CARE PROFESSIONAL/CUSTOMER/USER TERMS AND CONDITIONS

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THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THEM CAREFULLY BEFORE USING THE SERVICES.

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These terms and conditions (“Terms and Conditions”) form a legal agreement between you and Bloom, carrying on business as Bloom (“Bloom”) and set forth the terms and conditions of your use of the Services (as defined below), and represents the entire agreement between you and Bloom concerning the subject matter hereof.

References to “you” and “your” in these Terms and Conditions are to you and anyone who uses the Services through your registered Account, including each CARE PROFESSIONAL (as defined below) and each User (as defined below) as the case may be and as the context requires. References to “we”, “us” and “our” in these Terms and Conditions are to Bloom.

Your electronic acceptance of these Terms and Conditions signifies that you have read, understand, acknowledge and agree to be bound by these Terms and Conditions and any other agreements or policies that are expressly incorporated in these Terms and Conditions.

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BY ACCESSING AND/OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT, AND YOU MUST NOT PROCEED TO REGISTER FOR THE SERVICES.

 

If you have any questions or concerns about these Terms and Conditions, please contact us at hello@mybloomcare.com.

1. Definitions

   • In these Terms and Conditions, in addition to the terms defined elsewhere in these Terms and Conditions, the following terms have the following meanings:

     • “Care Professional” means a personal support worker, social worker, caregiver, home care aide, rehab support worker, nurse, physiotherapist, developmental support worker, driver, or similar professional that is authorized to deliver Care Professional Services.

     • “Care Professional Services” means [the delivery of physical support and assistance or similar services offered by CARE PROFESSIONALs and facilitated by Bloom, which may include, but is not limited to, providing assistance with activities of daily living such as dressing, grooming, personal hygiene, elimination, mobility (positioning and using mechanical or physical lifts for transfer) and other routine daily activities; assistance with instrumental activities of daily living, such as light Housekeeping, menu planning and meal preparation; assisting clients with taking medications; transportation (for shopping); accompanying (for appointments); and the scheduling, appointment booking and payment for such services or similar services]. See Section 3 for important information regarding CARE PROFESSIONAL Services. The provision of CARE PROFESSIONAL Services is facilitated by Bloom.

     • "Geo-Location" means the process or technique of identifying the geographical location of a person or device by means of digital information processed via the Internet/Applications.

     •  “User” means any person using the Services other than a CARE PROFESSIONAL or Health Care Professional finding work.

     • “Website” means Bloom’s website available at mybloomcare.com and all other websites owned and operated by Bloom that redirect to www.mybloomcare.com and all subdomains of mybloomcare.com.

Scope of these Terms and Conditions; Modification of these Terms and Conditions

• With respect to Services, Bloom provides home care that manages the care of users.

• These Terms and Conditions apply to CARE PROFESSIONAL and User access. You must be 18 years old (or the legal age of majority in your province) and able to form legally binding contracts to be eligible to use the Services.

• Subject to applicable law, we reserve the right, in our sole and absolute discretion, to modify all or any portion of these Terms and Conditions at any time without incurring any liability or obligation whatsoever to you or any other person or entity. If we do this, we will post the changes to these Terms and Conditions at least thirty (30) days before the modification comes into effect, and will indicate at the top of this page the date these Terms and Conditions were last modified. You may refuse the modification and rescind, or cancel the Services before they come into effect without cost, penalty, cancellation fee or cancellation indemnity, depending on when the services were cancelled, which can be found in our cancellation policy. You always have the right to cancel the Services at any time if changes to these Terms and Conditions are not acceptable to you; however, payments made are non-refundable, as well as services rendered from a CARE PROFESSIONAL or Health Care Professional providing and completing work for a client (see Section 6). To the fullest extent permitted by applicable law, your continued access to and/or use of the Services after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, these Terms and Conditions, as modified. We generally will endeavor notify you of changes or modifications to these Terms and Conditions through the Services. We may also, in our sole discretion, occasionally notify you of changes or modifications to these Terms and Conditions by email. It is therefore very important that you send us and keep your email information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

• Subject to our right to make modifications, no other statements (written or verbal) will change these Terms and Conditions. You may not make any changes to these Terms and Conditions.

