Vidal Home Care — Terms of Use

Version: 3.0

These Terms of Use apply to everyone who uses the Vidal Home Care platform. Part A applies to clients and their care recipients. Part B applies to caregivers. Where a section applies to you, it forms a binding agreement between you and Vidal Home Care.

Part A — Client Terms

1. About these Terms

These Terms of Service ("Terms") form a binding agreement between you ("you", "Client") and Vidal Home Care ("Vidal", "we", "us"), which operates an online platform that connects individuals and families seeking in-home care with independent care providers ("Caregivers"). By creating an account, booking a visit, or otherwise using the platform, you accept these Terms.

2. Our role — we are a platform, not a care provider

Vidal operates a marketplace. We do not employ Caregivers, do not direct or supervise the care they deliver, and do not provide medical, nursing, or personal support services ourselves. Caregivers are independent contractors who set their own availability and deliver services under their own responsibility. Any care relationship is between you and the Caregiver.

We do not provide emergency services. In an emergency, call 911.

3. Eligibility and accounts

You must be at least 18 years old and legally able to enter into contracts.
You must provide accurate, current information about yourself and about any care recipient you book on behalf of.
You are responsible for activity under your account and for keeping your login credentials secure.
If you book on behalf of another person, you confirm you have authority to do so and to share their information with us and with assigned Caregivers.

4. Bookings and visits

When you request a visit, you specify the date, time, duration, location, and care needs. A visit is confirmed when a Caregiver is assigned and the booking is accepted.
The hourly rate that applies to a visit is the rate shown and locked in at the time of booking.
Billing is based on the Caregiver's actual check-in and check-out times, subject to a one (1) hour minimum per visit.
If a visit runs longer or shorter than scheduled, the amount charged is recalculated from the actual times recorded on the platform.
If you believe the recorded check-in or check-out times are incorrect, contact us. A coordinator can correct the times, and the charge (and the Caregiver's payout) will be recalculated accordingly.

5. Payments, fees, and taxes

Payments are processed by our payment processor, Stripe. You must keep a valid payment method on file.
Before or at the start of a visit, we place a pre-authorization on your payment method for the expected visit amount plus a buffer (typically 50%) to allow for a visit that runs longer than scheduled. A pre-authorization is a hold, not a charge.
After the visit ends and a short correction window has passed, we capture the final amount based on actual times. If the final amount exceeds the authorized amount, a supplemental charge is made for the difference. If it is lower, only the lower amount is captured and the remainder of the hold is released.
Amounts charged include the care amount, a platform fee, and applicable taxes (including HST where applicable). Your receipt shows the breakdown.
Holds released by us may take several business days to disappear from your statement, depending on your bank.

6. Cancellations and no-shows

6.1 Cancellations more than 24 hours in advance

You may cancel a confirmed visit at no charge if you cancel more than 24 hours before the scheduled start time.

6.2 Late cancellations (within 24 hours)

If you cancel a confirmed visit within 24 hours of its scheduled start time, the visit is billed in full. That means you are charged the full scheduled visit amount (scheduled duration × the booked hourly rate), plus the platform fee and applicable taxes, exactly as if the visit had taken place. The assigned Caregiver is paid for the full scheduled visit, because they have reserved that time and typically cannot rebook it on short notice.

6.3 Client no-shows

If the Caregiver arrives at the scheduled location and time and the visit cannot proceed because you or the care recipient are not present or not available, the following applies:

The Caregiver is expected to remain on site and available for at least 15 minutes past the scheduled start time.
During that time, the Caregiver must attempt to reach you through the platform (message and/or call) and notify our coordination team.
If, after the 15-minute wait and reasonable contact attempts, the visit still cannot begin, the visit is marked as a "Client No-Show".
A Client No-Show is billed in full — the full scheduled visit amount, plus the platform fee and applicable taxes — and the Caregiver is paid for the full scheduled visit.

If you believe a visit was incorrectly marked as a late cancellation or a no-show, contact us and a coordinator will review the record.

6.4 Caregiver cancellations

If a Caregiver cancels, we will attempt to find a replacement. If we cannot, the visit is cancelled at no charge to you.

6.5 Automatic cancellation for payment issues

If your account has an unpaid balance, or your payment method on file has expired and has not been replaced, your account is placed on credit hold. While on credit hold, new bookings are blocked, Caregivers cannot check in, and any upcoming visits are automatically cancelled approximately 24 hours before their scheduled start time. You and the assigned Caregiver are notified by email. Resolving the balance and/or updating your card lifts the hold.

7. On-platform communication and payments

To keep everyone safe, insured where applicable, and protected by our dispute and records processes, all communication and all payments relating to care arranged through Vidal must stay on the platform.

Use the platform's messaging and calling tools to communicate with Caregivers about visits.
Do not solicit or accept off-platform arrangements for services first arranged through Vidal, and do not pay a Caregiver directly in cash, e-transfer, or any other off-platform method.
Do not exchange personal contact details (phone numbers, personal email, social media) for the purpose of circumventing the platform.

