Terms And Conditions
1. Contractual Relationship
These terms and conditions (the “Terms and Conditions”) govern the use by you, of any applications (“Application”), websites, content, products, and services (the “Services”) provided or made available by Relief Guru Inc. (“Relief Guru”).
Your access and use of the Services constitutes an agreement to be bound by these Terms and Conditions which establishes a contractual relationship between you and Relief Guru. If you do not agree to these Terms and Conditions, you may not access or use the Services. Relief Guru reserves the sole discretion and right to amend or modify these Terms and Conditions at any time. Relief Guru shall attempt to provide notice of any such amendments to these Terms and Services to its users. These Terms and Conditions and any updates shall remain in full force and effect until the termination of the Services which can be from the app, by emailing Relief Guru, or from Relief Guru to the business or professional via email., which may be terminated at any time, subject to the Shift cancellation policy hereto.
2. Defined Terms
“Applicable Legislation” means all laws, ordinances, statutes, regulations, rules, orders, orders in council, professional practice and ethical obligations, and any guidelines having the force of law applicable to the Services in the jurisdiction in which the Services are procured.
“Confidential Information” means all information, regardless of its format, disclosed by any of the Professional, the Business, or Relief Guru (the “Disclosing Party”) to another party hereto (the “Receiving Party”), whether directly, indirectly or accidentally, of a personal, commercial, financial or technical nature, and includes, without limitation, client or customer information, Relief Guru’s business processes, as well as Relief Guru’s code, algorithms and technologies, and any other information that would be considered confidential in nature in the reasonable opinion of the Disclosing Party.
“Fees” means the total of the Professional Fee and the Relief Services Fee.
“Professional” means a healthcare worker, student, or intern using this Application who meets all legal and regulatory requirements to be authorized to work in the relevant Province as a healthcare practitioner or professional including but not limited to valid and comprehensive liability insurance and a valid practice permit.
“Professional Fee” means the agreed upon payment between the Professional and Business for provision of the Services, any agreed upon Shift bonuses, and any agreed upon reimbursement of costs including but not limited to mileage, food, and accommodation expenses, and taxes.
“Business” means a registered and licensed healthcare corporation or their authorized representative, using this Application;
“Relief Services Fee” is a fixed fee in the amount of $55.99.
3. Services
The Services constitute the provision of a technology platform that enables users of Relief Guru’s mobile application to arrange and schedule Shifts between a Professional and Business (the “Shift”). You acknowledge that Relief Guru does not provide healthcare services and that all such healthcare services or positions are provided by independent third-party contractors who are not employed by Relief Guru or any of its affiliates.
Relief Guru grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to assess the use the Application for the purposes of the Services and to access and use any content, information, and related materials that may be made available through the Services.
The Services and all rights therein shall remain the exclusive property of Relief Guru. Neither these Terms and Conditions nor your use of the Services convey or grant to you any rights related to the Services of Relief Guru’s intellectual property. All intellectual property of Relief Guru is the sole property of Relief Guru or of our licensors and may not be reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part, in any form whatsoever, without Relief Guru’s prior express written consent.
4. Your Account
To access the Services, you must register an account (your “Account”). To register an Account, you must be at least 18 years of age or the age of legal majority within your jurisdiction. Account registration may require personal information to be provided to Relief Guru, including but not limited to your name, address, phone number, email address, qualifications and licenses, corporation information, social insurance number, and background check. You agree to maintain accurate, complete, and up-to-date personal information for your Account. Failure to do so, may result in your Account being suspended or terminated. Relief Guru retains the sole discretion to terminate or suspend access to the Application at any time with or without notice for any reason whatsoever.
You agree to abide by all applicable laws in the usage and ownership of your Account and to not partake in any illegal activities or communications to bypass Relief Guru contrary to any such applicable laws or these Terms and Conditions.
You agree to not share or disclose your Account credentials with anyone and to keep this information confidential. Relief Guru will not be liable for any losses or damages suffered from your failure to safeguard your Account. You agree to immediately notify Relief Guru of any unauthorized use of your Account.
5. Payment
Use of the Services by the Business will result in charges to the Business for the Services it receives from the Professional. An invoice shall be automatically generated following completion of each Shift and will be emailed to the Professional for review and approval. If a clinical service bonus is provided for a shift, the candidate must ensure they check for it and include it in their invoice at the end of the shift. Within 24 hours of being approved, the invoice will be provided to the Business and available for download. Invoices are due immediately upon receipt. If payment is not received within seven (7) days upon receipt, the Business will be charged a late payment penalty of 5% of the value of the invoice each day the invoice remains unpaid. If Fees are past due, the Business accepts liability for all collection fees incurred by Relief Guru in its own capacity or on behalf of the Professional, including but not limited to all legal fees incurred on a solicitor-client full indemnity basis.
