TERMS AND CONDITIONS FOR YIKA APP
Last Updated: 15 April 2025
1. INTRODUCTION
Welcome to Yika, your all-in-one care solution. By accessing or using the Yika app, you agree to comply with and be bound by the following terms and conditions. Please read these terms carefully before using the app. If you do not agree to these terms, you may not use the app.
1.1. Acceptance of Terms
When you access the Yika app and use our services, you agree to be bound by these Terms of Use. Please read this document carefully because by using the app, you will waive certain legal rights, including the right to sue or claim compensation under certain circumstances
.1.2. Terms of Use
These Terms of Use ("Terms") establish the conditions under which individuals may use the Yika platform and services worldwide. Before using our app or services, you must
read and accept all the terms in this document. By using the Yika app, you represent, warrant, understand, and agree to accept these Terms fully, whether or not you register as a user ("Registered Users". These Terms include by reference the Yika Privacy Policy ("Privacy Policy") and all other operational policies, rules, and terms and conditions related to our services, available either in print or on our app (collectively,"Policies"). If you object to anything in these Terms, the Privacy Policy, or other Policies, you should not use the app or our services.
1.3. Modifications to Terms
We may change these Terms, including the Privacy Policy and other Policies, at anytime. Significant changes will be communicated to you by sending a notice to the email
address associated with your account or by placing a prominent notice on our app. Such significant changes will become effective no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting the updated terms on our app. If a modification increases your obligations or decreases our obligations, you may reject the modification and terminate your agreement with us without cost, penalty, or cancellation indemnity by sending us a notice no later than 30 days after the modification takes effect. We recommend that all users periodically review the updated terms on our website to stay informed of any changes
.2. DEFINITIONS•
Yika: Refers to the app and the services provided by the Yika platform.• User: Refers to any individual who accesses or uses the Yika app, including both caregivers and those seeking care services.• Caregiver: Refers to individuals providing care services through the Yika platform.• Care Seeker: Refers to individuals or entities seeking care services through the Yika platform.
3. ELIGIBILITY
To use Yika, you must be at least 18 years old and capable of entering into a legally binding agreement. By using the app, you represent and warrant that you meet these requirements.
4. SERVICES PROVIDED
Yika functions as a service platform, connecting caregivers with care seekers. The app facilitates these connections by offering the following features:
a) Instant and Pre-Booking Options:
Users can book caregivers instantly for immediate needs or schedule appointments in advance based on their preferences and requirements. This flexibility ensures that care seekers can find suitable caregivers at their convenience.
b) Real-Time Map Tracking:
Yika includes a real-time map system that allows care seekers to track the location and proximity of their caregivers. This feature provides transparency and peace of mind, ensuring that users are aware of their caregiver's arrival time.
c) Rigorous Caregiver Screening Processes:
To ensure the safety and reliability of services, Yika implements comprehensive screening processes for all caregivers. This includes Enhanced Canadian Criminal Checks, biometric and facial recognition verification, and real-time verification of government-issued identification. Only those caregivers who pass these stringent checks are allowed to offer their services on the platform.
d) User Profiles and Reviews:
Both caregivers and care seekers can create detailed profiles showcasing their skills, experience, and preferences. Additionally, users can leave reviews and ratings for each other, fostering a community of trust and accountability
.e) Secure Payment Processing:
Yika offers secure and convenient payment processing for all transactions. Care seekers can pay for services directly through the app using various payment methods, and caregivers receive their payments promptly and securely.
f) Customer Support:
Yika provides dedicated customer support to assist users with any issues or questions they may have. Our support team is available to help resolve any problems and ensure a smooth user experience.
g) Job Opportunities for Single Parents:
Yika provides unique job opportunities for single parents, allowing them to work while bringing their children along. This initiative aims to create a more inclusive workforce and help single parents combat poverty by offering flexible and family-friendly employment options.
h) Safety and Compliance:
Yika is committed to ensuring the safety and compliance of all services provided through the platform. We continuously monitor activities, update our safety protocols, and comply with all relevant regulations to maintain a secure environment for both caregivers and care seekers.
i) Personalized Matching:
Yika uses advanced algorithms to match care seekers with caregivers based on their specific needs and preferences. This personalized approach ensures that users find the most suitable caregivers for their unique situations.
j) Educational Resources:
Yika offers a range of educational resources and training programs for caregivers to enhance their skills and knowledge. This ensures that caregivers are well-equipped to provide high-quality care services to users. By providing these comprehensive services, Yika aims to simplify and enhance caregiving, making it easy, safe, and accessible for everyone.
