NovaWIse

General Terms and Conditions (the “Terms”) govern your rights and obligations in connection with the use of services provided by NovaWise Home Care (the “Services”).

These Terms set forth the general terms and conditions of your use of the Services. Please read these Terms carefully. You are under no obligation to use the Services if you do not agree or understand any portion of these Terms, nor should you use the Services unless you understand and agree to these Terms. 

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1. INTRODUCTION

1.1           These Terms govern your (“you”, “your”, or the “Customer”) rights and obligations in connection with the use of the Services provided by NovaWIse, a partnership formed under the Provincial laws of Nova Scotia with its registered office at 369 Esplanade Street, Sydney, Nova Scotia B1P 1A9, Canada (“Funding Talent”, “we”, “our”, “FT” or the “Provider”).

1.2           NovaWise offers their service and website, including all information, tools and services available from this site to you, the user, conditional to your acceptance of all terms, conditions, policies and notices stated here.

1.3           By using our website and/or purchasing Services from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

1.4           By accessing and using the Services, you acknowledge that you have entered into an agreement, the subject of which is the provision of Services of your choice, with the Provider and have read, understood, and agreed to be bound by the Terms. If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement. The Terms form an essential part of such agreement and by executing the agreement with the Provider, you express your agreement to these Terms. 

1.5           The Services are only intended for persons over the age of 18 residing in the country for which the Services are available. By registering for the Services, you confirm that you are over 18 years of age. If you are under 18 years of age, you may not use the Services. You acknowledge that your access to and use of the Services may be restricted or prohibited by law, and you undertake to only access and use the Services in accordance with applicable laws

1.6           You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service without express written permission by us.

1.7           The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

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2. DEFINITIONS & ABBREVIATIONS

2.1           For the purposes of the Terms, the following definitions shall have the following meanings:

●      “Calendar day” means the period from midnight to midnight of the time currently valid in Sydney, Nova Scotia, Canada (Atlantic Time - AST);

●      “Customer” means the user of the Services. 

●      “Provider” means the provider of certain Services;

●      “Schedules” means Schedules 1 and 2, which are part of these Terms;

●      “Services” means the provision of health-care, companion and cleaning services more accurately defined in Schedule “A”. 

●      “Terms” means these General Terms and Conditions of NovaWise ;

 

3. OUR SERVICES

3.1           You may access the Services through the Website by completing the registration or upon contacting the business in any other channel provided. Upon completing your registration or request for services, we will contact you.

3.2           The Services include the items listed in Schedule “A” among other things; these products may differ in the scope of the Services provided.

3.3           All data and information that you provide to us through the order form or registration process, or otherwise must be complete, accurate, true, and up-to-date. You must immediately notify us of any change in your data. 

3.4           The Customer is responsible for maintaining up-to-date, accurate information; the Provider is not obligated to verify the data. Providing false information of any kind may result in the termination or rejection of your account. Any data entered in the order form can be checked, corrected, and amended until the binding order of the Services.

3.5           The fee for the Sclara Care varies according to the option selected. More detailed information on individual options and fees for those options are provided in the schedules to these Terms. The Provider reserves the right to provide the Services under individually agreed conditions at its own discretion. The Customer is not entitled to a refund of the fee unless the Provider, in its own discretion, agrees to provide a refund in accordance with these Terms.

3.6           If the Provider is unable to receive or obtain the agreed fee from a Customer or if the Customer lodges a complaint regarding the fee or disputes the fee with the Customer’s bank or payment service provider, the Provider is entitled, at its own discretion, to cease providing the Customer any services and refuse any future provision of any services.

3.7           The Provider reserves the right to unilaterally change the fees and parameters of the Services at any time, including the parameters for their successful completion. The change does not affect the Services purchased before the change is notified.

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4. PAYMENT TERMS

4.1           The fees for the Services and other products are nominated in Canadian Dollars. 

4.2           You can pay the fee for the selected option by a payment card or using other means of payment that the Provider currently offers on the Website. If you do not pay the amount on time as reflected in the invoice, the Provider may cancel your order.

 

5. DISCLAIMER OF WARRANTY

5.1           You acknowledge that the Service is provided on an “as is” with all their errors, defects, and shortcomings, and that your use of Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

5.2           The Provider is not responsible for any harm, including any indirect, incidental, special or punitive damages, including loss of data, loss of profit, personal or other non-monetary harm or property damage caused as a result of the use of the Services or reliance on any tool, information or any other content available in connection with the use of the Services.

5.3           The Provider reserves the right to modify, change, replace, add, or remove any elements and functions of the Services at any time without any compensation.

5.4           The Provider will not be responsible for any delay or failure in performance of the Services arising out of any cause beyond Provider’s control, such as acts of God, war, riots, fire, terrorist attacks, power outages, severe weather, or other accidents / events.

5.5           The provisions of this Disclaimer of Warranty section are not intended to deprive the Customer of the Customer’s consumer or other rights that cannot be excluded by law.

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6. VIOLATION OF THE TERMS

6.1           You are expressly prohibited from using the Services to violate any law, statute, ordinance, regulation, Federal Sanctions or treaty, whether local, state, provincial, national, or international, or to violate the rights of a third-party, including, but not limited to intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights

6.2           If the Customer violates any provision of these Terms in a manner that may cause harm to the Provider, including but not limited to: the Customer accessing the Services in conflict with the Terms; the Customer providing incomplete, untrue, non-accurate / updated information in conflict with the Terms; the Customer acts in a manner that may damage the Provider’s reputation;; the Customer acts in conflict with or performs any of the activities referenced in this Agreement; The Provider may prevent the Customer from ordering any other services and completely or partially restrict the Customer’s access to all Services without prior notice and without any compensation.

