TERMS OF USE

Her Yes Club Inc.

YOU AGREE TO THESE TERMS OF USE WHEN YOU BROWSE OUR SITE, DOWNLOAD THE APP AND USE OUR SERVICES. YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION IN CERTAIN CIRCUMSTANCES.  READ THIS DOCUMENT CAREFULLY.

These Terms of Use (the “Terms”) set forth the terms and conditions under which individuals residing in Canada may use Her Yes Club Inc. website or mobile application (collectively, the “Site”), and/or Her Yes Club Inc. Services (described below).

Please read these Terms before using the Site or Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms in their entirety as a user of the Site or Services (“Registered Users”).

These Terms incorporate by reference and adopt the Her Yes Club Inc. Privacy Policy published on heryesclub.ca (the “Privacy Policy”) and all other policies, rules and terms and conditions as set forth in the Service materials, either in print or on our Site or App (collectively, the “Policies”). If you object to anything in these Terms, the Privacy Policy or the other Policies, do not use the Site or the Services.

These Terms, including the Privacy Policy and the other Policies, are subject to change by Her Yes Club Inc. at any time. We will notify you about significant changes in these Terms by sending a notice to the email address registered in your account, or by placing a prominent notice on our Site, so that you can choose whether to continue using our Services. Residents in all Provinces should periodically check heryesclub.ca for updates. Your continued use of the Site or the Services after the effective date of any change will constitute acceptance by you of such change.

For purposes of these Terms, the “Site” shall mean the heryesclub.ca website and any affiliated websites, the mobile applications and mobile websites operated by Her Yes Club Inc., a corporation incorporated in Canada (“Her Yes Club Inc.”). The “Services” shall mean any of the various services that Her Yes Club Inc. provides through the Site or any other channels, including over the telephone.

1.     Description of services; limitations; user responsibilities;

2.     Eligibility to use the site and services; representations and warranties;

3.     Rules for user conduct and use of services;

4.     Verification checks;

5.     Termination of registration;

6.     Privacy;

7.     Links to external sites;

8.     Billing, payment and refund policy;

9.     Release of liability for user conduct and disputes;

10.   Age restrictions;

11.   Disclaimers; limitations; waivers; indemnification;

12.   Jurisdiction and choice of law;

13.   Miscellaneous; and

14.   Contact information.

Article 1. Description of services; limitations; user responsibilities

1.1. About our services

Her Yes Club Inc. provides an online platform to help home daycare providers (licensed and unlicensed) (“Providers”) manage the day-to-day operations of their childcare businesses and to also help those seeking childcare  (“Families”) to find and hire providers of childcare services (“Providers”) and to connect with each other, and to arrange care (“Care Requests” or “Bookings”) and daily communication. We work to fulfill this by making available online communication tools, information, and an extended network of Families and Providers that help our users find and coordinate quality care for children. 

We enable individuals seeking childcare services (“Families”) to enter their information and required services into the Site and use the generated Providers results based on their needs, including dates, times, and location of care (“Care Request” or “Booking”),  and individuals who provide care services (“Providers”) to accept the Care Request or Booking. Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.

1.2. Limitations of our services

The Site is not responsible or liable for any information provided by Registered Users, the use of the information whether shared with others outside of the Site, or any outcome by following the information given on the Site. This includes any information or content, articles, blog posts, and resources shared by Her Yes Club Inc. or through private messages on the Site.

We do not employ any Providers nor are we an employment agency or a recruitment agency for any Provider or Family. We do not provide referral services. We do not give Providers a commission or other compensation based on a decision to, or not to, enter into an employment or independent contractor arrangement with a Family.

Except as described in these Terms and the Privacy Policy (see below), we do not review, evaluate, or interview Providers or Families nor do we verify any information posted to the Site by a Provider, Family or others.

We are not a party to any agreement between a Provider and a Family further to that which was created and is managed on our Site.

There are risks, including but not limited to risk of physical harm, when you deal with someone you connect with through our Site. You assume all risks associated with dealing with other persons with whom you come in contact through the Site.

