1. Acceptance of these Terms
These Terms of Service ("Terms") form a binding agreement between you and YolanCare governing your access to and use of the yolancare.com website and related services (the "Platform"). By creating an account or using the Platform, you confirm that you are at least 18 years old, that you have the legal capacity to enter into this agreement, and that you accept these Terms, our Privacy Policy, our Community Standards, and — if you provide care — our Independent Contractor Agreement.
2. Marketplace role — YolanCare is not a home care agency
YolanCare operates an online marketplace that helps Families discover, message, and book independent Caregivers. YolanCare does not employ, supervise, direct, refer, or endorse Caregivers, does not deliver care, and does not guarantee outcomes, safety, or the quality of care provided. Caregivers are independent contractors who set their own rates, services, and availability, and are solely responsible for the care they provide.
3. Eligibility and accounts
You are responsible for the accuracy of the information you provide and for all activity under your account:
- You must be 18 or older and legally able to enter into contracts.
- You must provide truthful, current, and complete information and update it as it changes.
- You may not share your account, transfer it, or let anyone else provide services under it.
- You are responsible for keeping your password confidential and for notifying us of unauthorized access.
- We may refuse to create, suspend, or terminate accounts at our discretion, including where required by law or to protect the Platform or other users.
4. Booking, payment, and fees
Families pay the Caregiver's advertised rate plus a 5% service fee through the Platform. Caregivers pay a subscription fee of CAD $19.99 per month after a 14-day free trial, plus a 5% booking fee on completed bookings. All payments are processed by our payment partner Stripe; you authorize Stripe to charge your payment method. Prices are in Canadian dollars unless stated otherwise, and applicable taxes may be added. Refunds and cancellations are governed by our Refund & Cancellation Policy.
5. Off-platform transactions
To keep the marketplace safe and sustainable, Families and Caregivers introduced through the Platform must arrange and pay for care through the Platform. Circumventing the Platform to avoid fees, once introduced through YolanCare, is a breach of these Terms and may result in fees being invoiced or the account being suspended or terminated.
6. Verification
We ask Caregivers to complete identity verification, credential verification, and, where offered, criminal record checks. Verification badges reflect what our vendors have confirmed at the time of verification and are not a warranty of a Caregiver's fitness, character, or professional competence. Families should still meet Caregivers, ask questions, and make their own judgement before booking. See our Background Check disclosure for more detail.
7. User content and reviews
You retain ownership of the content you post to the Platform (profile text, photos, messages, reviews). By posting content, you grant YolanCare a worldwide, non-exclusive, royalty-free licence to host, display, and use it to operate and promote the Platform. Reviews must be honest and based on first-hand experience; we may remove reviews or content that violates our Community Standards or applicable law.
8. Prohibited conduct
You agree not to:
- Use the Platform for anything unlawful, fraudulent, or harmful.
- Misrepresent your identity, qualifications, or credentials.
- Post content that is defamatory, harassing, discriminatory, or invades another person's privacy.
- Attempt to interfere with the Platform, its security, or other users, including scraping, reverse engineering, or bypassing rate limits.
- Solicit users off-platform in order to avoid fees, or arrange payment outside the Platform for services introduced through YolanCare.
9. Independent professional responsibility
Caregivers are solely responsible for practising within the scope of their licence, certification, training, and applicable professional standards. Clinical services (nursing acts, medication administration, wound care, etc.) may only be provided by appropriately licensed professionals such as RNs and RPNs. See our Liability Waiver & Scope of Practice page for more detail.
10. Disclaimers
The Platform is provided "as is" and "as available" without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. YolanCare does not warrant that the Platform will be uninterrupted, error-free, or free of harmful components, or that any Caregiver is a suitable match for your needs. Nothing on the Platform is medical advice.
11. Limitation of liability
To the fullest extent permitted by law, YolanCare and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Platform. YolanCare's aggregate liability to you for any claim relating to the Platform will not exceed the greater of (a) the fees you paid to YolanCare in the 12 months before the event giving rise to the claim, or (b) CAD $100. Nothing in these Terms limits liability that cannot be limited under applicable Canadian law.
12. Indemnity
You agree to indemnify, defend, and hold harmless YolanCare from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Platform, your content, your interactions with other users, or your breach of these Terms.
13. Termination
You may close your account at any time from your account settings. We may suspend or terminate your access to the Platform, with or without notice, if we believe you have violated these Terms or applicable law, or to protect the safety or integrity of the Platform. Sections that by their nature should survive termination will survive, including Sections 4, 10, 11, 12, 14, and 15.
14. Governing law and dispute resolution
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. You and YolanCare agree that the courts of Ontario have exclusive jurisdiction over any dispute arising out of or relating to these Terms, except where applicable consumer-protection law grants you a right to bring proceedings in your home province.
15. Changes to these Terms
We may update these Terms from time to time. When we do we will update the "Last updated" date above, and, for material changes, provide notice through the Platform or by email. Your continued use of the Platform after an update means you accept the revised Terms.
16. Contact
Questions about these Terms can be sent to legal@yolancare.ca, or by mail to YolanCare Legal, Toronto, Ontario, Canada.