1. Agreement and Scope
These Terms of Service constitute a binding legal agreement between you and ShiftFinder Inc., an Ontario corporation with its registered office at 180 Northfield Drive West, Suite 4, Waterloo, Ontario, N2L 0C7, governing your access to and use of the ShiftFinder mobile application, website, and related technologies, content, products, and services (collectively, the “Platform”). The Platform provides an online marketplace that enables healthcare and related organizations (“Clients”) to post available temporary or relief shifts and to connect with licensed, regulated, or otherwise qualified healthcare professionals and support staff (“Contractors”) who may apply for and perform such shifts. A confirmed engagement shall be referred to as a “Shift.” For purposes of this Agreement, Clients and Contractors may each be referred to as a “User” or collectively as the “Users.”
By creating an account, accessing or using the Platform, clicking to accept or agree to these Terms, or otherwise indicating assent, you acknowledge that you have read, understood, and agree to be bound by this Agreement and our Privacy Policy, which is incorporated herein by reference. If you are entering into this Agreement on behalf of a corporation, partnership, or other legal entity, you represent and warrant that you have the lawful authority to bind that entity to this Agreement, and all references to “you” and “your” shall include that entity. If you do not agree with these Terms, you must not access or use the Platform.
ShiftFinder may modify these Terms at any time by posting an updated version on the Platform, and your continued use after any such update constitutes acceptance of the revised Terms. Although ShiftFinder may in its discretion provide notice of material changes, it remains your responsibility to review the Terms periodically to ensure ongoing compliance.
For clarity, the following terms shall have the meanings ascribed herein unless the context otherwise requires. “Client” means any User that registers for a Client account and accesses or uses the Platform to post or fill Shifts. “Contractor” means any User that registers for a Contractor account and accesses or uses the Platform to review, apply for, and perform Shifts. “User Content” means any content, documents, information, or materials uploaded or provided by a User through the Platform, including Shift postings, professional profiles, credentials, and related materials. “Platform Services” means the services, technologies, and functionalities provided by ShiftFinder to enable Users to connect and contract for Shifts. “Company Parties” means ShiftFinder Inc., its affiliates, directors, officers, employees, contractors, representatives, and agents.
2. The Platform and Relationship of the Parties
The Platform is a digital marketplace that enables licensed healthcare Clients and facilities in Canada to identify, engage, and coordinate with qualified healthcare professionals who independently provide services as contractors for specified dates and times (each, a “Shift”). The Platform facilitates discovery, matching, scheduling, communication, timekeeping, and payments processing through third-party providers. ShiftFinder is not a healthcare provider, does not furnish or deliver healthcare services, and is not a party to any engagement for services between Clients and healthcare professionals. ShiftFinder does not supervise, direct, control, or monitor the quality, timing, legality, or appropriateness of any work performed by healthcare professionals or of any working conditions or environments provided by Clients, and ShiftFinder disclaims all responsibility and liability arising from or related to such matters to the maximum extent permitted by law. The parties acknowledge that healthcare professionals are independent contractors who perform services directly for Clients, and that no employment, partnership, joint venture, franchisor-franchisee, or agency relationship is created by virtue of these Terms or the use of the Platform.
3. Eligibility, Scope of Use, Jurisdiction, and Registration
Use of the Platform is limited to individuals who are at least eighteen years of age and who are legally capable of entering into binding contracts under applicable law. By registering as a Contractor, you represent and warrant that you are duly licensed, certified, registered, or otherwise legally authorized to provide professional services in the Canadian province in which any Shift is performed, and that you are in good standing with all relevant professional regulatory bodies. By registering as a Client, you represent and warrant that your facility possesses all licenses, permits, authorizations, and approvals required by law to operate and to engage independent contractors for the Shifts you post. Users further represent and warrant that their use of the Platform will comply with all applicable federal and provincial laws of Canada, municipal regulations, and the professional standards, codes of conduct, and ethical obligations that govern their practice.
This Agreement and any disputes arising from or relating to the use of the Platform shall be governed exclusively by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles. By using the Platform, you agree that jurisdiction and venue for any disputes shall lie within the courts of Ontario, unless otherwise mandated by applicable law.
Access to the core functionality of the Platform requires that each User create and maintain a personal account. When registering, you must select whether you are registering as a Client or as a Contractor, and you agree to provide true, accurate, current, and complete information as prompted by the registration forms, including but not limited to contact details, payment and billing information, tax identification, Client facility information, and professional credentials. You further agree to maintain and promptly update such information to ensure its accuracy and completeness at all times, understanding that ShiftFinder, other Users, and members of the public may rely on the accuracy of the information you provide. If at any time you provide, or ShiftFinder reasonably suspects that you have provided, information that is false, misleading, inaccurate, or incomplete, ShiftFinder reserves the right to suspend, restrict, or terminate your account and to deny you any and all current or future use of the Platform.
Each User account is secured by unique login credentials, which may include a username, email address, password, and such additional authentication measures as the Platform may require. You are solely responsible for maintaining the confidentiality and security of your login credentials and for all activity conducted under your account, whether authorized by you or not. You must not share your credentials with any other person or allow any third party to access your account, and you may not attempt to gain access to any other User’s account. You agree to notify ShiftFinder immediately of any unauthorized access to, use of, or security breach involving your account or login credentials, and you agree to take prompt remedial action, including changing your password, in the event of compromise.
ShiftFinder will not be liable for any loss, damage, liability, or expense arising from your failure to maintain the confidentiality of your account or to comply with the obligations in this section, and you acknowledge that you remain responsible for all usage, actions, and transactions made under your account until such time as ShiftFinder has been notified of unauthorized use. Although ShiftFinder employs safeguards to protect your information, you acknowledge that the transmission of information over the Internet is never completely secure, that any transmission is at your own risk, and that ShiftFinder cannot guarantee absolute security against unauthorized access, disclosure, alteration, or destruction of your information.
ShiftFinder reserves the right, in its sole discretion, to disable, suspend, or terminate any User account, username, password, or other identifier at any time and for any reason, including but not limited to actual or suspected violations of this Agreement, failure to maintain accurate information, or to preserve the safety, integrity, and security of the Platform and its Users.
4. Use of the Platform, Prohibited Conduct, and Content Standards
Users agree that their access to and use of the ShiftFinder Platform is strictly limited to lawful purposes that are consistent with these Terms of Service, the policies adopted by ShiftFinder from time to time, and all applicable federal and provincial laws, regulations, and professional standards. By registering for an account and engaging with the Platform, whether as a Client posting Shifts or as a Contractor accepting Shifts, each User acknowledges and undertakes to use the Platform in good faith and only for the purposes contemplated herein. Any attempt to exploit, abuse, or circumvent the intended operation of the Platform constitutes a breach of these Terms and may result in suspension or permanent termination of access.