We provide no assurance or representations (express or implied) regarding the quality, timing, or legality of the services actually delivered by Providers or the integrity, responsibility or actions of Families or Providers. We do not refer or recommend either Families or Providers nor do we make any representations about the suitability, reliability, timeliness, and accuracy of the services provided by Providers or the integrity, responsibility or actions of Families or Providers whether in public, private or offline interactions.

Family and Provider information or content is primarily user generated, and Her Yes Club Inc. does not control or vet user generated content for accuracy as a general matter. Her Yes Club Inc. does not assume any responsibility for the accuracy or reliability of any information provided by Providers or Families on or off this Site. 

Her Yes Club Inc. is not responsible for the conduct, whether online or offline, of any user of the Site or the Services. Moreover, Her Yes Club Inc. does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. All users, including both Families and Providers, do hereby expressly agree not to hold Her Yes Club Inc. (or Her Yes Club Inc.’s officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, resellers, or employees, hereinafter “Affiliates”) liable for the actions or inactions of any Family or Provider or for any information, instruction, advice that originated or services that were arranged through the Site, and, to the maximum extent permissible under applicable law, Her Yes Club Inc. and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

1.3. User Responsibilities

Registered Users are solely responsible for interviewing, verifying information provided by, and selecting an appropriate Family or Provider.

Subject to applicable law, we may, at our option, conduct limited screening of a Family or Provider through verification checks or reference checks, as further described in section 4. Do not rely on this limited screening as complete, accurate, up-to-date or conclusive of the individual’s or entity’s suitability as a Family or Provider of care.

Each Family is also responsible for complying with all applicable employment, non-discrimination and other laws in connection with any employment relationship they establish, including verifying the age of the Provider they select is 18 years of age or older as well as the Provider’s eligibility to work in Canada.

Article 2. Eligibility to use the site and services; representations and warranties

To be eligible to use our Services, you must meet the following criteria:

  • You must be eighteen (18) years of age or older. If you are not eighteen (18) years of age or older do not register to use the Site or Services.
  • You must reside in a postal code region in which Her Yes Club Inc. currently offers the Services.
  • You must be a citizen or legal resident of Canada or hold a valid Canadian visa. If you are a Provider you must be legally entitled to work in Canada. If you are not, do not register to use the Site.

If you are a Provider, you must possess at least the minimum qualifications, which you give permission to Her Yes Club Inc. and/or third-party service providers full rights to obtain in order for you to share your availability on the Site and access specific Site features:

  • Photo ID Verification;
  • A Vulnerable Sector Check;
  • Valid CPR and First Aid training certificates;

Her Yes Club Inc. will determine if your qualifications are satisfactory in its sole, absolute, and unfettered discretion.

  • You must not access our Services for reasons that are in competition with Her Yes Club Inc.

By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof.

By requesting to use, registering to use, and/or using the Site or the Services, you represent and warrant that you will not retain or use the Services from a Provider with whom you connected with on the Site by any method outside of the Site.

Because of the type of care services, the setting of the care services and the nature of the relationship between Provider and Family, you represent and warrant that you (i) have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any criminal offense involving violence, abuse, neglect, theft or fraud, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, and (ii) are not nor have ever been registered, and are not currently required to register, as a sex offender with any government entity.

By using our Services, you agree that we may request verification checks using your Personal Information, in accordance with our Privacy Policy. We do this to verify the information you provide us (such as your name, address, email address, etc.), the representations and warranties you make in the Terms and on the Site (such as representations regarding your criminal background), and your suitability for Her Yes Club Inc. The results of these verification checks are made available to Her Yes Club Inc.

We may use third party service providers to perform these verification checks. Our third party service providers may conduct verification checks against a variety of materials which, subject to applicable law, may include but not be limited to media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, criminal databases, sex offender registries, online channels and other data to perform these verification checks.

Article 3.  Rules for user conduct and use of services

3.1. Registration, posting and content restrictions

The following rules pertain to User Content, defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through Her Yes Club Inc.’s Services, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles (collectively, “Content”) that you publish or display (hereinafter, “post”). By transmitting and submitting any User Content while using our Service, you agree, represent and warrant as follows:

  • You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services.
  • You will register your account in your own legal name, even if you are seeking care for another individual or family member.

