SitSwap.ca Terms & Conditions


This agreement is effective upon becoming a member (the "Effective Date") and constitutes your agreement with SitSwap.ca Inc. ("SitSwap.ca") with respect to your use of the SitSwap.ca website (the "Website").

Your access to and use of the Website is subject to the terms and conditions outlined below. Please read these terms and conditions carefully as they form the agreement between us. If you do not agree with these terms and conditions, you may not use the Website. By using the Website after the Effective Date, you are agreeing to be bound by this agreement, including all amendments made to date. As used in this agreement, "we" and "us" mean SitSwap.ca or any successor or assign of SitSwap.ca.

  1. Right to Use
    1. Your right to use the Website is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database or content. We may also restrict your access to parts or the entire Website without notice or liability.
  1. Mother
    1. You represent, warrant and covenant that you are a female at least 18 years old and have one or more children or are the legal guardian of one or more children (a "Mother").
  1. Purpose
    1. We aim to facilitate the occasional, mutual barter exchange of childcare between Mothers in Ontario, Canada.
  1. Code of Conduct
    1. You agree to use the Website in accordance with the following code of conduct:
      1. you will keep all information provided to you through the Website as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;
      2. you will not use the Website to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, pictures, videos or audio recordings which contain libellous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language or images;
      3. you will not forward chain letters through the Website;
      4. you will not use the Website to infringe the privacy rights, property rights, or any other rights of any person;
      5. you will not post or otherwise distribute messages, pictures or recordings or use the Website in any way which:
        1. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, including other intellectual property rights; or
        2. is fraudulent, misleading or otherwise unlawful or violates any law;
      6. you will not use the Website to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;
      7. you will not use the Website to distribute or up load any virus, trojan horses or do anything else that might cause harm to the Website;
      8. you will not use the Website to arrange childcare services under an alternative commercial arrangement, private or professional;
      9. you will not collect or store personal data about others;
      10. you will not impersonate any person or entity for the purpose of misleading others;
      11. you will not attempt to gain unauthorized access to any of the services, other accounts, computer systems or networks connected to the Website through hacking, password mining or any other means;
      12. you will not solicit login information;
      13. you will not develop or operate a third party application containing, or advertise or otherwise market alcohol related or other mature content without appropriate age-based restrictions;
      14. you will not post anyone's identification documents or sensitive financial information on the Website;
      15. you will keep your contact information accurate and up-to-date;
      16. you will not use this Website if you have been or are in the process of being convicted for a criminal offence; and
      17. you will not violate any applicable laws and regulations.
  2. No Responsibility
    1. We are not responsible for the interviewing, screening, reference checking or legal background investigation of our Website's members. This is an action that is the sole responsibility of the members and to be conducted by the members as they see fit.
    2. Members have sole responsibility for their own childcare selections and are encouraged by us to take precautions to ensure the suitability and safety of childcare arrangements.
    3. We will not be liable for any consequences that may arise as a result of relationships formed from the usage of the Website. Members acknowledge that there are inherent risks associated with finding a babysitter through an internet site. Members indemnify and hold SitSwap.ca harmless for choices they make. Members of the service do hereby represent, understand and expressly agree that SitSwap.ca does not have control over the integrity, responsibility, legality, or timing or any other aspect whatsoever of the services actually delivered by members of the service to other members. All members do hereby expressly agree not to hold SitSwap.ca or SitSwap.ca's employees, directors, agents, representatives, advertisers, liable for any instruction, advice or services delivered which originated through the Website.
    4. We expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom. You agree that any and all disputes and causes of action arising out of or connected to the Website shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  1. Monitoring of Information
    1. You acknowledge that all information on the Website posted by members ("Content") is the sole responsibility of the person from whom such Content originated. SitSwap.ca does not control the Content and cannot guarantee the accuracy, integrity or quality of such Content. However, we are entitled to review information posted on the Website and, at our sole discretion, to delete any Content that breaches this agreement. You acknowledge that we have the right to delete Content.
    2. We will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Website and you agree to bear all risks associated with the use of any Content.
  1. Security
    1. To join and use SitSwap.ca, you will be required to complete a registration process and build a personal profile. To do this, you must create a username and password. You are responsible for maintaining the confidentiality of the username and password and also for all activities that take place under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
    2. You will not share your user name and/or password with anyone who is not a member of SitSwap.ca to use the SitSwap.ca service.
    3. You may only create one personal profile.
    4. You may not use account names that are offensive, libellous, or that attempt to masquerade as another user.
    5. You agree that if asked to do so by us or any of our staff, you will identify yourself and provide a contact telephone number on which you can be reached. If you do not comply with such a request, we reserve the right to terminate your account.
  1. Termination of Access to Service