If any information on the invoice needs to be updated, which cannot be done by the parties hereto, the Business and/or Professional shall inform Relief Guru by email of any corrections at invoice@reliefguru.com.
Fees are final and shall be subject to a payment processing surcharge, based upon the method of payment used. Relief Guru reserves the right to change the Relief Services Fee at any time with no prior notice provided to the Business or Professional. Relief Guru reserves the right to withhold payment to the Professional if there is reasonable belief that the Professional is defrauding or abusing the Applications, Services, or the Terms and Conditions.
You hereby authorize Relief Guru to share with the third-party payment processing provider, your financial information provided to Relief Guru for the purpose of payment of Fees. You also agree that Relief Guru is not responsible for the use or misuse of such financial information, banking details, and transaction information by a third-party payment processing provider or any other third party.
The Professional shall be responsible, as applicable, for all statutory remittances applicable to the Services and the Professional’s business, including but not limited to those required under the provisions of the jurisdiction’s applicable Income Tax Act, Excise Tax Act, Pension Plan, sales tax legislation, employment standards legislation, income tax legislation, any applicable workers’ compensation legislation, and any other applicable legislation. In the event that a federal agency determines that the Professional is, or at any material time was, an employee of Relief Guru or the Business, the Professional will indemnify Relief Guru and the Business, immediately and without protest, for any statutory remittances for which Relief Guru or the Business is legally responsible to have remitted on behalf of the Professional during the term of the Services. The Professional shall also maintain all receipts which are claimed for reimbursement and upon request by Relief Guru or the Business, shall produce the receipts.
6. Business’ Representations, Warranties, and Covenants
The Business shall always:
a. comply with and maintain all necessary licenses, certification, credentials, approvals, and authority for the operation of their business in their respective jurisdiction;
b. maintain a safe working environment for the Professional, with zero tolerance for harassment or discrimination; and
c. maintain the business in good operating condition and ensure its compliance with applicable municipal, provincial, state, federal and any other governmental laws, regulations and requirements in respect of the operation of such business;
d. obtain and maintain a valid liability insurance policy in such coverage amounts as may be consistent with applicable legal requirements;
e. comply with the requirements of its insurers or insurance underwriters and the requirements of any other body having jurisdiction over the Business;
f. be solely responsible to promptly report to its insurer and Relief Guru all claims or potential claims made against the Business in connection with the provision of Services; and
g. to provide evidence upon the request and to the satisfaction of, Relief Guru of compliance with any such foregoing laws, regulations, or requirements.
h. You are obligated to provide true, accurate, and complete information regarding each shift, including but not limited to the duration, responsibilities, compensation rate, required skills, dispensing system, brand, and any other material details. Under no circumstances shall you knowingly misrepresent, falsify, or omit any material information with the intent to mislead or deceive the Pharmacy Professional. Any breach of this obligation shall constitute a material violation of this agreement.
7. Professional’s Representations, Warranties, and Covenants
The Professional represents and warrants to Relief Guru and the Business that:
a. the Professional is in good standing and is registered with the relevant college, professional body, or equivalent organization governing the profession in which the Professional offers its services;
b. the Professional will pay or remit any taxes owing by it to the relevant authorities;
c. the Professional shall comply with and maintain all necessary licenses, certification, credentials, approvals, and authority for the performance of the Services in the relevant jurisdiction in which the Services are provided; and
d. the Professional has and will maintain, at the Professional’s sole cost, current and continuous liability insurance covering the Professional’s activities in providing the Services.