You are solely responsible for any Content that you post on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any User Content emanates from Her Yes Club Inc. where this is not the case.

You will not provide inaccurate, misleading, defamatory or false information to Her Yes Club Inc. or to any other user of the Site, and all opinions stated as part of User Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others. 

You understand and agree that Her Yes Club Inc. may, in its sole discretion, review and delete any Content, in each case in whole or in part, that in the sole judgment of Her Yes Club Inc. violates this Agreement or which Her Yes Club Inc. determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, threaten the safety of users of the Site, or otherwise violate these Terms or community standards.

Your use of the Service, including but not limited to the Content you post on the Site, must be in accordance with any and all applicable laws and regulations.

Her Yes Club Inc. is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.

You agree that Her Yes Club Inc. is not required to moderate, verify or remove any reviews or other information posted on the Site about you or any other person or entity. You may not terminate your registration and re-register in order to prevent a review from being associated with your account.

Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by Her Yes Club Inc., are those of their respective authors. Such authors are solely responsible for such content. Her Yes Club Inc. does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will Her Yes Club Inc. or its Affiliates be responsible for any loss or damage resulting from: a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or b) reviews or comments made about you on the Site by other users.   

Her Yes Club Inc. DOES NOT ENDORSE ANY STATEMENT, REVIEW OR REPRESENTATION MADE BY A USER OF THIS SITE. YOU MAY NOT ATTRIBUTE ANY STATEMENT, REVIEW OR REPRESENTATION TO Her Yes Club Inc. OR ANY DIRECTOR, OFFICER, EMPLOYEE, SERVICE PROVIDER OR AGENT OF Her Yes Club Inc.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Her Yes Club Inc. DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THE SITE.

YOU HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD Her Yes Club Inc. HARMLESS FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY YOU ON THIS SITE OR IN ANY OTHER VENUE.

3.2. Exclusive use

Your account is for your sole, personal use. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.

3.3. Prohibited uses

By using the Site or Services of Her Yes Club Inc., you agree that you will not under any circumstances:

  • use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • use the Services for any unlawful purpose or for the promotion of illegal activities;
  • attempt to, or actually, harass, abuse or harm another person or group;
  • use another user’s Her Yes Club Inc. account without permission;
  • provide false or inaccurate information when registering an account on the Site, using our Services, or communicating with other Registered Users;
  • attempt to re-register with Her Yes Club Inc. if we have terminated your account for any or no reason;
  • interfere or attempt to interfere with the proper functioning of Her Yes Club Inc.’s Services;
  • make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
  • use the communication systems provided by or contacts made on the Site for any commercial solicitation purposes;
  • or publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

In order to protect our users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the number of messages which a user may send to other users in any 24-hour period to a number which we deem appropriate in our sole discretion.

Should Her Yes Club Inc. find that you violated the terms of this Section or any terms stated herein, Her Yes Club Inc. reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services.

Further, in order to protect the integrity of the Site and the Services, Her Yes Club Inc. reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.

Article 4.  Verification Checks for Providers

4.1. Consent to run verification checks 

YOU AGREE TO ALLOW Her Yes Club Inc. TO PERFORM VERIFICATION CHECKS.

We may use third party service providers to perform verification checks or perform them ourselves at our sole discretion. If we perform verification checks, we perform them to verify the information you provide us (such as your name, address, email address, etc.), the representations and warranties you make in the Terms and on the Site (such as representations regarding your criminal background), and your suitability for Her Yes Club Inc. The results of these verification checks are made available to Her Yes Club Inc.

The results of any verification checks on you may impact your ability to access and use the Services. You may not be eligible to register an account with Her Yes Club Inc. if any of your verification checks results indicate that you have falsified your legal name, address or date of birth, or indicate any background information that, in our sole discretion and subject to applicable law, disqualifies you from using our Site or Services given the type of care services, the setting of the care services, and the nature of the relationship between Provider and Family.  

