Terms & Conditions of Use

These Terms and Conditions of Use ("Terms") govern your access to and use of the website operated by SJTN Care Inc. ("SJTN Care", "we", "our", or "us"), a corporation incorporated under the laws of Ontario on January 8, 2025, and any associated digital services we may offer (collectively, the "Website").

By accessing or using the Website — whether as a client, family member, referral partner, care worker, or general visitor — you agree to be bound by these Terms. If you do not agree, you must not use the Website. Please read these Terms carefully before continuing.

These Terms work alongside our Privacy Policy, which explains how we collect, use, and protect your personal information and personal health information. The Privacy Policy is incorporated into these Terms by reference.

In these Terms, the following capitalized terms have the meanings set out below:

• "SJTN Care", "we", "our", or "us" — SJTN Care Inc., a licensed home and community care provider serving Kingston, Ontario and surrounding areas, including its directors, officers, employees, contractors, and authorized agents.
• "Website" — the SJTN Care website located at sjtn.ca, together with any subdomains, mobile applications, client and care-worker portals, and other digital services we operate.
• "User", "you", or "your" — any individual or entity that accesses or uses the Website, including clients, prospective clients, family members, substitute decision-makers, referral partners, care workers, and general visitors.
• "Services" — the home and community care services provided by SJTN Care under a separate Service Agreement, which are distinct from your use of the Website.
• "Service Agreement" — the written or electronic agreement governing the delivery of care services between you (or your substitute decision-maker) and SJTN Care, executed at intake.
• "Account" — any registered account on the Website used to access client, care-worker, or partner-facing features.
• "Content" — any text, images, documents, software, designs, trademarks, and other materials made available through the Website by SJTN Care.
• "User Content" — any content, feedback, ratings, reviews, comments, or other material that you submit, post, or transmit through the Website (where such functionality is available).
• "Personal Health Information" or "PHI" — has the meaning given in the Personal Health Information Protection Act, 2004 (Ontario) (PHIPA).
• "Applicable Law" — all federal, provincial, and municipal laws, regulations, and rules applicable to your use of the Website and our delivery of Services, including PHIPA, PIPEDA, the Health Care Consent Act, and the Regulated Health Professions Act.

By using the Website, you represent and warrant that:

• You are at least 18 years of age, or you are using the Website with the supervision and consent of a parent or legal guardian.
• You have the legal capacity to enter into a binding agreement, or you are acting as an authorized substitute decision-maker on behalf of someone who lacks capacity.
• If you are using the Website on behalf of an organization (e.g., a hospital, insurer, or referral partner), you have the authority to bind that organization to these Terms.
• You will use the Website only for purposes permitted by these Terms and Applicable Law.

Your continued use of the Website constitutes your acceptance of these Terms and any updates we publish from time to time. If you do not agree to any provision of these Terms, you must immediately stop using the Website.

Important: These Terms govern your use of the Website only. They do not govern the delivery of home care Services, which are addressed in a separate Service Agreement.

It is important to understand the distinction between two separate legal relationships:

Use of the Website

Your access to and use of the Website — including browsing, account registration, viewing content, contacting us, and using any client or care-worker portal — is governed by these Terms. These Terms apply to every visitor, regardless of whether you receive Services from us.

Delivery of Home Care Services

If SJTN Care provides home and community care Services to you, those Services are governed by a separate Service Agreement executed at intake. The Service Agreement covers matters such as: scope of care, schedule, fees, billing arrangements with funders (HCAI/FSRA, VAC/VIP, Blue Cross, private pay), cancellation, and termination of Services.

Nothing in these Terms creates an obligation on SJTN Care to provide Services to you, nor does access to the Website by itself establish a care-provider relationship. A care-provider relationship is established only upon execution of a Service Agreement and acceptance by SJTN Care.

Order of Precedence

If there is any conflict between these Terms and your Service Agreement with respect to the delivery of Services, the Service Agreement will prevail. With respect to your use of the Website, these Terms will prevail.

Certain features of the Website require you to register for an Account. If you create an Account, you agree to the responsibilities set out below.

Your Responsibilities

• Provide accurate, current, and complete information during registration and keep it updated.
• Keep your password and other login credentials confidential, and do not share them with anyone.
• Use strong, unique passwords and enable multi-factor authentication where offered.
• Notify us immediately if you suspect unauthorized access to your Account.
• You are responsible for all activity that occurs under your Account.

Suspension or Termination

We may suspend or terminate your Account at any time, with or without notice, if we reasonably believe you have violated these Terms, engaged in fraudulent or unsafe behaviour, or pose a risk to other Users or to SJTN Care. If you are an active client receiving Services, suspension of your Website Account does not affect your Service Agreement, which is terminated only in accordance with its own terms.