Privacy

• In order to offer you the Services, we collect bank account, payment, educational and other personal information from you, and will share certain personal information of Users with CARE PROFESSIONALs whom receive CARE PROFESSIONAL Services from. Any collection, use and/or disclosure of your information by us in connection with the Services is governed by these Terms and Conditions and our privacy policy, which is available at https://www.mybloomcare.com/privacy-policy (the “Privacy Policy”). You hereby consent to our collection, storage, use and disclosure of personal information in accordance with the Privacy Policy and these Terms and Conditions (including, but not limited to, as is described in Sections 3 and 6.9 below). In the event of a conflict between these Terms and Conditions and the Privacy Policy, these Terms and Conditions will govern. Notwithstanding the foregoing, Bloom reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

• The Privacy Policy may be updated from time to time at our discretion. Changes to the Privacy Policy will be effective when we post the changes to the Website or as otherwise provided for in the Privacy Policy.

Services

• CARE PROFESSIONAL Services are accessed via phone or email through Blooms personal, hands on management and coordination of care.

• The Services are designed and intended for adult usage. [A User should consult his/her physician before engaging in any CARE PROFESSIONAL Services to determine whether they are necessary or appropriate for him/her.] By using the Services, you are representing and warranting that you have the full right to enter into these Terms and Conditions and have obtained all required permissions and such representation and warranty shall survive the termination of these Terms and Conditions.

• You specifically agree that Bloom may rely on the accuracy of the information provided by you to Bloom, and that Bloom will have no liability whatsoever, whether to you or to any third party, for any claims or damages resulting from inaccurate information provided to Bloom.

• We reserve the right to do any of the following, at any time, at our sole discretion, with or without notice: (a) modify, suspend, or terminate operation of or your access to the Services, or any portion of the Services; or (b) interrupt the regular operation of the Services, or any portion of the Services, as necessary to make changes to the Services. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.

CARE PROFESSIONAL Services

• User: [You may receive CARE PROFESSIONAL Services via phone or email from management or coordination. Each booking will require details of the type and scope of CARE PROFESSIONAL services needed, the requested date and time of the CARE PROFESSIONAL Services, the location at which the CARE PROFESSIONAL Services will be performed and the cost of the CARE PROFESSIONAL Services.] [If necessary, you may be presented with other contractual terms between you and Bloom that you will be asked to approve. If you do not approve, the CARE PROFESSIONAL may not perform the CARE PROFESSIONAL Services.]

• CARE PROFESSIONALs are employees of Bloom. Bloom Services offered to a User by scheduling a particular CARE PROFESSIONAL may be suspended, restricted, discontinued or otherwise terminated at any time, for any reason, with or without notice from Bloom to such User. Such actions are outside the control of Bloom and each User agrees that Bloom will not be liable to him/her or to any third party for any such suspension, restriction, discontinuance or termination.

• [You agree that booked CARE PROFESSIONAL Services may be cancelled by the User without incurring any fees or penalties up to 24 hours before the time that the CARE PROFESSIONAL has commenced travel to where the Services are to be performed. If a User wishes to cancel after the CARE PROFESSIONAL arrives at the premises but before the CARE PROFESSIONAL begins to deliver the CARE PROFESSIONAL Services, such User may be liable for a minimum fee, if applicable, and you will be advised of such at the time such User books the CARE PROFESSIONAL Services. Once the CARE PROFESSIONAL begins to perform the CARE PROFESSIONAL Services, if a User cancel the CARE PROFESSIONAL Services, such User will be responsible to pay for the full amount charged at the time of booking.]

