TERMS AND CONDITIONS
Effective date: April 5, 2017
THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THEM CAREFULLY BEFORE USING THE PLATFORM SERVICES.
These terms and conditions (“Terms and Conditions”) form a legal agreement between you and 2535697 Ontario Inc., carrying on business as Bloom Health Solutions (“Bloom”) and set forth the terms and conditions of your use of the Platform 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 Platform Services through your registered Account, including each PSW (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.
BY ACCESSING AND/OR USING THE PLATFORM 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 PLATFORM SERVICES.
If you have any questions or concerns about these Terms and Conditions, please contact us at email@example.com.
- In these Terms and Conditions, in addition to the terms defined elsewhere in these Terms and Conditions, the following terms have the following meanings:
- “PSW” means a personal support worker, social worker, caregiver, home care aide or similar professional that is authorized to deliver PSW Services via the Platform Services.
- “PSW Services” means [the delivery of physical support and assistance or similar services offered by PSWs 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 PSW Services. The provision of PSW Services is facilitated by Bloom via the Platform Services.
- “Platform Services” means the online features and functionality offered under the ‘Bloom Health Solutions’ brand, or any replacement or supplemental brand, from time to time, provided via Bloom’s digital technology platform and accessible via the Software that, amongst other things, (i) connects PSWs who are available to deliver PSW Services to Users seeking to receive PSW Services, (ii) facilitates such PSWs to arrange to deliver PSW Services to such Users, and (iii) provides an online platform for PSWs and Users to interact.
- “Software” means the Bloom software application that a User can use on a computer or supported mobile device in order to access and use the Platform Services; the Software may be downloaded or accessed on the Internet.
- “User” means any person using the Platform Services other than a PSW or Health Care Professional finding work through the platform.
- “Website” means Bloom’s website available at joinbloom.com and all other websites owned and operated by Bloom that redirect to www.joinbloom.com and all subdomains of www.joinbloom.com.
- In these Terms and Conditions, in addition to the terms defined elsewhere in these Terms and Conditions, the following terms have the following meanings:
- Scope of these Terms and Conditions; Modification of these Terms and Conditions
- With respect to Platform Services, Bloom provides a digital technology platform that (i) connects PSWs who are available to deliver PSW Services to Users seeking to receive PSW Services, and (ii) facilitates such PSWs in providing PSW Services to such Users through appointment scheduling and booking services. Platform Services are accessible via the Website, the Software and any other websites or applications from which Bloom may make Platform Services available.
- These Terms and Conditions apply to PSW and User access, use and subscription to Platform Services via the Software. The Platform Services are not directed to children under age 18. 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 Platform Services and the PSW Services. In order to use most aspects of the Platform Services, you must register for and maintain an active personal account (“Account”).
- 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 Platform 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 Platform Services at any time if changes to these Terms and Conditions are not acceptable to you; however, payments made for Subscription Services (as defined below) are non-refundable, as well as services rendered from a PSW 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 Platform 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 Platform 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 keep your Account 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.
- Platform Services
- PSW Services are accessed via the Platform Services. The Platform Services are made available solely for your personal use.
- The Platform Services are designed and intended for adult usage. [A User should consult his/her physician before engaging in any PSW Services facilitated by the Platform Services to determine whether they are necessary or appropriate for him/her.]By using the Platform 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.
- THE SOFTWARE AND THE PLATFORM SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH PSWS MAY ARRANGE TO DELIVER PSW SERVICES AND USERS MAY ARRANGE TO RECEIVE PSW SERVICES DIRECTLY FROM PSWS. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT: (A) BLOOM DOES NOT PROVIDE ANY PSW SERVICES AND THAT ANY AND ALL PSW SERVICES ARE DELIVERED BY PSWS, WHO ARE INDEPENDENT THIRD PARTIES THAT ARE NOT EMPLOYED BY BLOOM OR ANY OF ITS AFFILIATES; AND (B) BLOOM HAS NO CONTROL OVER THE CONDUCT OF PSWS OR ANY PSW SERVICES PROVIDED BY PSWS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- 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 Platform Services, or any portion of the Platform Services; or (b) interrupt the regular operation of the Platform Services, or any portion of the Platform Services, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the Platform Services. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform Services or any part thereof.