You agree to use the Website lawfully and respectfully. The following conduct is prohibited.

General Prohibitions

• Violating any Applicable Law or the rights of any person.
• Accessing, attempting to access, or interfering with another User's Account or PHI.
• Introducing viruses, malware, worms, ransomware, or any other harmful code or software.
• Probing, scanning, testing the vulnerability of, or otherwise attempting to bypass or break the security or authentication measures of the Website.
• Scraping, harvesting, or extracting data from the Website by automated means without our written consent.
• Impersonating any person or entity, including SJTN Care staff, a clinician, a regulator, or a funder.

Healthcare-Specific Prohibitions

• Soliciting clinical advice, diagnoses, or treatment recommendations from care workers through the Website outside of an active care plan.
• Posting or transmitting false, misleading, or potentially harmful health information that could endanger another User's wellbeing.
• Impersonating a licensed healthcare professional or misrepresenting your credentials.
• Disclosing another person's Personal Health Information without lawful authority or consent.
• Using the Website to recruit clients, care workers, or staff away from SJTN Care, or to promote competing services without our written consent.

We may investigate suspected violations, remove offending content, suspend or terminate Accounts, and cooperate with law enforcement or regulators where required. Serious violations involving PHI may be reported to the Information and Privacy Commissioner of Ontario.

The Website does not provide medical advice. Content published on the Website — including general information about home care, conditions, services, or wellness — is for informational and educational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment.

SJTN Care provides home and community care Services under separate Service Agreements that include individualized assessments and care plans developed by qualified clinical staff. Nothing on the Website constitutes a clinical assessment, a diagnosis, a prescription, or a substitute for the judgment of a qualified healthcare professional.

In an Emergency

If you or someone you know is experiencing a medical emergency, call 9-1-1 or go to the nearest emergency department immediately. Do not rely on the Website or any digital service to communicate emergency healthcare needs.

Always Consult a Qualified Professional

Always seek the advice of your physician, nurse practitioner, or other qualified healthcare provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you read on the Website.

Service Availability

SJTN Care's home care Services are available in Kingston, Ontario and surrounding areas, subject to capacity, eligibility, funding approval, and acceptance by SJTN Care. Use of the Website does not guarantee that we can or will provide Services to you.

The Website and all Content (excluding User Content) are the property of SJTN Care or our licensors, and are protected by Canadian and international copyright, trademark, and other intellectual property laws. All rights are reserved.

Limited Licence to You

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable licence to access and use the Website for your personal, non-commercial purposes (or, for business partners, the purposes set out in your separate agreement with us).

Restrictions

You may not, except with our prior written consent or as expressly permitted by Applicable Law:

• Copy, reproduce, modify, translate, adapt, or create derivative works of any Content.
• Reverse-engineer, decompile, or disassemble any software made available through the Website.
• Remove, obscure, or alter any copyright, trademark, or proprietary notices.
• Use any Content for commercial purposes, including resale, rental, licence, or sublicensing.
• Use any data-mining, robots, scraping, or similar data-gathering or extraction methods.

Unauthorized use of any Content may result in suspension or termination of your access, civil liability, and where applicable, criminal prosecution under Canadian copyright and intellectual property law.

Where the Website offers features that allow you to submit content — such as feedback forms, support inquiries, or any future ratings, reviews, comments, or community features — the provisions of this Section apply. As of the Effective Date, public user-facing content features (such as ratings or reviews) are not active on the Website; this Section governs both current functionality and any future features SJTN Care may introduce.

Licence to SJTN Care

By submitting User Content through the Website, you grant SJTN Care a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and sublicensable licence to host, store, reproduce, modify, adapt, translate, publish, and display the User Content for the purposes of operating, improving, and promoting our Services, subject always to our Privacy Policy. You retain all ownership rights in your User Content.

Content Standards

You agree that all User Content you submit will:

• Be truthful, accurate, and not misleading.
• Not infringe any third-party intellectual property, privacy, or publicity rights.
• Not contain Personal Health Information of another individual without lawful authority or written consent.
• Not be unlawful, defamatory, threatening, harassing, discriminatory, hateful, obscene, or otherwise objectionable.
• Not impersonate any person or misrepresent your affiliation with SJTN Care, a healthcare professional, or any third party.

Removal & Moderation

We reserve the right (but have no obligation) to monitor, edit, or remove any User Content that we reasonably believe violates these Terms or any Applicable Law, without notice. We are not responsible for User Content submitted by others and do not endorse any opinions expressed in User Content.

