Terms & Conditions
TEND CHILDCARE
TERMS OF SERVICE
Last Updated: March 20, 2026
These terms of service (these “Terms”) constitute a legally binding agreement between you and Tend Childcare Services Inc. (“Tend,” “we,” “us” or “our”) governing your use of the Tend website at https://www.tendcare.ca/ (“Site”) and platform (“Platform”) (collectively, the “Services”).
By entering into these Terms and/or accessing or using the Services, you expressly acknowledge that you understand these Terms and accept all of its terms and conditions. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES.
1. The Platform
The Platform is a technology service that enables parents and guardians seeking childcare services (“Parents”) to connect with independent childcare providers (“Sitters”, collectively with the Parents, the “Users”, each a “User”) for the purpose of arranging childcare services. The Platform facilitates communication, scheduling, and payment processing between Parents and Sitters. Tend does not provide childcare services and is not a childcare provider. All childcare services advertised or provided through the Platform are offered independently by Sitters. Tend does not employ, retain, or supervise Sitters, and does not control or direct the manner in which childcare services are performed.
Any decision by a Parent to engage a Sitter, or by a Sitter to set and maintain availability through the Platform, is made at their sole discretion. Any agreement for childcare services is formed directly between the Parent and the Sitter, and Tend is not a party to such agreements. By using the Services, you acknowledge and agree that TEND IS NOT THE PROVIDER OR VENDOR OF ANY CHILDCARE SERVICES, AND IS NOT RESPONSIBLE FOR THE PERFORMANCE, QUALITY, SAFETY, LEGALITY, OR OUTCOMES OF ANY SERVICES PROVIDED BY SITTERS.
2. Privacy Policy and Additional Policies
We will collect some of your personal information when you create your User Account. All personal information collected, used or disclosed while providing the Services is governed by our Tend Privacy Policy located at www.tendcare.ca/privacy-policy (“Privacy Policy”). By using the Services, you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.
In addition, by using the Services, you agree to be bound by any additional policies or rules communicated through the Site and/or Platform, including, without limitation, any policies and guides referred to in the Terms. For example, we may post additional rules and policies that specifically relate to different Users and their use of the Services. You agree to comply with such rules and policies even if they are not identified in these Terms.
3. User Accounts; Registration Data; Account Security
Users can browse the Site without registering for an account; however access to the Platform is restricted to registered Users. In order to access functionality of the Platform, Users must create a User account (“User Account”). Upon registering a User Account, you agree to (a) provide accurate, current and complete information as may be prompted through online accounts you may have with third party service provider, such as Google, or by any registration forms on the Platform (“Registration Data”); (b) maintain and promptly update the Registration Data, and any other information you provide to the Platform, and to keep it accurate, current and complete; (c) maintain the security of your User Account and any login credentials or verification methods used to access it, including one-time passcodes or login links sent to your email address; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Platform.
You may not impersonate any other person while using the Services. Tend will not be liable for any loss or damage from your failure to comply with this obligation. You are responsible for all activity related to your User Account.
Access to and use of the Platform may vary depending on the type of User. Parents and Sitters will have access to different features of the Platform based on their User profile, including the ability for Parents to search for and book childcare services, and for Sitters to create profiles, set availability, and manage bookings. Bookings are made on an instant basis based on Sitter availability as indicated on the Platform. Following a booking, Sitters may be required to acknowledge receipt of the booking through the Platform. Sitters are expected to keep their availability accurate and to honour confirmed bookings; however, Sitters retain the ability to decline or cancel a booking where reasonably necessary.
