Terms of Use

Last Updated: March 25, 2021.

This website and the Support Worker Central services are owned and operated jointly by the Family Support Institute of BC and Vela Microboard Association of British Columbia. 

Please carefully read these Terms of Use before using this website or the Support Worker Central services. These Terms of Use are a binding agreement that governs the use of this website and the Support Worker Central services, exempts us and other persons from liability, specifies the jurisdiction for the resolution of disputes and contains other important provisions.

By using this website or the Support Worker Central services, you acknowledge and signify that you have read, understand and agree to these terms of use. If you do not agree to these terms of use, then you may not use this website or the Support Worker Central services.

  1. Introduction
    1. Your Acceptance of these Terms of Use:  These Terms of Use are a binding agreement between the Family Support Institute of BC (“FSI”) and VELA Microboard Association of British Columbia (“VELA”) (together, “we” or “us”) and you regarding your access to and use of the Support Worker Central website (the “Website”). Each time you use the Website, you signify your unconditional acceptance and agreement, without limitation or qualification, to the most current version of these Terms of Use. If you do not unconditionally accept and agree to these Terms of Use, then you may not use the Website.
    2. Changes to these Terms of Use:  We in our discretion may change these Terms of Use at any time and from time to time, without any prior notice, by posting the changed Terms of Use on the Website. The changed Terms of Use are effective immediately on posting on the Website, unless the changed Terms of Use expressly state otherwise. It is your responsibility to check the “Last Updated” date at the top of these Terms of Use and review any changes since the previous version. By using the Website or the Services after these Terms of Use have been changed by us, you signify your unconditional acceptance and agreement to be bound by the changed Terms of Use. You may not change these Terms of Use in any manner.
  2. The Website
    1. General:  In these Terms of Use, a reference to the Website includes all public portions of the Website that are available to the general public and, if you have registered to use the Services (as defined in Section 4), any non-public portions of the Website that are accessible only through an Account (as also defined in Section 4). If you have registered to use the Services through an Account, additional terms and conditions set out in Section 4 will apply.
    2. Permitted Users:  The Website may be used only by individuals (natural persons) who are the age of majority in the jurisdiction in which they live and are capable of forming a binding contract under applicable law. You may not use the Website if you do not accept and agree to these Terms of Use, if you have breached these Terms of Use or if your permission to use the Website has been suspended or terminated by us.
    3. Permitted Use of the Website:  Subject to these Terms of Use and all applicable laws, you may use the Website for your lawful, personal use for non-commercial purposes only, only in the manner purposefully made available by us and in accordance with these Terms of Use and all applicable laws. Use of the Website for any other purpose or in any other manner is strictly prohibited.
    4. Prohibited Use of the Website:  You will not:  use the Website in any manner or for any purpose except as expressly permitted by these Terms of Use;  use the Website for a commercial or business purpose (whether or not for profit) or on behalf of, or for the benefit of, any other person;  use the Website in a manner not in accordance with applicable law;  attempt to circumvent the ordinary navigational structure, technical delivery systems or display of the Website or attempt to access or use the Website by any means that is not purposely made available for that purpose by us;  use the Website in a way that interferes with or disrupts the security, integrity, functionality, operation or performance of the Website or any related computer system, network or data;  license, sublicense, grant, sell, resell, lend, rent, lease, loan, share, transfer, assign, pledge, copy, reproduce, distribute, imitate, publish, republish, translate, repost, publicly display, publicly perform, transmit, distribute, create any interest in, commercially exploit, or otherwise give or make available or permit access or use of the Website to or for the benefit of any other person, whether as a service bureau or otherwise, and with or without charge;  index, crawl, catalogue, mirror, frame, scrape, cache, or otherwise collect or mine data from the Website for any purpose whatsoever, using any technologies, tools or methods (including robots, spiders, crawlers, or other automatic devices, programs or methodologies) whatsoever;  alter, violate, circumvent, conceal, modify or remove any notices (including proprietary rights notices), proprietary codes or locks, means of identification, digital rights tools or management information, technological protection measures, security or control measures, or agreements on, in or in relation to the Website; or  authorize, permit, assist, encourage or enable any other person to do any of the foregoing or to use the Website in a way that would constitute an infringement of our rights or a breach of these Terms of Use if it were done by you. The foregoing restrictions do not apply if and to the extent, but only to the extent, that the restrictions are prohibited by applicable law.
    5. Personal Information Privacy:  By using the Website, you consent to the collection, use, disclosure and retention of your personal information by or on behalf of us as explained in the Support Worker Central Privacy Policy (online: https://www.supportworkercentral.ca/privacy-policy/), as revised from time to time, and as otherwise permitted by applicable law.
    6. Your Information:  You will ensure that all information you provide to us, through the Website or otherwise, including information regarding your Account (as defined in Section 6, below) is true, accurate, current and complete. We will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to promptly update your information if it changes.
  3. Website Content