Users must not, under any circumstances, impersonate another individual, misrepresent their identity, qualifications, licenses, or permissions, or provide false, misleading, or incomplete information to ShiftFinder or to other Users. Clients agree not to post inaccurate, fraudulent, or misleading Shift details or facility information, and Contractors agree not to misstate their credentials, professional authorizations, or availability. Users further agree not to interfere, or attempt to interfere, with the operation, performance, or security of the Platform, and must not introduce or attempt to introduce viruses, malware, harmful code, or any other disruptive technologies. Any conduct that amounts to fraud, deceit, misrepresentation, harassment, threats, discriminatory behavior, or the transmission or posting of unlawful, defamatory, obscene, or otherwise objectionable content is strictly prohibited.
ShiftFinder reserves the right to monitor interactions and communications on the Platform, including postings, messages, and Shift details, in order to maintain the integrity and security of its services. Users acknowledge that ShiftFinder, acting reasonably and in its discretion, may remove, block, or delete content or information that it deems to be inaccurate, misleading, unlawful, or otherwise in violation of these Terms. Where ShiftFinder reasonably believes that a violation has occurred, is occurring, or is likely to occur, it may suspend or terminate a User’s account or restrict access to the Platform, with or without prior notice, in order to protect the interests of other Users and the integrity of the Platform as a whole.
Each User is solely responsible for the content and information they contribute or make available on the Platform. Clients are solely responsible for the accuracy and lawfulness of their Shift postings, including any required regulatory approvals, employment or contracting compliance, and workplace obligations. Contractors are solely responsible for ensuring that their professional credentials, licenses, and availability information are accurate and kept current, and that any services performed under a Shift are consistent with applicable legal and professional obligations. By submitting or posting information to the Platform, Users represent and warrant that such information is accurate, lawful, and does not infringe the intellectual property, privacy, or other rights of third parties.
In addition, Users are prohibited from attempting to gain unauthorized access to any systems, accounts, or data related to the Platform other than those portions expressly made available to them. Users must not decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code or underlying structure of the Platform except where such restriction is prohibited by applicable law. Users must also refrain from any activity that could impair or disrupt the functionality of the Platform for ShiftFinder, for other Users, or for third-party systems integrated with the Platform. Any attempt to misuse the Platform to transmit spam, bulk solicitations, or unwanted commercial messages is strictly forbidden.
Users further represent and warrant that they have the legal capacity, authority, and necessary consents to enter into and comply with these Terms, and that their use of the Platform and participation in Shifts will not breach any agreement, undertaking, or obligation binding upon them. Each User acknowledges that their compliance with professional standards, applicable statutes and regulations, and the obligations set out in these Terms is a condition of continued access to the Platform. ShiftFinder expressly reserves the right, at its sole discretion, to suspend or terminate a User’s account or access to all or part of the Platform if it determines that the User has breached these Terms, engaged in prohibited conduct, or otherwise acted in a manner contrary to the policies or legitimate interests of ShiftFinder. Such suspension or termination does not relieve the User of any obligations accrued prior to the suspension, including payment obligations, nor does it preclude ShiftFinder from pursuing any other remedies available at law or in equity.
5. Shift Engagement Process
Clients are responsible for creating and posting Shifts through the Platform, including all essential details such as role, schedule, location, and any required qualifications. Upon posting, Contractors registered on the Platform may be notified of the availability of such Shifts and may apply or submit proposals to provide the requested services.
Once a Contractor has been selected by the Client, the Contractor is expected to complete the Shift in accordance with the agreed-upon details. Contractors must log accurate clock-in and clock-out times through the Platform, which shall be made available for Client review in order to verify the hours worked.
Following completion of a Shift, the Client shall review and approve the Contractor’s submitted hours in a timely manner. Upon approval, the Platform will facilitate payment processing in accordance with Section 5 of these Terms, and the Contractor will receive compensation for services rendered. Clients acknowledge that failure to approve or dispute hours within the required timeframe may result in automatic processing of payment based on the time records maintained by the Platform.
6. Payments and Service Fees
All payments related to the use of the ShiftFinder Platform are processed through third-party providers designated by ShiftFinder, currently including Stripe, and are subject to the rules, terms, and conditions of such providers. By confirming a Shift, Clients expressly authorize the payment processor to debit the account they have designated for payment of all compensation owing for that Shift, together with any applicable service fees and permitted adjustments. Upon confirmation of completion of the Shift through the Platform, the payment processor is authorized to disburse the applicable compensation to the Contractor’s designated account, subject to any deductions, offsets, or adjustments provided for in these Terms. Clients acknowledge that authorization is continuing and irrevocable in respect of each Shift confirmed, and that timekeeping, Shift duration, and completion confirmations may be recorded and verified within the Platform as a condition of payment.
Clients agree to pay ShiftFinder a fixed service fee in respect of each Shift confirmed through the Platform. This service fee is payable at the time of confirmation of the Shift and is deducted or charged in addition to the Contractor’s compensation. Contractors acknowledge and agree that no service fees are deducted from their compensation by ShiftFinder, and that their gross payment is transferred to them through the payment processor subject only to the applicable deductions or offsets expressly authorized by these Terms. Clients and Contractors alike consent to the collection, use, and disclosure of payment information and personal information by the payment processor for the purposes of facilitating transactions, and they agree that the processing, retention, and security of such information will be governed by the payment processor’s own privacy policies and terms of service. ShiftFinder is not responsible for the actions or omissions of any third-party payment processor, and Users must resolve any disputes concerning payment processing directly with such third party.
Contractors are independent contractors and are solely responsible for all taxes, deductions, filings, contributions, and remittances applicable to the compensation they receive. Clients remain responsible for their own statutory obligations in respect of employment, remittances, and reporting. ShiftFinder does not and will not withhold or remit taxes on behalf of any User. Each party is solely accountable for compliance with applicable tax laws in connection with its use of the Platform and performance of Shifts, and ShiftFinder bears no liability in respect of any User’s tax obligations.
ShiftFinder reserves the right to apply adjustments to payouts or Client charges in circumstances where cancellation fees or penalties are owed under these Terms, or where a clear error in time records or rate confirmations has been identified and promptly brought to its attention. In such cases, ShiftFinder may automatically apply the relevant debit or credit to the Client’s designated account or to the Contractor’s payout. Both Clients and Contractors agree to cooperate in good faith with ShiftFinder to address discrepancies, provide supporting information, and resolve disputes concerning Shift completion or compensation. Except where required by applicable law, all payments made to ShiftFinder, including service fees, cancellation fees, and penalties, are final and non-refundable.
These payment terms survive termination of this Agreement. Users acknowledge that by continuing to use the Platform they agree to the application of these terms to each Shift, that payments are governed by the rules of the third-party payment processor, and that ShiftFinder’s role is limited to facilitating the flow of funds in accordance with the confirmations recorded on the Platform.