e. none of the agreements, instruments and documents provided for herein, compliance with and performance of the terms, conditions and provisions hereof or thereof, or consummation of the transaction contemplated herein or therein does or will:
a. conflict with or result in a breach or violation of any provision of any contract, agreement or other instrument to which the Professional is bound;
b. result in the breach of or violation of any obligation owed by the Professional to any person whatsoever or howsoever arising;
c. result in the breach of or violation of any material law, regulation or applicable order of any court, arbitrator, or governmental authority having jurisdiction over the Professional;
f. it shall perform the Services and act in a careful, honest and professional manner and comply in all respects with these Terms and Conditions, with a view to the best interests of Relief Guru and the Business;
g. it shall perform the Services with the standard of care, skill and diligence normally provided by a person experienced in the performance of services similar to the Services called for in these Terms and Conditions;
h. it shall cause the Services to be performed through the Professional and not hire or subcontract with any other person to perform the Services without the written consent of Relief Guru or the Business;
i. it shall devote such time and attention to the performance of the Services as is required and necessary to complete the Services;
j. it shall adhere to the policies, procedures and rules established by Relief Guru and the Business and communicated to the Professional from time to time, as may be amended by Relief Guru and the Business in their sole discretion from time to time;
k. it shall observe, obey and comply with all federal, provincial and municipal laws, bylaws, statutes, regulations, orders, permits, standards and judgments imposed by the government or any other duly constituted authority having jurisdiction with respect to the Services or the parties hereto and shall from time to time furnish Relief Guru and the Business with such evidence of compliance as Relief Guru or the Business may require;
l. it shall not, directly or indirectly, represent the Professional as being an authoritative source on any of the Business’ activities, policies or actions;
m. it shall not make any representations on behalf of Relief Guru or the Business in any of the Professional’s affairs;
n. it shall not infringe on intellectual property rights, misappropriate or use without authorization a trade secret or confidential information of any person in the performance of the Services hereunder;
o. it shall not disclose the Confidential Information to any past, current or future employee or contractor of Relief Guru or the Business;
p. it shall not use the name of Relief Guru or the Business or either’s clients not directly engaged with the Professional, or any tradenames, trademarks held, licensed, or approved for use by Relief Guru or the Business, in any form of media or documentation without the express prior written approval of Relief Guru or the Business;
q. It shall be truthful as to its competency and skills and shall practice within the scope of its expertise; and
r. It shall notify Relief Guru if it seeks out or is approached for a direct employment position or contractor position, in circumvention of this Agreement.
8. Cancellations
Please click on the LINK to review Cancellation Policy.
9. Non-Circumvention and Retention Fee
The Business, Professional, and their respective principals, employees, agents, or assigns, jointly and severally covenant and agree not to circumvent, avoid, or bypass Relief Guru, either directly or indirectly. Neither the Business nor the Professional shall directly or indirectly contract or approach the other to perform the Services without utilizing the Application or without providing payment of the Relief Services Fee to Relief Guru for all Shifts completed. If the Business or Professional breach the terms of this provision, Relief Guru reserves the right to impose a penalty jointly and severally on the Business and Professional in the amount of five thousand nine hundred and ninety-nine dollars ($5,999.00), payable to Relief Guru. The imposition and enforcement of this penalty shall not in any way limit or preclude Relief Guru from seeking or obtaining any other remedies available to it under the law or under these Terms and Conditions for such breach.
If the Business intends on hiring the Professional, the Business shall pay to Relief Guru a $150.00 upfront fee, along with 5% – 9% of the Professional Contractor’s first year of gross income, to be agreed upon by the parties (“Retention Fee”). The manner of payment of the Retention Fee shall be determined solely by Relief Guru and communicated to the Business in writing. The Business acknowledges and agrees that once paid, the Retention Fee is not refundable under any circumstances, except as may be required by applicable law or expressly agreed in writing by Relief Guru.
If the Business, or its respective shareholders, directors, agents, or principals, possesses ownership interest in corporations operating similar businesses, all entities are prohibited from engaging in solicitation or circumvention practices, directly or indirectly, related to the operations
10. Confidentiality
In the event that Confidential Information is disclosed by a Disclosing Party and comes into the possession of a Receiving Party, the Receiving Party shall agree to preserve the confidentiality of the Confidential Information and to take all reasonable measures that it takes to protect its own confidential information.
If the provision of the Services is terminated for any reason whatsoever, the Receiving Party must, at the option of the Disclosing Party:
a. return any Confidential Information without undue delay; and/or
b. destroy any Confidential Information securely, without undue delay and in accordance with commercial standards.
Upon request by the Disclosing Party, the Receiving Party must confirm in writing that the Confidential Information has been returned and/or destroyed. Notwithstanding the foregoing, the Receiving Party is permitted to retain a copy of the Confidential Information if necessary for business continuity purposes, in accordance with internal retention schedules, and for legal, audit or financial reasons.
11. Conflict of Interest
The Professional and Business agree that the Professional and Business shall not engage in conduct that involves a conflict of interest between the Professional and Business and Relief Guru, including but not limited to conduct involving the acceptance of favours or financial benefits, the owning a competing business, transferring clients to their own business or to a business to which the Professional or Business has a direct or indirect beneficial interest, being employed or engaged in any capacity which Relief Guru reasonably finds to be in conflict with the interests of Relief Guru, or being engaged in public activities that are in conflict with the interests of Relief Guru. If the Professional is in doubt regarding a potential conflict of interest, the Professional should consult Relief Guru.