IF YOU DO NOT WANT VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE Her Yes Club Inc.

4.2. Release of liability for results of verification checks 

Although Her Yes Club Inc. may perform verification checks, it has no obligation to do so. To the extent Her Yes Club Inc. performs such checks on Providers, the checks are limited to those choosing to share their availability and should not be taken as complete, accurate, up-to-date or conclusive of accuracy of any of the information those users have provided or of their eligibility to use the Services.  

Furthermore, verification checks may be performed by separate third party verification services. Her Yes Club Inc. does not have control over or assume, and expressly disclaims, any responsibility for the quality, accuracy, or reliability of, and any liability that may result from the use of, or reliance on, the information such third party services provide.

Article 5.  Termination of registration

Should Her Yes Club Inc. determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Policies, are not suitable for participation as a Registered User, or have misused or misappropriated Site content, including but not limited to, use on a “mirrored”, competitive, or third party site, Her Yes Club Inc. reserves the right, at its sole discretion, to immediately terminate your access to all or part of the Site, to remove your profile and/or any content posted by or about you, from the Site, and/or to terminate your registration with or without notice. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.

Following any termination of any individual’s use of the Site or the Services, Her Yes Club Inc. reserves the right, subject to applicable privacy laws, to send a notice thereof to other Registered Users with whom we believe the individual has corresponded.

Article 6.  Privacy

Her Yes Club Inc. will only use the information you provide on the Site or via other channels in accordance with our Privacy Policy. For more information, see our full Privacy Policy.

Article 7.   Links to external sites

Links from the Site to external sites (including external sites that are framed by heryesclub.ca/.com) or inclusion of advertisements do not constitute an endorsement by Her Yes Club Inc. of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users’ reference and convenience.

Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by Her Yes Club Inc. ‘s Terms of Use and Privacy Policy. Her Yes Club Inc. expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold Her Yes Club Inc. harmless from any liability that may result from the use of links that may appear on the Site.

Article 8.  Billing, payment and refund policy

Her Yes Club Inc. is a platform for Providers to manage their daycare businesses and for Families to find and connect with Providers for the sole intention of utilizing childcare services.  Each member is individually responsible for any tax, withholding, or reporting. We are not an agency and do not employ Providers, nor do we provide any income tax receipts.

In order to utilize some of Her Yes Club Inc.’s Services, Families must enter a valid credit card in order to pay for each successful Provider match. It is free for Families to create an account, search for a Provider, send a Care Request, and to Chat with the Provider. The match fee is only collected once a Provider accepts the Family as a client. Families will not be charged the match fee unknowingly and will always have the choice to decline the Service if they choose.

8.1. Billing and payment for Families 

Her Yes Club Inc. operates on a pay-per-successful connection model.

Families do not pay to create an account, search for care, send a Care Request, or to use the in-app Chat to communicate with potential Providers. Families are only charged a one-time $199 Connection fee for every successful Provider-Family match once a successful match is determined between the Provider and the Family. When a Provider adds a Family as a Client to their account, the Family will be notified and given the last right of refusal before their payment method is charged the Connection fee. This is in addition to the Provider’s own rate, which the Family shall pay on the agreed upon schedule. 

By submitting a Connection payment through the Site, the Family consents to this rate being charged to his or her payment card. Applicable taxes are added to the amount of the total.

All payments must be processed through the Site. Attempts to bypass the Connection fee outside of the Site will result in the termination of your account. 

In the event you choose to purchase other Services and/or Connections on the Site, you authorize Her Yes Club Inc. to charge your chosen payment provider for the Services you purchase. You agree that if Her Yes Club Inc. already has your credit card on file as a result of prior purchases you have made, we will charge that credit card for the additional services you purchase.

8.2. Billing and payment for Providers

By registering as a Provider with Her Yes Club Inc., you agree to the selected subscription tier you choose and its offerings and cost as shared on the Site at the time of sign up. The first subscription payment will be automatically charged to your payment method once you create an account or following the end of a free trial, unless cancelled before the trial ends. 