5. CAREGIVER SCREENINGA
All caregivers on the Yika platform undergo a comprehensive screening process to ensure the safety, reliability, and quality of care provided. This screening process includes:
a) Enhanced Canadian Criminal Checks: Caregivers are subjected to detailed background checks to verify their criminal history. This step ensures that individuals with criminal records that may pose a risk to care seekers are identified and disqualified.
b) Biometric and Facial Recognition Verification:
Yika employs advanced biometric technology and facial recognition systems to authenticate the identity of caregivers. This verification step helps to prevent identity fraud and ensures that caregivers are who they claim to be.
c) Real-Time Verification of Government-Issued Identification:
Caregivers must provide valid government-issued identification, which is verified in real-time through the Yika platform. This process ensures the authenticity of the identification documents and further establishes the caregiver's identity.
d) Reference Checks:
Yika may conduct reference checks by contacting previous employers or clients to gather feedback on the caregiver's performance, reliability, and conduct. Positive references are required for caregivers to be approved on the platform.
e) Ongoing Monitoring and Feedback:
Once approved, caregivers are continuously monitored through user feedback and periodic re-evaluations. Caregivers who receive negative feedback or fail to meet our performance standards may be subject to additional training, suspension, or removal from the platform.
We match caregivers to parents based on the caregiver's; qualifications and user preferences. However, we do not interview caregivers directly. Parents make the final decision on who they want to hire, and Yika is not responsible for this selection. Yika reserves the right to disqualify any caregiver who does not meet our stringent standards at any point during the screening process or throughout their time on the platform. This rigorous screening process ensures that only the most qualified and trustworthy caregivers are available to care seekers, maintaining the highest level of safety and service quality.
6. RESPONSIBILITY FOR SELECTION AND VERIFICATION
As a user of the Yika app, the responsibility for conducting interviews, performing reference checks, verifying provided information, and selecting suitable care seekers or caregivers rests entirely with you.
a) Screening and Verification by Yika:
While we may choose to conduct basic screening of care seekers or caregivers under certain circumstances, as detailed in section 5, you should not solely rely on this as a comprehensive or definitive assessment of an individual’s or entity’s suitability as an employer or caregiver. Our screening is limited and may not always be complete, accurate, or up-to-date.
b) Guidance for Safe Hiring Practices:
For guidance on conducting safer and more informed hiring decisions, please refer to our Safety Center. Additionally, every care seeker is obliged to adhere to all relevant employment, anti-discrimination, and other applicable laws when establishing any employment relationship. This includes verifying that any caregiver they engage is at least 18years of age and is eligible to work in the applicable jurisdiction.
7. ACCOUNT CREATION
Users must create an account to access certain features of the Yika app. During the account creation process, users agree to:
• Provide accurate, current, and complete information.
• Maintain and promptly update their account information.
• Keep their account password confidential and secure.
• Notify Yika immediately of any unauthorized use of their account.
8. USER RESPONSIBILITIES:
As a user of our platform, you contribute various forms of content, including messages, images, videos, and other materials (collectively, "User Content"). By uploading or transmitting User Content, you agree to adhere to the following guidelines:
a) Responsibility for User Content:
i. You are responsible for ensuring that all information you provide during registration and continued use of the site is accurate, current, and complete.
ii. Always register and use your account in your own legal name, even if you are managing the account on behalf of another individual or family member.
iii. You bear full responsibility for any content
you post on the site. Ensure that your content is not defamatory, inaccurate, abusive, obscene, threatening, harassing, racially offensive, or illegal. Avoid posting any material that infringes on another's rights, such as intellectual property rights, privacy, and publicity rights. Moreover, do not post content that could facilitate unlawful activities or falsely represent affiliation with us.