Tend may require Sitters to represent that they hold certain qualifications or credentials, such as a Vulnerable Sector Police Check issued within a specified period (for example, within the past 24 months), and current CPR/First Aid certification. Sitters must complete identity verification, reference checks, interviews with Tend before they are listed on the Platform. However, any onboarding, screening, or verification conducted by Tend is limited in nature, may not be exhaustive, and does not constitute a guarantee of a Sitter’s identity, qualifications, reliability, or suitability. Tend does not guarantee, or warrant the accuracy, validity, completeness, or legality of any information, documentation, or credentials provided or posted by Sitters and any other Users on the Platform. Sitters are solely responsible for maintaining accurate, current, and valid information regarding their qualifications, experience, and credentials. Parents are responsible for independently assessing the suitability of any Sitter, including by requesting and reviewing any relevant documentation (such as certifications, background checks, or references) and asking any questions necessary to make an informed decision. You acknowledge that any reliance on information provided by other Users is at your own risk, and you are solely responsible for your use of, or reliance on, any such information.
4. Eligibility to use the Services
To access or use the Platform, you must be the age of majority in your jurisdiction of residence and capable of entering into a legally binding agreement under applicable law. The Platform is not intended for use by individuals under the age of majority. By accessing or using the Platform, you represent and warrant that you meet the eligibility requirements set out in this Section 4. Tend may suspend or terminate your access to the Platform if it becomes aware that you do not meet these requirements.
The Services are not available to Users who have had their User Account temporarily or permanently deactivated. In addition, to use the Services, you must have continued access to the internet. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply and you are responsible for such rates and fees.
5. Parent Responsibilities
As a Parent, you represent, warrant, and agree that:
You will provide accurate, current, and complete information regarding your child(ren), including any relevant medical conditions, allergies, behavioural considerations, care instructions, and emergency contact information, and you will promptly update such information as needed;
You are responsible for providing and maintaining a safe, secure, and appropriate environment for the provision of childcare services by the selected Sitter(s);
You acknowledge and understand that Sitters are independent service providers and are not employees, agents, or representatives of Tend;
You will communicate all relevant care requirements, expectations, and instructions to the selected Sitter prior to confirming a booking and as otherwise necessary;
You will comply with all applicable booking, cancellation, and payment terms disclosed to you prior to confirming a booking, as such policies may be updated by Tend from time to time with notice to Users;
In the event of an emergency and where you cannot be reached after reasonable efforts, you authorize the Sitter to seek appropriate medical assistance for your child(ren), provided that such actions are taken in good faith and in your child’s or children’s best interests;
You are solely responsible for assessing the suitability of any Sitter and for supervising any ongoing arrangement as you deem appropriate;
You acknowledge and agree that Tend does not guarantee the availability of childcare services for any specific time, duration, or requirement, and all bookings are subject to Sitter availability as indicated on the Platform, and may still be declined or cancelled by the Sitter where reasonably necessary; and
You also acknowledge and agree that any information made available through the Platform, including Sitter profiles, experience, or feedback, is provided for informational purposes only and does not constitute an endorsement or recommendation by Tend.
6. Sitter Responsibilities
As a Sitter, you represent, warrant, and agree that:
You acknowledge and agree that, as a Sitter, you are an independent service provider and not an employee, agent, or representative of Tend. Nothing in these Terms creates any employment, partnership, joint venture, or agency relationship between you and Tend. You will not misrepresent your relationship with Tend or the nature of the Platform, and will not represent Tend as providing childcare services;
You retain full control over when and whether you make yourself available for bookings through the Platform, including by setting your own availability and service preferences. Tend does not assign work, require minimum hours, or guarantee any volume of bookings;
You determine how you provide childcare services, subject to any requirements agreed directly with the Parent. Tend does not supervise, direct, or control the manner or means by which you perform services;
You acknowledge that the provision of childcare services occurs directly between the Sitter and the Parent, and Tend’s role is limited to providing the Platform that facilitates booking, communication, and payment;
You acknowledge that Tend may require certain onboarding steps or documentation; however, you remain solely responsible for the accuracy and validity of all information and credentials you provide;
You will provide accurate, current, and complete information regarding your qualifications, experience, availability, and credentials, and will promptly update such information to ensure it remains accurate and not misleading;
