These conditions of use (“the Agreement”) set out the conditions under which people residing in Canada can use the virtualbabysitting.sossitter.ca website and its Services:
1.1. “Service provider”: means any person offering their services for virtual security sessions for remuneration on the Website virtualbabysitting.sossitter.ca. Notwithstanding any provision to the contrary, the Service Providers are self-employed who are not the agents or employees of SOSsitter; SOSsitter does not provide any salary, preposition link, work tool or monitoring of the work performed.
1.2. “Services”: designates all the services accessible on the Website virtualbabysitting.sossitter.ca.
1.3. “Site”: means the website with the url virtualbabysitting.sossitter.ca, its other names and references. It includes the computer formats usable on the Internet comprising data of different natures, and in particular texts, sounds and still or animated images, video, databases, intended to be consulted by Users and Service Providers to find out about its Services. The site includes two distinct categories of members: a) Users and b) Service Providers.
1.4. “User”: designates any person or entity using the Site or one of the Services.
The Site is an online database where Users can access live virtual babysitting sessions given by qualified educators offered under different themes for children. The site also allows you to pay for the provision of Services.
3.1. Subject to compliance with the Terms of Use, by issuing a username and password, Agent White inc. grants you a personal, non-transferable and non-exclusive license to use the Services offered by SOSsitter Virtual Babysitting for your personal, non-commercial use.
3.2. You agree not to provide your access to the Site or to the platforms used by the Site, including, but not limited to, Zoom Video Communications, Microsoft Teams and Google Hangouts, to any other person for any reason whatsoever;
3.3. You agree to comply with the conditions of use of the platforms that may be used by the Site, including, but not limited to, Zoom Video Communications, Microsoft Teams and Google Hangouts;
4.1. The role of Agent White Inc. is limited to offering these Services and its responsibility does not extend beyond the activities associated with maintaining this Site, its role being limited to operating a site where Service Providers can offer the Services and where Users can pay for its Services under the aegis of the Site.
4.2. Agent White Inc and any affiliated company or subsidiary and their administrators, shall not be liable for damages, including damages, compensatory, direct or indirect, or any other damage of any kind whatsoever that may have been caused to Users or to any other legal or natural person, when using the Site and Services.
4.3. Agent White Inc., cannot be held liable for any damage that may be incurred by you or any third party, arising from the transmission of confidential information available on the Site, or for which you give explicit authorization to Agent White inc. to produce or any error or change made to any information transmitted.
4.4. It is understood by the User that Agent White Inc. does not have an employment relationship with the Service Providers who offer the Services from the Site. Agent White Inc. an interview of individuals being a Service Provider on the Site. By using this Site, you agree that Agent White Inc. cannot be held responsible for any fault committed by a Service Provider and you agree to release Agent White Inc. (including its employees, officers and administrators) from any claim and all damages of any kind whatsoever that may arise from the use of this Site, with the exception of intentional or gross negligence committed by Agent White Inc.
4.5. It is understood that the current Site may contain advertising that extends beyond the control of Agent White Inc., and that Agent White Inc. is therefore not liable and cannot be held liable for damages or losses caused by a third party using this Site. Links to third parties or advertisements are beyond the control of Agent White Inc. and Agent White Inc. therefore cannot guarantee that other sites are trustworthy or accurate and that, for these purposes, no no particular or implied representation has been made with regard to the content of third party sites.
4.6. It is agreed that any transaction made by advertisers on the Site will be the full responsibility of the User and that the full exemption is given to Agent White Inc.
You hereby agree to take up the defense of Agent White Inc. in the event that legal proceedings are instituted against it following a violation of these terms of use by you or any other use of your access to the Site.
The Webmaster (hereinafter called “Webmaster”) will have full authority to agree website content, including, but not limited to, modification of content, format, use, nature or merging of nets and decision-making relating to the Site comprising the profiles, and this, in its sole discretion and without prior notice. Service Providers and Users who do not comply with the Terms of Use may be blocked from accessing the Site, without any prior notice.