12. Limitation of Liability and Indemnity
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LEGISLATION AND SUBJECT TO THE PROVISIONS OF THIS TERMS AND CONDITIONS, RELIEF GURU DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR‑FREE AND MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED IN CONNECTION WITH THE USE OF THE SERVICES BY THE PROFESSIONAL OR BUSINESS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LEGISLATION, RELIEF GURU MAKES NO OTHER REPRESENTATIONS, CONDITIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE COMPETENCE, RELIABILITY, ACTIONS, OR ADEQUACY OF THE PROFESSIONAL, AND ANY WORK CARRIED OUT PURSUANT TO THE FOREGOING, AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON‑INFRINGEMENT. EXCEPT AS OTHERWISE SPECIFIED IN THIS TERMS AND CONDITIONS, THE SERVICES AND ALL ELEMENTS OF THE SERVICES ARE PROVIDED BY RELIEF GURU TO THE BUSINESS AND PROFESSIONAL “AS-IS”, “WHERE LOCATED” AND “AS AVAILABLE”.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LEGISLATION, UNDER NO CIRCUMSTANCES WILL RELIEF GURU, ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OR SHAREHOLDERS BE HELD LIABLE FOR ANY INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOST DATA, INACCURATE DATA, BUSINESS INTERRUPTION, LOSS OF PROFITS, LATE COSTS, EXPECTATION LOSSES, REPUTATIONAL DAMAGE OR ANY OTHER DAMAGE THAT IS NOT AN IMMEDIATE AND DIRECT RESULT OF THE CORPORATION’S GROSS NEGLIGENCE. INDIRECT DAMAGES ARE TO BE DEEMED TO INCLUDE SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF THE CLIENT HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. RELIEF GURU IS NOT LIABLE FOR ANY LOSS, EXPENSE, DAMAGES OF ANY NATURE, ERRORS, NEGLIGENCE, FRAUD, OR ANY OTHER ACTS OR OMISSIONS ARISING FROM THE PROVISION OF SERVICES UNDER THESE TERMS AND CONDITIONS AND DISCLAIMS ALL LIABILITY ARISING OF THE CONDUCT OF ANY PROFESSIONAL OR BUSINESS. RELIEF GURU’S TOTAL LIABILITY OR THAT OF ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS AND SUBCONTRACTORS IS NOT TO EXCEED THE TOTAL AMOUNT ACTUALLY PAID OR PAYABLE BY THE BUSINESS TO RELIEF GURU FOR THE APPLICABLE SERVICES OR RELATED SERVICES DURING THE 6 MONTHS PRECEDING THE BUSINESS’S CLAIM. THIS DOES NOT INCLUDE ANY AMOUNTS THAT RELIEF GURU COLLECTS ON BEHALF OF THE PROFESSIONAL.
RELIEF GURU IS NOT LIABLE FOR ANY ACTS OF OMISSIONS OF THIRD‑PARTY SERVICES OR ADVERTISING, EVEN IF THEY ARE BUSINESS PARTNERS, APPROVED INTEGRATIONS OR AFFILIATES.
THE BUSINESS AND PROFESSIONAL SHALL INDEMNIFY AND SAVE RELIEF GURU HARMLESS FROM ANY AND ALL LIABILITY, LOSSES, SUITS, CLAIMS, DEMANDS, COSTS, FEES, AND ACTIONS OF ANY KIND OR NATURE WHATSOEVER TO WHICH RELIEF GURU MAY BECOME LIABLE FOR OR SUFFER:
a. BY REASON OF ANY BREACH, VIOLATION OR NON-PERFORMANCE OF ANY COVENANT, TERM, OR PROVISION OF THIS TERMS AND CONDITIONS BY PROFESSIONAL OR BUSINESS; OR
b. BY REASON OF ANY ACT, NEGLECT, DEFAULT, INJURY, LOSS, DAMAGE, OR DEATH RESULTING FROM, OCCASIONED TO OR SUFFERED BY ANY PERSON OR PERSONS, OR TO ANY PROPERTY, BECAUSE OF SUCH ACT, NEGLECT OR DEFAULT ON THE PART OF BUSINESS OR PROFESSIONAL, OR THEIR EMPLOYEES, AGENTS OR REPRESENTATIVES, CUSTOMERS, SERVANTS, SUBCONTRACTORS, LICENSEES OR INVITEES IN, ABOUT, OR UPON THE BUSINESS’S PREMISES DURING A SHIFT.