You are solely responsible for maintaining any credentials you represent as holding, including, where applicable, a Vulnerable Sector Police Check issued within the past 24 months (or such other period as specified by Tend from time to time) and current CPR/First Aid certification, and for ensuring that such credentials remain valid and up to date;
You are responsible for setting and maintaining accurate availability, rates, and service preferences on the Platform. Bookings are made on an instant basis based on your stated availability. You are expected to honour confirmed bookings; however, you retain the ability to decline or cancel a booking where reasonably necessary;
You will comply with all applicable federal, provincial, and municipal laws and regulations in connection with your use of the Platform and the provision of childcare services;
You will conduct yourself in a professional, safe, and lawful manner when providing services, and are solely responsible for your acts, omissions, and the manner in which you perform childcare services;
You will not engage in any fraudulent, misleading, or unlawful conduct on or through the Platform;
You acknowledge and agree that Tend reserves the right to suspend or terminate your User Account where such conduct is suspected, or we receive complaints from any Parent;
You are solely responsible for determining whether to obtain and maintain any applicable insurance coverage relating to the childcare services you provide, and for ensuring that such coverage is appropriate for your activities;
You are free to provide childcare services independently of the Platform and to other clients, and nothing in these Terms restricts your ability to do so;
You have no authority to bind Tend, enter into agreements on behalf of Tend, or represent yourself as acting on behalf of Tend; and
You are solely responsible for reporting and remitting any applicable taxes arising from payments you receive in connection with services arranged through the Platform. Tend is not responsible for withholding, collecting, or remitting any such taxes on your behalf.
7. Transportation and Car Seats
Parents may request transportation as part of childcare services arranged through the Platform. Sitters retain sole discretion to offer or decline any transportation-related request. Where a Sitter agrees to provide transportation, the Sitter represents, warrants, and agrees that they are solely responsible for ensuring that they:
hold a valid and appropriate driver’s licence;
maintain all legally required insurance coverage; and
operate any vehicle in a safe and lawful manner in compliance with all applicable laws and regulations.
Tend does not independently verify, endorse, or guarantee any Sitter’s driving credentials, insurance coverage, vehicle condition, or driving history. Parents may indicate whether transportation requires the use of a car seat and may specify the type of car seat requested (for example, infant, convertible, or booster). Car seats may be provided by either the Parent or the Sitter, as agreed between them. Parents are solely responsible for determining whether any car seat used is appropriate for their child’s age, height, and weight, and for providing any necessary instructions regarding its proper use and installation.
Sitters who provide or install a car seat do so independently and at their own discretion. Tend does not verify, supervise, control, or make any representations regarding the suitability, condition, installation, or legal compliance of any vehicle, car seat, or related equipment used in connection with transportation. Tend is not responsible for, and disclaims all liability arising from, any transportation services provided by Sitters.
8. Safety, Incidents, and Reporting
Tend may provide tools or mechanisms that enable Users to report non-emergency concerns, complaints, or incidents arising from bookings or interactions on the Platform. In any situation involving immediate risk, danger, or potential harm, Users must contact appropriate emergency services before notifying Tend. Users agree to promptly report any safety concerns or incidents and to cooperate fully and in good faith with any review, investigation, or inquiry conducted by Tend in relation to such reports. Tend reserves the right, in its sole discretion and acting reasonably, to take any action it deems appropriate in response to reported concerns, including issuing warnings, suspending or terminating User Accounts, or restricting access to the Platform. Tend does not guarantee any particular outcome in relation to reported incidents and is not responsible for resolving disputes between users.
9. Fees and Payments
Access to the Platform is provided to Users without any subscription or membership fees. Parents may book childcare services through the Platform and agree to pay the Sitter for such services at the rates set by the Sitter on the respective Sitter’s profile on the Platform. The total cost of a booking will be based on the Sitter’s listed hourly rate and the duration of care requested. Tend charges a platform fee equal to a percentage of booking amounts, which is deducted from sitter payouts in accordance with the platform’s standard fee structure. Additional service fees may apply per booking, as specifically described during the booking confirmation process. Tend reserves the right to update its service fees from time to time in accordance with applicable laws. Additional fees may apply to certain bookings, including same-day bookings, and will be clearly disclosed to the Parent prior to booking confirmation.
