Terms

The following are the Terms & Conditions for Ayah Nannies. The Site is operated by Ayah Nannies.  By accessing, browsing or using this Site, you are agreeing to be bound by these Terms & Conditions and all applicable laws and regulations.  You are also bound by the following Terms & Conditions by checking the check-box on the left and clicking “Send Application” button on the Family Application Form.

Ayah Nannies may, in its sole discretion, modify or revise these Terms & Conditions from time to time without notice and you agree to be bound by such modification or revisions. You should visit this page periodically to review these Terms & Conditions.

Roles and Responsibilities of Ayah Nannies and Employer

Ayah Nannies will make its best efforts to recruit quality Caregivers and ensure that each Caregiver meets the criteria required by Immigration in to be approved for the Live-in Caregiver Program.

The Employer shall refrain from making any private agreement with the Caregivers or from taking any action which is inconsistent with this agreement or which has the effect of avoiding any of the Employer’s obligations hereunder.  Such private agreements and actions include, but are not limited to, actions which would enable the Employer or any other person to avoid payment of the placement fees due to Ayah Nannies, as, for example, if the Employer gives the name of one of our Caregivers to another person who subsequently employs the Caregiver.

Upon request of the Employer, Ayah Nannies will facilitate reasonable number of phone or in-person interviews with potential Caregivers and will assist the Employer with selection of a suitable Caregiver. The Employer is aware that although Ayah Nannies assists the Employer in referring a Caregiver to work in the Employer’s home, Ayah Nannies cannot predict the candidate’s future behavior, actions or performance and only the Employer can assess the Caregiver’s competence and appropriateness for the Employer’s position.

The Employer also understands that he/she takes full responsibility for the decisions to hire and to continue to employ the Caregiver and that the role of Ayah Nannies is limited to supplying Caregivers for the Employer’s consideration and verifying the credentials of the Caregiver. The Employer shall, at all times, have the right to refuse hiring any candidate being considered during the referral process.

Ayah Nannies will prepare all the necessary documents, such as an application for live-in Caregiver for Service Canada and a customized Work Contract, which will include, but will not be limited to, the topics of wages, work schedule, duties, benefits, house rules and other matters, and submit them to the Employer for review and signatures.  Ayah Nannies will then instruct the Employer on how to submit the documents to Service Canada. Ayah Nannies will assist the Caregiver with the submission of his/her Work Permit Application and supporting documents to the appropriate Immigration office and will advise the Caregiver in all relevant immigration matters to the best of their ability.

Application Form
By checking the check-box on the left and clicking on the “Send Application” button, the employer hereby certifies that the information provided on the “Family Application” form is true, and agrees to release and promise to hold Ayah Nannies harmless for any act of the Caregiver. The employer also certifies that they have read, understood and agree to be bound by the TERMS AND CONDITIONS of Ayah Nannies. The employer understands, that they am under no obligation to hire a Caregiver from Ayah Nannies by submitting this form, and that the agency fee and recruitment fee are due upon the signing of a binding contract between the Caregiver and Employer. The employer understands that they are responsible for the Caregiver’s transportation costs, private health insurance coverage for up to three months and all applicable source deductions. If the placement does not work out within the first three months, and the Caregiver leaves or is terminated, Ayah Nannies will replace one caregiver free of charge, as long as the employer has complied with Canadian Employment and Labour Standards and with the Ayah Nannies terms and conditions. The employer will still be responsible for the replacement Caregiver’s recruitment fee and transportation costs according to the Federal requirements.

Privacy Policy

At Ayah Nannies it is extremely important to us to provide as much privacy protection as possible. We treat your personal information with the utmost respect and in accordance with this Privacy Policy.  This Privacy Policy explains how personal information about you may be collected, used, or disclosed as a consequence of your activities on the ayahnannies.com web site. We urge you to read it fully.

By registering or submitting any information through the use of this site, or by otherwise accessing this site, you agree to the terms of this Privacy Policy and consent to the policies and practices described for the collection, use or disclosure of personal information.

Ayah Nannies collects personal information from our clients in the regular course of doing business. Our primary goal in collecting any personal information is to provide you with an efficient and customized service.

As part of the normal operational procedures we collect and, in some cases, may disclose information about you. By accepting this Privacy Policy and our Terms & Conditions, you expressly consent to our use and disclosure of your personal information in the manner described in this Privacy Policy.

The Information We Collect
In order to facilitate the process of connecting families to potential caregivers, families are required to complete an online Family application form.  This information is held strictly confidential and stored securely. We will use this information only to facilitate to contact you and to provide the services rendered. We will not sell or provide any of this information to organizations that may be interested in making unsolicited contacts, and we will not disclose it to any third-party except as may be required by law.

Contact and identification information: your name, address, postal code, telephone number and e-mail address.

Your personal information: marriage status, date of birth, gender, nationality, religion, your pictures, education, interests and hobbies and other details related to your personal skills.