Off-platform arrangements are not covered by our verification, scheduling, records, payment protection, or dispute resolution, and they are a breach of these Terms.

8. Your responsibilities

Provide a safe, respectful working environment, free of harassment, discrimination, and hazards.
Give accurate information about the care recipient's needs, mobility, health conditions, allergies, and home environment.
Ensure access to the home at the scheduled time.
Do not ask Caregivers to perform tasks outside the scope of the booking, outside their qualifications, or that are unsafe or unlawful.
Do not ask a Caregiver to handle your money, banking, credit cards, or legal documents.

9. Caregiver verification

Before a Caregiver can be assigned, we require identity verification and documentation such as a PSW or equivalent certificate where applicable, a Police Vulnerable Sector Check, and current First Aid/CPR certification, as described in our Caregiver Terms. We review caregiver credentials and certifications in good faith and use reasonable efforts to confirm they are current and genuine. However, we cannot guarantee the accuracy, completeness, or ongoing validity of any document, certification, or background check issued by a third party, and our verification is not a warranty of any Caregiver's conduct, skill, qualifications, or suitability for your specific needs.

10. Insurance and assumption of risk

Vidal does not provide health, liability, property, or workers' compensation insurance for you, the care recipient, or Caregivers, unless we state otherwise in writing. You are responsible for your own home and liability insurance. In-home care carries inherent risks, and you accept those risks when engaging a Caregiver through the platform.

11. Disclaimers

The platform is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that a Caregiver will be available for any requested time, or that the platform will be uninterrupted or error-free.

12. Limitation of liability

To the maximum extent permitted by law, Vidal is not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, or goodwill, arising out of or relating to the platform or any care services. Our total aggregate liability for any claim relating to the platform or a visit is limited to the greater of (a) the amounts you paid to us for the visit(s) giving rise to the claim in the three (3) months before the claim, and (b) CAD $100. Nothing in these Terms limits liability that cannot be limited under applicable law.

13. Indemnity

You agree to indemnify and hold harmless Vidal and its officers, directors, and personnel from any claim, loss, or expense (including reasonable legal fees) arising from your use of the platform, your breach of these Terms, or your interactions with any Caregiver.

14. Account suspension and termination

You may stop using the platform at any time and may ask us to close your account. We reserve the right, at our sole discretion and with or without notice, to restrict, suspend, or permanently terminate your account, and to cancel pending visits, if we believe that you have:

violated these Terms or our policies, including the on-platform communication and payments rules;
created a safety risk or engaged in harassment, discrimination, abusive conduct, or threats toward a Caregiver or our staff;
provided false information, or engaged in fraud, chargeback abuse, or non-payment;
attempted to circumvent the platform's payment or booking systems; or
used the platform in a way that exposes us or others to legal liability.

Suspension or termination does not relieve you of amounts already owed, including late cancellation and no-show charges.

15. Privacy

Our handling of personal information, including health-related information about care recipients, is described in our Privacy Policy, which forms part of these Terms.

16. Changes to these Terms

We may update these Terms from time to time. When we publish a materially updated version, we will ask you to review and accept it the next time you sign in. Continued use after the effective date means you accept the updated Terms.

17. Governing law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there. The courts of Ontario have exclusive jurisdiction, subject to any non-waivable consumer protection rights you have under Ontario law.

18. Contact

Questions about these Terms: support@vidalhomecare.com.

Part B — Caregiver Terms

1. About these Terms

These Terms of Service ("Terms") form a binding agreement between you ("you", "Caregiver") and Vidal Home Care ("Vidal", "we", "us"). Vidal operates an online platform that connects clients seeking in-home care with independent care providers. By creating a Caregiver account or accepting visits through the platform, you accept these Terms.

2. Independent contractor status

You are an independent contractor. You are not an employee, agent, partner, or joint venturer of Vidal. Specifically:

You choose whether, when, and where to accept visits, and you may accept or decline any request.
You control how you perform the care services, within the scope agreed with the client and within your qualifications and the law.
You are free to provide services to others, including through other platforms or directly.
Vidal does not provide employment benefits, vacation pay, statutory holiday pay, severance, EI, CPP contributions, or workers' compensation coverage on your behalf.
You are responsible for your own tools, transportation, and any professional insurance you choose to carry.

3. Eligibility, verification, and credentials

To be activated and remain active on the platform, you must be at least 18 years old, legally entitled to work in Canada, and provide and maintain:

Identity verification — completed through our payment processor, Stripe, including government-issued ID.
PSW certificate or equivalent qualification where required for the services you offer.
Police Vulnerable Sector Check — current and satisfactory.
First Aid and CPR certification — current.
Any other certification an administrator marks as required for the services you offer.

Documents with expiry dates must be kept current. We will remind you before a document expires. If a required document lapses, we may block you from being assigned or checking in to visits until it is renewed. Submitting false or altered documents results in immediate and permanent removal from the platform.

We review the credentials and certifications you submit in good faith and use reasonable efforts to confirm they are current and genuine. However, we cannot guarantee the accuracy, completeness, or ongoing validity of any document, certification, or background check, and our verification is not a warranty of your conduct, skill, or suitability for any particular client or care recipient.