All applicable fees, including the total booking cost payable to the Sitter, will be presented to the Parent prior to confirming a booking. By confirming a booking, the Parent agrees to pay the amount disclosed. Payments are processed through the Platform using third-party payment service providers, including Stripe. Sitters are required to create and maintain a connected account through Stripe Connect in order to receive payments. By using the Platform to make or receive payments, you agree to comply with and be bound by the terms and conditions of such third-party providers, as may be updated from time to time. Tend uses such third party payment providers to facilitate payments on behalf of Sitters and act as a limited payment collection agent. Payment by a Parent through the Platform is deemed to be payment made directly to the applicable Sitter for the booked services.
Tend does not store full payment card information and is not responsible for the services provided by any third-party payment processor, including any errors, delays, or failures in processing payments. Payout timing to Sitters is determined by the applicable third-party payment provider and may be subject to processing times outside of Tend’s control. Tend may change or replace its third-party payment providers at any time, in its discretion and without prior notice. Tend is not responsible for the provision of childcare services or for any disputes between Parents and Sitters relating to services or payment, subject to any rights you may have under applicable law.
Cancellation of bookings and refunds are subject to Tend’s Payment and Cancellation Policy at https://www.tendcare.ca/cancellation-policy as updated from time to time. Cancellation fees, eligibility for refunds, and applicable timelines will be disclosed to Parents prior to booking, and Parents are responsible for reviewing such terms before confirming any booking.
Parents may be eligible to receive credits or rewards in connection with bookings made through the Platform, in accordance with Tend’s Rewards Policy available at www.tendcare.ca/tend-rewards. Any credits or rewards have no cash value, are non-transferable, and may be subject to expiry dates, conditions, or limitations as set out in the applicable Rewards Policy. Tend reserves the right to modify or discontinue any rewards or credit program at any time, acting reasonably and with notice where required by applicable law.
Sitters are solely responsible for determining, collecting, reporting, and remitting any applicable taxes arising from payments received for childcare services. Tend is not responsible for withholding or remitting taxes on behalf of Sitters.
Users are responsible for all taxes applicable to any fees payable through the Platform and any other charges in any applicable jurisdiction. Tend may charge applicable taxes, including HST, on any platform fees or services provided by Tend. Such taxes may be included in, or applied to, Tend’s platform fees, as disclosed through the Platform. If you don’t agree to any fees implemented by Tend, you must terminate your use of the Services. Your continued use of the Services shall be deemed as agreement to any fees imposed by Tend for the use of the Services or any additional offerings made available through the Platform.
10. Ownership, Copyright and Trademarks
Content provided by Users is called “User Content”. User Content is the property of its respective owners (e.g. the User that inputted it). User Content on the Platform may include profile information, availability, booking details, care notes, communication between Users, reviews, and other information submitted by a User to the Services.
Tend’s only right to use that User Content is the limited licenses granted in these Terms. Those licenses are described in Section 12 of these Terms.
Other than User Content, the Services, the Platform, the Site and any other software used to create and operate the Services is the property of Tend or its licensors, and is protected by Canadian and international copyright laws, and all rights to Services, such content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners.
Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content submitted through the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you submit through the Services.
11. License to Use the Services, License Restrictions and Restricted Activities
Tend grants to you a revocable, non-exclusive, non-sublicensable license to use the Platform, Site and Services, access the Services and to view the Content available to you through the Services (“License”).