7. Cancellations
Cancellations are an important part of maintaining trust, reliability, and fairness within the ShiftFinder Platform, and both Clients and Contractors acknowledge that confirmed Shifts represent binding commitments that, once accepted, create expectations and dependencies for all parties involved. A Client may cancel a confirmed Shift at any time; however, where such cancellation occurs within forty-eight hours of the scheduled start time, the Client will be obligated to compensate the Contractor in the amount of CAD 150 together with a cancellation fee of CAD 25 payable to ShiftFinder. These amounts will be automatically processed through the Client’s designated payment method. Cancellations occurring earlier than forty-eight hours before the scheduled start time will not generally result in cancellation fees, though repeated cancellations may still be reviewed by ShiftFinder for abuse or misuse of the Platform.
A Contractor may not cancel a Shift within twenty-four hours of its scheduled start time. Where a Contractor cancels a Shift between forty-eight and twenty-four hours before commencement, a withdrawal fee of CAD 100 will be charged and may be offset against compensation otherwise payable to the Contractor. Contractors who attempt to cancel within twenty-four hours, or who fail to attend a confirmed Shift without notice, may be subject to suspension, withholding of compensation, or permanent termination of access to the Platform. ShiftFinder expects Contractors to honour their commitments in order to ensure continuity of care and business operations, and repeated violations will be treated as a serious breach of this Agreement.
Notwithstanding the foregoing, ShiftFinder retains the discretion to waive, reduce, or modify cancellation-related fees and penalties where documented emergencies, verified health or safety issues, or statutory prohibitions reasonably prevent performance. Such relief is considered exceptional and is not to be construed as a waiver of future enforcement. Where appropriate, the Platform may provide tools to facilitate reposting or replacement of cancelled Shifts in order to minimize disruption to the Client, though neither ShiftFinder nor the Client nor the Contractor is assured that a replacement will be secured. ShiftFinder shall not be liable for any inability to provide replacement Contractors or alternative coverage following a cancellation.
Both Clients and Contractors acknowledge and agree that the cancellation fees described herein represent a genuine pre-estimate of the administrative burden, marketplace disruption, and lost opportunities that arise from short-notice cancellations and no-shows, and that such liquidated charges are reasonable in light of the difficulty of measuring damages in these circumstances. By using the Platform, all Users accept these terms as an integral condition of participation, and agree that ShiftFinder may process any applicable charges automatically through the payment method designated in their account. These obligations survive termination of this Agreement.
8. Non-Circumvention; Direct Engagements; Retention Fees
Users agree not to circumvent the Platform by soliciting, offering, or accepting engagements outside the Platform with any counterparty introduced through the Platform for a period of six months following the most recent engagement, unless expressly permitted in writing by ShiftFinder. Users acknowledge that circumvention undermines the Platform’s integrity, causes measurable damages including lost fees and administrative costs, and may result in account suspension, termination, and assessment of a reasonable retention or conversion fee as published by ShiftFinder from time to time. Users further agree that any direct hire, part-time or full-time employment, or recurring contractual arrangement initiated with a counterparty first introduced via the Platform may be subject to a separate retention fee disclosed by ShiftFinder, and that payment of such fee is a condition of proceeding with such direct relationship outside the Platform.
9. Professional Obligations of Contractors
Contractors acknowledge that by accepting Shifts through the ShiftFinder Platform, they are representing to both Clients and ShiftFinder that they possess the qualifications, legal standing, and professional competence required to perform the services for which they are engaged. Contractors represent and warrant that they will at all times maintain all licenses, registrations, certifications, permits, and insurance policies that are required by law, by their professional regulatory body, and by the standards of practice applicable in the province or territory where the Shift occurs. Contractors agree to remain in good standing with their respective regulatory or licensing authority and to comply fully with the continuing education, fee, reporting, and professional development requirements imposed by that body. Contractors further agree to practice only within their lawful scope of practice and competency, and not to accept or perform any Shift that exceeds the boundaries of their training, certification, or authority.
In addition, Contractors agree to act honestly, ethically, and diligently in all interactions conducted through the Platform and during any engagement with Clients, patients, or members of the public. This includes a duty to perform services competently and with the care expected of a reasonably skilled professional in the same field, to comply with all applicable federal, provincial, and local laws, rules, codes of ethics, and industry standards, and to avoid conduct that would compromise safety, quality of care, or the reputation of the Platform. Contractors must ensure that all information provided in their profiles, resumes, or ShiftFinder registration—including credentials, certifications, years of experience, and scope of skills—is complete, accurate, and not misleading. Contractors are required to update their information promptly whenever there is a change to their status, including but not limited to the initiation of any investigation, disciplinary proceeding, suspension, limitation, or restriction on their license or professional standing.
Contractors expressly acknowledge that they are independent businesses operating at their own risk, and that ShiftFinder does not supervise or control the manner or means of their work. Contractors are solely responsible for providing their own equipment, uniforms, transportation, professional tools, and other resources required to complete a Shift, and are responsible for securing and maintaining professional liability insurance and any other coverage necessary to protect themselves and third parties from claims. Contractors accept full responsibility for any errors, omissions, malpractice, negligence, or other wrongful acts or omissions in the course of providing services, as well as for any personal injury, property damage, or other losses that may result from their conduct. Contractors also accept sole responsibility for calculating, reporting, and remitting all applicable federal, provincial, and local taxes, including income tax, employment insurance, pension contributions, and other statutory obligations, and agree that ShiftFinder has no responsibility to withhold, remit, or report such amounts on their behalf.
By registering on and using the Platform, Contractors agree that these professional responsibilities are ongoing conditions of participation, and that failure to comply with any of these obligations may result in the suspension, withholding of payment, or permanent termination of access to the Platform, in addition to any disciplinary or legal actions that may be pursued by regulatory authorities or affected third parties.
10. Client Obligations
Clients represent and warrant that, at all times during their use of the Platform, they possess and will continue to maintain all licenses, permits, authorizations, and approvals necessary to lawfully operate their facilities and to engage Contractors for Shifts. Clients further agree that their facilities, operations, and practices will comply with all applicable statutory, regulatory, occupational health and safety, and professional requirements, including those imposed under provincial and federal law. Clients affirm that they own or have the legal right to operate the facility where services are performed, and that such facility is in good operating condition, suitable for the provision of professional services, and compliant with industry standards and safety regulations.
Clients are responsible for providing complete, accurate, and timely information about each Shift posted on the Platform. This includes the duties and responsibilities to be performed, the expected duration and scheduling of the Shift, the applicable rates of pay, the software systems and tools used in the facility, any special conditions or requirements relevant to performance, and any material information reasonably necessary to allow Contractors to evaluate and accept the Shift with full knowledge of what is required. Clients agree that they will not misrepresent, omit, or conceal information that could materially affect the safety, competence, or lawful performance of the Shift, and that all representations made through the Platform are truthful and not misleading.
Clients acknowledge and agree that they are solely responsible for supervising the work of Contractors while engaged at their facilities. This includes ensuring compliance with applicable staffing levels, monitoring attendance and punctuality, verifying that the Shift has been completed, and confirming that all tasks have been performed to their operational standards. Clients remain solely accountable for compliance with workplace obligations, including occupational health and safety legislation, human rights and employment standards laws, and any other duties arising from their role as facility operators.