    1. We may, in our sole discretion, terminate or suspend your access to all or part of the Website at any time, without prior notice, for any reason, including, without limitation, breach of this agreement.
    1. You agree that we shall not be liable to you or any third party for any termination of your access to the Website.
    2. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Website or the internet by others may be grounds for termination of your access to all or part of the Website at our sole discretion, and you may be referred to appropriate law enforcement agencies.
  1. External Links
    1. The Website may include links to third party websites that are controlled and maintained by others ("External Links").Any link to other websites is not an endorsement of such websites. You acknowledge and agree that we are not responsible for the content or availability of any such sites or liable for any technical consequences to your personal computer system that may arise from the usage of such links.
    2. We suggest that you review the terms of use and privacy policy of such External Links prior to using them.
  1. Federal/Provincial Laws
    1. You agree to comply with all applicable laws regarding the transmission of technical data and with all local laws and rules regarding acceptable use of and conduct on the internet.
  1. Intellectual Property Rights
    1. The Website, including without limitation, design, text, graphics and all software and source codes connected with the Website, are protected by copyright, trademarks, patents and other intellectual property rights and laws. None of the content may be copied, reproduced, downloaded, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying, and printing of pages of the Website for personal, non-commercial home use only.
    2. We do not claim ownership of any materials you post or submit to any protected or publicly accessible area of the Website. However, by doing so, you are granting us a world-wide, royalty free, non-exclusive license to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such content.
  1. Indemnity
    1. You agree to indemnify us, our directors, employees and agents, from any loss or damages, including without limitation, all claims, actions, proceedings, liabilities, losses, damages, costs, expenses (including reasonable legal costs and expenses), which we may suffer from your activities on or use of the Website, including without limitation any breach by you of this agreement, including but not limited to the code of conduct or any charges or complaints made by other parties against you. You shall cooperate as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
  1. No Warranties
    1. Use of the Website is at your own risk. The Website and its services are provided on an "as is" basis without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, particular purpose, non-infringement, compatibility, security and accuracy.
    2. We will not be liable for any direct, indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
    3. We make no warranty that the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available is free of viruses, bugs or anything else that may be harmful or destructive.
    4. We make no warranty that the Website will meet your requirements or that the Content will be reliable.
    5. We do not represent or endorse the accuracy or reliability of any member profile, advice, opinion, statement or other information displayed, uploaded or distributed through the Website.
    6. Nothing in this agreement shall be construed so as to exclude or limit the liability of SitSwap.ca for death or personal injury as a result of the negligence of SitSwap.ca or that of its directors, employees or agents.
  1. Modifications
    1. We may modify this agreement from time to time. It is your responsibility to check the terms and conditions regularly for any changes. If you do not agree with any of the modifications, you should terminate your use of the Website. Your continued use of the Website following any changes shall be deemed to be your acceptance of any such changes.
  1. Cancellations
    1. Membership sales are final and we do not offer any refunds. Once we have received payment, your account is activated and you are granted full access to the system. Paid memberships cannot be put on hold and used at a later date. If you cancel your account prior to the end of your membership period, we will not provide a partial or full refund.
    1. We reserve the right to change our pricing policy at any time at our sole discretion. We also reserve the right to change the method of payment at our sole discretion.
    2. You are also responsible for any fees or charges incurred to access the Website through an internet access provider or other third party service, including but not limited to telephone charges.
    3. You, and not we, are responsible for paying any amounts billed to your credit card by a third party, which were not authorized by you.
  1. Disclosure
    1. We may need to disclose personal information about you to co-operate with law enforcement authorities to protect the safety of users on the Website. By your use of the Website, you consent to such disclosures and communications subject to the terms of our privacy policy.
  1. Severance
    1. If any provision in this agreement is invalid, illegal or unenforceable under applicable law, then such provision shall be severed and the remaining provisions shall survive and remain in full force and effect.
  1. Assignment
    1. You do not have the right to assign this agreement or any of your rights to the Website to anyone. We have the right to assign any or all of our rights and duties under this agreement or to the Website to any third party. At our election, if our obligations hereunder are assumed by a third party, we shall be relieved of any and all liability under this agreement.
  1. Governing Law
    1. This Agreement is entered into in Ontario, Canada. You agree that it will be governed by the laws of the Province of Ontario and any disputes arising out of this agreement will be subject to the courts of the Province of Ontario and the federal courts applicable within the Province.
  1. Other
    1. If we fail to enforce any provision of this agreement, it will not be considered a waiver.
    2. This agreement makes up the entire agreement between you and us regarding SitSwap.ca and supersedes any prior agreements.
    3. Headings are for convenience only and have no legal or contractual effect.
  1. Privacy and Use of Information
    1. By using the Website and its services, you have also agreed to our privacy policy. See the Website privacy policy disclosures relating to the use of your information.