All subscriptions will renew automatically at the end of their respective term unless canceled at least 15 days prior to the renewal date. By agreeing to these terms, you authorize Her Yes Club Inc. to charge the applicable subscription fee using the payment method provided at the time of registration or as updated.

To the extent you choose to purchase other chargeable Services and offerings, you authorize Her Yes Club Inc. to charge your chosen form of payment for the Services you purchase.

8.3. Refund policy

To the extent permitted by law, Her Yes Club Inc. does not provide refunds or credits for subscription or other purchase cancellations. However, Her Yes Club Inc. may in its sole discretion issue refunds or credits when it believes they are warranted.

Article 9.  Release of liability for user conduct and disputes 

Her Yes Club Inc. is not an employer of Providers nor are we an employment agency or a recruitment agency for any Provider or Family. Families may seek the services of a Provider through the use of the Site or Services, and Providers may post profiles and accept Care Requests from Families regarding their services. However, any agreement between a Family and a Provider regarding the provision of services is solely between the Family and the Provider; Her Yes Club Inc. is not a party to any such agreement.

Any issues concerning the conduct of a Family or Provider including, without limitation, the services received by the Family or payment due to the Provider, is not the responsibility of Her Yes Club Inc. and Her Yes Club Inc. will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site or our Services, you do hereby represent, understand, and expressly agree to indemnify and hold Her Yes Club Inc. harmless for any claim or controversy that may arise from any disputes between you and any other user(s) of the Site. Her Yes Club Inc. will use its reasonable efforts to monitor Provider and Family profiles, quality of services, and general usage of the Site and suspend privileges to any Family or Provider not adhering to the Policies.

You agree to take reasonable precautions in all interactions with other users of the Site or the Services, particularly if you decide to meet offline or in person.  By using the Site or the Services, you do hereby agree to report any alleged improprieties of any users therein to Her Yes Club Inc. immediately by notifying Her Yes Club Inc. of the same via electronic correspondence.

Article 10.  Age restrictions

The Site is intended for people aged 18 or over. Families and Providers should monitor children’s use of the Internet and deny access to the Site to anyone under the age of 18. Her Yes Club Inc. will not knowingly collect any information from individuals under 18 and we do not assume any responsibility for any misrepresentations regarding your age when using this Site. Should we determine that you are under the age of 18, your registration will be terminated immediately.

Article 11. Disclaimers; limitations; waivers; indemnification

11.1. No warranty

If Quebec law applies to these terms, there are no warranties provided and no liability to you other than those warranties that are required to be provided and those liabilities that may not be disclaimed pursuant to the provisions of the Civil Code of Quebec.

The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is”, or “as available”. Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Her Yes Club Inc., are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HER YES CLUB INC. DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN HER YES CLUB INC.; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, HER YES CLUB INC. EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.

IN ADDITION AND WITHOUT LIMITING THE FOREGOING, HER YES CLUB INC. MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY REGISTERED USER OF OUR SITE TO PROVIDE SERVICES AS A CHILDCARE PROVIDER OR TO EMPLOY THE SERVICES OF A CHILDCARE PROVIDER.

11.2. Assumption of risk

YOU ARE AWARE THAT THERE ARE MANY RISKS AND DANGERS IN MAKING DECISIONS FOR CHILDCARE SERVICES. THESE RISKS AND DANGERS INCLUDE PHYSICAL AND MENTAL ABUSE, BODILY HARM, MENTAL DISTRESS AND THEFT, NEGLIGENCE OF OTHER USERS, AND THE FAILURE OF OTHERS TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT YOU AND/OR YOUR CHILDREN OR DEPENDENTS FROM THE RISKS AND DANGERS.

YOU FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS AND DANGERS when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with Registered Users of the Site or the Services. You agree to take all necessary precautions when interacting with other Site users.

11.3. Responsibility Disclaimer and Limitation of Liability

Her Yes Club Inc. provides a technology platform that allows parents to connect with independent childcare providers. We do not employ, supervise, or control the providers listed on our platform. All childcare services are delivered directly by the providers and not by Her Yes Club Inc.