Clients further agree to maintain adequate liability insurance, in coverage amounts consistent with legal requirements and industry practice, to cover any claims or losses that may arise in connection with the services provided by Contractors. In the event of an incident, accident, or adverse event occurring at the Client’s facility during a Shift, the Client bears sole responsibility for compliance with statutory or regulatory reporting obligations, for making timely notifications to ShiftFinder, to relevant authorities, and to their insurers, and for addressing and resolving any resulting claims or proceedings.
Clients covenant that they will treat Contractors fairly, respectfully, and in accordance with applicable human rights legislation. Clients must not engage in or permit conduct that constitutes harassment, discrimination, or other prohibited treatment on the basis of any protected ground under federal or provincial law. Clients also agree not to attempt to defraud Contractors or ShiftFinder, whether through misrepresentation of Shift details, improper withholding of payments, or any other deceptive or unlawful practice.
Clients acknowledge that they are obligated to ensure timely and accurate payment to Contractors in accordance with the terms set forth in these Terms of Service. Clients remain directly responsible for the financial and operational consequences of their use of the Platform, and ShiftFinder shall not be liable for a Client’s failure to uphold these obligations. Failure to comply with the foregoing may, at ShiftFinder’s sole discretion, result in suspension, termination of Platform access, or further legal or regulatory action.
11. Timekeeping, Attendance, and Confirmations
The accurate reporting and verification of attendance and hours worked is essential to the integrity of the ShiftFinder Platform and the orderly administration of Shifts. The Platform may provide tools, including but not limited to time submission features, check-in or check-out functionality, digital confirmations, and secure messaging channels, for the purpose of recording, verifying, and transmitting time and attendance information. Contractors expressly agree to use such features in good faith and to ensure that all hours submitted accurately reflect the time they were present, engaged, and performing services for a Client. Contractors acknowledge that inflating, fabricating, or otherwise misrepresenting hours worked constitutes a material breach of these Terms of Service and may subject them to suspension, termination, recovery of funds, and potential legal liability.
Clients, for their part, agree to review, confirm, or dispute Contractor-submitted hours promptly, in good faith, and on the basis of accurate records or direct observation. A Client who disputes submitted hours must provide sufficient evidence or rationale to support such dispute, and must communicate such dispute in a timely manner through the Platform’s designated channels. Clients acknowledge that unreasonable delay, failure to respond, or disputes raised without credible evidence undermine the integrity of the Platform and may result in the dispute being resolved against the Client’s interest.
In situations where a Client fails to confirm or dispute Contractor-submitted hours within a commercially reasonable period, ShiftFinder reserves the right, in its sole discretion, to rely on system-generated data, Platform records, geo-location logs, digital check-ins, or other available evidence to determine the hours worked, and to process payment accordingly. Clients expressly authorize ShiftFinder, together with its designated Payment Processor, to debit, credit, offset, or adjust amounts in order to facilitate the orderly implementation of these Terms of Service, including but not limited to the payment of Contractor compensation, the deduction of Service Fees, the application of penalties, and the resolution of disputes.
Both Clients and Contractors acknowledge and agree that timekeeping and attendance data entered into the Platform may be relied upon by ShiftFinder as conclusive evidence of hours worked, absent clear and convincing evidence to the contrary. Persistent submission of inaccurate, incomplete, or misleading time records; repeated disputes unsupported by evidence; or other misuse or abuse of the timekeeping or attendance features of the Platform shall constitute a material breach of these Terms of Service. Such conduct may result in suspension or termination of access to the Platform, forfeiture of outstanding payments, recovery of funds improperly paid, and other remedies available at law or in equity.
By continuing to use the Platform, all Users expressly consent to the collection, storage, processing, and use of timekeeping and attendance data for the purposes of payment administration, compliance monitoring, fraud prevention, and enforcement of these Terms.
12. Ratings, Feedback, and Reviews
The Platform may include features that allow Clients and Contractors to submit, publish, and view ratings, reviews, comments, and other evaluative content relating to Shifts, services provided, and the conduct of counterparties. These features are intended to promote accountability, maintain service quality, and assist other Users in making informed decisions. By submitting any such feedback, whether textual, numerical, or otherwise, Users grant to ShiftFinder Inc. a perpetual, irrevocable, transferable, worldwide, fully paid, royalty-free, and sublicensable license to host, reproduce, publish, adapt, translate, display, distribute, store, and otherwise use such content in connection with the operation of the Platform, the improvement of services, the enforcement of these Terms, and, where appropriate, for marketing and promotional purposes, subject always to applicable privacy and consumer protection legislation in Canada.
Users acknowledge and agree that ratings and reviews are inherently subjective expressions of opinion and may not reflect objective facts. ShiftFinder does not verify the truth or accuracy of ratings or reviews and expressly disclaims any liability or responsibility for user-generated content of this nature. Users understand that other Users may rely on feedback, and therefore represent and warrant that any feedback they post shall be honest, fair, made in good faith, and not misleading. Users further agree that they shall not submit any ratings, reviews, or comments that are defamatory, harassing, discriminatory, deceptive, fraudulent, obscene, abusive, infringing, or otherwise unlawful, nor shall they post any feedback that violates Section 4 of these Terms or any applicable law, including human rights legislation, privacy statutes, or consumer protection provisions.
ShiftFinder reserves the right, but not the obligation, to monitor, review, edit, moderate, remove, or refuse to display any feedback at its sole discretion, without liability to the submitting User. This may include, without limitation, removing content that is alleged to be false, defamatory, or otherwise in violation of these Terms, as well as suspending or terminating accounts where misuse of the ratings system is evident. Users acknowledge that the rating and review system is a critical integrity mechanism of the Platform and agree not to manipulate, interfere with, or undermine this system through collusion, coercion, retaliation, intimidation, or any similar conduct.
By continuing to use the Platform, Users accept that feedback may be made publicly visible to other Users and, in certain circumstances, to the general public, and that ShiftFinder may attribute such feedback to the submitting User’s profile. Users waive any moral rights in relation to such feedback to the extent permitted by law, while retaining their personal rights under Canadian copyright law where applicable.
13. Privacy, PHIPA and PIPEDA Compliance, and Confidentiality
Users expressly acknowledge and agree that in the course of registering for, accessing, and using the Platform, ShiftFinder Inc. will collect, process, transmit, and store personal information, including but not limited to information relating to identity, professional credentials, payment details, work history, ratings, and communications. Such processing shall be conducted in accordance with the ShiftFinder Privacy Policy, which is incorporated by reference into these Terms of Service. By continuing to use the Platform, Users consent to such collection, use, and disclosure, subject always to their rights under applicable privacy and data protection laws.
