Clients may be required to create an account and register with Tap’N’Care to access certain features of the mobile app and/or website. When creating an account, Clients may be asked to provide certain information, including their name, contact information, username, password, and any other details reasonably required to create and manage the account.

Clients are responsible for maintaining the confidentiality of their login credentials and for all activity that occurs under their account.

Client hereby consents to receive communications from Tap’N’Care electronically, including by email, text message, phone call, mobile app notification, or other electronic means.

Client understands and agrees that any terms and conditions, agreements, notices, disclosures, confirmations, or other communications provided electronically by Tap’N’Care will have the same legal effect as if they were provided in writing, to the extent permitted by applicable law.

Tap’N’Care recruits, screens, interviews, selects, employs and/or engages Healthcare Professionals who are qualified to provide the Healthcare Services requested by Clients.

Tap’N’Care will use reasonable efforts to assign Healthcare Professionals who meet the qualifications, experience, certifications, licensing, and availability requirements relevant to the services requested by the Client through the mobile app, website, or other approved Tap’N’Care communication channels.

Healthcare Professionals assigned to a Client will provide services based on the Client’s requested care needs, service requirements, booking details, and, where applicable, any care plan or instructions provided by the Client or authorized representative. The Client agrees to notify Tap’N’Care promptly of any changes, modifications, or updates to the requested services.

Clients agree to interact with all Healthcare Professionals in a respectful and professional manner and to comply with all applicable federal, provincial, and local laws, regulations, and workplace or care-setting requirements.

Healthcare Professionals assigned through Tap’N’Care will not be considered employees of the Client.

Where applicable to the role and services being provided, Healthcare Professionals assigned through Tap’N’Care may be required to:

a. hold a certificate, diploma, licence, registration, or other credential from a recognized educational institution, regulatory body, or professional organization;

b. be registered and in good standing with the applicable professional regulatory body, including the College of Nurses of Ontario where required for nursing roles;

c. maintain any licences, certificates, registrations, permits, or other credentials required to perform the services requested by the Client;

d. provide evidence of current screening requirements, which may include a police background check and/or vulnerable sector check, where applicable; and

e. meet any additional role-specific requirements requested by the Client and accepted by Tap’N’Care.

If Tap’N’Care becomes aware that a Healthcare Professional’s required licence, certificate, registration, permit, or other credential has been suspended, revoked, expired, or is no longer in good standing, Tap’N’Care may remove that Healthcare Professional from active bookings or from the platform, as appropriate.

Tap’N’Care acknowledges the Client’s right to end a Healthcare Professional’s assignment at any time and to request the removal of the Healthcare Professional from the Client’s home, facility, or care setting.

The Client may exercise this right where the Healthcare Professional’s performance is unacceptable to the Client, where the Healthcare Professional acts in a manner that is unlawful, unsafe, inconsistent with applicable Client policies, or otherwise deemed unacceptable by the Client.

The Client agrees to notify Tap’N’Care as soon as possible of any concerns relating to a Healthcare Professional’s performance, conduct, safety, or suitability for the assignment.

Where a Healthcare Professional is removed from an assignment, Tap’N’Care will make reasonable efforts to provide a suitable replacement in a timely manner, subject to availability, location, service requirements, and the nature of the requested care or staffing support.

Payment Terms

The Client agrees to pay all amounts owing to Tap’N’Care for completed services, shifts, bookings, or other approved work performed by Healthcare Professionals, together with any applicable taxes, fees, charges, or agreed-upon expenses.

The Client may be required to provide Tap’N’Care with a valid pre-authorized credit card or other approved payment method to satisfy amounts owing to Tap’N’Care.

Unless otherwise agreed in writing, Tap’N’Care may charge the Client’s authorized payment method within forty-eight (48) hours after completion of the applicable work or services. A receipt or invoice will be issued to the Client once payment has been processed.

Amounts owing may be supported by applicable timesheets, booking records, attendance records, invoices, or other agreed-upon documentation confirming the services provided.

Any discrepancy, concern, or dispute relating to a receipt, invoice, timesheet, or charge must be submitted to Tap’N’Care in writing within five (5) days of receipt. If no dispute is received within that period, the charges may be deemed accepted by the Client.

If payment cannot be processed using the Client’s authorized payment method, Tap’N’Care may contact the Client to provide an alternative payment method. If payment is not received promptly, the account may be considered past due.

Past-due amounts may be subject to interest or late payment charges of up to three percent (3%) per month, or the maximum amount permitted by applicable law, until paid in full.

If the Client fails to pay amounts owing when due, or otherwise breaches its payment obligations under this Agreement, Tap’N’Care may suspend the provision of services until the outstanding amount or breach is resolved to Tap’N’Care’s reasonable satisfaction.