b) Review and Removal of Content: We reserve the right to review and potentially delete any User Content, either in whole or in part, that we deem in violation of these terms or detrimental to the safety or integrity of our user community.
c) Licensing of Content: By posting content, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, fully paid license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content throughout the world in any media. You also grant us the right to sublicense these rights.
d) Content and Legal Compliance: All your activities and posted content must comply with applicable laws and regulations.
e) Platform's Limitations on Responsibility for User Content:
i. We do not undertake to monitor all User Content nor guarantee the accuracy, timeliness, or completeness of any information provided by users.
ii. We are not obliged to engage in the moderation of content but may remove or edit content at our discretion.
f) Response to Reviews: We do not moderate, verify, or remove reviews unless necessary. If you wish to respond to a review, you may post one rebuttal provided it adheres to our guidelines. You may not terminate and re-register your account to avoid association with a review.
g) Authorship and Reliability of Information: Content and opinions submitted by users but not directly by the platform are the responsibility of the individual authors. We do not endorse or guarantee the accuracy, reliability, or usefulness of any such content and are not liable for any reliance placed on it.
h) Non-Endorsement of User Statements: We do not endorse any user statements, reviews, or representations. You cannot attribute any statement, review, or representation to us or our personnel.
9. PROHIBITED CONDUCT
Users agree not to engage in any of the following prohibited activities:
i. Violating any laws or regulations: Users must adhere to all local, provincial, and federal laws and regulations while using the Yika app.
ii. Infringing upon the rights of others: Users must respect the intellectual property and privacy rights of other users and third parties.
iii. Harassing, threatening, or abusing other users: Any form of harassment, threats, or abusive behavior towards other users is strictly prohibited and may result in account termination.
iv. Using the app for any fraudulent or deceptive purposes: Users may not use the Yika app to engage in any fraudulent, deceptive, or illegal activities.
v. Impersonating another person or entity: Users must not impersonate any person or entity, or falsely state or otherwise misrepresent their affiliation with a person or entity.
vi. Interfering with or disrupting the operation of the app: Users must not interfere with or disrupt the operation of the Yika app, servers, or networks connected to the app.
vii. Uploading or transmitting any harmful code or software: Users are prohibited from uploading, posting, or transmitting any viruses, malware, or other harmful code or software.
viii. Attempting to gain unauthorized access to the app or other user's accounts: Users must not attempt to gain unauthorized access to the Yika app, other user's accounts, or any computer systems or networks connected to the app.
ix. Engaging in spamming or unsolicited communications: Users must not send unsolicited or unauthorized advertising, promotional materials, or spam through the Yika app.
x. Collecting personal information without consent: Users are prohibited from collecting or storing personal information about other users without their explicit consent.
xi. Engaging in any activity that could harm Yika’s reputation: Users must not engage in any conduct that could harm Yika's reputation or negatively impact the user community.
xii. Misusing the review and rating system: Users must provide honest and accurate reviews and ratings based on their genuine experiences. Manipulating the review and rating system is prohibited.
10. Payment and Refund Policy
10.1 Billing and Payment Details: To access certain Yika services, both caregiver sand care seekers may need to subscribe to a Premium Membership or pay for specific services. Upon subscribing, care seekers agree to pay all charges associated with their selected plan as detailed on the platform at the time of subscription. Premium Members consent to having their payment method charged according to the terms of the selected plan. Subscription terms, including duration, cost, and billing frequency, vary by selected plan. Should you choose to purchase additional services, you authorize Yika to charge thepayment method on file. If your credit card details are already stored from previous transactions, Yika may charge this card for any new services purchased.
10.2 Subscription Renewal and Cancellation: Unless specifically declined, Premium Membership subscriptions will automatically renew indefinitely until you choose to cancel. Following the initial term, subscriptions will renew for a period equal to the original term at the rate and frequency previously agreed upon. Subscriptions can be canceled via email to Yika Member Care or through your account settings. After cancellation, you may continue to use the service through the end of the current subscription term. Your subscription will not renew after your current term ends, but you will be responsible for any applicable cancellation fees or other charges outlined at the time of signup. Please note, once you complete your Premium Membership purchase, the services are immediately available, and therefore, the right to withdraw from the purchase within 7working days will be forfeited.