IN THE EVENT RELIEF GURU SHALL BE MADE A PARTY TO ANY LITIGATION COMMENCED BY OR AGAINST THE BUSINESS OR PROFESSIONAL, THE BUSINESS OR PROFESSIONAL SHALL INDEMNIFY AND SAVE RELIEF GURU HARMLESS AGAINST ANY LOSSES, DAMAGES, OR CLAIMS WHATSOEVER ARISING THEREFROM AND SHALL PAY ALL COSTS, EXPENSES INCLUDING REASONABLE LEGAL FEES ON A SOLICITOR AND THEIR OWN CLIENT FULL INDEMNITY BASIS, INCURRED OR PAID BY RELIEF GURU IN CONNECTION WITH SUCH LITIGATION.
IN ADDITION TO THE OTHER LIMITATIONS SET OUT IN THIS ARTICLE IN NO EVENT SHALL RELIEF GURU BE LIABLE TO THE PROFESSIONAL OR BUSINESS FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR CONTINGENT DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR PROFIT, OR LOSS OF USE OF EITHER, OR COSTS OF CAPITAL. IF, DESPITE THE FOREGOING LIMITATIONS, FOR ANY REASON RELIEF GURU BECOMES LIABLE TO THE PROFESSIONAL OR THE BUSINESS IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE TOTAL LIABILITY OF RELIEF GURU SHALL BE LIMITED TO THE TOTAL AMOUNT THAT REMAINS OWING BY RELIEF GURU TO THE PROFESSIONAL OR BUSINESS PURSUANT TO THESE TERMS AND CONDITIONS. RELIEF GURU DOES NOT HOLD LIABILITY INSURANCE FOR THE SHIFTS WORKED BY THE PROFESSIONAL. RELIEF GURU HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF THE BUSINESS OR PROFESSIONAL AND AS SUCH, TO THE MAXIMUM EXTENT ALLOWED BY THE LAW, SHALL NOT BE HELD LIABLE FOR THE ACTS OR OMISSIONS OF THE PROFESSIONAL OR BUSINESS.
13. Notices
Relief Guru may give you notices by means of electronic mail to the email address listed in your Account or by written communications sent to your address listed in your Account. You may give notice to Relief Guru by written communication to Relief Guru’s address at Shifts5@reliefguru.com.
14. Privacy Policy and Collection of Data
By using the Application and accessing the Services, you agree to the collection and use of your personal information subject to Relief Guru’s privacy policy located at LINK. Relief Guru will make reasonable efforts to keep its data and information accurate, current and up-to-date; however, Relief Guru cannot guarantee that all of the information on the Application is current. Relief Guru maintains the right to monitor and/or record chat interactions which occur within the Application. Relief Guru reserves the sole right, at its sole discretion, to monitor the information or material the Professional and Business contribute, post, transmit, publish, and otherwise make available through the Application. Relief Guru will have the right to remove any such information or material that, in its sole opinion, violates, or may violate, any applicable law, either the letter or spirit of the Terms and Conditions, or upon the request of any third party.
15. Other Provisions
These Terms and Conditions is governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. The parties to this agreement hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Alberta to settle any dispute arising out of this Terms and Conditions.
You agree that by using the Application or by selecting “I Accept”, “Submit”, or an equivalent confirmatory action, you are expressing your intention to sign the relevant document or record, and this action will be considered as your electronic signature.
If any provision of these Terms and Conditions is determined to be invalid or unenforceable, such provision shall be removed and shall not affect the validity or enforceability of the remaining provisions of this Terms and Conditions.
Neither party is to be liable for any delay or failure to perform its obligations under these Terms and Conditions (except for payment obligations) if the delay or failure is due to causes beyond its control, such as strikes, blockades, riots, denial of service attacks, zero‑day attacks, war, acts of terrorism, natural disasters, pandemic, governmental act, failures or reductions of power supply, telecommunications, data networks or services, or any other failure or destruction of critical infrastructure.
Failure by Relief Guru to enforce its rights in respect of a breach of these Terms and Conditions does not constitute a continuing waiver by Relief Guru to enforce its rights in respect of the same, or any other breach of these Terms and Conditions, following such waiver.
These Terms and Conditions constitutes the entire agreement between you and Relief Guru with respect to the subject matter hereof and, unless otherwise specified, supersedes all prior or contemporaneous communications, proposals, and representations, oral or written, relating to the Services with respect to any other matter covered by these Terms and Conditions.
The Business and Professional expressly consent and agree to accepting and receiving communication from Relief Guru, including via email, mail, text message, messaging mobile apps including WhatsApp, and push notifications to the cellular telephone number listed within your Account.