    1. No Advice:  The Website is for informational and educational purposes only. The Website is not intended to be a comprehensive or detailed statements concerning the matters addressed, and is not professional advice or recommendations (including healthcare, legal or other professional advice). Neither the information and content on or available through the Website nor your interactions with us will constitute a healthcare provider-patient or solicitor-client relationship. It is your responsibility to obtain appropriate advice suitable to your particular circumstances from a qualified professional before acting or omitting to act based on any information obtained on or through the Website.
    2. Information, Errors and Changes: The information and content on or available through the Website is updated periodically, but is not intended to be a comprehensive, current or complete statement of all matters and developments concerning us and our services. The information and content on or available through the Website might not be accurate, current or complete, and misprints, errors, inaccuracies or omissions or other errors might not be corrected. We do not warrant that the content of the Website is accurate or complete and we accept no liability whatsoever for any information or content on or available through the Website. We reserve the right to:  correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; and  change at any time the content of the Website, including any services available through the Website, without any notice or liability to you or any other.
    3. Linked Sites:  For your convenience, the Website may contain links or references to websites or resources operated by independent persons (collectively “Linked Sites”). Linked Sites are independent from the Website, and we do not endorse, and have no responsibility or liability for or control over, any Linked Site, any products, services or content available through a Linked Site or the collection of your personal information through a Linked Site or by the owner or operator of a Linked Site. Your use of a Linked Site and your dealings with the owner or operator of a Linked Site are at your own risk, and you will not make any claim against us arising from, connected with, or relating to your use of a Linked Site, your dealings with the owner or operator of a Linked Site or any product, service or content available through a Linked Site.
  4. The Support Worker Central Services
    1. Application: If you register for an Account, this Section 6 applies to your access and use of the Services through your Account until you or we terminate your Account in accordance with Section 4(h).
    2. Definitions:  In this Section 6:  Account” means a valid and subsisting account for use of the Services;  Content” means text, information, graphics, photographs, images, audio, video, location data and other forms of data or communication;  Profile” means the profile you create for use of the Services that is visible to Third Party Users;  Services” means the matching database connecting individuals and families with disabilities to support workers known as Support Worker Central;  Third Party User” means any other person accessing or using the Services through an Account, including support workers and individuals seeking to hire a support worker;  Third Party Content” means Content submitted, uploaded, posted or provided by any Third Party User of the Services;  your Content” means Content submitted, uploaded, posted or provided by you to the Services, including your Profile and Content you communicate directly to a Third Party User through the Services.
    3. Services:  We will make the Services available to you for the sole purpose of facilitating connections between support workers and individuals seeking to hire a support worker to assist themselves or a family member with a disability. You will use the Services and Content available through the Services (including Third Party Content) solely for the purpose for which we make it available to you, only in the manner expressly permitted by us, and in accordance with these Terms of Use, including any acceptable use or similar policies we may implement from time to time and all applicable laws. Use of the Services or Third Party Content for any other purpose or in any other manner is strictly prohibited. We in our discretion may immediately suspend the availability of the Services without any notice or liability to you or any other person.
    4. Account:  You are required to have an Account in order to use the Services, and you agree to maintain the confidentiality of your Account username and password. You are fully responsible and liable for all use and misuse of your Account. You will not permit any other person to use your Account and you will immediately notify us if there has been any unauthorized access to or use of your Account. You represent and warrant that all information you provide to us in connection with your Account is true, accurate, current and complete.
    5. Your Content:  You are solely responsible and liable for your Content, including ensuring that your Content complies with these Terms of Use and all applicable laws and that your your Content is true, accurate, current and complete. You will ensure that your Content is not obscene, defamatory, threatening, harassing, abusive, embarrassing, discriminatory (including with respect to gender, race, sexual orientation, religious affiliation, disability, ethnicity or family status) or otherwise inappropriate. We reserve the right, but have no obligation, to monitor your Content, and we may remove any of your Content that we in our discretion consider to be inappropriate, unlawful or in violation of these Terms of Use or report any of your Content that we believe is unlawful to applicable law enforcement agencies. You acknowledge that your Content may be available to and accessible by Third Party Users of the Services, and that we have no responsibility or liability for or control over the use of your Content by Third Party Users or any other person.
    6. Third Party Users and Third Party Content:  We have no responsibility or liability for or control over the conduct of Third Party Users or any Third Party Content. We do not monitor Third Party Content and we do not guarantee the accuracy, veracity or completeness of any Third Party Content. You are solely responsible for your selection and use of Third Party Content and your interactions with Third Party Users, and you interact with Third Party Users and rely on Third Party Content entirely at your own risk. If you believe any Third Party Content is inappropriate, unlawful or in violation of these Terms of Use, please contact us. 