To the extent that any personal health information, sensitive personal data, or other regulated information is disclosed, accessed, or otherwise processed in connection with a Shift, Users acknowledge their obligations under Ontario’s Personal Health Information Protection Act, 2004 (“PHIPA”), the federal Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5 (“PIPEDA”), and all substantially similar provincial privacy statutes, as well as any professional codes of ethics or standards of practice that impose privacy or confidentiality obligations. Clients agree that they will not disclose or require disclosure of more personal information than is reasonably necessary for the purposes of fulfilling a Shift and will ensure that any disclosure to Contractors complies with the principle of data minimization. Contractors agree that any personal health information or other confidential information relating to patients, facilities, or Clients encountered in the course of a Shift shall be treated as strictly confidential and may only be used for the limited purpose of performing the contracted services.
Users further agree not to disclose, reproduce, or use any confidential information obtained through the Platform, including but not limited to trade secrets, patient records, employee files, business strategies, pricing structures, and operational methods, for any purpose other than the Shift for which such information was lawfully provided. Each User shall implement and maintain appropriate administrative, physical, and technical safeguards, consistent with industry standards and commensurate with the sensitivity of the information, to prevent unauthorized access, disclosure, alteration, loss, or destruction of confidential or personal health information. Contractors specifically represent and warrant that they will access and retain only such patient information as is necessary to perform their lawful professional duties within their scope of practice and will return, delete, or securely destroy such information immediately upon completion of the Shift, unless otherwise required by law.
In the event of any actual, suspected, or reasonably anticipated unauthorized access to, or disclosure of, personal information or personal health information in connection with services performed through the Platform, the User responsible shall notify ShiftFinder and, where required by law, the applicable privacy commissioner or regulatory authority, as well as the affected individual(s), without unreasonable delay and in accordance with statutory requirements. Users acknowledge that any breach of this Section may result in suspension or termination of access to the Platform, civil or regulatory liability, disciplinary action by professional regulators, and potential criminal penalties.
Nothing in these Terms shall be construed to diminish or limit a User’s independent obligations under law, regulation, or professional code, nor to excuse conduct that would otherwise constitute a breach of fiduciary, ethical, or confidentiality duties.
14. Intellectual Property; Limited License; and Third-Party Services
ShiftFinder Inc. retains and reserves all right, title, and interest, including without limitation all intellectual property rights, in and to the Platform, its underlying software, source code, object code, interfaces, databases, algorithms, designs, text, graphics, logos, trade dress, trademarks, service marks, compilations, and any related documentation or content, together with any updates, modifications, enhancements, or derivative works thereof. Except for the limited license expressly granted below, no User acquires any ownership or other proprietary interest in or to the Platform or any component thereof by virtue of accessing or using it.
Subject to strict compliance with these Terms of Service, ShiftFinder grants each registered User a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Platform for the sole purpose of facilitating bona fide Client postings of Shifts and bona fide Contractor engagements to perform Shifts. This license does not include, and Users expressly agree not to engage in, any reproduction, modification, adaptation, translation, distribution, resale, public display, or derivative use of the Platform or its content. Users shall not copy, scrape, harvest, reverse engineer, decompile, disassemble, attempt to derive source code from, or otherwise exploit the Platform or any part thereof for purposes not expressly authorized by these Terms. Any attempt to do so constitutes a material breach and may result in immediate suspension or termination of access, without prejudice to any additional remedies available at law or in equity.
The Platform may enable the posting, submission, transmission, or display of information, materials, or content by Users, including but not limited to Shift postings, professional profiles, credentials, ratings, feedback, reviews, and communications (collectively, “User Content”). Users retain ownership of their User Content; however, by submitting User Content through the Platform, each User grants to ShiftFinder an irrevocable, perpetual, worldwide, royalty-free, fully paid-up, non-exclusive, sublicensable and transferable license to host, store, reproduce, display, adapt, modify, transmit, disclose, distribute, publish, and otherwise use such User Content, in whole or in part and in any form or medium, as reasonably required to operate the Platform, to facilitate Shift engagements, to administer payments, for quality assurance and risk management, and to advertise, market, and promote ShiftFinder and its services. To the fullest extent permitted by law, each User waives all moral rights or similar rights of attribution or integrity in respect of such User Content. ShiftFinder may also publicly identify Users by name or business name and may use any logos or trademarks provided by Users in connection with marketing and promotional activities, provided that such use shall not misrepresent the nature of the User’s relationship to ShiftFinder.
Users are solely responsible for the accuracy, legality, and appropriateness of their User Content. ShiftFinder does not independently verify or warrant the truthfulness, completeness, or suitability of any User Content provided by Clients or Contractors. All reliance upon or use of User Content by other Users is at their own discretion and risk. ShiftFinder expressly disclaims liability for any errors, misrepresentations, or omissions contained in User Content. Users represent and warrant that all User Content submitted is truthful, accurate, current, and not misleading; does not infringe any copyright, trademark, trade secret, or other intellectual property right; does not violate any right of privacy, publicity, or contractual obligation; and is submitted in compliance with all applicable laws, regulations, professional codes of conduct, and licensing requirements.
Users further acknowledge that certain User Content, such as Contractor profiles and Client Shift postings, may be visible to other Users of the Platform and may be further disseminated outside of ShiftFinder’s control. By submitting such information, Users expressly release ShiftFinder from liability arising from any third-party access, reproduction, or use of such User Content. Notwithstanding the foregoing, ShiftFinder reserves the right, in its sole discretion and without obligation, to remove or decline to display any User Content that violates these Terms, applicable law, or that ShiftFinder determines poses a business, legal, reputational, or security risk to ShiftFinder, its Users, or the public.
The Platform may incorporate, interoperate with, or rely upon third-party services or technologies, including but not limited to payment processors, hosting providers, communication tools, verification services, and analytics platforms. Each User acknowledges that such third-party services are governed by the respective terms of service, privacy policies, and practices of the third-party providers, and that ShiftFinder does not control, endorse, or assume responsibility for the availability, functionality, content, or legality of such third-party services. Users interact with third-party services entirely at their own risk. To the maximum extent permitted by law, ShiftFinder disclaims all liability for acts, omissions, or failures of any third-party service provider.
Any rights not expressly granted herein remain exclusively reserved by ShiftFinder.
15. THE PLATFORM AND PLATFORM SERVICES
ShiftFinder Inc. endeavors to maintain the general availability of the Platform and to ensure that Clients and Contractors are able to access and use its functions on a continuous basis. The Platform is intended to be accessible twenty-four hours per day, seven days per week, subject to interruptions for scheduled maintenance, emergency repairs, upgrades, or circumstances beyond ShiftFinder’s reasonable control, including but not limited to outages in telecommunications networks, hosting failures, acts of God, or force majeure events. While ShiftFinder uses commercially reasonable efforts to minimize disruption, it does not represent or warrant that the Platform or any portion thereof will be uninterrupted, timely, or error-free at all times, nor does it guarantee that any User Content, Shift information, or transactional data will be continuously backed up or retrievable in every instance.