• User: You acknowledge and agree that in order for you to receive CARE PROFESSIONAL Services from a CARE PROFESSIONAL, Bloom is required to disclose certain personal information that we collect from you to such CARE PROFESSIONAL with whom you interact, such as your name, necessary medical information and location. You hereby consent to: (i) our collection, use and disclosure of your personal information in connection with your use of the Services, and (ii) our disclosure of certain of your personal information to CARE PROFESSIONALs for the purposes of enabling them to provide you with CARE PROFESSIONAL Services. PLEASE NOTE THAT WHILE SUCH CARE PROFESSIONALS ARE CONTRACTUALLY BOUND TO PROTECT YOUR PERSONAL INFORMATION, BLOOM DOES NOT CONTROL CARE PROFESSIONALS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT FOR BLOOM’S OWN ACTS, BLOOM DISCLAIMS ALL LIABILITY IN RESPECT OF THE HANDLING OF YOUR PERSONAL INFORMATION BY CARE PROFESSIONALS.

• CARE PROFESSIONAL: You acknowledge and agree that in order for you to deliver CARE PROFESSIONAL Services to Users, Bloom is required to disclose certain personal information that we collect from you to such Users with whom you interact, such as your name, qualifications, previous work experience and location. You hereby consent to: (i) our collection, use and disclosure of your personal information in connection with your delivery of the Services, and (ii) our disclosure of certain of your personal information to Users for the purposes of enabling them to decide whether to proceed with the CARE PROFESSIONAL Services. PLEASE NOTE THAT WHILE SUCH USERS ARE CONTRACTUALLY BOUND TO PROTECT YOUR PERSONAL INFORMATION, BLOOM DOES NOT CONTROL USERS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT FOR BLOOM’S OWN ACTS, BLOOM DISCLAIMS ALL LIABILITY IN RESPECT OF THE HANDLING OF YOUR PERSONAL INFORMATION BY USERS.

• YOU ACKNOWLEDGE AND AGREE THAT ANY PERSONAL INFORMATION WHICH YOU CHOOSE TO DISCLOSE IN ACCORDANCE WITH THIS SECTION 5 IS AT YOUR OWN DISCRETION AND OF YOUR OWN VOLITION AND IS NOT SUBJECT TO THE PRIVACY POLICY. ANY DISCLOSURE OF PERSONAL INFORMATION, AND ALL INTERACTIONS BETWEEN CARE PROFESSIONALS AND USERS ARE SOLELY BETWEEN THOSE PARTIES.

• BLOOM SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OR DELIVERY OF THE CARE PROFESSIONAL SERVICES, EVEN IF BLOOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BLOOM SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) THE USE OF OR RELIANCE ON THE CARE PROFESSIONAL SERVICES OR AN INABILITY TO ACCESS OR USE THE CARE PROFESSIONAL SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN A USER AND A CARE PROFESSIONAL OR ANY THIRD PARTY PROVIDER, EVEN IF BLOOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BLOOM SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BLOOM’S REASONABLE CONTROL. IN NO EVENT SHALL BLOOM’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES OR CARE PROFESSIONAL SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

• Care Professional: The Care Professionals mobile device will be used for and geo-location services to ensure proper care facilitation within the clients geography. 

• CARE PROFESSIONAL: By accepting these Terms and Conditions you are confirming that you have obtained and currently hold all necessary qualifications and certifications to provide and carry out the CARE PROFESSIONAL Services which you are offering via the Services, that you are currently in good standing and that your performance of the CARE PROFESSIONAL Services is not in violation of any law, statute, regulation, direction, contract, Act, court order or any other prohibition. You agree to provide such evidence of the foregoing confirmations to Bloom as Bloom may request from time to time to verify such confirmations, including any sworn declarations that Bloom may request and you accept that the request of such evidence is reasonable in connection with the services being provided by Bloom.

• User: If you use the Services, you agree that: (a) you have the right to grant the CARE PROFESSIONAL access to the premises to perform the CARE PROFESSIONAL Services; and (b) there will be a representative who is 18 years or older present at all times while the CARE PROFESSIONAL Services are being performed. If your address at which the CARE PROFESSIONAL Services will be performed is subject to any easements, covenants, or other legal encumbrances that could affect the completion of the CARE PROFESSIONAL Services, you agree to advise the CARE PROFESSIONAL. You are responsible for ensuring that areas where the CARE PROFESSIONAL Services will be performed are free of preexisting physical or environmental hazards or other violations of applicable law, rules, regulations, ordinances, or codes. You agree to control and keep pets away from areas where the CARE PROFESSIONAL Services will be performed.