Providers are solely responsible for the quality, safety, and legality of the childcare services they offer. Parents are solely responsible for selecting a provider and ensuring that the provider meets their family’s needs.

Her Yes Club Inc. does not guarantee the accuracy of provider profiles, the availability of providers, or the quality of services delivered. While we may offer tools such as background checks, ratings, or reviews, these do not replace a parent’s responsibility to conduct their own due diligence.

To the maximum extent permitted by law, Her Yes Club Inc. will not be liable for any injury, loss, claim, or damages arising out of or related to the childcare services delivered by providers. Nothing in these Terms limits or excludes liability for fraudulent misrepresentation, death or personal injury caused by gross negligence, or any liability that cannot be excluded by law.

IN ALL OTHER CASES: Incidental Damages and Aggregate Liability.

In no event will Her Yes Club Inc. be liable for any indirect or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked website or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Her Yes Club Inc., or representatives thereof, are advised of the possibility of such damages, losses or expenses. 

UNDER NO CIRCUMSTANCES WILL HER YES CLUB INC.’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED $25.00 OR ITS EQUIVALENT.

No Liability for non-Her Yes Club Inc. Actions

To the maximum extent permitted by applicable law, in no event will Her Yes Club Inc. be liable for any damages whatsoever, whether direct, indirect and/or consequential, arising out of or relating to the conduct of you or anyone else in connection with the use of the site or the services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from anyone’s reliance on information or other content posted on the site, or transmitted to or by any users or any other interactions with other registered users of the site or services, whether online or offline. This includes any claims, losses or damages arising from the conduct of users who have registered under false pretenses or who attempt to defraud or harm you.

In addition to the preceding paragraphs of this section and other provisions of these Terms, any information that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Her Yes Club Inc. makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

11.4. Indemnification

By using the Site or Services, you agree to indemnify, defend, and hold harmless Her Yes Club Inc., its affiliates, directors, officers, employees, agents, and service providers (collectively, the “Her Yes Club Parties”) from and against any and all claims, damages, liabilities, losses, costs, or expenses (including reasonable legal fees) that arise from or relate to:

  1. Your Content – any information, materials, or content you submit, post, or transmit through the Site or Services.
  2. Your Conduct – your use of the Site or Services, including any childcare services you provide or receive through the platform.
  3. Your Violations – your breach of these Terms of Use or violation of any applicable law or rights of a third party (including intellectual property rights).

You agree to reasonably cooperate in the defense of any claim. The Her Yes Club Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification. You may not settle any claim without Her Yes Club Inc.’s prior written consent.

Article 12.  Jurisdiction and choice of law

If you are a FAMILY NOT RESIDENT IN QUEBEC: Any dispute arising out of the Site and/or the Services shall be governed, subject to applicable consumer protection laws of the province or territory where you reside, by the laws of the Province of Ontario, without regard to its conflict of law provisions. Subject to applicable consumer protection laws of the province or territory where you reside, you expressly agree and consent to the exclusive jurisdiction and venue of the courts of Ontario, for the resolution of any such dispute.

IF THE SERVICES ARE OFFERED IN QUEBEC AND YOU ARE A FAMILY OR A PROVIDER RESIDENT IN QUEBEC: Any dispute arising out of the Site and/or the Services shall be governed by the laws of the Province of Quebec, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the courts of Quebec, for the resolution of any such dispute.

IN ALL OTHER CASES: Any dispute arising out of the Site and/or the Services shall be governed by the laws of the Province of Ontario, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the courts of Ontario, for the resolution of any such dispute.

Article 13.  Miscellaneous

Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way affect the validity, legality or enforceability of any other term or provision of these Terms. This Agreement will be binding on and will insure to the benefit of the legal representatives, successors and assigns of the parties hereto.

Article 14.  Contact information 

If you have any questions or need further information as to the Site or Services provided by Her Yes Club Inc., or need to notify Her Yes Club Inc. as to any matters relating to the Site or Services please contact Her Yes Club Inc. at hello@heryesclub.ca.