Your work experience: Information regarding your previous work experience, your job preferences, references from previous employers and information regarding your recruitment needs.

Your relationship information: information related to your preferences, service needs and decision-making, customer service inquiries and feed-back, and other information requested or provided by you.

Billing information: When you will be asked to provide billing information such as your credit card number, expiration date and billing address. The server that your credit card number and expiration date is collected on uses encryption technology to protect the information while in transit, via the Internet to PayPal.com. This information is not known to us and is not stored in our database.

Anonymous Information
Anonymous Information is used primarily by us and our business partners to measure the number of visits, average time spent, page views, and other statistics about visitors to this site. We may also use this data to monitor site performance for systems administration purposes, to make this site easier and more convenient to use.

We use third-party company products to analyze traffic to the website and to count the number of users that visit a page. These products may use “cookies” and other tracking technologies.

A “cookie” is a small text file that may be used, for example, to collect information about Internet activity. We may use ‘cookies’ to simplify the user’s experience. Some cookies and other technologies may serve to recall personal information previously indicated by a user. A “cookie” is a small piece of information that our Web server automatically sends to your browser for storage on your computer, which then permits our Web server to recall information about your preferences as a part of the Anonymous Information.  Please note that portions of this site will not function if you do not accept cookies.

If cookies are enabled for your Internet browser, then they are used to help us measure the number of visits, average time spent, page views, and other statistics relating to your use of this site. If you are performing a search on our site, then a cookie is used to carry the search request data from the request page to the results page.

Our web server may collect the IP address and the name of the Internet service provider (“ISP”) associated with the computer from which you accessed this site, the type and version of Web browser and operating system that you are using, and the address of the Web site that you visited prior to this site.

If your web browser is configured to accept cookies, we may place either temporary cookies (only until you exit your current browser window) or permanent cookies (until you manually disable or delete the cookie using your browser software) on your computer.

With the exception of the anonymous Information described above, you will always know when we are collecting information from you and therefore have the opportunity not to provide the information.

Most browsers allow you to control cookies, including whether or not to accept them and how to remove them.  You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser, but please note that if you choose to erase or block your cookies, certain portions of our Site may become inaccessible and or site will not function properly.

We use a third-party advertising company to serve advertisements on our behalf across the Internet. That advertising company may also collect anonymous information about your visits to our websites.

How We Use Your Information:

1. Your information is used primarily to update you on the site and by email regarding new site developments and information about our services  or those of our affiliates, to answer your questions and to provide you  with services that you have requested.
2. User Information may also be used to determine appropriate new features, content or services for this site, to provide advertisers and business partners with aggregate but not personally identifiable  information about our customers and their preferences, including  statistical information about the source of visitors, sales, traffic  patterns and use of services.
3. If you have submitted a Family Application form or Contact Form, Ayah Nannies may use this to provide tailored information to you.
4. Your e-mail address will also be stored in our secure database, but shall not be provided to any third-party without your consent. Ayah Nannies may periodically send its clients promotions, discounts, or other information via e-mail. You can opt out of receiving these communications by unsubscribing from our mailing list. Each email we send includes a link which will allow you to quickly remove your email address from our mailing list. Again, we will not sell or provide your e-mail address to organizations that may be interested in making unsolicited contacts, and we will not disclose it to any third-party except as may be required by law.
5. We may also disclose personal information without knowledge or consent to a lawyer or other advisor representing Ayah Nannies, to collect a debt, to comply with a subpoena, warrant or other court order or rules, is required for the investigation or enforcement of laws, or as may otherwise be required or authorized by law. Where a request for personal information is made by an organization claiming lawful authority for the request, Ayah Nannies will take reasonable steps to ensure that the requesting party properly identifies its legal authority.
6. We will not sell, trade, rent or license personal information that you provide to us. Due to the regulatory environment in which we operate, we cannot ensure that all of your private communications and other personally identifiable      information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting any of the foregoing), we may be required to disclose information to the government, law enforcement agencies or third parties. Although we use all reasonable means to ensure that the information you provide to us is not used by third parties for purposes other than those described in this Privacy Policy, Ayah Nannies is not responsible for any improper use of your personal information that is beyond our reasonable control.

Retention of Information

1. Information regarding your application  with us will normally be retained such as your name, email address and postal code
2. We maintain record retention practices and policies which apply to personal information that is no longer necessary or relevant for the identified purposes, or that is no longer required or permitted by law to be retained.

Your Consent
When you submit Family application form or Contact Form with Ayah Nannies, you provide us with your personal information. We will generally obtain your consent electronically on our site. However, it may also be obtained in writing or verbally. In determining the appropriate form of consent, we will consider the sensitivity of and reasonable expectations regarding the personal information.

You may withdraw your consent to the continued collection, use or disclosure of your personal information by Ayah Nannies at any time by sending an email to info@ayahnannies.com , but such a request would be subject to legal or contractual restrictions. We would also require reasonable advance notice to effect any requested changes.

