Terms of Service

1. About Carelynk and the nature of the Service

Carelynk operates a technology platform that connects healthcare facilities and organizations (“Facilities”) with qualified healthcare professionals (“Workers”) seeking shift-based and other work opportunities.

Carelynk is a workforce, scheduling, credential, and staffing platform. Carelynk is not a healthcare or clinical provider, does not deliver patient care, and does not create, hold, or process patient clinical records.

Carelynk acts as an intermediary that facilitates connections, scheduling, and related administration. Carelynk is not the employer of Workers and is not a party to any care relationship between a Worker and a Facility or its patients/residents. Nothing in these Terms creates an employment, partnership, joint-venture, or agency relationship between you and Carelynk.

2. Definitions

• Worker / Healthcare Professional — an individual who registers to offer their professional services and accept shifts or assignments through the Platform.
• Facility / Client — an organization or its authorized users that post shifts or engage Workers through the Platform.
• Account — the registered profile through which you access the Service.
• Shift / Assignment — a work opportunity posted on the Platform that a Worker may apply for or accept.
• Content — information, documents, text, and other materials uploaded to or made available through the Service.

3. Eligibility

To use the Service you must be at least the age of majority in your province, be legally entitled to work in Canada, and — if registering as a Worker — hold and maintain the valid licences, certifications, and credentials required for the roles you accept. You are responsible for the accuracy and currency of the information and documents you provide.

4. Accounts and security

You agree to provide accurate, complete information when you register and to keep it up to date. You are responsible for safeguarding your login credentials and for all activity under your Account. Notify us promptly of any unauthorized use. We may suspend or close an Account that contains inaccurate information, is used in breach of these Terms, or where required to protect the Service or its users.

5. Worker responsibilities

If you use the Service as a Worker, you agree to:

• maintain valid, current credentials and provide accurate credential and work-eligibility information;
• honour shifts you accept, arrive and depart at the scheduled times, and follow the Facility’s reasonable on-site requirements;
• communicate promptly and professionally, including when you are unable to attend an accepted shift;
• comply with applicable laws, professional standards, and regulatory obligations governing your profession.

6. Facility responsibilities

If you use the Service as a Facility, you agree to post accurate shift details, to engage Workers in compliance with applicable employment, labour, occupational health and safety, and human-rights laws, and to provide a safe working environment. You are responsible for verifying that engaged Workers are suitable for the work assigned, beyond the information surfaced by the Platform.

7. Shifts, scheduling, and payments

The Platform enables Facilities to post shifts and Workers to apply for or accept them. Posting or accepting a shift through the Platform does not guarantee a particular volume of work or income. Rates and any applicable fees are presented within the Service before a shift is accepted.

Where Carelynk facilitates payment for completed work, payments are processed through third-party payment and banking providers. You authorize Carelynk and these providers to process the payments and related tax documentation (such as T4A reporting) associated with your use of the Service. Carelynk may revise rates, fees, and payment terms on a prospective basis with notice.

8. Acceptable use

You agree not to, and not to permit others to:

• use the Service for any unlawful, fraudulent, or harmful purpose, or to misrepresent your identity, credentials, or eligibility;
• copy, modify, distribute, sell, lease, sublicense, or commercially exploit the Platform except as expressly permitted;
• reverse engineer, decompile, or attempt to derive the source code of the Platform, except to the extent this restriction is prohibited by applicable law;
• scrape, harvest, or systematically extract data from the Service, or access it through automated means without our permission;
• remove or obscure any proprietary notices, or interfere with the security or operation of the Service.

9. Licence to use the Service

Subject to these Terms, Carelynk grants you a limited, revocable, non-exclusive, non-transferable licence to access and use the Service for its intended purpose. All rights not expressly granted are reserved.

10. Intellectual property

The Platform and its contents, features, and functionality — including software, text, designs, and the selection and arrangement of materials — are owned by Carelynk or its licensors and are protected by Canadian and international intellectual property laws. You retain ownership of the Content you submit, and you grant Carelynk a licence to host, use, and process that Content as needed to operate and improve the Service as described in these Terms and the Privacy Policy.