ShiftFinder has implemented administrative, physical, and technical safeguards designed to preserve the confidentiality, integrity, and availability of the Platform and of information processed through it. These measures are intended to align with prevailing industry practices; however, Users expressly acknowledge that no method of transmission over the Internet or electronic storage system can be guaranteed to be entirely secure. There remains a residual risk that unauthorized parties could gain access to transmissions, intercept communications, or otherwise compromise data. Accordingly, ShiftFinder does not guarantee the absolute security of any communication or data provided to or transmitted through the Platform, and Users provide such data at their own risk.
Users further acknowledge and agree that ShiftFinder may provide the Platform and related services through the use of third-party hosting providers, infrastructure, and software systems, which may be located in jurisdictions other than the one in which the User resides. By using the Platform, Users consent to the processing, transmission, and storage of their information in such jurisdictions. Users shall comply with any applicable policies of such third-party providers of which ShiftFinder gives notice, and ShiftFinder disclaims liability for acts, omissions, or failures of such third-party providers to the maximum extent permitted by law.
ShiftFinder retains the right, in its sole discretion, to suspend, modify, update, or discontinue the Platform or any part thereof, at any time and without prior notice. This includes the right to introduce new features, reduce or eliminate existing functionalities, alter the manner in which Platform services are delivered, or change integrations with third-party services. ShiftFinder does not warrant that the Platform will remain compatible with every third-party service, system, or technology used by Clients or Contractors, and shall not be liable for any inconvenience, disruption, or loss caused by such changes.
For clarity, Users expressly acknowledge that the Platform is a technological tool designed to facilitate the creation and dissemination of Shift postings by Clients and the acceptance and performance of Shifts by Contractors. ShiftFinder is not a placement agency, Client, or recruiter, and it does not employ or assign Contractors. Contractors act at all times as independent businesses engaged directly by Clients, and Clients remain solely responsible for their own employment law obligations, supervision, and operational compliance. The role of ShiftFinder is limited to providing a neutral digital interface through which Clients and Contractors may connect and arrange for services.
All rights, title, and interest, including all intellectual property rights, in and to the Platform, its services, and any enhancements, modifications, or improvements thereto, whether created independently by ShiftFinder or incorporating feedback or suggestions from Users, are and shall remain the exclusive property of ShiftFinder or its licensors. Users receive no rights or licenses other than the limited access rights expressly set out in these Terms, and no implied rights are conferred.
16. Disclaimers
To the maximum extent permitted by law, the Platform, together with all related services, features, functionalities, and content, is provided strictly on an “as is” and “as available” basis, and at the sole risk of the User. ShiftFinder makes no representations, warranties, or conditions of any kind, whether express, implied, statutory, or otherwise, and hereby expressly disclaims any and all warranties and conditions to the fullest extent permitted by applicable law. Without limitation, ShiftFinder disclaims any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, non-infringement of third-party rights, title, accuracy, or arising from any course of dealing, usage, or trade practice. No advice or information, whether oral or written, obtained from ShiftFinder or through the Platform, shall create any warranty not expressly stated in these Terms.
ShiftFinder does not warrant or guarantee that the Platform will always meet your requirements, that it will be available in an uninterrupted, timely, secure, or error-free manner, that any defects or errors will be corrected, or that the Platform will always be free of viruses, malware, or other harmful components. Users acknowledge that the availability and operation of the Platform may be subject to limitations, delays, and other problems inherent in the use of the Internet, telecommunications, hosting services, and electronic communications, and ShiftFinder is not responsible for any such delays, failures, or other damage resulting therefrom.
ShiftFinder does not warrant, represent, or guarantee the conduct, qualifications, licensure, certifications, insurance coverage, competence, background, or compliance of any User, whether Client or Contractor, nor the accuracy, completeness, or reliability of any Shift posting, profile, rating, review, feedback, or other content uploaded or provided by Users. The acts and omissions of Users, whether in person, online, or otherwise, are solely the responsibility of those Users. ShiftFinder does not supervise, monitor, or control the manner or means by which Contractors perform Shifts for Clients, and assumes no responsibility for the quality, safety, or outcome of services arranged through the Platform. Clients and Contractors remain solely responsible for their interactions, contractual obligations, and compliance with all applicable laws, regulations, and industry standards.
ShiftFinder does not guarantee that any Shift posting will receive responses, that any Contractor will be available or will accept a Shift at a particular time, that any Client will engage or retain a Contractor, or that any Shift will be successfully completed. Users are solely responsible for verifying the identity of their counterparties, conducting their own due diligence, and exercising reasonable judgment and caution in all dealings arranged through the Platform. ShiftFinder cannot guarantee that each User is who they claim to be, and Users acknowledge that there are risks of dealing with underage persons, individuals acting under false pretenses, or persons engaging in fraudulent, unlawful, or inappropriate conduct. By using the Platform, Users agree to accept these risks, and ShiftFinder disclaims all responsibility and liability for the acts or omissions of Users or other third parties, whether authorized or unauthorized.
ShiftFinder further disclaims any responsibility for personal property or belongings lost, damaged, or left behind during the course of a Shift, for injuries, incidents, or accidents occurring at a Client facility, or for any failure by Users to carry adequate insurance coverage. Users acknowledge that incidents of misconduct, harassment, discrimination, theft, or negligence are matters to be addressed directly between the Client and Contractor, and not the responsibility of ShiftFinder.
ShiftFinder does not control and is not responsible for any third-party websites, content, services, or resources that may be linked to or accessible through the Platform. Any links to third-party sites or services are provided solely for convenience, and Users access them at their own risk. ShiftFinder makes no warranties regarding the availability, accuracy, appropriateness, or completeness of any third-party content, nor regarding the continued compatibility of the Platform with any third-party software, application, or integration.
ShiftFinder does not guarantee the availability, accuracy, reliability, timeliness, or completeness of any location data, analytics, or other system-generated information provided through the Platform. Such data is intended solely for general informational purposes and must not be relied upon in circumstances where precise information is required or where inaccurate data could result in harm to persons or property. Users accept that all information made available through the Platform may be subject to error and should be independently verified.
Opinions, advice, statements, offers, representations, or other content made available through the Platform by Users or third parties, but not directly by ShiftFinder, are those of their respective authors alone. Such content does not reflect the views or endorsements of ShiftFinder, and ShiftFinder shall not be responsible or liable for any loss or damage resulting from reliance on such content. ShiftFinder reserves the right, but not the obligation, to monitor, remove, or edit any content at its discretion, but shall not be liable for its failure to do so.
Users further acknowledge that information voluntarily disclosed by them on the Platform, including profile information, Shift postings, or communications with other Users, may be accessible to other Users and third parties and may be misused or redistributed outside of ShiftFinder’s control. Users are advised to use caution in selecting the type and extent of information they provide and accept all risks associated with such disclosure.
For clarity, ShiftFinder expressly disclaims any responsibility for connectivity issues, service availability, or compatibility across all devices and networks, and does not warrant that the Platform will be free from unauthorized access, hacking, or other security breaches. To the extent permitted by law, Users agree that ShiftFinder shall not be responsible for any damages arising from such breaches or from the acts or omissions of other Users.