7.1. The contents of this Site such as text, graphics, images, logos, icons and buttons, software and other website content (all of the content hereinafter referred to as “Intellectual Property”) are the sole property of Agent White Inc., and are protected by copyright, trademarks and other laws. All Intellectual Property is the property of Agent White Inc. or its content providers or customers. All (i.e., compilation, presentation and collation) of the Intellectual Property is the exclusive property of Agent White Inc., and is protected by copyright laws.
7.2. Unauthorized use of Intellectual Property may be found to infringe copyright, trademark and other laws. You may not sell or modify the Intellectual Property, nor make the reproduction, display, public performance, distribution or any other use of the Intellectual Property, in any way whatsoever, for any public, personal or commercial use , with the exception of modifications to your own information linked to your profile.
7.3. The use of Intellectual Property on any other website or within a networked computing environment for any reason is prohibited. You must not copy or adapt code created by Agent White Inc. or its suppliers in order to generate any website content.
8.1. Users may not use the Site in order to post, transmit, distribute, store or destroy material, including without limitation: (a) in violation of any law or regulation in force (b) of in such a way as to be against copyright, trademarks, professional secrecy or any other intellectual property rights of others or breach of confidentiality, publicity or other personal rights of others or (c) which is, or may be defamatory, offensive, vulgar, obscene, harassing and / or threatening, abusive or hateful, racist, sexist, discriminatory, violent in nature or which may upset, disturb or cause embarrassment or anxiety to anyone.
8.2. Any content of a sexual nature is strictly prohibited, including but not limited to: images, attachments, comments and postings.
8.3. The Webmaster may, in his sole discretion, modify, cancel, invalidate any display on the Site that contravenes the Terms of Use, including the exclusion of a User who has violated, on one occasion, these Terms of Use, and without prior notice. No refund will be given to an excluded User and each user expressly and irrevocably releases Agent White Inc. (including its employees, officers and administrators) from any responsibility in the event of an exclusion or any decision on the part of the Webmaster who may ensue with regard to the use of the Site.
8.4. Users are prohibited from violating or attempting to violate the security of the Site, including but not limited to: (a) accessing data not intended for such user or accessing a server or an account to which the User does not have authorization (b) attempt to probe, scan (“scan”) or test the vulnerability of a system or network or to breach security or security measures authentication without the necessary authorization (c) attempt to interfere with the service of any user, host or network, including without limitation, by injecting a virus into Agent White Inc. or its subsidiaries, overloading, flooding, “spam”, sending large numbers of emails or forcing them out of service, or (d) counterfeiting a TCP / IP header or any information contained therein header of any email or informative posting. Violating the security of a system or network can lead to civil and / or criminal lawsuits. Agent White Inc. will investigate those instances which may invoke such offenses and may involve and collaborate with law enforcement authorities in the prosecution of Users involved in these offenses.
9.1. The Site specifically prohibits the following points:
9.1.1. Display of incomplete, false or inaccurate biographical information or information that is not yours.
9.1.2. Use the database for any reason other than having access to the Services. If one of the parties does not comply with these conditions, Agent White Inc. may, at its sole discretion, immediately prohibit unauthorized access to the Site, without prior notice, and initiate legal proceedings against that party. without any notice or delay.
9.1.3. Delete or revise any material posted by any other person or entity.
9.1.4. Use any instrument and tool, software or routine to interfere or attempt to interfere with the proper use of the Site and of any activity taking place on this Site.
9.1.5. Take any action that imposes an unreasonable or disproportionate overload or charge on the Site infrastructure.
9.1.6. With the exception of any clause herein having the opposite effect, use or attempt to use any engine, software, tool, agent or other instrument or mechanism, including without limitation, explorers, collectors, robots, avatars or smart agents to browse or search the web other than a search engine and other third party web browsers usually available on web browsers such as Internet Explorer, Mozilla Firefox, Netscape, Safari and others.
9.1.7. Attempt to decipher, decompose, disassemble or reverse the engineering of any software included or in any way forming an integral part of this Site.
9.1.8. Copy, modify or duplicate, in any way, the Intellectual Property or any other information available on the Site.
10.1. The User is responsible for the password, username and any information that you provide to the Site. All use of your registration information with the Site is your responsibility.