Unless otherwise agreed in writing, the minimum length for any shift is four (4) hours.

Any administrative fees, payment processing fees, cheque processing fees, or alternative payment arrangement fees must be clearly communicated to and agreed upon by the Client before being charged.

For more information about how Tap’N’Care collects, uses, stores, and discloses personal information, please review our Privacy Policy at https://tapncare.com/privacy-policy.

Non-Solicitation of Healthcare Professionals

The Client acknowledges that Healthcare Professionals introduced, assigned, or made available through Tap’N’Care are part of Tap’N’Care’s workforce, service network, and business relationships.

During the Healthcare Professional’s employment or engagement with Tap’N’Care, and for a period of twelve (12) months following the end of such employment or engagement, the Client agrees not to directly or indirectly solicit, recruit, hire, engage, or attempt to induce any Healthcare Professional to leave Tap’N’Care or discontinue providing services through Tap’N’Care.

The Client also agrees not to interfere with the relationship between Tap’N’Care and any Healthcare Professional introduced, assigned, or made available through the Tap’N’Care platform, website, mobile app, or other approved communication channel.

Tap’N’Care may, at its sole discretion, waive this restriction and permit the Client to hire or engage a Healthcare Professional directly, provided that the Client pays Tap’N’Care a conversion fee agreed to in writing.

Unless otherwise agreed in writing, the conversion fee shall be equal to thirty percent (30%) of the Healthcare Professional’s expected annual compensation, annual salary, or annualized engagement fees.

This provision is intended to protect Tap’N’Care’s recruitment, screening, placement, training, and workforce coordination efforts.

The Client agrees that Tap’N’Care’s cancellation policy shall apply to all confirmed bookings, shifts, and service requests.

The Client must provide at least twenty-four (24) hours’ notice to cancel a confirmed booking or shift.

If the Client cancels a confirmed booking or shift with less than twenty-four (24) hours’ notice, the Client agrees to pay a minimum charge equivalent to four (4) hours of service, together with any applicable taxes or agreed-upon fees.

Tap’N’Care may waive or modify the cancellation charge at its discretion, depending on the circumstances.

The mobile app, website, and all materials contained in or made available through them, including text, graphics, images, code, designs, icons, photographs, video clips, written materials, and other content, but excluding Client Content as defined in these Terms, are collectively referred to as “Tap’N’Care Materials.”

Tap’N’Care Materials are protected by copyright, trademark, trade dress, patent, and other applicable intellectual property laws.

Unauthorized use, reproduction, copying, modification, distribution, display, publication, or exploitation of the mobile app, website, or Tap’N’Care Materials may violate applicable laws and these Terms.

Subject to the Client’s compliance with these Terms, Tap’N’Care grants the Client a limited, non-exclusive, non-transferable, revocable licence to access and use the mobile app, website, and Tap’N’Care Materials solely for the purpose of requesting, reviewing, managing, or receiving information about Healthcare Services.

This licence allows the Client to install, access, and use the mobile app on a mobile device owned or controlled by the Client, and to access the website for permitted purposes under these Terms.

The Client may not copy, distribute, sell, sublicense, transfer, modify, reverse engineer, or make the mobile app, website, or Tap’N’Care Materials available to any third party or over any network, except as expressly permitted by Tap’N’Care in writing.

These Terms also apply to any updates, upgrades, enhancements, replacements, or modifications to the mobile app, website, or Tap’N’Care Materials, unless separate terms are provided with such updates or replacements. Where separate terms are provided, those separate terms will apply.

The Client acknowledges that Tap’N’Care may use third-party contractors, service providers, data centres, hosting providers, cloud providers, software vendors, and other technology partners to support the operation of the mobile app, website, and Services.

The Client further acknowledges that information submitted, transmitted, stored, exchanged, or processed through the mobile app, website, or Services may be hosted, stored, or processed by third-party service providers on behalf of Tap’N’Care, subject to applicable privacy, security, and data protection requirements.

The Client shall not, and shall not authorize, permit, or assist any third party to, do any of the following:

a. rent, lease, lend, sell, redistribute, sublicense, assign, or otherwise transfer the mobile app, website, or any Tap’N’Care Materials;

b. use the mobile app, website, or any Tap’N’Care Materials for any purpose other than the Client’s own permitted use under these Terms;

c. copy, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, structure, or underlying technology of the mobile app, website, or any Tap’N’Care Materials;

d. modify, alter, adapt, translate, or create derivative works based on the mobile app, website, or any Tap’N’Care Materials;

e. remove, alter, obscure, or interfere with any copyright, trademark, proprietary rights notice, branding, watermark, or other ownership notice on or within the mobile app, website, or any Tap’N’Care Materials;

f. bypass, disable, interfere with, or work around any technical limitations, security features, access controls, or usage restrictions in the mobile app or website;

g. use the mobile app, website, or any Tap’N’Care Materials for any unlawful, unauthorized, harmful, misleading, fraudulent, or abusive purpose; or

h. use the mobile app, website, or any Tap’N’Care Materials to develop, support, or improve a similar or competing product, service, platform, application, or other offering.