• User: Any opinions, advice, or information expressed by a CARE PROFESSIONAL are of that CARE PROFESSIONAL and such CARE PROFESSIONAL alone. They do not reflect the opinions of Bloom. Bloom does not recommend nor endorse any specific CARE PROFESSIONALs, nor do we recommend or endorse any information or materials that may be provided to you by a CARE PROFESSIONAL, including, but not limited to, as part CARE PROFESSIONAL Services.

• User: Always consider and be mindful of your medical history and medical needs. It is your responsibility to evaluate the usefulness and appropriateness of any service, information or recommendations given by CARE PROFESSIONALs. Reliance on any such service, information, recommendations or other materials provided by any CARE PROFESSIONAL is solely at your own risk. AS BETWEEN YOU AND BLOOM, SUCH INFORMATION AND ALL CARE PROFESSIONAL SERVICES ARE PROVIDED ON AN “AS-IS” BASIS AND BLOOM DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE.

• User: CARE PROFESSIONAL Services are delivered by a CARE PROFESSIONAL. CARE PROFESSIONAL Services are not intended to be a substitute for the services of trained medical professionals. Prior to participating in any CARE PROFESSIONAL Services, or if you have any questions regarding a medical condition, seek the advice of your physician and other qualified health-care professionals.

• User: Never disregard professional medical advice or delay in seeking it because of something a CARE PROFESSIONAL has recommended, discussed with, or otherwise provided to you. Always seek the advice of your physician with any questions you may have regarding your physical or mental health and wellness. If you think you may have a medical emergency, call your physician or 911 immediately.

• TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLOOM SHALL IN NO EVENT BE LIABLE TO ANY CARE PROFESSIONAL, USER OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON INFORMATION ABOUT OR FROM ANY CARE PROFESSIONAL OR USER, IN CONNECTION WITH ANY CARE PROFESSIONAL SERVICES, ANY INTERACTIONS BETWEEN CARE PROFESSIONALS AND USERS OR OTHERWISE IN CONNECTION WITH ANY INFORMATION OR MATERIALS PROVIDED, MADE AVAILABLE OR FAILED TO BE PROVIDED OR MADE AVAILABLE BY A CARE PROFESSIONAL OR A USER IN CONNECTION WITH THE CARE PROFESSIONAL SERVICES OR THE SERVICES.

• The limitations and disclaimers in these Terms and Conditions do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.

1. Fees for Services and Payments

   • As part of facilitating the provision and receipt of CARE PROFESSIONAL Services, Users purchase access to CARE PROFESSIONAL Services on an hourly basis. Bloom will collect applicable fees (total bill rate) on behalf of Users and remit such amounts, less a margin, to CARE PROFESSIONALs (the “Service Fee”). No further fees, expenses or any other amounts are due from Users to CARE PROFESSIONALs.

   • Users must provide Bloom with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) in order to purchase Services.

   • Subject to applicable law, when Users purchase Services: (a) Users are committing to pay for the entire shift requested; and (b) except as expressly set out in these Terms and Conditions, PAYMENTS ARE NON-REFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SHIFTS (following any cancellation, however, you will continue to have access to the Services);

   • User: Bloom may change the price for the Services from time to time, upon notice to Users, which notice may be provided by means of updates on the website. Price changes for Services will take effect at the start of the next billing period following the date of the price change. Users shall accept the new price by continuing to use the Services after the price change takes effect. If a User does not agree with the price changes, such User has the right to reject the change by cancelling the Services prior to the price change taking effect or by contacting hello@mybloomcare.com. Users are therefore advised to read any such notification of price changes carefully.

   • CARE PROFESSIONAL: Bloom may change the Pay Rate to CARE PROFESSIONALs from time to time, upon notice to CARE PROFESSIONALs, which notice may be provided by means of updates on the website. Pay Rate changes will take effect at the start of the next billing period following the date of the Pay Rate change. CARE PROFESSIONALs shall accept the new Pay Rate by continuing to use the Services after the Pay Rate change takes effect. If a CARE PROFESSIONAL does not agree with the Pay Rate change, such CARE PROFESSIONAL has the right to reject the change by contacting Bloom prior to the Pay Rate change taking effect. CARE PROFESSIONALs are therefore advised to read any notification of Pay Rate changes carefully. Pay Rate’s will be deducted from Total Pay for work rendered.