10.2. In the event of improper or unauthorized use of your password, username or registration information, you agree to inform the Webmaster WITHIN 24 HOURS following this infraction.
10.3. As a Site User, you agree to take all necessary measures to protect your computer and your confidential information against threats such as malware, spyware, intrusions and unwanted applications. Without limiting the generality of the above, you can use coded browsers and install anti-virus / gatekeeper software.
11.1. The Users who use the Stripe site agree to be bound by the Stripe Service Agreement which may modify the said Service agreement. Stripe is an automated payment service based in the United States. Stripe is a completely separate entity from SOSsitter, having a transactional site at https://stripe.com. Service providers and consumers of the site give receipt to SOSsitter for any claim related to use or litigation with the Stripe site.
11.2. Stripe is the site’s unique method of payment / reimbursement for the payment of Services. Payment can only be made by the User through the Stripe payment service, which must also go through this transfer method for any refund. The User gives SOSsitter the right to debit / credit from their credit card linked to their Stripe account on a single, sporadic or recurring basis.
12.1. To access the Services, Users must pay the session fees in accordance with the prices displayed on the Site.
12.2. The User has the right to cancel an order at the time of purchase if the price of the selected service t differs from the actual price.
12.3. The User must provide truthful and accurate financial information, whether it is credit, debit or other means of channeling funds. The User must ensure that the method of payment and the details provided are his and that a sufficient amount of credit or other funds is available to him at the time of purchase of a service. These funds and credits must be sufficient to cover the cost of purchasing the selected service.
13.1. In exchange for payment for the Services, Users will become the owners of credits giving access to virtual security sessions on the Site.
13.2. Following payment for the Services, no reimbursement will be granted to the User by Agent White inc.
13.3. In the event of the cancellation of a virtual babysitting session for any reason whatsoever, the User may use his credits in order to have access to any other session available on the Site.
14.1. Agent White Inc. does not guarantee that the information available on the Site is reliable and accurate and does not guarantee that the service will be without fault or error.
14.2. Agent White Inc. does not guarantee that specific needs will be met by the Services offered.
14.3. The Site may suffer occasional breakdowns and certain programming errors may be caused by updates or by events beyond the control of Agent White Inc. Agent White Inc. cannot be held responsible if a User sees himself in the impossibility of navigating on the Site or having access to the Services, and this, whatever the reason which prevents it.
14.4. Agent White Inc. does not guarantee total security. It is possible that a hacker could successfully enter the server and / or platforms that can be used by the Site, including, but not limited to, Zoom Video Communications, Microsoft Teams and Google Hangouts. Under no circumstances will Agent White Inc., or any of its administrators, be liable for hacking or any damage that this may cause to a User.
15.1. These Terms & Conditions must be applied and governed by the laws of the province of Quebec, Canada and the parties submit to the exclusive jurisdiction of the courts of the province of Quebec.
15.2. Although the Site can be accessed from other places in the world that may be governed by laws other than those applicable in Quebec, by using the Site, you comply with the exclusive jurisdiction of the province of Quebec, excluding from any other jurisdiction.
16.1. Any reference to the female and / or male sex refers to all the sexes and words referring only to a singular form include the plural form and vice versa.
16.2. Words like “AGREEMENT”, “DISCLAIMER OF LIABILITY”, “TERMS OF USE”, “HEREIN”, “HEREIN”, “HEREIN” AND “BELOW / ABOVE” refer to the whole of this Agreement and not only to the section in which the words appear, unless the context so provides.
16.3. Any prohibited or non-applicable clause provided for in this Agreement will not have any effect as provided by such a prohibited or non-applicable clause, without however canceling the other conditions provided for in this Agreement.
16.4. The User and the Service Provider require that this Agreement and that any future communication relating to the Site be in English.
16.5. This User Agreement includes all obligations between the User and the Site and no express or implied warranty is provided to the User.
Agent White Inc.
CP 46019, 277 BOUL. SAINT JEAN
POINTE-CLAIRE, QC,
H9R 5R4
Canada
Telephone: +1 888-767-7330
Email: [email protected]