Terms of Use

1. Who we are, and what these terms cover

iCARE is operated by iCARE Staffing Inc., a company incorporated in Ontario ("iCARE", "we", "us"). Our mailing address is 100 King Street West, Suite 5700, Toronto, ON M5X 1C7.

These terms apply when you use icarestaffing.ca and the iCARE apps: the public website, the Professional app, the Client Command Centre, the Agency Command Centre and the Staff Portal. By creating an account or using the service, you agree to them. If you don't agree, please don't use iCARE.

How we handle personal information is set out in our Privacy Policy, which forms part of these terms.

Some people also sign a separate agreement with us:

• professionals sign the Independent Care Provider Agreement;
• organizations sign a client agreement;
• agencies make an application and sign their own agreement.

Where one of those agreements says something different from these terms, that agreement applies to the matter it covers.

2. What iCARE is

iCARE is healthcare workforce infrastructure. We connect healthcare organizations, including correctional facilities, with verified healthcare professionals. We also handle the scheduling, attendance records, invoices and payments that follow.

iCARE does not provide patient care, and it does not hold patient health information (see section 8). The facility directs the clinical work done in it.

3. Your account

• Eligibility. You must be 18 or older and able to enter into a binding contract. Professionals must hold the registration their profession requires.
• Accurate information. Give us true, current details and keep them up to date. That includes your registration and credentials, which we check with the bodies that issued them.
• One person, one account. Don't share your account or let anyone else use it.

Signing in securely.

• Keep your password private.
• We may ask for a second step when you sign in: a code we email you, or a code from an authenticator app. You may choose to remember a device for 30 days.
• For some sensitive actions, such as changing bank details or making certain account changes, we'll ask you to confirm it's you again, even on a remembered device.
• iCARE will never ask for your password, code or bank details by email, text or phone.

• If something looks wrong. Lock your account from the link in any security email, or call iCARE 24/7 Support on (647) 547-8046.

4. Professionals

4.1 You are an Independent Care Provider.

• You provide your services to iCARE as an Independent Care Provider, not as an employee of iCARE or of any client.
• You choose which offers to accept and set your own availability.
• iCARE withholds nothing from what it pays you: no income tax, CPP or EI deductions.
• You're responsible for your own taxes. iCARE files T4A information returns for amounts it pays you and sends you your slip, as Canadian tax law requires. That's why we ask for your Social Insurance Number.

4.2 Your invoice.

• iCARE prepares a draft invoice for you from your check-in records. Hours come from those records and are never retyped.
• You review the draft, then issue and submit it. You are the issuer of the invoice.

4.3 GST/HST.

• If you are registered for GST/HST, your invoice shows it as its own line.
• iCARE pays the invoice total, including that tax, and you remit the tax to the Canada Revenue Agency yourself.
• GST/HST is never counted as part of your earnings.
• If you aren't registered, your invoice carries no GST/HST.

4.4 Pay periods.

• iCARE pays approved invoices on a schedule that iCARE sets for everyone: weekly, every two weeks or monthly. Your account shows the current schedule.
• The schedule is the same for every professional it covers. Your own timing affects only when you submit, not when the period closes.

4.5 Instant Pay.

• Instant Pay is not available yet.
• When it is, you'll be able to ask for payment before the scheduled release for a flat fee, shown before you confirm. The fee doesn't depend on the amount or on how long you've worked with us.

4.6 No clawback.

• iCARE will never ask you to return money it has already paid you.
• If a client disputes a shift after you've been paid and the dispute is upheld, iCARE absorbs it.
• We also won't reduce a later payment to recover an earlier one.

4.7 Being shown to clients.

• When a client needs staff, we show them your Care Provider Profile and the client copy of your resume, with your name. They never see your home address or anything worked out from where you live, your personal email or phone, your date of birth, your Social Insurance Number or your health information.
• Eligible care providers are shown in a rotating order, so everyone gets a fair turn.
• The client you work for can keep a copy of your profile and resume to record the hire.
• Being shown to clients is part of taking work through iCARE. You can tell us never to put you forward to a particular organization or institution (4.8).

4.8 Places we won't put you forward.

• You can tell us not to put you forward to a particular organization or facility. You never need to give a reason, and we never tell the client.
• You can change this at any time in your settings.

4.9 Bookings.

• A shift is booked only when the facility confirms it. An offer you accept is not a booking until the facility confirms.
• Show up for the shifts you're booked on, check in and out as the app asks, and follow the facility's rules while you're there.

5. Organizations and facilities (clients)

• Your organization's account is set up by iCARE, and your users join by invitation.
• Your client agreement sets out rates, invoicing, payment terms and service levels.
• Only your facility confirms a booking and approves a timecard. iCARE's operations team routes, reminds and escalates; it never confirms or approves on your behalf.
• Before you choose, you see each eligible professional's Care Provider Profile and the client copy of their resume (section 4.7). You may keep a copy only of the profile and resume of the professional you book, to record the hire.
• For 12 months after a professional first works a shift for you through iCARE, don't engage them directly or through another business, except as your client agreement allows and with the conversion fee it sets.
• You remain responsible for supervising clinical work in your facility and for the records your facility keeps.