    7. Offline Contact with Third Party Users:  You acknowledge that there are inherent risks associated with interacting with an individual introduced to you online. You further acknowledge that any offline interactions that may occur between you and a Third Party User are not part of the Services and are not governed by these Terms of Service, we have no responsibility or liability for or control over any of those offline interactions, and your offline interactions with any Third Party User are entirely at your own risk. If you are an individual seeking to find a support worker, you acknowledge that it is your responsibility to take all actions that may be necessary or advisable before engaging a support worker to perform support worker services for you or any other person, including conducting all appropriate police information checks, criminal record checks and vulnerable sector searches, making all appropriate employment- and education-related inquiries and seeking all appropriate advice. If you are a support worker, you acknowledge that it is your responsibility to take all actions that may be necessary or advisable before agreeing to perform support worker services for any person, including making all appropriate inquiries and seeking all appropriate advice.
  5. Account Termination: You may terminate your Account effective immediately by providing ten (10) business days’ written notice to us or by deactivating your Account using the functionality provided by us for that purpose. We may terminate your Account effective immediately for any reason whatsoever and without notice or liability to you or any other person, including if we in our discretion believe you have breached these Terms of Use or if your Account has not been used for more than ninety (90) days. On termination of your Account:  you will no longer be able to access your Account, any of your Content or the Services; and  each of you and us will remain responsible and liable for all of your and our obligations and liabilities arising prior to the termination of your Account. If we terminate your Account due to a breach of these Terms of Use, you are strictly prohibited from registering for another Account to access and use the Services.
  6. Proprietary Rights
    1. Ownership of Website and Services:  Copyright © 2021. Family Support Institute of BC. All Rights Reserved. As between you and us, the Website, the Services and the technologies and data used to operate the Website and Services and all related proprietary rights (including copyright) are owned solely by us and our licensors and are protected by Canadian and international intellectual property laws. You will not acquire any right, title or interest in, to or associated with the Website or Services or any related technologies and data.
    2. Trademarks:  Support Worker Central, the Support Worker Central logo and other related trademarks and symbols are registered or unregistered trademarks, service marks and trade names owned or used under license by us. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of the trademarks, service marks or trade names displayed on the Website is strictly prohibited, and nothing appearing on the Website will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of those trademarks, service marks or trade names.
    3. Feedback:  If you give any feedback to us (including ideas or suggestions for enhancements or improvements) about the Website, the Services or any related matter, then we and our licensors and their respective successors, assigns and licensees may use and commercialize the feedback without providing any compensation to you or any other person, and we and our licensors and their respective successors, assigns and licensees will at all times solely own and retain all rights, title and interests (including all intellectual property rights) throughout the world in, to and associated with all works created, enhanced or improved using or based on the feedback. For greater certainty, you will not include in any feedback any information that is confidential or proprietary to you or any other person.
  7. Disclaimers/Liability Exclusions
    1. General Disclaimer:  To the fullest extent permitted by applicable law, the Website is made available and provided to you on an “as is”, “as available” and “with all faults” basis and without any representations, warranties, conditions or guarantees of any nature or kind whatsoever, whether express, implied or statutory, or arising from custom or trade usage or by any course of dealing or course of performance, including any representations, warranties, conditions or guarantees of or relating to accuracy, capacity, completeness, delays, durability, errors, fitness for a particular purpose, lack of negligence, viruses or other harmful component, interrupted service, merchantability, non-infringement, performance, results, quality, timeliness, title or workmanlike effort, all of which are hereby waived by you and disclaimed by Support Worker Central Group to the fullest extent permitted by applicable law; and no representations, warranties, conditions or guarantees will be created by any advice or information, whether oral or written, provided by or on behalf of Support Worker Central Group. If you are dissatisfied with the Website, your sole remedy is to discontinue use of the Website.
    2. Technology Disclaimer:  You acknowledge that the Website might be affected by circumstances beyond our control, might not be continuous, uninterrupted or secure, and are subject to limitations, delays and other problems inherent in the use of the internet and electronic communications. We are not responsible or liable for any delays, failures or any damage, loss or liability resulting from any of those problems. You acknowledge that security measures used by or on behalf of us and our subcontractors and service providers might not protect the Website or data you submit to the Website. We are not responsible or liable for any unauthorized access to, or use, alteration, theft or destruction of, the Website or any data submitted to the Website, whether through accident, fraudulent means or devices, or any other method.