17. Limitation of Liability
To the maximum extent permitted by law, the Platform, the services provided through it, and all related content and interactions are offered strictly subject to the following limitations. In no event shall ShiftFinder, its affiliates, licensors, service providers, or any of their respective officers, directors, employees, contractors, representatives, or agents be liable to any User or any third party for any indirect, incidental, consequential, special, punitive, exemplary, or enhanced damages of any kind, however caused and under any theory of liability, including without limitation damages for loss of profits, loss of revenue, loss of anticipated savings, loss of opportunity, loss of business, loss of goodwill, loss of reputation, loss or corruption of data, service interruptions, computer failure or malfunction, costs of substitute goods or services, bodily injury, emotional distress, or death, arising out of or in connection with this Agreement, the Platform, the services, any User Content, or any interactions or transactions between Users, whether in contract, tort (including negligence), strict liability, statute, equity, or otherwise, even if ShiftFinder or its representatives have been advised of the possibility of such damages.
ShiftFinder does not assume and expressly disclaims any liability for damages, losses, injuries, or harm arising from or relating to communications, meetings, engagements, or contractual relationships between Clients and Contractors, whether arranged through the Platform or otherwise. Users acknowledge that by using the Platform they may be introduced to other individuals, entities, or environments that may carry inherent risks, including but not limited to the risk of dealing with underage persons, persons misrepresenting their identity, or persons engaging in unlawful, unsafe, or inappropriate conduct. Users voluntarily assume all risks associated with such interactions and agree that ShiftFinder bears no responsibility or liability for the acts, omissions, or conduct of any User, whether online or offline.
In no event shall ShiftFinder’s aggregate liability to any User for any and all claims, damages, losses, and causes of action arising out of or in connection with this Agreement, the Platform, or the services, whether in contract, tort, negligence, strict liability, or otherwise, exceed the greater of one hundred Canadian dollars (CAD 100) or the total service fees actually paid by the User to ShiftFinder in respect of the specific Shift giving rise to liability during the three-month period immediately preceding the date of the event giving rise to such liability. Where the User is a Contractor, ShiftFinder’s liability shall in no event exceed the Platform Service Fees collected by ShiftFinder in connection with that Contractor’s use of the Platform during the same period. These limitations and exclusions represent a fundamental allocation of risk between the parties and form an essential basis of the bargain underlying this Agreement, without which the economic terms and service availability would be materially different.
Users further acknowledge and agree that these limitations apply irrespective of the nature of the claim, the theory of liability asserted, the form of action, or the remedy sought, including where claims relate to breach of contract, negligence, tort, statutory causes of action, or any other basis of liability, and shall apply even where a fundamental term of this Agreement has been breached or where the essential purpose of the Agreement has failed. No action, claim, or demand arising out of or related to the use of the Platform or services may be brought by any User more than one year after the cause of action has accrued.
Certain jurisdictions do not permit the exclusion or limitation of certain types of damages or liability, such as those relating to personal injury or death caused by negligence, or the exclusion of implied warranties. In such jurisdictions, some of the foregoing disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights which vary from jurisdiction to jurisdiction. Nothing in this Agreement is intended to exclude or limit liability that cannot be excluded or limited under applicable law.
18. Indemnification
You agree to defend, indemnify, and hold harmless ShiftFinder, its affiliates, licensors, service providers, and each of their respective directors, officers, employees, contractors, and agents (collectively, the “ShiftFinder Parties”) from and against any and all claims, demands, causes of action, suits, proceedings, investigations, losses, liabilities, damages, judgments, penalties, fines, costs, and expenses of any kind (including, without limitation, reasonable legal fees, expert fees, the costs of investigation, and the costs of settlement or resolution) arising out of, relating to, or in any way connected with: (a) your access to or use of the Platform or services; (b) your breach of these Terms or of any representation, warranty, covenant, license, waiver, or agreement contained herein; (c) any violation of law, regulation, or third-party rights, including without limitation intellectual property rights, privacy rights, publicity rights, or contractual rights; (d) any User Content you provide, submit, transmit, or make available through the Platform; (e) your negligence, recklessness, or willful misconduct; or (f) any dispute, transaction, or relationship between you and any other User (including without limitation any Client–Contractor dispute regarding Shifts, payments, or performance of services).
This indemnification obligation applies whether the underlying claim is brought by another User, a third party, or a governmental authority, and applies to claims arising both online and offline. You agree to cooperate fully with ShiftFinder in the defense of any claim subject to this provision and not to settle any such claim without ShiftFinder’s prior written consent.
This indemnity is intended to be comprehensive and to survive the termination, suspension, expiration, or modification of this Agreement and your use of the Platform, and remains enforceable regardless of the outcome of any litigation, arbitration, or other proceeding.
19. Term, Suspension, and Termination
These Terms shall take effect from the moment you first access or use the Platform and shall remain in force for the entire duration of your use of the Platform and its services, unless and until terminated in accordance with this Agreement. If you have subscribed for a specific subscription term, such as monthly or annual access, your subscription will automatically renew for successive periods of the same duration, unless terminated earlier in accordance with these Terms.
ShiftFinder may, in its sole discretion and without liability, suspend or terminate your account or access to the Platform immediately and without notice in the event of any actual or suspected breach of these Terms, failure to make payments when due, fraud, abuse, repeated cancellations or no-shows, insolvency or bankruptcy proceedings, regulatory or licensing concerns, violations of law, failure to comply with amended Terms, or where such action is reasonably necessary to protect the integrity, security, or lawful operation of the Platform, its users, or any third party. ShiftFinder may also suspend, modify, restrict, or discontinue any part of the Platform or its services at any time, whether for maintenance, business, operational, or legal reasons, and may do so with or without advance notice. If termination or suspension occurs as a result of your breach, failure to pay, or misconduct, you will not be entitled to any refund or credit of fees paid. In the event of termination by ShiftFinder without cause, and where you have prepaid fees for services not yet rendered, ShiftFinder may, at its discretion, provide you with a pro-rata refund of prepaid amounts.
You may cease to use the Platform and terminate your account at any time, provided that any outstanding fees or obligations accrued before such termination remain due and payable. Upon termination for any reason, all rights and licenses granted to you under this Agreement shall immediately cease, your access to the Platform will be disabled, and you will no longer be entitled to use any services, content, or materials obtained through the Platform. You will remain responsible for all payments and liabilities incurred prior to the effective date of termination, and ShiftFinder may, but is not obligated to, provide you with a limited period of thirty (30) days to retrieve any User Content or data that you submitted through the Platform, after which such content may be deleted without liability to you.
Termination of this Agreement, whether initiated by you or ShiftFinder, will not affect any rights, remedies, or obligations that accrued prior to termination. Certain provisions of these Terms, by their nature, are intended to and shall survive termination, including but not limited to those relating to intellectual property, confidentiality, indemnification, disclaimers, limitations of liability, governing law, and dispute resolution. You acknowledge that these surviving provisions are essential to the allocation of risk between the parties and remain binding even after your account is closed or your access to the Platform is terminated.