   • User: A User may choose to cancel User’s Services for the next applicable transactional period at any time by contacting us directly at hello@mybloomcare.com. Following any cancellation, however, such User will continue to have access to the Services. Notwithstanding the generality of Section 1, we may cancel a User’s access to Services at any time if such User fails to pay amounts owing when due, subject to any applicable grace periods, or for breach of any other provision of these Terms and Conditions or for any other reason. In such case, such User will still be responsible for payment of all outstanding balances accrued through that effective date of termination. Each User must comply with all of the terms and conditions of these Terms and Conditions. We may cancel the Services of any User deemed by us to be in breach of these Terms and Conditions.

   • CARE PROFESSIONAL: A CARE PROFESSIONAL may choose to cancel such CARE PROFESSIONAL’s access to Services at any time by contacting us directly at hello@mybloomcare.com. Notwithstanding the generality of Section 13.1, we may cancel a CARE PROFESSIONAL’s access to the Services at any time for breach of any provision of these Terms and Conditions. In such case, Bloom may still deduct or pursue any outstanding Fees accrued through that effective date of termination. Each CARE PROFESSIONAL must comply with all of the terms and conditions of these Terms and Conditions.

   • User: We will bill all fees for a User’s Services to such User’s Payment Method. Unless a User chooses to store such User’s information for Payment Method with Bloom, such User will be required to re-enter the Payment Method each time that a purchase is made with Bloom. Each User must be authorized to use the Payment Method entered. Payments will be processed by our third party billing and payment processing providers (each, a “Billing Provider”). By making a purchase, each User authorizes Bloom and/or the Billing Provider (as the case may be) to charge such User’s designated Payment Method for all purchases made by that User. When a User provides Bloom with information about such User’s Payment Method, that information, potentially along with other personal information, will be shared with the Billing Provider for the purposes of processing that User’s payments. Each User hereby consents to our disclosure of such User’s information (including, but not limited to, personal information) to the Billing Provider for the foregoing purposes. Each User further acknowledges and agrees that the Billing Provider may also request information about you and the collection and use of such information will be subject to the terms of any agreements or policies put in place by such Billing Provider, which may be made available to such User during the payment information registration process. Each User acknowledges and agrees that we shall have no liability to such User in connection with the use and disclosure of such User’s personal information when collected by the Billing Provider.

   • User: Each User remains responsible for any uncollected amounts and authorizes Bloom to continue billing the Payment Method, as it may be updated. If a payment charge to a User’s Payment Method is declined, such User acknowledges that he/she will no longer be able to access and use the Services. Where a User’s Payment Method is rejected for any reason, such User will also be responsible for any fees and charges associated with such rejection. The foregoing shall not limit Bloom’s ability to exercise any rights available to it in law or equity respecting the collection of any amounts payable hereunder, and a User shall also be responsible for paying for all reasonable fees and costs incurred by Bloom, including legal fees, in collecting any overdue amounts or enforcing any provision of these Terms and Conditions.

   • From time to time, Bloom may offer trials of Services for a specified period without payment or at a reduced rate or reduced Service Fee (a “Trial”). Bloom reserves the right, in its absolute discretion, to determine a User or CARE PROFESSIONAL’s eligibility for a Trial, and, subject to applicable law, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under applicable law. For some Trials, we may require a User to provide your payment details to start the Trial. At the end of such trials, we may automatically start to charge a User for the applicable Services on the first day following the end of the trial, on a recurring basis that is based on the period selected when such User signs up. By providing payment details in conjunction with the trial, a User agrees to this charge using such payment details. If a User does not want to incur this charge, such User must cancel the applicable Services.

