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TERMS OF SERVICE

Sage Labs (“Sage”, “we”, “us” or “our”) developed this service to make it easy for you to get non-medical, quality home care for yourself or a member of your family. Below is a quick description of the sections in this Terms of Service (“Terms”, “TOS”), you should read each section to understand all the detailed terms of the agreement.

1. WHAT DOES THIS TERMS OF SERVICE APPLY TO?

This TOS applies to the https://www.getsagecare.com website, including all subpages and successor pages (collectively referred to as the “Website”), and also applies to all software and services that Sage offers, including the Sage Android (“Android app”) and iOS (“iOS app”) apps that are made available on Google Play and Apple App store (collectively referred to as the “Services”).

This TOS does not apply to any website, product or service of any third-party company even if the website links to (or is linked from) our Website. Sage does not operate or control those websites, products or services. Please always review the privacy practices of a company before deciding whether to provide any information.

By using our Website or Services, you are accepting the practices described in this Terms. If you do not agree with this TOS, delete all cookies from your browser cache after visiting our Website and do not visit or use our Website or Services. Your continued use of our Website or Services signifies your acceptance of this TOS.

2. USING SAGE
Agreement of Terms of Service

You may use our “Services” only if you can form a binding contract with Sage, and only in compliance with these Terms and all applicable laws.

Age Restriction

By accessing or using the “Services”, you affirm that you are at least 18 years of age. Any use or access by anyone under the age of 18 is prohibited.

Sign-up Process

As part of the sign-up process, you will identify an administrative email address and password for your account. You may use these credentials to invite members within your family to become Members (each with their own email and password) under your account. The number of Members is unlimited at the time this TOS is drafted, however it is subject to change without notice. You are responsible for maintaining the confidentiality of your login, password, and account and for all activities that occur under your login or account, including the activities of Members.

Information Accuracy

You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

Account Access

Your login may only be used by one person – a single login shared by multiple people is prohibited.

Humans only

You must be a human. Accounts registered by “bots” or other automated methods are prohibited.

3. DEFINITIONS
Care Providers

A third party certified care provider or an employee of Sage Labs Incorporated who has been approved and allowed access to the Sage Care system. These are qualified individuals who must have the proper certification for where they are practicing. In Ontario, that certification is a 'Personal Support Work' certificate. All care providers are covered under Sage's insurance policy and have a valid police check and CPR certification.

Clients

Clients are individuals receiving care from care providers. Their care can be arranged by themselves or by a family member.

Family Members

Family members (“Members”) are individuals who can help arrange care for a client. They either created the client's profile or have been explicitly invited to be a family member of a particular client.

Users

Users of Sage can include either clients arranging care for themselves or Family Members arranging care for a Client. They have an account with Sage and have access to the internet dashboard and all other services Sage provides.

Visits

Visits are scheduled services arranged by a User of Sage for a Client.

Tasks

Tasks are detailed instructions of activities to be completed during a particular Visit. There is no guarantee that these tasks will be rendered. Tasks serve as a guideline for Care Providers.

4. DEFINITION OF SERVICES

The Services includes (a) Sage’s platform that supplies care providers (also referred to as “home health aides”, “personal support workers”, “PSWs”) to clients, based on their required services, medical conditions and schedule availability. The main Member for the client who is receiving care from care providers, can see and manage all upcoming scheduled visits via the Sage internet dashboard and emails from Sage. If authorized, notifications of care provider's arrival, departure and visit summaries are sent through email and SMS notifications.

Any modifications and new features added to Sage are also subject to this TOS. Sage reserves the right to modify or discontinue the Services or any feature or functionality thereof at any time without notice to you. All rights, title and interest in and to the Services and its components (including all intellectual property rights) will remain with and belong exclusively to Sage.

5. COPYRIGHT & INTELLECTUAL PROPERTY

We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.

All content posted on the Services must comply with the Canadian Copyright Act.

Sage has adopted and implemented the the Service Copyright Policy in accordance with the Digital Millennium Copyright Act. For more information, please read https://www.getsagecare.com/privacy.

We claim no intellectual property rights over the material you provide to the Services. All materials uploaded remain yours.

Sage does not pre-screen content, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services.

The look and feel of the Service is copyright © Sage Labs, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from Sage.

Sage and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks and service marks associated or displayed with the Services. You will not remove, deface or obscure any of Sage’ or its suppliers' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Service.

6. TEST MESSAGES

Sage may send Members SMS text messages in connection with the Services or otherwise, such as notifying the arrival of a Care Provider at the location associated with a scheduled Visit. Receipt of the SMS text messages from Sage is voluntary. By deciding to receive SMS text messages from Sage, you give Sage permission to send SMS text messages to your cellular phone and/or mobile device. Additionally, You do hereby represent, understand and expressly agree that Sage does not have control over or assume any responsibility for the quality, accuracy, or reliability of this service. Carrier charges may apply for receiving SMS text messages. You are solely responsible for any costs you incur when receiving SMS text messages from Sage.

7. INDEMNITY

By entering into this Agreement and using the Services, you agree to defend, indemnify and hold Sage, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this TOS or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Care Providers arranged via the Services, or (c) your use or misuse of the Services.