- PSW Services
- User: [You may book PSW Services through the Website or using the Software. Each booking will require details of the type and scope of PSW services needed, the requested date and time of the PSW Services, the location at which the PSW Services will be performed and the cost of the PSW Services.] After the PSW has arrived at your home/premises, the PSW will be solely responsible for delivering the PSW Services. [If necessary, you may be presented with other contractual terms between you and the PSW that you will be asked to approve. If you do not approve, the PSW may not perform the PSW Services. ]
- PSWs are not employees, service providers or independent contractors of Bloom. Accordingly, PSW Services offered to a User by a particular PSW 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. Each PSW agrees that Bloom will not be liable to him/her or to any third party for any cancellation, postponement or termination of the PSW Services by a User, at any time, for any reason, with or without notice to such PSW.
You understand and acknowledge that the contract for the PSW Services is between you and the PSW only. While Bloom facilitates the provision of PSW Services through the Platform Services, Website and Software, Bloom is in no way responsible for the delivery of the PSW Services.
- [You agree that booked PSW Services may be cancelled by the User without incurring any fees or penalties up to 24 hours before the time that the PSW has commenced travel to the where the PSW Services are to be performed. If a User wishes to cancel after the PSW arrives at the premises but before the PSW begins to deliver the PSW 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 PSW Services. Once the PSW begins to perform the PSW Services, if a User cancel the PSW 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 PSW Services from a PSW, Bloom is required to disclose certain personal information that we collect from you to such PSW 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 Platform Services, and (ii) our disclosure of certain of your personal information to PSWs for the purposes of enabling them to provide you with PSW Services. PLEASE NOTE THAT WHILE SUCH PSWS ARE CONTRACTUALLY BOUND TO PROTECT YOUR PERSONAL INFORMATION, BLOOM DOES NOT CONTROL PSWS. 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 PSWS.
- PSW: You acknowledge and agree that in order for you to deliver PSW 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 Platform 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 PSW 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.
- 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 PSW 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 PSW SERVICES OR AN INABILITY TO ACCESS OR USE THE PSW SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN A USER AND A PSW 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 PLATFORM SERVICES OR PSW SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
- PSW: 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 PSW Services which you are offering via the Website and the Platform Services, that you are currently in good standing and that your performance of the PSW 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 book PSW Services, you agree that: (a) you have the right to grant the PSW access to the premises to perform the PSW Services; and (b) there will be a representative who is 18 years or older present at all times while the PSW Services are being performed. If your address at which the PSW Services will be performed is subject to any easements, covenants, or other legal encumbrances that could affect the completion of the PSW Services, you agree to advise the PSW. You are responsible for ensuring that areas where the PSW 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 PSW Services will be performed.
- User: Any opinions, advice, or information expressed by a PSW are of that PSW and such PSW alone. They do not reflect the opinions of Bloom. Bloom does not recommend nor endorse any specific PSWs, nor do we recommend or endorse any information or materials that may be provided to you by a PSW, including, but not limited to, as part PSW 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 PSWs. Reliance on any such service, information, recommendations or other materials provided by any PSW is solely at your own risk. AS BETWEEN YOU AND BLOOM, SUCH INFORMATION AND ALL PSW 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: PSW Services are delivered by a PSW. PSW Services are not intended to be a substitute for the services of trained medical professionals. Prior to participating in any PSW 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 PSW 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 PSW, USER OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON INFORMATION ABOUT OR FROM ANY PSW OR USER, IN CONNECTION WITH ANY PSW SERVICES, ANY INTERACTIONS BETWEEN PSWS AND USERS OR OTHERWISE IN CONNECTION WITH ANY INFORMATION OR MATERIALS PROVIDED, MADE AVAILABLE OR FAILED TO BE PROVIDED OR MADE AVAILABLE BY A PSW OR A USER IN CONNECTION WITH THE PSW SERVICES OR THE PLATFORM 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.
- Fees for Services and Payments
- As part of facilitating the provision and receipt of PSW Services, Users purchase access to PSW Services via the Platform Services on a transactional basis. Bloom will collect applicable fees on behalf of Users and remit such amounts, less an agreed service fee, to PSWs (the “Service Fee”). No further fees, expenses or any other amounts are due from Users to PSWs.