Other than as expressly permitted in these Terms, the Content and the License are subject to the following restrictions and account terms:
The Services are for your use only. You may not resell, lease or provide them in any other way to anyone else, except as permitted through the Platform or Site;
You may not make or distribute copies of the Platform or Site;
You may not alter, merge or translate the Platform or Site, or decompile, reverse engineer, disassemble, or otherwise reduce the Platform or Site to a human-perceivable form;
You may not modify or create derivative works based on the Platform, Site or the Content;
You may not remove or modify any copyright, trademark or other proprietary notices that have been placed in the Content;
You may not otherwise use the Platform, Site, Services or the Content other than for its intended purpose.
You may not (i) impersonate any person or entity; (ii) stalk, threaten, or otherwise harass any person, or carry any weapons;
Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your User account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws;
Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The licenses in this Section are revocable by Tend at any time;
Your use of the Platform, Site, Services and Content must not infringe or violate the rights of any other party, breach any contract or legal duty to any other parties or violate any applicable law.
You may not provide information or act in a manner that is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, hateful or illegal;
You may not (i) index, scrape “data mine”, survey or in any way reproduce or circumvent the navigational structure or presentation of the Services or the Content; (ii) link directly or indirectly to any other websites, applications or services; and
You may not transfer or sell your User Account, password and/or identification to any other party.
12. Your Limited License of Your User Content to Tend
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Platform and provide the Services, now and in the future. For example, if you post any available professional services or any request for such services, we need your license to display that User Content on the Services, and we need the right to sublicense that User Content to our other Users so that they can view that User Content.
Therefore, by posting or distributing User Content to or through the Services, you (a) grant Tend and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate and create derivative works from such User Content, in the manner in and for the purposes which the Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content, or otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms (including the Restrictions described Section 10).
If your User Content is intended for the use of other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Services, as described in this Section.
These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Services. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services.
13. User Content Guidelines, Reviews and Specials Guidelines
The Services may permit Users to upload or input User Content, including profile information, booking details, and ratings and reviews of other Users or their services. The Platform is a private, account-based service, and User Content is not publicly accessible outside of the Platform. However, certain User Content, including Sitter profiles and related information, may be visible to other Users, and, in some cases, to the public to support discovery of services.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following (“User Content Guidelines”):
Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, racist, prejudiced, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable in the sole opinion of Tend;
Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, provincial, state, national or international law;
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Content that is intended to advertise the Services of another person;
Private information of any third party, including without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use;
Viruses, corrupted data or other harmful, disruptive or destructive files; or
Content that is unrelated to the use of the Services.
Reviews form an important part of maintaining a trusted and high-quality community on tend. Following the completion of a booking, both Parents and Sitters are required to submit a review through the Services, and such reviews must comply with the following (“Review Guidelines”):
Reviews must be based on the User’s genuine, first-hand experience of the completed booking;
Reviews must be fair, reasonable, and submitted in good faith;
Reviews must be legal and must not infringe the rights of any party;
Reviews must comply with the User Content Guidelines above;
Reviews must not include personal or identifying information about minors (under the age of 18);
Reviews must be written in English or other available languages on the Platform, as specified by Tend; and
Reviews may not be of a commercial nature (including the posting of any web addresses, links, HTML or other coding or promotional items).
Reviews are submitted independently by each User and are not made visible to the other party until both Users have submitted their review or a reasonable period of time has elapsed, as determined by Tend.
Reviews submitted through the Service are the sole, subjective opinion of the Users who posted them. Tend does not endorse any of the reviews posted on the Services and reserves the right to review and/or delete a review for any reason, including, but not limited to a contravention of this Section.
If you believe that a review was written in a manner that contravenes these Terms, you may request a removal of such review through the Platform.
Any use of the Services or portions of the Services in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use the Services.
14. Security of the Services
To ensure reliability and to protect the User Content, we use high grade hosting services and security technologies that we believe will provide you with a secure and safe environment. For example, Tend uses commercially reasonable technical and organizational measures, including industry-standard encryption technologies, to help protect Content and information transmitted through the Services.