6. Agencies

• An agency on iCARE is set up by a professional who already has an iCARE account. It is verified (KYB) before it can operate, and no payment is taken before verification.
• People who work through an agency are care providers who are not employees of iCARE.
• An agency is a business supplier to iCARE. When iCARE pays for an agency shift, it pays the agency, and the agency reports its own income.
• An agency's own clients, and the agency's invoices to them, are the agency's business. iCARE isn't a party to that money.
• An agency invites a professional by their email or iCARE profile code. Nothing about the professional is shared with the agency until the professional accepts the invitation.
• Subscription plans, prices and billing are set out in the agency's plan and its invoices.

7. iCARE employees

If you work for iCARE as an employee, your employment terms are in your employment agreement. These terms cover your use of the Staff Portal.

8. Acceptable use, and no patient health information

8.1 Never put patient or inmate health information into iCARE. iCARE is not built to hold it. This applies to every message, note, ticket, chat and upload. Patient and clinical records belong in the facility's own systems.

8.2 Uploads.

• Upload only what a screen asks for, such as your credentials, receipts or a profile photo.
• Every upload is checked for malware and screened for health information before anyone can open it. We may refuse or remove an upload that fails these checks.
• Your profile photo is optional, is never shown to clients, facilities or agencies, and never affects which shifts you're offered.

8.3 Don't:

• break the law, or use iCARE to harass, discriminate against or harm anyone;
• give false information, impersonate someone, or upload documents that aren't genuine;
• try to get into accounts, records or parts of iCARE you aren't entitled to, or test our security without our written permission;
• copy, scrape or resell data from iCARE, or interfere with how it runs;
• use iCARE to send spam or unsolicited messages.

We may remove content that breaks these rules.

9. Signing electronically

You agree that documents you accept or sign in iCARE, such as quotes, agreements and invoices, can be signed and kept electronically, and that an electronic signature has the same effect as one on paper. Our signature records follow Ontario's Electronic Commerce Act, 2000 and Part 2 of PIPEDA.

10. Suspension and closing your account

10.1 Suspension.

• We may suspend an account if these terms or a signed agreement are broken, if we need to protect people or the service, or if the law requires it.
• While suspended, you can still see your earnings, issue and submit invoices for work completed before the suspension, and ask for a copy of your personal information.

10.2 Closing your account.

• You can ask to close your account from your settings.
• Closing your account doesn't cancel what we owe you: we still pay for work you've completed.
• We keep financial and tax records for as long as the law requires, even after closure. Our Privacy Policy explains how long.

10.3 Ending a booking or the service.

• Cancelling a booked shift follows the rules shown for that shift and, for clients, the client agreement.

11. Intellectual property

• The iCARE name, logo, website, apps and content belong to iCARE or its licensors. You may use them only to use the service.
• What you upload stays yours. You give iCARE permission to store, process and show it as needed to run the service for you, and as our Privacy Policy describes.
• If you send us suggestions, we may use them without owing you anything.

12. The service, as is

• We work to keep iCARE available and accurate, but we can't promise it will always be uninterrupted or error-free.
• Some features depend on outside services and may slow down or pause. When they do, the app tells you what is affected.
• Matching and verification support people's decisions; they don't replace them. A person at the facility chooses and confirms every booking.
• iCARE doesn't guarantee that any professional will accept an offer, or that any shift will be offered to you.

13. Limits on liability

To the extent the law allows:

• iCARE isn't liable for indirect, incidental, special or consequential losses, or for lost profits or data, arising from your use of the service.
• iCARE's total liability to you for all claims about the service is limited to the fees you paid iCARE in the 12 months before the claim arose.

Nothing in these terms limits liability that the law doesn't allow us to limit. This cap never reduces what iCARE owes a professional for completed work, and it never affects the no-clawback promise in section 4.6.

14. Each of us covers our own breach

If you break these terms or the law and that leads to a claim against iCARE by someone else, you'll cover iCARE's reasonable losses from that claim. If iCARE breaks these terms or the law and that leads to a claim against you by someone else, iCARE will cover your reasonable losses from it. Neither of us covers a loss the other caused.

15. Changes to these terms

• We may update these terms. The version and its date are shown at the top.
• If a change is significant, we'll tell you in the app or by email, and it takes effect 30 days after that notice.
• If you keep using iCARE after a change takes effect, the new version applies. If you don't agree, you can close your account.

16. Governing law

• These terms are governed by the laws of Ontario and the federal laws of Canada that apply there.
• Any dispute about these terms or the service is heard by the courts of Ontario sitting in Toronto. Nothing requires mediation first, though we're always willing to talk a problem through.

17. General

• If any part of these terms can't be enforced, the rest still applies.
• If we don't enforce a term right away, we haven't given it up.
• You can't transfer your account or these terms to someone else. We may transfer them to a business that takes over the service, and we'll tell you if we do.

18. Contact

• Privacy questions, or to see or correct what we hold: privacy@icarestaffing.ca.
• Anything else: support@icarestaffing.ca, or call iCARE 24/7 Support on (647) 547-8046.
• By mail: 100 King Street West, Suite 5700, Toronto, ON M5X 1C7.