8. PAYMENT
Billing information

During the initial intake process, you will be required to add billing information and provide Sage accurate information regarding your credit card. You will promptly update your account information with any changes in your payment information. You agree to pay Sage in accordance with the terms set forth on the Website. The amount that Sage charges is by expressed by hour and does not include Canadian HST. Rates are subject to change and may vary according to the location of a Visit. You authorize Sage to charge your credit card only after a Visit has completed. Sage will send a receipt summarizing the services included in a bill and the total amount charged to the User who has.

3rd Party Payment Gateway

Sage uses a third-party payment processor (“Stripe") to link your credit card account to the Services. The processing of payments or credits, as applicable, in connection with your use of the Services will be subject to the terms, conditions and privacy policies of Stripe and your credit card issuer in addition to these User Terms. Sage is not responsible for any errors by the payment processor. In connection with your use of the Services, Sage will obtain certain transaction details, which Sage will use solely in accordance with its Privacy Policy and Cookie Notice.

Payment Dispute

If you dispute any charges you must let Sage know within sixty (60) days after the date that Sage charges you. All amounts paid are non-refundable and we reserve the right to change our prices in the future. If we increase our price, we will provide notice of the change on the Website and in email to you at least 30 days before the change is to take effect. Your continued use of the Services after the price change goes into effect constitutes your agreement to pay the changed amount. Sage may choose to bill you through an invoice, in which case, full payment for invoices issued must be received by the date specified in the invoice. Past due fees are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection.

Failed Transactions

In the event where the credit card you provided with Sage fails a transaction for any reason, you will be responsible for providing us with a different and validate credit card within 5 business days after the failure takes place. If a different and validate credit card isn’t added to your Sage account within 5 business days, the outstanding balance is subject to a finance charge of 1.5% per month.

9. REPRESENTATIONS AND WARRANTIES

You represent and warrant to Sage that (i) you have full power and authority to enter into this TOS; (ii) you own all Your Data or have obtained all permissions, releases, rights or licenses required to engage in your activities (and allow Sage to perform its obligations) in connection with the Services without obtaining any further releases or consents; and (iii) Your Data and your other activities in connection with the Services, and Sage exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Data contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing.

You also agree NOT to:

- make active attempt to obtain the Sage Care Provider's personal contact information, including phone number, email address and home address;

- make active attempt to independently hire Sage Care Providers, such as setting up visits and/or paying a Care Provider without using the Services, while a Care Provider is legally employed as an independent contractor or employee;

- make active attempt to independently hire Sage Care Providers within 3 months or 12 weeks of the employee’s departure from Sage;

- use the Services to harm minors in any way;

- impersonate any person or entity, including, but not limited to, a Sage employee, Care Provider, or other Member, or falsely state or otherwise misrepresent your affiliation with a person or entity;

- use the Services to upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

- use the Services to upload, post, transmit, or otherwise make available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;

- upload, post, transmit, or otherwise make available any of Your Data that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

10. LIABILITY

The information, recommendations and/or services provided to you on or through the Website and the Service is for general information purposes only and does not constitute advice. Sage will reasonably keep the Website and the Services and its contents correct and up to date but does not guarantee that (the contents of) the Website and/or the Services are free of errors, defects, malware and viruses or that the Website and/or the Services are correct, up to date and accurate.

Sage shall not be liable for any damages resulting from the use of (or inability to use) the Website or the Services (but to the exclusion of death or personal injury), including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the Website or the Services, unless such damage is the result of any wilful misconduct or from gross negligence on the part of Sage.

Sage shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website or the Services, including — but not limited to — damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

Sage will do its best to advise, support and supervise the performance of CPs. However, the quality of the actual care services rendered at the care recipient's home is the responsibility of the Care Provider who ultimately provides such care services to the care recipient. In the event where a bodily injury to the care recipient or property damage at the care recipient’s home is caused by a Care Provider, Sage is obligated to provide an general liability insurance coverage of up to $1,000,000.

11. TERMINATION

Sage reserves the right to (i) modify or discontinue, temporarily or permanently, the Services (or any part thereof) and (ii) refuse any and all current and future use of the Services, suspend or terminate your account (any part thereof) or use of the Services, for any reason, including if Sage believes that you have violated this TOS. Sage shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. Sage will use good faith efforts to contact you to warn you prior to suspension or termination of your account by Sage.

12. GENERAL PROVISION & CONDITIONS

This TOS embodies the entire understanding and agreement between the parties respecting the subject matter of this TOS and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. Sage may change the terms of this TOS at any time by posting modified terms on its website. This TOS has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. Any and all rights and remedies of Sage upon Your breach or other default under this TOS will be deemed cumulative and not exclusive of any other right or remedy conferred by this TOS or by law or equity on Sage, and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in this TOS are for reference only and will not be considered in construing this TOS. Notices to You may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to You generally on the Services. All notices or other correspondence to Sage under this TOS must be sent to the following electronic mail address for such purpose: support@getsagecare.com.

13. CONTACT

Please also feel free to contact us if you have any questions about Sage's Terms of Service or practices. You may contact us at support@getsagecare.com or at our mailing address below:

Sage Labs, Inc.
20 Camden Street, Unit 200
Toronto, ON M5V 1V1

Effective: July 22, 2015