20. Dispute Resolution, Governing Law, and General Provisions
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any conflict of law principles that might require the application of laws of another jurisdiction. By using the Platform, both Clients and Contractors irrevocably submit to the exclusive jurisdiction of the provincial and federal courts located in Toronto, Ontario, with respect to any dispute, claim, or proceeding arising out of or relating to these Terms, the Platform, or any services provided through it. Each party waives any objection to such courts on grounds of inconvenient forum or lack of jurisdiction.
Before commencing any litigation, the parties agree to make reasonable, good faith efforts to resolve disputes through direct discussions, and where mutually agreed, through non-binding mediation conducted by a neutral third party. Nothing in this Agreement, however, prevents either party from seeking interim, emergency, or injunctive relief where necessary to preserve rights, prevent irreparable harm, or protect the security and integrity of the Platform.
All notices required or permitted under these Terms must be in writing and shall be deemed delivered when personally delivered, when sent by pre-paid courier or registered mail, or when sent by electronic mail. Notices to ShiftFinder must be addressed to the contact information published on the Platform, and notices to a User must be sent to the email or mailing address associated with that User’s registered profile. Notices delivered by courier or mail shall be deemed received on the date of actual delivery, and notices sent by email shall be deemed received on the first business day following transmission, unless a notice of delivery failure is received.
Users are solely responsible for compliance with all applicable laws in connection with their access to and use of the Platform, including privacy, employment, workplace safety, human rights, and health sector regulations where applicable. These Terms constitute the entire agreement between you and ShiftFinder with respect to the subject matter herein, and they supersede all prior or contemporaneous oral or written agreements, representations, or understandings. No oral or written representation or prior agreement not expressly contained in these Terms shall be binding upon either party.
Users may not assign, transfer, or delegate their rights or obligations under this Agreement without the prior written consent of ShiftFinder. ShiftFinder may assign its rights and obligations under this Agreement without restriction, including in connection with a merger, reorganization, acquisition, or sale of assets. Any assignment in violation of this section shall be void. These Terms are binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns.
Nothing in this Agreement shall be construed as creating a partnership, joint venture, employment relationship, recruiter relationship, temporary placement agency, or agency relationship between ShiftFinder and any User. Clients and Contractors acknowledge that they are independent parties and that ShiftFinder acts only as a technology platform provider and payment facilitator.
Failure by ShiftFinder to enforce any provision of this Agreement shall not constitute a waiver of its right to enforce that provision at any later time, nor shall any waiver of a particular breach constitute a waiver of any subsequent breach. If any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.
All monetary references in this Agreement are expressed in Canadian dollars unless otherwise stated. ShiftFinder shall not be liable or responsible for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, pandemics, public health emergencies, acts of civil or military authorities, strikes, labor disputes, outages, interruptions of internet or telecommunications services, or acts of war, terrorism, or civil unrest. In such cases, performance shall be excused for the period of delay caused by the event.
The headings and section titles in this Agreement are for convenience only and shall not affect its interpretation. The terms “including” and “includes” shall mean “including without limitation.” Words importing the singular include the plural, and words importing gender include all genders, unless the context requires otherwise.
The parties expressly agree that this Agreement and all related documents shall be drafted and interpreted exclusively in the English language. Les parties aux présentes conviennent expressément que la présente convention et tous les documents s’y rapportant soient rédigés en langue anglaise exclusivement.
21. Miscellaneous
Notices; Electronic Communications; E-Signatures
You agree that ShiftFinder may provide all notices, disclosures, agreements, account statements, and other communications regarding the Platform and these Terms by posting them within the Platform or by sending them to the email address or other contact information associated with your account. By creating an account or otherwise using the Platform, you consent to receive communications from ShiftFinder electronically, and you agree that all such electronic communications satisfy any legal requirement that they be in writing.
It is your sole responsibility to ensure that your email address, telephone number, and any other contact details provided to ShiftFinder remain accurate and up to date. ShiftFinder shall not be liable for any delay or failure in delivering communications where such failure arises from your failure to maintain current and accurate contact information.
You further acknowledge and agree that electronic signatures, confirmations, acknowledgments, and consents—whether provided by clicking to accept, checking a box, or by other electronic means—shall have the same legal validity, enforceability, and effect as handwritten signatures and shall be binding to the fullest extent permitted by law.
Force Majeure
ShiftFinder shall not be liable for any failure or delay in the performance of its obligations under these Terms caused by an event beyond its reasonable control, including but not limited to acts of God, acts or omissions of users, third-party service failures, internet or telecommunications outages, pandemics, epidemics, acts of civil or military authorities, fire, flood, earthquakes, riots, strikes, power outages, or war. In such circumstances, the affected obligations will be suspended for the duration of the force majeure event.
Currency
Unless otherwise expressly stated, all amounts referred to in these Terms are expressed and payable in Canadian dollars (CAD).
Assignment
These Terms shall be binding upon and will enure to the benefit of and be enforceable by each of the parties hereto, their respective successors, and permitted assigns. Users may not assign, delegate, or transfer any of their rights or obligations under these Terms without the prior written consent of ShiftFinder. ShiftFinder may assign these Terms at any time without User’s consent.
Entire Agreement
These Terms constitute the complete and exclusive agreement between the parties with respect to the subject matter herein, and supersede all prior or contemporaneous agreements, negotiations, understandings, and representations, whether written or oral. No oral or written representation outside of these Terms is binding on either party.
Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, such invalidity shall not affect the validity or enforceability of the remaining provisions, and the Terms shall be construed as if the invalid provision had never been included.
Waiver
No failure or delay by ShiftFinder in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.
Relationship of the Parties
Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, employment, or fiduciary relationship between ShiftFinder and any User. Users acknowledge and agree that they are independent contractors and that nothing in these Terms shall be deemed to confer any employment or agency status.
Promotional Offers
ShiftFinder may from time to time provide certain Users with promotional offers, credits, or discounts. Such offers are subject to terms and conditions and may not be transferable. Users acknowledge that unless expressly made available to them, such offers shall have no bearing on their use of the Platform or fees charged.
22. Contact Information
ShiftFinder Inc. is headquartered at 180 Northfield Drive West, Suite 4, Waterloo, Ontario, N2L 0C7, Canada. If you have questions, concerns, or require assistance regarding these Terms or the operation of the Platform, you may contact us using the following channels:
For general inquiries or technical support, please email us at support@shiftfinderinc.com. For legal or compliance-related correspondence, including notices under these Terms, please direct communications to admin@shiftfinderinc.com. You may also reach us by telephone at [+1-519-788-2527] during regular business hours in Ontario.
All formal legal notices shall be deemed delivered only upon receipt by ShiftFinder at the above legal email address or physical address, unless otherwise specified in these Terms.