However, no system is perfectly secure or reliable. The internet is an inherently insecure medium, and the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured. When you use the Services, you accept these risks and the responsibility for choosing to use a technology that cannot guarantee complete security and reliability.
15. Third Party/Open-Source Software
The Platform may contain and/or may connect to third party software and/or open-source software, which may be subject to third party licenses and require notices and/or additional terms and conditions (“Third Party Licenses”). These Third-Party Licenses are made a part of and incorporated into these Terms. By accepting these Terms, you are also accepting the Third-Party Licenses, if any. Third Party Licenses may be viewed through the Platform.
16. Warranty Disclaimer
The Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, Tend makes no representations, warranties, or conditions of any kind, whether express, implied, statutory, or otherwise, including without limitation any implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, or that the Services will meet your requirements or expectations.
Without limiting the foregoing, Tend does not represent or warrant that: (i) the Services or any content made available through the Platform will be accurate, complete, reliable, current, secure, uninterrupted, or error-free; (ii) any defects or errors will be corrected; (iii) the Platform will be available at any particular time or location; or (iv) any information provided through the Platform will be free from omissions or inaccuracies.
Tend is a technology platform that facilitates connections between Parents and Sitters and does not provide childcare services. Tend does not endorse, guarantee, or make any representations regarding the quality, suitability, safety, reliability, qualifications, credentials, or conduct of any Sitter or other user.
While Tend may implement certain onboarding, screening, or verification processes (including identity verification, reference checks, interviews, or the collection of background checks or certifications), such processes are limited in scope, may not be exhaustive, and do not constitute a guarantee of any user’s suitability, reliability, or fitness to provide childcare services. Tend does not warrant that any such processes will identify all risks or concerns.
Any profiles, credentials, availability information, reviews, ratings, or other content made available through the Platform are provided for informational purposes only and do not constitute an endorsement, recommendation, or guarantee by Tend. Availability and matching results are based on user-provided information and may change at any time.
Tend does not guarantee: (a) the availability of any Sitter for any requested time, duration, or location; (b) that any Sitter will be available, booked, or able to fulfill a booking at any given time; (c) the outcome, quality, or safety of any childcare services; or (d) compatibility between Parents and Sitters.
You acknowledge and agree that any decision to engage a Sitter, any reliance on information provided through the Platform, and any use of the Services is at your own discretion and risk.
To the fullest extent permitted by applicable law, you assume all risks arising from your use of the Services and from your interactions, communications, or arrangements with other users. Nothing in these Terms excludes or limits any rights or remedies that cannot be excluded under applicable LAWS.
17. Limitation of Liability; Indemnity
You waive and shall not assert any claims or allegations of any nature whatsoever against Tend, its affiliates or subsidiaries, their shareholders, directors, officers, employees, contractors, agents, vendors, partners, and/or any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Platform, Site, Services, or the Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of the Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Services. You use the Platform, Site and Services at your own risk.
Without limiting the foregoing, and to the maximum extent permitted by applicable law, neither Tend nor any other Released Party shall be liable for any direct, special, indirect, incidental, or consequential damages, or any other damages of any kind, including without limitation loss of use, loss of profits, loss of data, or personal injury, illness, or death, whether in an action in contract, tort (including negligence), or otherwise, arising out of or in any way connected with the use of the Platform, Site, Services, or the Content, and/or the services provided by Sitters. This includes, without limitation, any damages arising from or relating to: (i) your reliance on the Services or any information obtained from Tend or other users; (ii) the acts or omissions of any user, including Sitters or Parents; (iii) the provision of childcare services arranged through the Platform; or (iv) any mistakes, errors, omissions, interruptions, deletion of User Content or other data, defects, viruses, delays in operation or transmission, or failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to records, programs, or services. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
To the extent permitted under applicable law, in no event shall the aggregate liability of Tend, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Platform, Site or the Services exceed any amount paid by you for access to the Services during the three months prior to the date of any claim, if any, or C$500, whichever is lower.