Tap’N’Care may suspend the Client’s access to all or part of the mobile app, website, platform, or Services at any time if Tap’N’Care reasonably determines that:

a. there is a threat, attack, attempted attack, security incident, or security risk affecting the Services, Tap’N’Care, its systems, or any third-party hosting network, cloud provider, or infrastructure used to support the Services;

b. an event has occurred, or is reasonably likely to occur, that may create a risk to the Services, Tap’N’Care, the Client, Healthcare Professionals, other users, or any related systems or data;

c. the Client is using the mobile app, website, platform, or Services for fraudulent, unlawful, unauthorized, harmful, or abusive purposes, or in violation of these Terms;

d. Tap’N’Care is required or prohibited by law, court order, regulatory authority, governmental agency, or other legal process from providing all or part of the Services; or

e. suspension is reasonably necessary to protect the security, integrity, availability, or proper operation of the mobile app, website, platform, or Services.

Tap’N’Care will use reasonable efforts to notify the Client of any suspension where appropriate and where permitted by law. Tap’N’Care may restore access when the issue has been resolved to Tap’N’Care’s reasonable satisfaction.

To the maximum extent permitted by applicable law, Tap’N’Care shall not be liable for any damages, losses, liabilities, loss of data, loss of profits, interruption of service, or other consequences arising from a suspension of access made in accordance with this section.

Subject to the limited use rights expressly granted under these Terms, Tap’N’Care owns and retains all right, title, and interest in and to the mobile app, website, platform, Tap’N’Care Materials, Services, documentation, technology, branding, content, designs, features, functionality, and all related intellectual property rights.

Except for the limited rights expressly granted to the Client under these Terms, no other rights, licences, ownership interests, or permissions are granted to the Client, whether by implication, estoppel, waiver, or otherwise.

The Client acknowledges that nothing in these Terms transfers any ownership rights in the mobile app, website, platform, Tap’N’Care Materials, Services, or related intellectual property to the Client.

All content, information, documents, messages, instructions, care details, booking information, files, or other materials that a Client uploads, submits, posts, transmits, or otherwise makes available through the mobile app, website, platform, or Services are referred to as “Client Content.”

Tap’N’Care does not claim ownership of Client Content.

The Client grants Tap’N’Care a limited, non-exclusive, royalty-free licence to access, use, store, process, transmit, reproduce, and share Client Content only as reasonably necessary to provide, manage, support, improve, and administer the Services, operate the mobile app, website, and platform, communicate with the Client, coordinate Healthcare Professionals, comply with legal obligations, and enforce these Terms.

The Client is responsible for ensuring that any Client Content submitted to Tap’N’Care is accurate, lawful, complete, and provided with any required consent or authorization.

The Client acknowledges and agrees that the Client, and not Tap’N’Care, is responsible for the Client Content the Client uploads, submits, transmits, or otherwise makes available through the mobile app, website, platform, or Services.

Tap’N’Care will handle Client Content in accordance with these Terms, applicable law, and Tap’N’Care’s Privacy Policy.

Notwithstanding anything to the contrary in these Terms, Tap’N’Care may collect, generate, use, store, analyze, transfer, and disclose analytics data for lawful business purposes, including to operate, monitor, maintain, enhance, modify, secure, and improve the mobile app, website, platform, and Services.

Tap’N’Care may also use analytics data to understand service usage, improve user experience, develop new tools, products, services, features, and functionality, support reporting, and improve operational performance.

For the purposes of these Terms, “Analytics Data” means information gathered, prepared, computed, generated, derived, or stored by Tap’N’Care from the use of the mobile app, website, platform, Tap’N’Care Materials, or Services, provided that such information does not identify an individual Client, Healthcare Professional, patient, or other person.

Analytics Data will be used only in aggregated, anonymized, or de-identified form and will not include personally identifiable information.

Tap’N’Care owns and retains all rights, title, and interest in and to Analytics Data. No rights in or to Analytics Data are granted to the Client, whether by implication, estoppel, waiver, or otherwise.

The Client may, from time to time, voluntarily provide suggestions, enhancements, recommendations, feature requests, comments, ideas, or other feedback to Tap’N’Care regarding the mobile app, website, platform, or Services, collectively referred to as “Feedback.”

The Client acknowledges that Feedback is provided voluntarily and that Tap’N’Care is not obligated to treat Feedback as confidential, even if the Client labels it as confidential or proprietary.

The Client grants Tap’N’Care a worldwide, royalty-free, fully paid-up, transferable, sublicensable, irrevocable, and perpetual licence to use, copy, modify, adapt, publish, display, distribute, incorporate, commercialize, or otherwise exploit the Feedback for any lawful purpose, including improving or developing Tap’N’Care’s products, services, features, platform, or operations.

Tap’N’Care may use Feedback without compensation, credit, approval, or other obligation to the Client.

During the term of this Agreement, Tap’N’Care shall maintain insurance coverage appropriate for the services it provides, which may include commercial general liability insurance, professional liability insurance where applicable, and Workplace Safety and Insurance Board coverage or equivalent workplace insurance coverage, as required by applicable law.

Upon the Client’s reasonable request, Tap’N’Care may provide a certificate of insurance or other evidence of applicable insurance coverage.

Tap’N’Care shall use reasonable efforts to notify the Client of any cancellation or material change to applicable insurance coverage that may affect the services provided under this Agreement, where such notice is required by the applicable policy or reasonably available to Tap’N’Care.

Tap’N’Care agrees to indemnify and hold the Client harmless from and against substantiated third-party claims, liabilities, damages, losses, costs, and reasonable legal fees arising directly from Tap’N’Care’s gross negligence, wilful misconduct, or material breach of this Agreement, except to the extent such claims, liabilities, damages, losses, or costs result from the acts, omissions, negligence, policies, instructions, or breach of the Client.

Tap’N’Care shall not be responsible for claims, liabilities, damages, losses, costs, or expenses arising from the Client’s own acts or omissions, unsafe work environment, inaccurate information, failure to provide required direction or supervision, breach of applicable law, or failure to comply with its obligations under this Agreement.

Where applicable, Tap’N’Care will maintain Workplace Safety and Insurance Board coverage or equivalent workplace insurance coverage as required by applicable law. Tap’N’Care will be responsible for WSIB or employment-related obligations only to the extent such obligations are legally attributable to Tap’N’Care and not caused by the Client’s acts, omissions, workplace conditions, policies, or instructions.

This indemnity is subject to the limitations of liability set out in this Agreement and does not apply to indirect, incidental, consequential, special, punitive, or exemplary damages, except where prohibited by applicable law.

To the maximum extent permitted by applicable law, Tap’N’Care shall not be liable to the Client or any third party for any loss of use, loss of revenue, loss of profit, loss of data, business interruption, or any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to this Agreement, the mobile app, website, platform, or Services, whether based in contract, tort, negligence, strict liability, or any other legal theory, even if Tap’N’Care has been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, Tap’N’Care’s total aggregate liability arising out of or relating to this Agreement, the mobile app, website, platform, or Services shall not exceed the total fees paid by the Client to Tap’N’Care for the specific services giving rise to the claim during the three (3) months immediately preceding the event giving rise to the claim.

Nothing in this Agreement limits or excludes liability where such limitation or exclusion is prohibited by applicable law.

Tap’N’Care may suspend or terminate the Client’s access to the Services if the Client fails to pay any fees or amounts owing when due and such failure continues for five (5) business days after Tap’N’Care provides written notice of non-payment.

Termination or suspension for non-payment does not relieve the Client of responsibility for any amounts owing to Tap’N’Care up to the effective date of suspension or termination.

During the term of this Agreement, each party may receive or have access to confidential, proprietary, personal, business, operational, technical, financial, client, patient, customer, caregiver, or service-related information belonging to the other party or its affiliates, clients, patients, customers, employees, contractors, or representatives.

Each party agrees to keep such information confidential and to use it only as necessary to perform its obligations under this Agreement, provide or receive the Services, comply with applicable law, or exercise its rights under this Agreement.

Neither party shall disclose the other party’s confidential information to any third party except where required to perform under this Agreement, where authorized by the disclosing party, or where required by applicable law, regulation, court order, government authority, or professional obligation.

Each party shall use reasonable safeguards to protect confidential information from unauthorized access, use, disclosure, loss, or misuse.

The confidentiality obligations in this section shall continue after the termination or expiry of this Agreement for as long as the information remains confidential or as required by applicable law.

This Agreement is intended solely for the benefit of the parties to this Agreement and their respective permitted successors and assigns.

Nothing in this Agreement, whether express or implied, is intended to confer any legal, equitable, or other right, benefit, remedy, claim, or entitlement on any person or entity other than the parties to this Agreement, unless expressly stated otherwise.

This Agreement, and all matters arising out of or relating to this Agreement, shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

The parties agree that the laws of Ontario shall apply without regard to any conflict of laws principles or rules that would require or permit the application of the laws of any jurisdiction other than Ontario.