- [Subscriptions to fee-based recurring PSW Services (“Subscription Services”) can be purchased by paying the applicable subscription fee for a subscription period selected by the User. More information regarding Subscription Services, subscription periods and fees are available through the Platform Services. Users agree to pay all applicable fees in connection with the Platform Services selected.
- 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 Subscription Services or pay subscription fees.
- Subject to applicable law, when Users subscribe for Subscription Services: (a) Users are committing to subscribe for such Subscription Services for the entire subscription period selected; (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 PERIODS (following any cancellation, however, you will continue to have access to the Subscription Services through the end of your current subscription period); and (c) a User’s payment for Subscription Services will AUTOMATICALLY RENEW at the end of the applicable subscription period, unless such User chooses to cancel and not renew his/her Subscription Services before the end of the current subscription period.]
- User: Bloom may change the price for the Subscription Services from time to time, upon notice to Users, which notice may be provided by means of updates on the Platform Services. Price changes for Subscription 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 Subscription 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 unsubscribing from the Subscription Services prior to the price change taking effect through the Platform Services or by contacting firstname.lastname@example.org. Users are therefore advised to read any such notification of price changes carefully.
- PSW: Bloom may change the Service Fee charged to PSWs from time to time, upon notice to PSWs, which notice may be provided by means of updates on the Platform Services. Service Fee changes will take effect at the start of the next billing period following the date of the Service Fee change. PSWs shall accept the new Service Fee by continuing to use the Platform Services after the Service Fee change takes effect. If a PSW does not agree with the Service Fee change, such PSW has the right to reject the change by unsubscribing from the Platform Services prior to the Service Fee change taking effect. PSWs are therefore advised to read any notification of Service Fee changes carefully.
- User: A User may choose to cancel and not renew such User’s Subscription Services for the next applicable transactional period at any time online through the Platform Services or by contacting us directly at email@example.com. Following any cancellation, however, such User will continue to have access to the Subscription Services through the end of such User’s current billing period. Notwithstanding the generality of Section 1, we may cancel a User’s access to Subscription 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 Subscription Services of any User deemed by us to be in breach of these Terms and Conditions.
- PSW: A PSW may choose to cancel such PSW’s access to the Platform Services at any time online through the Platform Services or by contacting us directly at firstname.lastname@example.org. Notwithstanding the generality of Section 13.1, we may cancel a PSW’s access to the Platform 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 Service Fees accrued through that effective date of termination. Each PSW must comply with all of the terms and conditions of these Terms and Conditions.
- User: We will bill all fees for a User’s Subscription 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 Subscription 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 Subscription 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 PSW’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 Subscription Services subscription period on the first day following the end of the trial for the full subscription, on a recurring basis that is based on the subscription 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 Subscription Services subscription or terminate such User’s Account before the end of the trial. Please see section 6.5 for how to cancel. Subscription Services cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these Terms and Conditions, we will not refund any fees that have already been paid.
- PSW Pre Screening Procedures and Disclaimers
- Bloom uses the following criteria as part of its registration process (“registration”) for new PSWs applying to join our network:
- Identity Verification (Passport and Social Security Number) – Bloom requires each PSW to provide a copy of their passport and Social Security Number to Bloom in order to verify that PSW’s identity;
- Copy of updated resume
- PSW certificate or relevant certificate (For out of country Nursing Degrees, please provide your foreign certificate)
- Copy of CPR and First Aid Certificates
- Copy of Vulnerable Police Screen (within 1 year)
- Copy of Immunization Record (including TB Test – within 1 year)
- Two relevant work references (preferably employers, supervisors, or preceptors – no friends or relatives)
- SIN Card
- Copy of Banking Information (Void Check)
- Proof of Completion of the Ministry of Labour “Worker Health and Safety Awareness in 4 Steps” Certificate. if you don’t have the certificate yet, please check the link below:
- Bloom uses the following criteria as part of its registration process (“registration”) for new PSWs applying to join our network:
http://www.labour.gov.on.ca/english/hs/elearn/worker/index.php (The test will take approximately 30 – 45 minutes)
- 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 PSW to provide the PSW Services in accordance with the above criteria set out above, Bloom makes no guarantee as to the quality of the PSW Service which will be delivered by a PSW to a User.
THE ABOVE SCREENING IS PERFORMED BASED UPON INFORMATION PROVIDED TO BLOOM BY THE PSW (E.G. COPY PASSPORT, SOCIAL SECURITY NUMBER).