11. Feedback

If you choose to send us suggestions, ideas, or other feedback about the Service, you agree that we may use it without restriction or obligation to you, for the purpose of operating and improving the Service.

12. Privacy and use of data

Our collection and use of personal information is described in the Carelynk Privacy Policy, which forms part of these Terms. By using the Service you acknowledge that operational data generated through your use of the Platform — such as shifts, applications, scheduling, attendance, response times, and outcomes — may be used by Carelynk to operate, evaluate, and improve the Service and to develop new features, including analytics and predictive staffing tools, in accordance with the Privacy Policy and applicable privacy law.

Research use — waiver of liability and indemnity. Where your non-identifiable data are used for research purposes, the limitation of liability and indemnity clauses contained within these Terms of Service (including Sections 16 and 17) are waived with respect to any harms suffered or liabilities incurred as a result of any research activities. This waiver remains in effect until any such dataset is destroyed.

13. Third-party services

The Service may integrate or link to third-party services (for example, mapping and payment providers). Those services are governed by their own terms, and Carelynk is not responsible for them. Your use of third-party services is at your own discretion.

14. Service availability and changes

We may modify, suspend, or discontinue all or part of the Service, and may provide updates from time to time. We aim to give reasonable notice of material changes that affect you, but the Service is provided on an ongoing, evolving basis and we do not guarantee uninterrupted availability.

15. Disclaimers

Except as expressly stated and to the extent permitted by applicable law, the Service is provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Carelynk does not warrant that the Service will be uninterrupted or error-free. Carelynk is a technology intermediary and does not warrant the conduct, suitability, or performance of any Worker or Facility. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including the consumer-protection laws of Nova Scotia.

16. Limitation of liability

To the maximum extent permitted by applicable law, Carelynk and its directors, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, or goodwill, arising out of or related to your use of the Service. To the maximum extent permitted by law, Carelynk’s total aggregate liability arising out of or related to the Service will not exceed the greater of the amounts paid by or to you through the Service in the six (6) months before the event giving rise to the claim, or CAD $100. These limits do not apply to liability that cannot be limited under applicable law. This limitation is subject to the research-use waiver set out in Section 12.

17. Indemnification

You agree to indemnify and hold harmless Carelynk and its affiliates from any claim or demand, including reasonable legal fees, arising out of your breach of these Terms, your misuse of the Service, or your violation of any law or of the rights of a third party. Carelynk will give you reasonable notice of any such claim. This indemnity is subject to the research-use waiver set out in Section 12.

18. Term and termination

These Terms remain in effect while you use the Service. You may stop using the Service and close your Account at any time. We may suspend or terminate your access if you breach these Terms or where reasonably necessary to protect the Service or its users. Provisions that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and indemnification) will survive.

19. Changes to these Terms

We may update these Terms from time to time. If a change is material, we will provide reasonable advance notice (for example, through the Service or by email) before it takes effect, together with an updated effective date. If you continue to use the Service after a change takes effect, you accept the updated Terms. If you do not agree, you may close your Account.

20. Governing law and dispute resolution

These Terms are governed by the laws of the Province of Nova Scotia and the federal laws of Canada applicable there, without regard to conflict-of-laws rules.

If a dispute arises, you and Carelynk agree to first attempt to resolve it informally by contacting each other and negotiating in good faith for at least sixty (60) days. If the dispute is not resolved, it will be subject to the exclusive jurisdiction of the courts of the Province of Nova Scotia, and you and Carelynk consent to that jurisdiction and venue. Nothing in this section prevents either party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction. This section does not waive any non-waivable rights you may have under applicable law.

21. General

These Terms, together with the Privacy Policy, are the entire agreement between you and Carelynk regarding the Service and supersede prior agreements on that subject. If any provision is found unenforceable, it will be limited or severed to the minimum extent necessary and the remaining provisions will stay in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a reorganization, merger, or sale of assets. Section headings are for convenience only.

22. Contact us

If you have questions about these Terms, contact us at info@carelynk.ca or by mail at Carelynk Inc., 208 Charles Road, Timberlea, Nova Scotia, B3T 1N4, Canada.