2. CARE PROFESSIONAL Pre Screening Procedures and Disclaimers

   • Bloom uses the following criteria as part of its registration process (“registration”) for new CARE PROFESSIONALs applying to join our network:

     • Copy of updated resume

     • CARE PROFESSIONAL certificate or relevant certificate (For out of country Nursing Degrees, please provide your foreign certificate) or relevant diploma/degree

     • Copy of CPR and First Aid Certificates

     • Copy of Vulnerable Police Screen

     • Two relevant work references (preferably employers, supervisors, or preceptors – no friends or relatives)

• The above procedures may change from time to time at the sole discretion of Bloom. Bloom does not represent or warrant that the information received from provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that Bloom checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.

• User: While Bloom will take certain steps to consider the qualifications and suitability of each CARE PROFESSIONAL to provide the CARE PROFESSIONAL Services in accordance with the above criteria set out above, Bloom makes no guarantee as to the quality of the CARE PROFESSIONAL Service which will be delivered by a CARE PROFESSIONAL to a User.

       THE ABOVE SCREENING IS PERFORMED BASED UPON INFORMATION PROVIDED TO BLOOM BY THE CARE PROFESSIONAL (E.G. COPY PASSPORT, SOCIAL SECURITY NUMBER). BLOOM PERFORMS SCREENING SOLELY AT THE TIME THE CARE PROFESSIONAL APPLIES TO BLOOM AND THEREFORE A CARE PROFESSIONAL’S INFORMATION MAY CHANGE OR EXPIRE OVER TIME. THUS, BLOOM CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. BLOOM IS UNDER NO OBLIGATION TO UPDATE A CARE PROFESSIONAL’S SCREENING INFORMATION.

DISCLAIMER: BLOOM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.

1. Conduct

   • In order to use Services, you must be at all times in compliance with the terms and conditions of these Terms and Conditions and applicable law.

   • You will not, and agree to not, do any of the following in connection with your use of the Services or your delivery or receipt of CARE PROFESSIONAL Services (as the case may be) (and Bloom may report any of the following to the relevant law enforcement authorities where Bloom deems it appropriate):

     • interact or communicate with CARE PROFESSIONALs or Users (as the case may be) through any means other than through the Services;

     • provide any false or misleading information to Bloom, any CARE PROFESSIONAL or any User (as the case may be);

     • interact or otherwise engage with any CARE PROFESSIONAL or any User (as the case may be) or any other person in a manner that, in the sole discretion of Bloom:

       • is offensive, racist, bigoted, hateful, disrespectful, unsafe, unprofessional or is otherwise physically, emotionally or psychologically harmful, or potentially harmful, to any person;

       • harasses or advocates harassment of another person;

       • solicits or is designed to solicit an inappropriate or unlawful relationship;

       • constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

       • constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music, video or links to pirated video files;

       • solicits, or is designed to solicit, passwords or personal identifying information;

       • involves criminal conduct; or

       • violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person;

     • commit any criminal or tortious activity, including, theft, fraud, harassment, defamation, stalking, assault, spamming or sending of viruses or other harmful files; or

     • impersonate or attempt to impersonate a Bloom employee, a CARE PROFESSIONAL or a User (as the case may be).

1. Intellectual Property Rights

   • You acknowledge that the Services are owned by Bloom, who retains all right, title and interest therein, and is protected by Canadian and international copyright laws. You do not acquire any intellectual property or other proprietary rights under these Terms and Conditions, including without limitation any right, title or interest in and to patents, copyrights, trade-marks, industrial designs, confidential information, or trade secrets, whether registered or unregistered, relating to the Services.  Your only rights to the Services and any part thereof shall be those rights expressly licensed or granted to you under these Terms and Conditions.  Any rights not expressly granted under these Terms and Conditions are reserved.

