve the absolute right to suspend or terminate your access, your Account or access to all or part of the Subscription Services if (a) we believe that you do not meet the eligibility requirements to use the Service; (b) you materially or repeatedly breach the Terms of this Agreement or we believe you are misusing the Subscription Services; (c) we are required to do so to comply with a legal requirement or a court order; or (d) we believe there has been conduct that creates (or could create) liability or harm us including but not limited to your infringement of our intellectual property.
You acknowledge and agree that you are exclusively responsible for determining the accuracy, suitability, harmfulness or legality of the Content, information or material received, transmitted or sent by you using the Subscription Services.
YOU ACKNOWLEDGE AND AGREE THAT ALL USE OF THE SUBSCRIPTION SERVICES PROVIDED BY US IS AT YOUR OWN RISK. THE SUBSCRIPTION SERVICES PROVIDED UNDER THESE TERMS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT THE SUBSCRIPTION SERVICES WILL BE ERROR FREE OR THAT THE CONTENT WILL BE FREE OR ERRORS OR OMISSIONS.
EXCEPT AS OTHERWISE SET OUT IN THIS AGREEMENT, WE MAKE NO CONDITIONS, WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, SECURITY, QUALITY, CAPACITY, PERFORMANCE, AVAILABILITY, TIMELINESS OR ACCURACY OF THE SUBSCRIPTION SERVICES. WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT, WHETHER ARISING BY USAGE OF TRADE, BY COURSE OF DEALING, BY COURSE OF PERFORMANCE, AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE HOWSOEVER.
ADDITIONALLY, YOUR USE OF THE SUBSCRIPTION SERVICES DEPENDS ON THE INTERNET, INCLUDING NETWORKS, CABLING, FACILITIES AND EQUIPMENT THAT IS NOT IN OUR CONTROL; ACCORDINGLY
EXCEPT AS REQUIRED BY APPLICABLE LAW, CARED UPON, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
IN NO EVENT WILL CARED UPON OR ITS AFFILIATES BE LIABLE FOR DAMAGES, EXPENSES, COSTS, LIABILITIES, SUITS, CLAIMS, RESTITUTION OR LOSSES, THAT EXCEED, IN THE AGGREGATE, THE AMOUNT OF FEES PAID BY YOU FOR THE SUBSCRIPTION SERVICES YOU PURCHASED IN THE 12 MONTH PERIOD BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO CARED UPON.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Cared Upon, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) access to or use, by you or permitted by you, of the Subscription Services or your Account (ii) your violation of any term of this Agreement; or (iii) any third party claims as a result of your reliance on any information made available to you. This defense and indemnification obligation will survive this Agreement and your use of the Subscription Service.
These Terms and the rights of the parties hereto are governed by, and will at all times be construed in accordance with, the laws in force in the Province of British Columbia and the laws of Canada applicable therein, without reference to its conflict of laws principles. You hereby irrevocably consent to the jurisdiction of the courts of the Province of British Columbia in connection with any matter arising out of or in connection with this Agreement.
If a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
Our failure to insist upon or enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of this Agreement. Our rights, powers and remedies in this Agreement, including without limitation the right to suspend, restrict or terminate your access to any portion of the Subscription Services, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.
This Agreement and its Terms cannot be assigned by you. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives and successors.
All provisions that, by their meaning or nature, are intended to survive termination or expiry of this Agreement shall survive termination or expiration of this Agreement.
The Agreement, as amended from time to time, including any and all documents and policies referenced herein, constitutes the entire agreement between us and you with respect to the matters referred to in this Agreement.
If you have any questions or concerns about this Agreement, please contact us by email at firstname.lastname@example.org