You agree to defend, indemnify, and hold harmless Tend and the other Released Parties from and against any and all losses, damages, liabilities, costs, expenses (including reasonable legal fees), claims, and proceedings arising out of or relating to: (a) your use of the Services; (b) the use of the Services by any person to whom you provide access to your account; (c) Tend’s use of your User Content; or (d) your breach of these Terms or violation of any applicable law or the rights of any third party. Without limiting the foregoing, this includes any claims, damages, or liabilities arising out of or relating to: (i) the provision or receipt of childcare services arranged through the Platform; (ii) any injury, illness, or death of a child or any other person; or (iii) the acts or omissions of you or any user with whom you interact through the Platform. This indemnity obligation applies to the maximum extent permitted by applicable law.
18. Termination/Modification of License and Site Offerings
Notwithstanding any provision of these Terms, Tend reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Services or Content; (c) change, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services or Content.
Tend reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Services, at any time and in its sole discretion. If we do so, we will notify you at the e-mail address you provide in your Registration Data, if any, and we will post a notice on the Platform visible to you the next time you access the Services. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Platform, and your continued use of the Services after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Services. If you have any questions about the Terms, please email us at the contact address below.
19. Communications
By creating a User Account, you agree to receive certain communications from Tend. For example, you will receive notifications, our newsletter and other promotional e-mails. You can opt-out of non-essential communications. Notices that we give you (other than notice of amendment of these Terms, which is discussed in Section18 above) may be provided in any of the following ways. First, we may email you at the contact information you provide in your Registration Data, if any. Second, we may post a notice to you in the Notifications area of the Services. Third, we may post the notice elsewhere on the Platform. When we post notices on the Platform, we post them in the area of the Platform suitable to the notice. It is your responsibility to periodically review the Platform for notices.
20. Feedback and Suggestions
If you provide Tend with any feedback, suggestions, or ideas regarding the Services (“Feedback”), you agree that Tend may use, reproduce, and incorporate such Feedback into the Services without restriction and without obligation, acknowledgement, or compensation to you.
You acknowledge that providing Feedback is voluntary, and Tend is not required to implement or respond to any Feedback.
21. Applicable Law and Venue
The Services are controlled by Tend Childcare Services Inc. and operated by it from its offices in Toronto, Ontario. You and Tend both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and Tend explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to (a) these Terms; (b) the Services or Content; (c) oral or written statements relating to these Terms or to the Services; or (d) the relationships that result from these Terms or the Services or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Except to the extent restricted by applicable law, if the Claim is not resolved after twenty (20) business days of a person serving notice on the other party that there is a Claim, you and us agree that the Claim will be finally resolved by confidential arbitration before a single arbitrator in accordance with the Arbitration Rules of the ADR Institute of Canada, Inc. The seat of the arbitration will be Ontario or wherever convenient or necessary acting reasonably. There will be no appeals of any kind. The language of the arbitration will be English unless otherwise required by applicable law or agreed to by you and us. Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Tend related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Tend.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Services from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Tend and the other Released Parties for your failure to comply with any such laws.
22. Termination of Agreement
You and Tend may terminate these Terms and your use of the Services at any time. When you terminate these Terms, you must cease using the Services immediately. When your account is terminated, any User Content you have uploaded to the Services may remain on the Services. The license you grant to us in Section 12 therefore survives the termination of this Agreement. In addition, we may retain an archival copy of your User Content after termination, and you therefore hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.
If these Terms expire or terminate for any reason, Sections 10, 11, 12, 16, 17, 18, 20, 21 and 22, and any representation or warranty you make in these Terms, shall also survive indefinitely.
23. Miscellaneous
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Tend may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Tend, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Tend regarding your use of the Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Tend regarding your use of the Services. The parties confirm that it is their wish that these Terms, as well as any other documents relating to these Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
24. Questions and Comments
If you have any questions regarding these Terms or your use of the Services, please contact us here:
Tend Childcare Services Inc.