2. Disclaimer of Warranties

   • YOUR USE OF THE SERVICES AND ALL CARE PROFESSIONAL SERVICES ARE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SERVICES, CARE PROFESSIONAL SERVICES, AND ALL INFORMATION AND MATERIALS IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE REGARDING MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, THE CORRECTNESS, ACCURACY, QUALITY OR RELIABILITY OF THE SERVICES, CARE PROFESSIONAL SERVICES OR ANY INFORMATION OR MATERIALS IN CONNECTION THEREWITH. BLOOM DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES, CARE PROFESSIONAL SERVICES, SOFTWARE OR WEBSITE NOR DOES IT GUARANTEE THAT A CARE PROFESSIONAL WILL BECOME ENGAGED BY A USER FOLLOWING USE OF THE SERVICES, CARE PROFESSIONAL SERVICES, SOFTWARE OR WEBSITE NOR THE QUALITY OF THE CARE PROFESSIONAL SERVICES PROVIDED TO THE USER. IN ADDITION, WE DO NOT WARRANT THAT THE SERVICES WILL BE NON-INFRINGING, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT DEFECTS WILL BE FOUND OR CORRECTED. WE ALSO PROVIDE NO REPRESENTATION, WARRANTY OR CONDITION REGARDING THE ACCURACY, TIMELINESS, AUTHENTICITY, COMPLETENESS OR RELIABILITY OF THE SERVICES, CARE PROFESSIONAL SERVICES OR ANY INFORMATION OR MATERIALS IN CONNECTION THEREWITH. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

3. Limitation of Liability

   • BLOOM DOES NOT HAVE CONTROL OVER THE QUALITY, TIMING, OR ANY OTHER ASPECT WHATSOEVER OF ANY CARE PROFESSIONAL SERVICES AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE CARE PROFESSIONAL SERVICES OR THE CONDUCT OR ACTIVITIES OF THE CARE PROFESSIONAL.

   • ACCORDINGLY, EXCEPT AS OTHERWISE SET FORTH HEREIN EACH USER AND CARE PROFESSIONAL UNDERSTANDS AND ACKNOWLEDGES THAT THE SOLE RECOURSE WITH RESPECT TO THE CARE PROFESSIONAL SERVICES IS AGAINST THE CARE PROFESSIONAL WHO PERFORMED THE JOB.

   • NOT APPLICABLE TO RESIDENTS OF QUEBEC: TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BLOOM DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. BLOOM DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, RESULTING FROM OR IN CONNECTION WITH: (A) ANY USE OF, OR INABILITY TO USE, THE SERVICES, CARE PROFESSIONAL SERVICES OR ANY INFORMATION OR MATERIALS IN CONNECTION OR ASSOCIATION THEREWITH; OR (B) ANY OTHER MATTER RELATING TO THE SERVICES, CARE PROFESSIONAL SERVICES OR ANY INFORMATION OR MATERIALS IN CONNECTION OR ASSOCIATED THEREWITH, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF BLOOM HAS BEEN ADVISED OF, OR COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

   • APPLICABLE ONLY TO RESIDENTS OF QUEBEC: EXCEPT FOR DAMAGES RESULTING FROM BLOOM’S OWN ACTS, BLOOM WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, RESULTING FROM OR IN CONNECTION WITH: (A) ANY USE OF, OR INABILITY TO USE, THE SERVICES, CARE PROFESSIONAL SERVICES OR ANY INFORMATION OR MATERIALS IN CONNECTION OR ASSOCIATED THEREWITH; OR (B) ANY OTHER MATTER RELATING TO THE SERVICES, CARE PROFESSIONAL SERVICES OR ANY INFORMATION OR MATERIALS IN CONNECTION OR ASSOCIATED THEREWITH.

   • NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS AND CONDITIONS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BLOOM’S TOTAL CUMULATIVE LIABILITY TO YOU FOR DIRECT OR ANY OTHER DAMAGES OF ANY KIND OR NATURE IN CONNECTION WITH THE SERVICES, CARE PROFESSIONAL SERVICES, ANY INFORMATION OR MATERIALS IN CONNECTION OR ASSOCIATION THEREWITH OR OTHERWISE UNDER THESE TERMS AND CONDITIONS EXCEED THE LESSER OF: (1) THE FEE AMOUNTS OR SERVICE FEE PAID BY YOU IN THE THREE (2) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO ANY CLAIM OR DAMAGES, AND (3) ONE HUNDRED CANADIAN DOLLARS (CDN $100.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

   • You expressly acknowledge that we make the Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth in these Terms and Conditions, and that these form an essential basis of the bargain between you and us. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth in these Terms and Conditions will survive, and, subject to applicable laws, continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of these Terms and Conditions.