    3. Third Party User Disclaimer:  You are solely responsible and liable for the selection of Third Party Content to achieve your intended results, and you interact with Third Party Users and use Third Party Content entirely at your own risk. We do not make or give any representation, warranty, condition or guarantee of any nature or kind whatsoever, whether express, implied or statutory, or arising from custom or trade usage or by any course of dealing or course of performance, regarding any Third Party Content or that your interactions with Third Party Users will achieve your intended results. Support Worker Central Group does not control, and is not responsible or liable for, any Third Party User. You are solely responsible and liable for taking all actions that may be necessary or advisable before interacting with a Third Party User offline, including conducting all appropriate police information checks, criminal record checks and vulnerable sector searches and making all appropriate employment- and education-related inquiries.
    4. No Professional Advice:  the Website does not constitute or include any kind of professional advice, including any healthcare or legal advice. You are solely responsible and liable for conducting all necessary inquiries and investigations (including conducting appropriate due diligence) and obtaining all appropriate professional advice (including healthcare and legal advice) that may be necessary or advisable in connection with your use of the Website.
    5. Liability Exclusions: To the fullest extent permitted by applicable law, in no event and under no circumstances will Support Worker Central Group be liable to you or any other person for any loss, damage or liability (including direct, indirect, special, incidental, consequential and punitive damages) arising from, connected with or relating to your use of, or inability to use, the Website or any related matter, under any theory (including contract, tort, strict liability, statutory liability or any other theory of law), regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by or on behalf of Support Worker Central Group, even if other remedies are not available or do not adequately compensate you or any other person for the loss, damage and liability and even if Support Worker Central Group knew or should have known of the possibility of the potential loss, damage or liability being incurred.
    6. Reservation:  The laws in some jurisdictions prohibit or limit the disclaimer of certain warranties and conditions or the exclusion or limitation of certain liabilities, and so the disclaimers and liability exclusions and limitations in these terms and conditions might not apply to you.
    7. Definition:  In these Terms of Use, “Support Worker Central Group” means FSI, VELA and each of their respective licensors, suppliers and service providers, and each of their respective directors, officers, employees, contractors, agents, shareholders, distributors, and representatives, jointly and severally. 
  8. General
    1. Restrictions/Changes/Termination:  We in our discretion may change, suspend or terminate the Website, or limit, suspend or terminate your use of terminate the Website, effective immediately at any time and without any prior notice or liability to you or any other person. The Website may be interrupted or unavailable from time to time, including for maintenance or due to causes beyond our control, all without notice or liability to you or any other person. If your permission to use the Website is terminated for any reason, then these Terms of Use will continue to apply and be binding regarding your access to and use of the Website before termination and all related matters (including any related dispute).
    2. Governing Law:  These Terms of Use and the Website and all related matters are governed by, and will be construed and interpreted solely in accordance with, the laws of the Province of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of the laws of any other jurisdiction. To the fullest extent permitted by applicable law, you and we hereby irrevocably attorn to the exclusive jurisdiction of the courts in the City of Vancouver, British Columbia, Canada with respect to the resolution of any disputes hereunder.
    3. Miscellaneous:  These Terms of Use are binding on you and your heirs, executors, administrators, successors and personal representatives. These Terms of Use are for the benefit of Support Worker Central Group. No consent or waiver by us to or of any breach of these Terms of Use by you will be effective unless in writing and signed us or will be considered to be a consent to, or waiver of, a continuing breach or any other breach by you. The rights and remedies of Support Worker Central Group under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which Support Worker Central Group may be lawfully entitled under these Terms of Use or at law, and Support Worker Central Group may pursue any and all rights and remedies concurrently, consecutively and alternatively. You will not assign or transfer these Terms of Use or any of your rights and obligations under these Terms of Use. We may, without your consent, assign our rights and obligations under these Terms of Use. If any provision of these Terms of Use is held by a court or arbitrator of competent jurisdiction to be unenforceable or invalid for any reason, then the provision will be deemed severed from these Terms of Use and the remaining provisions will continue in full force and effect unless as a result of the severance these Terms of Use would fail in their essential purpose.
    4. Survival:  Notwithstanding any other provision of these Terms of Use, each of Sections 5, 6, 7 and 8, and all other provisions necessary to the interpretation or enforcement of those sections, will survive the expiration or termination of these Terms of Use and will remain in full force and effect and be binding on you and us as applicable.
    5. Interpretation:  In these Terms of Use:  a reference to “Terms of Use” refers to these Terms of Use as a whole, and not just to the particular provision in which those words appear;  headings are for reference only;  words importing the singular number only include the plural, and vice versa;  “person” includes an individual, corporation and any other legal entity;  “including” or “includes” means including or includes (as applicable) without limitation or restriction;  “law” includes common law, equity, statutes and regulations; and  “discretion” mean a person’s sole, absolute and unfettered discretion.
    6. Complete Agreement:  These Terms of Use set out the entire agreement between you and us regarding your use of the Website. These Terms of Use may not be modified except as set out in section 1(a). There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and us regarding the Website.

 

IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS of Use, THEN YOU MAY NOT USE THE WEBSITE.

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