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7. INDEMNITY

7.1           You agree to indemnify, defend, and hold harmless the Provider, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to costs and attorneys’ fees arising out of or related to your use of the Services; your violation of any term or condition of this Agreement; your violation of the rights of third parties, including but not limited to intellectual property rights or other personal or proprietary rights; and violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international.

7.2           Your obligation to defend Provider will not provide you with the ability to control Provider’s defence, and Provider reserves the right to control its defence, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.

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8. WITHDRAW FROM AGREEMENT

8.1           A Customer  has the right to withdraw from a contract without giving a reason within forty-eight (48) hours of its execution..

8.2           Your withdrawal from the contract must be sent to our e-mail address  within the specified time limit. If you withdraw from the contract, we will refund you without undue delay (no later than 14 days after your withdrawal from the contract) all fees we have received from you, in the same manner in which they were paid.

8.3           The Provider is entitled to immediately withdraw from the Contract in the case of any breach of the Terms of Service by the Customer or other Policies associated with the use of our Services.

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9. DEFECTIVE PERFORMANCES

9.1           If the Services do not align with your expectations or what was agreed upon, you can exercise your rights for defective performance. The Provider does not provide any guarantee for the quality of the services. You must notify us of the defect without undue delay. If the defect is incapable of being remedied or repaired, you can withdraw from the contract or claim a reasonable discount.

9.2           We will try to resolve any complaint you may lodge as soon as possible, and we will confirm its receipt and settlement to you in writing. If we do not settle the complaint in time, you have the right to withdraw from the agreement. You can file a complaint by sending an e-mail to our e-mail address.

 

10. PERSONAL INFORMATION

10.1         Your submission of personal information through the Website is governed by our Privacy Policy.

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11. DISPUTE RESOLUTION

11.1         It is our objective that our customers are satisfied with our Services; therefore, if you have any concerns, complaints, or suggestions, we will be happy to resolve them directly with you.

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12. AMENDING TERMS

12.1         The Provider reserves the right to change these Terms at any time with immediate effect for new customers and new orders of the Services placed by existing Customers. The Provider will notify existing Customers of the change to the Terms by e-mail. 

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13. CHOICE OF LAW AND JURISDICTION

13.1         These Terms shall be governed by, construed, and enforced in accordance with the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein. All disputes arising under this Agreement shall be subject to the jurisdiction of the Courts of the Province of Nova Scotia, Canada, and each of the Parties hereto irrevocably acknowledges the jurisdiction of the Courts of the Province of Nova Scotia, Canada. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

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14. COMMUNICATION

14.1         You acknowledge that all communication from the Provider in connection with the provision of Services will take place through the e-mail.

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15. FINAL PROVISIONS

15.1         These Terms, including the Schedules, constitute the full and complete terms and conditions agreed between you and the Provider and supersede all prior agreements, understandings, negotiations, and discussions relating to the subject-matter of the Terms, whether verbal or written.

15.2         Nothing in these Terms is intended to limit any legal claims set out elsewhere in these Terms or arising from the applicable law. If the Provider or any third party authorized thereto does not enforce the compliance with these Terms, this can in no way be construed as a waiver of any right or claim

15.3         You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent from the Provider, which consent shall be at the Provider’s sole discretion and without obligation; any such assignment or transfer without consent shall be null and void. The Provider may assign any claim arising to the Provider from these Terms or any agreement to a third party without your consent. You agree that the Provider may, as the assignor, transfer its rights and obligations under these Terms or any agreement or parts thereof to a third party. 

15.4         If any provision of the Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. Any past practice, conduct or industry standard established between the Parties, that is not referred to in the Terms, shall not be applied. 

15.5         The schedules to the Terms form essential parts of the Terms. In the event of a conflict between the wording of the main text of the Terms and any schedule thereof, the main text of the Terms shall prevail.

15.6         The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement or the Website, including, but not limited to your duty to indemnify and defend the Provider.

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Schedule “A”

 

1. Personal Care Assistance: Assisting clients with activities of daily living (ADLs) such as bathing, dressing, grooming, and toileting.

2. Medication Reminder: Reminding for medications according to prescribed schedules and ensuring proper documentation.

3. Meal Preparation: Planning and preparing nutritious meals and assisting with feeding, if necessary.

4. Mobility Assistance: Providing support with mobility, transfers, and ambulation to ensure client safety.

5. Companionship: Engaging in meaningful conversations, providing emotional support, and participating in activities to promote social interaction and well-being.

6. Household Management: Assisting with light housekeeping tasks, including cleaning, laundry, and organizing.

7. Transportation: Assisting clients with transportation to medical appointments, grocery shopping, and other necessary outings.

8. Care Planning: Collaborating with healthcare professionals and family members to develop and implement personalized care plans that address the unique needs of each client.

9. Emotional Support: Providing empathy, compassion, and understanding to clients and their families, offering emotional support during challenging times.

10. Safety and Emergency Preparedness: Ensuring a safe environment for clients, identifying potential hazards, and knowing emergency procedures.

11. Documentation and Record-Keeping: Maintaining accurate and up-to-date records of care provided, including daily activities, medication administration, and any changes in clients' condition.

 

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