BLOOM PERFORMS SCREENING SOLELY AT THE TIME THE PSW APPLIES TO REGISTER FOR THE BLOOM PLATFORM SERVICES AND THEREFORE A PSW’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 PSW’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.
- In order to use the Platform 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 Platform Services or your delivery or receipt of PSW 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 PSWs or Users (as the case may be) through any means other than through the Platform Services;
- provide any false or misleading information to Bloom, any PSW or any User (as the case may be);
- interact or otherwise engage with any PSW 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 PSW or a User (as the case may be).
- Intellectual Property Rights
- You acknowledge that the Platform 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 Platform Services. Your only rights to the Platform 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.
- Disclaimer of Warranties
- YOUR USE OF THE PLATFORM SERVICES AND ALL PSW SERVICES ARE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE PLATFORM SERVICES, PSW 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 PLATFORM SERVICES, PSW SERVICES OR ANY INFORMATION OR MATERIALS IN CONNECTION THEREWITH. BLOOM DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE PLATFORM SERVICES, PSW SERVICES, SOFTWARE OR WEBSITE NOR DOES IT GUARANTEE THAT A PSW WILL BECOME ENGAGED BY A USER FOLLOWING USE OF THE PLATFORM SERVICES, PSW SERVICES, SOFTWARE OR WEBSITE NOR THE QUALITY OF THE PSW SERVICES PROVIDED TO THE USER. IN ADDITION, WE DO NOT WARRANT THAT THE PLATFORM 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 PLATFORM SERVICES, PSW 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.
- Limitation of Liability
- You understand and agree that Bloom itself does not deliver the PSW Services. The PSWs made available through the Platform Services are not employees of Bloom. It is up to the PSWs to deliver the PSW Services, which may be requested through the use of the Website and/or the Software. Bloom only acts as intermediary to facilitate the transaction between the User and the PSW. The provision of the PSW Services by the PSW is subject to the contract to be entered into between the User and the PSW (not Bloom). BLOOM DOES NOT HAVE CONTROL OVER THE QUALITY, TIMING, OR ANY OTHER ASPECT WHATSOEVER OF ANY PSW SERVICES AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE PSW SERVICES OR THE CONDUCT OR ACTIVITIES OF THE PSW.
- ACCORDINGLY, EXCEPT AS OTHERWISE SET FORTH HEREIN EACH USER AND PSW UNDERSTANDS AND ACKNOWLEDGES THAT THE SOLE RECOURSE WITH RESPECT TO THE PSW SERVICES IS AGAINST THE PSW 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 PLATFORM SERVICES, PSW SERVICES OR ANY INFORMATION OR MATERIALS IN CONNECTION OR ASSOCIATION THEREWITH; OR (B) ANY OTHER MATTER RELATING TO THE PLATFORM SERVICES, PSW 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 PLATFORM SERVICES, PSW SERVICES OR ANY INFORMATION OR MATERIALS IN CONNECTION OR ASSOCIATED THEREWITH; OR (B) ANY OTHER MATTER RELATING TO THE PLATFORM SERVICES, PSW 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 PLATFORM SERVICES, PSW SERVICES, ANY INFORMATION OR MATERIALS IN CONNECTION OR ASSOCIATION THEREWITH OR OTHERWISE UNDER THESE TERMS AND CONDITIONS EXCEED THE LESSER OF: (1) THE SUBSCRIPTION FEE AMOUNTS OR SERVICE FEE PAID BY YOU IN THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO ANY CLAIM OR DAMAGES, AND (2) 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 Platform 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.
- 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 Platform Services, (b) your performance of the PSW 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.
- 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 Platform Services or to delete your 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 Platform 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 subscription to the Subscription 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 subscription to the Subscription Services online through the Platform Services or by contacting us directly at email@example.com. Following any cancellation, however, a User will continue to have access to the Subscription Services through the end of such User’s current billing period.
- 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 internet-based applications 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 Platform Services or the Software. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to use the Platform Services or services of this type, you may not enter into these Terms and Conditions and you may not use the Platform Services or the Software. By entering into these Terms and Conditions you explicitly state that you have verified in your own jurisdiction if your use of the Software and the Platform 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.
- 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:
2535697 Ontario Inc.
151 Charles St W Suite 100
Phone: (888) 602-5666