4. Accepting and performing visits

Keep your availability accurate. Only accept visits you can attend.
Arrive on time, in a fit state to work, and follow the care plan agreed for the visit.
Check in on the platform when you begin and check out when you finish. These recorded times determine both the client's charge and your payout, subject to a one (1) hour minimum per visit.
Do not falsify check-in or check-out times or visit notes.
Never perform tasks outside your qualifications or scope of practice, and never administer medications or clinical procedures you are not authorized to perform.
Do not handle a client's cash, banking, credit cards, or legal documents.
Treat clients and care recipients with dignity and respect. Discrimination, harassment, abuse, neglect, theft, or impairment while working results in immediate removal.
Report any incident, injury, safety concern, or suspected abuse to us promptly. In an emergency, call 911 first.

5. Cancellations, lateness, and no-shows

If you cannot attend a confirmed visit, cancel on the platform as early as possible so we can find a replacement.
Repeated late cancellations, lateness, or failing to attend without notice may lead to reduced visit offers, suspension, or removal.
If a client is not present at the scheduled time, remain on site and available for at least 15 minutes, attempt to contact the client through the platform, and notify our coordination team. If the visit still cannot begin, it may be marked a Client No-Show, in which case you are paid for the full scheduled visit.
If a client cancels within 24 hours of the scheduled start, the visit is billed in full and you are paid for the full scheduled visit.

6. Payouts

Your payout for a visit is calculated from the recorded (or coordinator-corrected) check-in and check-out times, at the rate locked in when the visit was booked, less the platform fee shown in your payout breakdown.
Payouts are made through Stripe to the connected account you set up during onboarding. You must complete Stripe onboarding, including identity and banking details, before you can be paid.
HST is added to your payout only if you have told us you are HST-registered and have provided a valid HST number. You are responsible for the accuracy of that information and for remitting the tax you collect.
Payouts are released after the client's payment for the visit has been collected and after the correction window has closed. Where a payment fails, a coordinator reviews the visit before the payout is retried, which may delay it.
If a visit is later corrected downward, or a payment is refunded or reversed, the corresponding amount may be recovered from you — by reducing the payout in question, by offsetting it against future payouts, or by direct repayment. You will see any such adjustment in your payout details, with an explanation.
You will receive an email summary when a payout is issued, adjusted, or reversed.

7. Taxes

As an independent contractor, you are solely responsible for reporting your income and for all taxes, including income tax, CPP contributions, and HST where applicable. Vidal does not withhold or remit taxes on your behalf. We may issue information reporting as required by law.

8. On-platform communication and payments

All communication and all payments relating to care arranged through Vidal must stay on the platform.

Use the platform's messaging and calling tools to communicate with clients about visits.
Do not solicit, encourage, or accept off-platform arrangements with a client you were introduced to through Vidal, and do not accept direct payment in cash, e-transfer, or any other off-platform method for such work.
Do not share or request personal contact details (phone numbers, personal email, social media) for the purpose of circumventing the platform.
Do not use client information for marketing your own or another provider's services.

Circumvention removes the protections the platform provides to both sides — verified scheduling, records, payment collection, and dispute resolution — and is a serious breach of these Terms that may result in immediate removal and, where losses result, a claim for damages.

9. Confidentiality and privacy

You will learn personal and health information about clients and care recipients. You must keep it strictly confidential, use it only to deliver the visit, never photograph or record a client's home or person without consent, never post about clients on social media, and comply with applicable privacy laws including PHIPA and PIPEDA. This obligation continues after you stop using the platform.

10. Account suspension and termination

You may stop accepting visits and ask us to close your account at any time. We reserve the right, at our sole discretion and with or without notice, to restrict, suspend, or permanently terminate your account and cancel your assigned visits if we believe you have:

violated these Terms, including the on-platform communication and payments rules;
created a safety risk, or engaged in abuse, neglect, harassment, discrimination, theft, or impairment on a visit;
allowed a required credential to lapse, or submitted false or altered documents;
falsified check-in/check-out times or visit records;
received serious or repeated client complaints; or
engaged in fraud or conduct that exposes clients, us, or others to legal liability.

On termination, we will pay out amounts properly owed to you for completed visits, less any adjustments, clawbacks, or amounts you owe us.

11. Disclaimers and limitation of liability

The platform is provided "as is". We do not guarantee any minimum number of visits, hours, or earnings. To the maximum extent permitted by law, Vidal is not liable for indirect, incidental, special, consequential, or punitive damages, and our total aggregate liability for any claim is limited to the greater of (a) the payouts owed to you for the visits giving rise to the claim in the three (3) months before the claim, and (b) CAD $100.

12. Indemnity

You agree to indemnify and hold harmless Vidal and its officers, generated a safety risk, or engaged in harassment, discrimination, abusive conduct, or threats toward a Caregiver or our staff;

provided false information, or engaged in fraud, chargeback abuse, or non-payment;

attempted to circumvent the platform's payment or booking systems; or

used the platform in a way that exposes us or others to legal liability.