We take the privacy and security of your personal information and Personal Health Information seriously. Our full Privacy Policy describes what we collect, how we use it, who we share it with, and your rights under PHIPA and PIPEDA.

If you receive Services from SJTN Care, we are a "health information custodian" under PHIPA and the collection, use, and disclosure of your Personal Health Information is governed by PHIPA, our Privacy Policy, and your Service Agreement.

We may disclose your personal information where required by law or where reasonably necessary to comply with legal process, protect our rights, or protect the safety of any person, in accordance with our Privacy Policy and Applicable Law.

The Website may contain links to websites, applications, or content operated by third parties (for example, government agencies, healthcare partners, funders, or educational resources). These links are provided for your convenience only.

• We do not control, endorse, or accept responsibility for the content, privacy practices, or accuracy of any third-party site or service.
• Accessing a third-party site is at your own risk, and is governed by that site's own terms and privacy policy.
• We are not liable for any loss or damage arising from your use of any third-party site or content.

As of the Effective Date, SJTN Care does not operate a publicly available mobile application. If we introduce one in the future, these Terms (together with any app-store rules and any additional in-app terms we publish) will apply to your use of it.

Additional terms may apply to specific digital services (for example, a care-worker visit-verification app, a client portal, or a telehealth feature). Where additional terms apply, we will make them available to you before you use the relevant service.

By using the Website or providing us with your contact information, you agree to the following.

Electronic Communications

We may communicate with you electronically — by email, secure messaging within the Website, SMS, or other electronic means — about your use of the Website, your Account, your Services, or other matters reasonably related to our relationship. You agree that electronic communications satisfy any legal requirement that such communications be in writing.

Marketing Communications

We will only send you marketing or promotional communications where permitted by Canada's Anti-Spam Legislation (CASL) and other Applicable Law. You may withdraw consent for marketing communications at any time by following the unsubscribe link in any message or by contacting us. Withdrawing marketing consent does not affect communications necessary for your Account, your Services, or your safety.

Use of the Website itself is provided at no cost. We do not charge for browsing the Website or for general visitor access.

Fees for Services

Fees for home care Services are set out in your Service Agreement and any related service order, schedule, or quote. The Service Agreement governs all matters related to billing, payment terms, cancellation fees, and disputes about Services or charges. Nothing in these Terms creates a payment obligation between you and SJTN Care for Services.

Third-Party Funders

Where your Services are funded by a third party — including HCAI/FSRA (auto accident benefits), Veterans Affairs Canada (VIP), Canadian Forces Blue Cross or Medavie Blue Cross, or another insurer or government program — billing is administered directly with the funder in accordance with their rules. Disputes about funded coverage should generally be raised with the funder, and we will cooperate as required by Applicable Law and our agreements with the funder.

Billing Disputes

If you believe an invoice from SJTN Care is incorrect, contact us within 30 days of the invoice date and we will investigate in accordance with your Service Agreement.

These Terms apply for as long as you use the Website. Either party may end the relationship as described below.

Termination by You

You may stop using the Website at any time. If you have an Account, you may request that we close it by contacting us. Closing your Website Account does not end your Service Agreement, which is governed separately.

Termination by Us

We may suspend or terminate your access to all or part of the Website at any time, with or without notice and with or without cause, where we believe it is reasonably necessary — including for violation of these Terms, suspected fraud or unsafe conduct, legal or regulatory reasons, or technical or operational reasons.

Effect of Termination

On termination, your right to access the Website ends immediately. Provisions of these Terms that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, governing law, and any pending payment obligations) will survive.

Termination of Website access does not by itself terminate your Service Agreement, and termination of your Service Agreement does not by itself terminate your Website access. Each is governed by its own terms.

The Website and all Content are provided "as is" and "as available" without warranties of any kind, whether express or implied.

To the maximum extent permitted by Applicable Law, SJTN Care disclaims all warranties, including without limitation any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, and uninterrupted availability. We do not warrant that:

• The Website will meet your specific requirements.
• The Website will be uninterrupted, timely, secure, or error-free.
• Content available on the Website will be accurate, current, or reliable.
• Defects in the Website will be corrected, or that the Website is free of viruses or other harmful components.
• Any goods, services, information, or other material obtained through the Website will meet your expectations.

Without limiting the above, any health-related information available on the Website is general in nature and is not a substitute for professional medical advice, diagnosis, or treatment. See Section 7 (Healthcare Information Disclaimer).

Some jurisdictions do not allow certain disclaimers of warranty. In those jurisdictions, the disclaimers above apply to the fullest extent permitted by law.