4. Indemnification

   • You agree to indemnify, defend and hold harmless Bloom, its parent, subsidiaries, affiliates, officers and employees, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of: (a) your use or misuse of the Services, (b) your performance of the CARE PROFESSIONAL Services (c) any breach of these Terms and Conditions by you, or (d) your violation of any third-party rights or any applicable laws. Bloom reserves the right, at your expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Bloom, at your expense, in asserting any available defences.

5. Suspension and Termination

   • We, in our sole discretion and without liability to us, reserve the right to cancel, terminate, restrict or suspend your access to the Services or to delete any registered Account and any information or user profile(s) related to such Account if we reasonably believe that you are or will be in violation of these Terms and Conditions and/or any applicable laws. Any such cancellation, termination, restriction, suspension or deletion is in addition to, and not in lieu of, any rights and remedies available to us under these Terms and Conditions or any applicable law. The agreement formed by your acceptance of these Terms and Conditions will continue to apply to and be binding upon you in respect of your prior use of the Services. For greater certainty, any indemnification, your payment obligations with respect to outstanding amounts, warranties, disclaimers, and limitations of liability under the Terms and Conditions remain in effect following any cancellation, termination, restriction, suspension or deletion along with those terms that by nature survive beyond any cancellation or termination, including, but not limited to, [Sections 2, 2.3, 3.1, 4.3, 4.4, 5, 9, 10, 11, 12, 13.2 and 14].

   • The above-described actions are not Bloom’s exclusive remedies and Bloom may take any other legal, equitable or technical action it deems appropriate in the circumstances. Bloom will not be liable for any damage caused by any cancellation, termination, restriction, suspension or deletion.

   • User: In addition to Bloom termination rights for cause under Section 13.2, Bloom may cancel a User’s Services upon no less than thirty (30) days’ (if a User is a resident of Québec, sixty (60) days’) advance written notice to such User. A User may cancel such User’s recurring Services by contacting us directly at hello@mybloomcare.com. Following any cancellation, however, a User will continue to have access to the Services through the end of such User’s current billing period.

6. General Provisions

   • These Terms and Conditions and the documents referred to in these Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and cancels and supersedes any prior understandings and agreements between the parties. There are no provisions, representations, undertakings, agreements, or collateral agreements between the parties other than as set out in these Terms and Conditions. The division of these Terms and Conditions into sections and subsections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of these Terms and Conditions. The failure of Bloom to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

   • These Terms and Conditions are governed by the laws of the Province of Ontario, Canada, without regard to conflict of laws provisions, and you agree to submit to the exclusive jurisdiction of the courts located in the Province of Ontario, Canada. The parties expressly agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act shall apply to these Terms and Conditions.

   • If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms and Conditions shall remain in effect.

   • It is the express will of the parties that these Terms and Conditions and all related documents have been drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

   • If you are residing in a jurisdiction which restricts the use of Services according to age, or which restricts the ability to enter into agreements such as these Terms and Conditions according to age and you are under such a jurisdiction and under such age limit, you may not enter into these Terms and Conditions and may not use the Services. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to use the Services or services of this type, you may not enter into these Terms and Conditions and you may not use the Services. By entering into these Terms and Conditions you explicitly state that you have verified in your own jurisdiction if your use of the Services is allowed.

   • You may not transfer or assign these Terms and Conditions or any rights or obligations hereunder, directly or indirectly, by operation of law or otherwise, without the prior written consent of Bloom and any such assignment shall be null and void from the beginning. We may assign these Terms and Conditions and all rights and/or obligations hereunder to any third party without notice for any purpose, including without limitation, collection of unpaid amounts, or in the event of an acquisition, corporate reorganization, merger or sale of substantially all of the party’s assets to another entity.

7. Contact

   • If you have any questions regarding these Terms and Conditions, or if you have any questions, complaints, claims or other legal concerns relating to Bloom or its business, please contact Bloom at:

             

              Bloom

              Kitchener, On

              Email: hello@mybloomcare.com