10.3 Specific Provisions for Caregivers: Certain services and features available to caregivers on Yika may require payment. Caregivers authorize Yika to charge their payment method for any services they elect to purchase. Additionally, caregivers may opt to pay for enhanced visibility on the platform or buy credits to facilitate interaction with care seekers. Details regarding the number of credits needed and their expiration will be clearly disclosed on the platform. Credits hold no monetary value and are not considered a stored-value resource for future use.
10.4 Refund Policy: Generally, Yika does not provide refunds or credits for canceled subscriptions or other purchases unless required by law. However, Yika reserves the ight to issue refunds or credits at its sole discretion if deemed appropriate.10.5 Free Trial Offers: From time to time, Yika may offer free trial Premium Memberships to care seekers. These trials may provide limited access to platform features. Unless canceled before the end of the trial period, care seekers will be charged the current monthly subscription rate post-trial. To avoid charges, subscribers on a free trial must cancel their membership before the trial period expires.
1. VERIFICATION CHECKS
11.1 Consent to Conduct Verification Checks
By using this platform, you consent to Yika conducting verification checks. We may engage third-party service providers to carry out these checks. The purpose of these checks is to verify the information you provide (such as your name, address, email address, etc.), confirm the accuracy of your claims and warranties made in accordance with the Terms, and assess your suitability for using the Yika platform. The outcomes of these checks are accessible to Yika and may influence your ability to utilize our services. Should the verification results reveal discrepancies in your legal identity or background information that, at our sole discretion and in accordance with applicable laws, deem you unsuitable for using our services, your registration may be denied or revoked. If you prefer not to undergo these verification checks, then Yika may not be the right platform for you.
11.2 Release from Liability Regarding Verification Outcomes
While Yika may choose to conduct verification checks, there is no obligation to undertake such verifications on all users. Where checks are performed, they are inherently limited and should not be regarded as comprehensive, fully accurate, up-to-date, or conclusive of a user’s provided information or their eligibility to use the services. Additionally, since these verification checks are carried out by independent third-party services, Yika does not control, and thus expressly disclaims any liability for, the quality, accuracy, or reliability of the information these services provide. Users should not solely rely on these third-party verifications and are advised to exercise their own due diligence.
12. PRIVACY POLICY
Yika is committed to protecting the privacy of its users. Our Privacy Policy outlines how we collect, use, and safeguard your personal information. By using the app, you agree to the terms of our Privacy Policy.
13. LIMITATION OF LIABILITY
Yika provides a platform for connecting caregivers with care seekers. While we strive to ensure the quality and safety of our services, we cannot guarantee the suitability, reliability, or conduct of any caregiver or care seeker. Users agree to use the app at their own risk. Yika shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use of the app or any services booked through the app.
i. No Warranties: Yika makes no representations or warranties of any kind, express or implied, regarding the services provided by caregivers or the functionality of the app. This includes, but is not limited to, any warranties of merchantability, fitness for a particular purpose, or non-infringement. Additionally, Yika provides no assurances or representations (express or implied)regarding the quality, timing, legality, or reliability of the services actually delivered by caregivers or the integrity, responsibility, or actions of care seekers or caregivers. We do not refer or recommend either care seekers or caregivers nor do we make any representations about the suitability, reliability, timing, or accuracy of the services provided by caregivers or the integrity, responsibility, or actions of care seekers or caregivers in public, private, or offline interactions.
ii. User Acknowledgement: Users acknowledge that Yika is not responsible for the actions or omissions of any caregiver or care seeker. This includes, but is not limited to, any damages or injuries resulting from the care services provided. Content on the Yika platform is primarily generated by users, and we do not control or vet user-generated content for accuracy. Yika does not assume any responsibility for the accuracy or reliability of any information provided by caregivers or care seekers on or off the app.
iii. Risk of Interactions: Users understand and agree that all interactions, agreements, and transactions with other users are undertaken at their own risk. Yika does not intervene in or mediate disputes between users, and it is the user's ;responsibility to resolve any conflicts that may arise. Yika is not a party to any agreement between a caregiver and a care seeker. Care seekers are considered potential employers of caregivers and are responsible for compliance with all applicable laws related to employment (such as employment standards legislation, occupational health and safety legislation, and workers; compensation insurance or benefit programs).