To the maximum extent permitted by Applicable Law, SJTN Care and its directors, officers, employees, contractors, agents, licensors, and suppliers will not be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages — including loss of profits, loss of data, loss of goodwill, or business interruption — arising out of or in connection with your use of the Website, even if we have been advised of the possibility of such damages.

Specific Exclusions

Without limiting the above, we are not liable for:

• Any reliance you place on the accuracy, completeness, or availability of Content on the Website.
• Any temporary or permanent change to, or unavailability of, the Website or any feature of the Website.
• The deletion, corruption, or failure to store any data or communication transmitted through the Website.
• Your failure to keep your Account credentials secure and confidential.
• Any conduct, content, or communications of other Users.
• Any matter beyond our reasonable control, including outages, force majeure events, and third-party service failures.

Cap on Liability

Where liability cannot be excluded under Applicable Law, our total aggregate liability to you for all claims arising out of or relating to your use of the Website is limited to one hundred Canadian dollars (CAD $100). This limit does not apply to liability for Services delivered under your Service Agreement, which is governed by that agreement.

Exceptions

Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot lawfully be excluded or limited under Applicable Law (including any non-waivable consumer protection rights).

Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, the limitations above apply to the fullest extent permitted by law.

You agree to indemnify, defend, and hold harmless SJTN Care and its directors, officers, employees, contractors, agents, licensors, and suppliers from and against any claim, liability, loss, damage, cost, or expense (including reasonable legal fees) arising out of or related to:

• Your breach of these Terms or any Applicable Law.
• Your use or misuse of the Website.
• Any User Content you submit, including any claim that it infringes a third-party right.
• Your violation of any third party's rights, including privacy, publicity, or intellectual property rights.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us. You agree to cooperate with our defence of any such claim. You may not settle any such matter without our prior written consent.

SJTN Care is committed to providing an accessible Website in accordance with the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) and the Integrated Accessibility Standards Regulation. We strive to meet WCAG 2.1 Level AA standards and welcome feedback on areas where we can improve.

If you encounter an accessibility barrier, need information in an alternative format, or require accommodation to use the Website or our Services, please contact us and we will respond promptly in accordance with the AODA Customer Service Standard.

We may update these Terms from time to time to reflect changes to the Website, our Services, our operational practices, technology, or Applicable Law.

How We Provide Notice

When we make changes, we will update the "Last Updated" date at the top of these Terms. For material changes, we will provide reasonable advance notice — for example, by posting a notice on the Website, sending an email to Account holders, or displaying an in-product banner — before the changes take effect.

Your Acceptance of Changes

Your continued use of the Website after a change becomes effective constitutes your acceptance of the updated Terms. If you do not agree to a change, you must stop using the Website. Previous versions of these Terms are available on request from our team.

These Terms and any dispute arising out of or in connection with them or your use of the Website are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws principles.

Jurisdiction

You and SJTN Care irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario sitting in Kingston, Ontario, in respect of all matters and disputes arising out of or in connection with these Terms or your use of the Website, subject to any non-waivable rights you may have to bring a claim in your local jurisdiction under consumer protection law.

Informal Resolution First

Before commencing any formal legal action, you agree to first contact us at the address in Section 23 (Contact) and attempt to resolve the dispute informally. We will use good-faith efforts to respond and resolve the matter within thirty (30) days of receiving your notice.

• Entire Agreement — These Terms, together with our Privacy Policy and any agreement that incorporates them by reference (including your Service Agreement, if any), constitute the entire agreement between you and SJTN Care with respect to your use of the Website and supersede all prior or contemporaneous communications.
• Severability — If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.
• Waiver — Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
• Assignment — You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign these Terms in whole or in part, including in connection with a merger, acquisition, reorganization, or sale of assets.
• Force Majeure — We will not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, labour disputes, internet or telecommunications failures, or governmental actions.
• Survival — Sections relating to definitions, intellectual property, user content licence, disclaimers, limitation of liability, indemnification, governing law, and contact will survive termination of these Terms or your use of the Website.
• Language — These Terms are made available in English and French. In the event of any inconsistency between the two versions, the English version will prevail to the extent permitted by Applicable Law.

If you have any questions, comments, or concerns about these Terms or your use of the Website, please contact us:

SJTN Care Inc.

• Email: support@sjtn.ca
• Phone: +1 (613) 870-0843
• Mailing address: PO Box 20072, Kingston RPO Taylor Kidd, Kingston, ON K7P 2T6, Canada

You may also reach our team through our Contact Us page.