Terms of Services
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Terms of Service

Last Updated: May 25, 2024

Welcome to comforhome.ca (and Comforhome Ltd. hereinafter referred to as “Comforhome”). We express our gratitude for your visit. The following Terms of Services, Privacy Policy, and all policies posted on our website explicitly outline the terms on which we extend access to and authorize the use of our site, services, functionalities, features, and tools (hereinafter collectively referred to as “Website Services”). A comprehensive overview of our policies is available here. All policies, including the Privacy Policy, form an integral part of these Terms of Website Services. By accessing or utilizing our Website Services, you hereby pledge adherence and compliance to all the aforementioned terms and conditions.

Services on Comforhome

This section outlines the two categories of services provided on Comforhome, each with distinct service providers and corresponding responsibilities:

  1. Website Services provided by Comforhome: We provide comprehensive website services to our users to enable them to create and post listings showcasing their services, including the creation and use of accounts, uploading and editing the content of user’s listings, user interaction, and access to all of the features, functions, and tools available on the Comforhome website. We will do our best to keep the Comforhome website operating legally, securely, and functionally.
  2. Independent Service Providers: Comforhome welcomes the provision of various quality in-home care, personal support, and additional living assistance services, as well as household services focusing on improving the quality of life for individuals and families. Independent service providers register and use the Comforhome Website Services to interact with and provide services to other users. In such cases, Comforhome is only the Website Service provider and is only responsible for the functionality of its Website Services. Independent service providers are solely responsible for the services they provide.

Please note that Comforhome explicitly defines the category and scope of services provided by independent service providers, as described in the relevant sections.

Create an Account.

To utilize and enjoy certain aspects of our Website Services, registration and the creation of an account are required. Your email address and a secure password will be needed to set up your account. You hold sole responsibility for maintaining the confidentiality of your account and taking appropriate measures to safeguard it and ensure its uniqueness to prevent unauthorized access. Transferring your account to a third party without our consent is strictly prohibited.

You also have the option to connect to our Website Services through an independent service. By doing so, you grant us permission to access, store, and utilize the information provided by that service in accordance with their policies, as outlined in our Privacy Policy. If you suspect any compromise or misuse of your account, please reach out to us immediately at info@comforhome.ca

Engaging with the Services.

At Comforhome, we take strict measures to ensure a safe and valuable experience for all our users. Therefore, we have established specific guidelines that need to be followed when using our platform. It is important to note that by using Comforhome, you agree not to:

• Violate any laws or our Prohibited Listings Policy;

• Provide false or misleading information;

• Infringe upon any independent rights;

• Engage in spam, chain letters, or pyramid schemes;

• Distribute viruses or any other harmful technologies;

• Overload our infrastructure or disrupt the proper functioning of Comforhome;

• Replicate, alter, or distribute another person’s content;

• Use automated means to access Comforhome without our permission;

• Collect information about others, including email addresses, without their consent;

• Circumvent any security measures put in place to restrict access to Comforhome;

Abusing Comforhome Services.

For any issues or offensive content, please contact info@comforhome.ca, We are committed to maintaining a properly functioning website. We reserve the right to limit or terminate our Website Services, remove hosted content, and take necessary technical and legal actions to address any problems or violations of our policies. However, please note that we do not accept liability for monitoring Comforhome or for any unauthorized or unlawful content found on the site. Your use of Comforhome implies your acceptance of these terms and conditions.

Global Marketplace.

Please note that Comforhome reserves the right to display your listings on other classified sites in different countries besides ours. By using our Website Services, you agree to have your listings showcased on these external sites. While the terms for these sites are similar to ours, you must know that you might need to comply with additional laws or regulations specific to the country where your listings is published. Should you choose to post your listings on another site, it is your responsibility to ensure that it aligns with the policies of that particular site. We reserve the right to remove any listings that are flagged on any of our websites or if we believe they are causing issues or violating any regulations or policies. Stay updated and in compliance with our terms for a seamless experience.

Fees

Using our Website Services is generally free, but some may come with fees. If a service you use charges a fee, you can review and accept it. Our fees are quoted in Canadian Dollars and may change over time. Any changes to our fee policy will be communicated by posting on the website. We may temporarily adjust our fees for promotional events or new services, and these changes will be effective upon announcement. Please note that all fees are non-refundable and must be paid on time. Failure to do so may result in limitations to your use of the Website Services. In case of payment method failure or overdue accounts, we may employ other collection mechanisms to collect outstanding fees.

Applicable Canadian taxes related to our Services will be collected accordingly. Please ensure you provide accurate address information to comply with relevant laws. Comforhome reserves the right, at its discretion, to determine and collect appropriate taxes if the necessary information is not provided. You are solely responsible for collecting and remitting any applicable taxes resulting from selling your services or items listed on Comforhome.

While most features of the Website Services are available across all Comforhome websites and associated mobile applications, there might be variations in certain features and functionality depending on the website or mobile device you use to access our Website Services.

To use specific functionality on our website, you must be a resident of Canada and legally capable of forming a binding contract under applicable law. This includes being of legal age in your respective Province or Territory. The Comforhome website may have additional requirements outlined in ComforHome’s other policies. Using Comforhome, you agree to comply with all relevant laws and regulations, including licensing and insurance requirements, for any sales and purchases you make from sellers on our platform.

Content.

The Website Services provided on this website include content from us, you, and other users, as well as our independent service providers. By accessing and using the Website Services, you agree not to copy, modify, resell, or distribute any of the Services, including our copyrights or trademarks. When you contribute content to us, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use that content, including the copyright, publicity, and database rights associated with it. If you believe that your rights have been infringed upon, please contact us at info@comforhome.ca, and we will promptly investigate the matter. We reserve the right to remove any content that violates these terms or infringes upon the rights of any other party without prior notice.

Reporting Intellectual Property Infringements (Verified Rights Owners – VeRO). 

Do not post content that infringes the rights of third parties. This includes but is not limited to, content that infringes on intellectual property rights such as copyright and trademark. Do not post content that contains any reference to or likeness of any identifiable third parties unless consent has been obtained from each such individual as may be required. We reserve the right to remove content where we have grounds for suspecting the violation of these terms, our policies or any party’s rights. The following steps are for reporting a listing to Comforhome that you believe infringes on your intellectual property rights. Only the intellectual property rights owner can report potentially infringing items or listings through Comforhome’s VeRO Program. If you have a good faith belief that a listing on any of the Services infringes your copyright, trademark, or other intellectual property rights, all you need to do is contact info@comforhome.ca. After we receive your email, Comforhome will confirm your enrolment in our program. We reserve the right to share, in accordance with applicable law with the third party that originally posted the potentially infringing listing.

Disclaimers and Limitations of Liability. 

Please note that our Website Services are provided “as is” and “as available.” We cannot be held responsible for the actions or content posted by other users. Additionally, we are not responsible for the payment processing of independent payment processors. If you link an Independent Payment Processor account to your Comforhome Account, you acknowledge and agree to be bound by their terms and conditions for payments made through Comforhome. We are not liable for any loss, claims, or damages arising from these independent services.

As user-generated content is prevalent on our Website Services, we do not guarantee any listings or communications’ accuracy, completeness, efficacy, or timeliness. Furthermore, continuous or secure access to our Services cannot be guaranteed. Please be aware that notification functionality within our Services may experience delays beyond our control, such as delays due to physical location or wireless data service provider networks. Therefore, we explicitly disclaim all warranties, representations, and conditions, express or implied, including those relating to quality, merchantability, durability, and fitness for a specific purpose, to the extent legally permitted. We are not liable for any loss of money, goodwill, reputation, or any special, indirect, or consequential damages resulting from your use of Comforhome, even if we were advised or could reasonably foresee the possibility of such damages. Some jurisdictions may not allow the disclaimer of warranties or exclusion of damages, so the mentioned disclaimers and exclusions may not apply to you. If we are found liable, our liability to you or any third party is limited to the greater of (a) the total fees paid to us in the six months before the action giving rise to liability or (b) 100 Canadian Dollars.

Indemnification. 

By using the Website Services provided by Comforhome and its affiliates, you agree to indemnify and hold harmless all Indemnified Parties, including our officers, directors, agents, and employees, from any claims made by third parties. This includes any amounts payable to the third party, whether in settlement or as awarded and reasonable legal costs incurred by any of the Indemnified Parties. This indemnification extends to any alleged violations of the applicable terms and any alleged violations of applicable laws or regulations. Please note that while we reserve the right to assume exclusive defense and control in such matters, it does not excuse your indemnity obligations.

Personal Information.

When utilizing our Services, you acknowledge and consent to Comforhome (the “data controller”) collecting, transferring, storing, and utilizing your personal information. This process occurs on servers located in the United States and the European Union, as detailed in our privacy policy.

General. 

These terms and our other posted policies on the Website Services constitute the entire agreement between you and us, replacing any previous agreements. This agreement is governed by the laws of the Province of Ontario and the federal laws of Canada that apply to it. Both parties agree to the jurisdiction of the courts in the Province of Ontario. Your statutory rights as a consumer and specific topics governed by applicable consumer law will not be affected. Non-enforcement of any provision by us does not waive our right to enforce it later. If a court strikes down any of these terms, the remaining terms will still be valid. We may assign this agreement at our discretion, as outlined in the notice provision below (no notice is required for assignment to an affiliate). Except for notices regarding illegal or infringing content, your notices to us must be sent by registered mail to:

Comforhome

S111-1390 Prince of Wales Dr., Ottawa, ON. K2C 3N6

We will notify you through the email address you provide or by registered mail. If we send notices by registered mail, they will be considered received five days after the mailing date. We reserve the right to update this agreement at any time. The updates will become effective when you next use the site or after 30 days, whichever comes first. Amendments to this agreement must be made in writing, signed by both users and us, in order to be valid.

Contact Us

For inquiries, questions, or assistance related to these Terms or the ComforHome Website, you may contact us at:

ComforHome Ltd.

1390 Prince of Wales Dr.,

Ottawa, ON. K2C 3N6

Tel: +1 (613) 226 6686    +1(613)301 4921

Email: info@comforhome.ca

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