Disclaimers

1. Ayah Nannies is acting solely as a referral agent, and at no time will be the Employee or the Employer in the placement process. We do not assume any liability for the candidates; the total responsibility of selecting and employing a nanny rests entirely with the Employer.
2. Ayah Nannies is not an agent of the Nanny, and Ayah Nannies is not in any way liable for any loss, damage, expense or injury, which the Employer or any other person may suffer or incur as a result of wrongful acts or negligence of the Nanny.
3. Ayah Nannies does not guarantee results, and will not be responsible if the employment is unsuccessful.
4. Ayah Nannies takes no responsibility for any material input incorrectly by the Applicant, and each Applicant is solely responsible for the content and accuracy of her application.
5. Personal information regarding Caregivers on the Ayah Nannies nanny database is not  confidential and may be viewed by anyone with access to the site. We cannot police or enforce our rules against third-party users. Personal  information provided by families in the online Family application, on the other hand, is confidential and viewable only by staff of Ayah Nannies.
6. Ayah Nannies assumes no responsibility for the payment or withholding of any taxes or deductions required by law, arising from the Caregiver’s employment in the Employer’s home.
7. Ayah Nannies website may contain links to other web sites. Please note that when you click on one of these links, you are moving to another website. We encourage you to read the privacy and/or terms of use statements of any linked sites you click to, as their privacy policy may differ from ours. While we do our best to verify that all links on our site are functional and lead to website which provide valuable information to our visitors, due to the nature of the internet sites change frequently and as such may change after our initial review.
8. This site may contain links to other sites, including those of our business partners, vendors and advertisers. We are not responsible for the content of, or the privacy practices employed by, other sites.
9. Ayah Nannies does not warrant, endorse, guarantee or assume responsibility  for any product or services advertised or offered by a third-party through the site or any hyperlinked website or featured banner or other advertising and Ayah Nannies will not be responsible for monitoring any transaction between you and third-party providers of products or services.

Indemnity

You agree to indemnify and hold harmless Ayah Nannies, and its affiliates, and its and their officers, directors, agents, partners and employees from and against any and all claims, demands, liabilities, costs, expenses or damages whatsoever including without limitation legal fees and disbursements on a solicitor and own client basis, resulting directly or indirectly from:

1. your access to or your use of this Site or the Services;
2. your use of, reliance on, publication, communication or distribution of any Information; or
3. your violation of any law or regulation.

Limitation of Liability

You Acknowledge that any use of or reliance on this site or the services is completely at your own risk. You agree that Ayah Nannies will not be responsible or liable for any lose, damages, claims or liabilities whatsoever (including without limitation, direct, indirect, special, punitive or consequential damages or damages for harm to business, loss of information or programs or data, loss of profit, loss of savings or loss of revenue), arising from or in connection with the use of or access to, or the inability to use or access, this site or the services and the information provided (whether arising in contract, tort, negligence, equity, common law or otherwise) even  if Ayah Nannies had been advised of the possibility of such damage or loss.

Ayah Nannies assumes not liability or responsibility for any (l) personal injury, property, bodily harm, or material damage of any nature whatsoever, resulting from your access to and use of the site or the services, (II) Any  unauthorized access to or use of servers and/or any personal information stored therein, (lll) Any interruption or cessation of transmission to or from our site, (lV) Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the site, and/or (V) Any errors or omissions in any information, including without limitation the content.

Copyright Information

Copyright © 2012 Ayah Nannies. All Rights Reserved.  Ayah Nannies either owns the intellectual property rights, including copyright, or has acquired the necessary permissions, in the information, including all text, HTML (hypertext marked-up language) code, multimedia clips, images, graphics, icons, Java code and the selection and arrangement of the content of the Site. Unauthorized use by you of the Information may violate copyright, trademark, and other laws. Ayah Nannies and the Ayah Nannies logo and related names displayed on the Site are the trademarks, service marks or registered trademarks of Ayah Nannies. All editorial contents and graphics contained on this website are protected by Canadian Copyright.

Unlawful Use of Site

Ayah Nannies website may be used solely for lawful purposes by families seeking caregivers for the purpose of childcare or elder care, and individuals seeking a nanny placement.

Responding to a nanny /caregiver employment opportunity for any reason other than to apply for a childcare or elder care position is prohibited.

Any person using www.ayahnannies.com to solicit and conduct activities other than as intended by this site will not be tolerated. Should any criminal offence be committed via the use of personal information found on www.ayahnannies.com, we will fully cooperate with the appropriate authorities in seeking prosecution.

General

These Terms & Conditions, Privacy Policy and the use of this Site shall be governed by the laws of Ontario, Canada. You irrevocably submit to the exclusive jurisdiction of the courts located in the Province of Ontario.

Contact

If you have questions about this Terms & Condition and Privacy Policy, the practices of this site, or your dealings with this website, please contact us at info@ayahnannies.com.