iv. Third-Party Content: The Yika app may contain links to third-party websites or services. Yika is not responsible for the content, accuracy, or opinions expressed in such third-party websites or services. Accessing these websites or services is done at the use's own risk.
v. Service Interruptions: Yika does not guarantee that the app will be available at all times or without interruptions. Users acknowledge that the app may experience downtime, technical issues, or maintenance periods that could affect its functionality.
vi. Data Security: While Yika employs measures to protect user data, it cannot guarantee absolute security against unauthorized access, hacking, or data breaches. Users provide their information at their own risk.
vii. Legal Compliance: Users are responsible for ensuring that their use of the Yika app complies with all applicable local, provincial, and federal laws and regulations. Yika shall not be liable for any user’s failure to comply with legal requirements. Yika is not responsible for the conduct, whether online or offline, of any user of the app. Furthermore, Yika expressly disclaims any liability that may result from the use of information provided on our platform. All users, including both care seekers and caregivers, hereby expressly agree not to hold Yika (or Yika’s affiliates, officers, directors, agents, representatives, and employees) liable for the actions or inactions of any user, for any information, advice, or services that originated through the platform, and, to the maximum extent permissible under applicable law, Yika and its affiliates expressly disclaim any liability whatsoever for any damages, claims, and controversies that have arisen or may arise from such use, whether known or unknown
.14. INDEMNIFICATION
Users agree to indemnify and hold harmless Yika, its affiliates, and its employees from any claims, damages, or losses arising out of or related to their use of the app, including but not limited to interactions with other users, the performance of care services, or any agreements made through the app.
15. NO EMPLOYMENT RELATIONSHIP
Users acknowledge that Yika is not an employer, and no employment relationship is created by using the app. Caregivers are independent contractors and are not employees of Yika. Yika does not control, supervise, or manage the work performed by caregivers.
16. MODIFICATIONS TO TERMS
Yika reserves the right to modify these terms and conditions at any time. Any changes will be effective immediately upon posting the updated terms on the app. Users are responsible for regularly reviewing these terms to stay informed of any updates.
17. GOVERNING LAW
These terms and conditions are governed by and construed in accordance with the laws of the province of Ontario, Canada. Any disputes arising out of or related to these terms will be subject to the exclusive jurisdiction of the courts located in Ontario.17.1. Dispute Resolution: In the event of any disputes arising from or relating to the terms and conditions of this agreement or the services provided, parties agree to pursue amicable resolution through the following dispute resolution procedure before resorting to litigation:
a) Notification: The aggrieved party shall notify the other party in writing, detailing the nature of the dispute, the desired outcome, and any evidence or documentation that supports their position
.b) Negotiation: Within 15 days of such notification, both parties agree to meet either in person, via telephone, or online meeting platform, to attempt to resolve the dispute through direct negotiation.
c) Mediation: If negotiation fails to resolve the dispute within 30 days of the initial notification, the parties agree to engage in mediation facilitated by a mutually agreed-upon mediator based in Ontario. Each party will bear their own costs in connection with the mediation, and the costs of the mediator will be shared equally.
d) Binding Arbitration: Should mediation fail to achieve resolution, either party may request that the dispute move to binding arbitration within Ontario. The arbitration will be conducted by a single arbitrator agreed upon by both parties or,i n the absence of agreement, appointed in accordance with the rules of the Ontario Arbitration Association. The decision of the arbitrator will be final and binding on both parties.
e) Litigation: Only if all the above steps fail to resolve the dispute may the parties
proceed to litigation in the courts of Ontario.
18. SEVERABILITY
If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
19. ENTIRE AGREEMENT
These terms and conditions constitute the entire agreement between users and Yika regarding the use of the app and supersede any prior agreements or understandings, whether written or oral, relating to the subject matter of these terms.
20. CONTACT INFORMATION
If you have any questions or concerns about these terms and conditions, please contact us at:
Yika Support Team Email: _________________Phone: ________________By using the Yika app, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions