Terms of Purchase

This website is owned and operated by Elite Care Canada Inc. of 45 Sheppard Ave. East, Suite 900, Toronto, Ontario, M2N 5W9 and its affiliates.
These Terms of Purchase were last revised on: April 1, 2008
The Terms of Purchase govern any purchase you make throuh the services of Elite Care Canada and apply in addition to the Terms of Contract signed on an individual basis between clients and Elite Care Canada. The Terms and Conditions of this website and these Terms of Purchase constitute an agreement between you and Elite Care Canada with respect to this website and the purchase you have made and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Dyson with respect to this website and any purchase you make through this website.

1. If you wish to hire a caregiver through Elite Care Canada please follow the instructions provided by the staff members working on your case.

2. A signed contract with Elite Care Canada is an agreement to buy from Elite Care Canada. Elite Care Canada reserves the right not to accept an order at its sole discretion. Cancellations may be made at any time, though the conditions of refund depend upon complience with all contracts between Elite Care Canada and its clients.

3. Once you have submitted your family profile, you will receive an e-mail confirming its receipt. Such e-mail is a confirmation that the profile has been received by Elite Care Canada and does not constitute acceptance of your case. Elite Care Canada reserves the right at any time after receipt of your profile and before the mutual signing of a contract between yourself and Elite Care Canada to accept or decline your order for any reason, regardless of whether your order has been confirmed.

4. Payment for the services you order must be made by a specified means. Payment through conventional mail or by proxy is made at your own risk. All prices are in Canadian dollars.

5. The prices and availability of the goods displayed on this website are subject to change without notice. Prices are subject to all applicable taxes which are in addition to the listed price.

6. Elite Care Canada’s placements are covered by a limited 6 month replacement guarantee. For details, please refer to Elite Care Canada 6-Month Replacement Guarantee. OTHER THAN THE ELITE CARE CANADA WARRANTY AND TO THE EXTENT PERMITTED BY APPLICABLE LAWS, ELITE CARE CANADA PROVIDES NO CONDITION, REPRESENTATION AND GUARANTEE WITH RESPECT TO THE SERVICE THAT YOU PURCHASE FROM THIS WEBSITE

7. You may cancel your order by notifying Elite Care Canada in writing within 3 days of faxing or emailing a copy of your signed contract to Elite Care Canada:
a. by post to the address above, marked for the attention of Customer Service, or :
b. by fax to fax number [ 416-352-5951 ] marked for the attention of Customer Service, or :
c. by e-mail to reception@elitecarecanada.ca :
You must then cease employment-related contact with any caregiver that Elite Care Canada or its affiliates have introduced you to. Any breach of this condition is considered a serious offence.

8. Elite Care Canada will notify you of any amendments to the Terms of Purchase in accordance with applicable laws.

9. IN NO EVENT SHALL ELITE CARE CANADA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS, ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DAMAGE TO PROPERTY, PERSONAL INJURY OR DEATH ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF PURCHASE OR ANY USE OF THE PRODUCTS THAT YOU PURCHASE FROM THIS WEBSITE, EVEN IF ELITE CARE CANADA OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, AND WITHOUT LIMITING THE FOREGOING, ELITE CARE CANADA'S TOTAL CUMULATIVE LIABILITY TO YOU ARISING HEREUNDER SHALL BE AN AMOUNT NO GREATER THAN THE COSTS OF THE GOODS PURCHASED. THE LIMITATIONS ON ELITE CARE CANADA’S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, OR CIVIL LIABILITY, OR BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THE LIMITATIONS ON ELITE CARE CANADA’S LIABILITY SHALL APPLY NOTWITHSTANDING THE BREACH OF A FUNDAMENTAL TERM OR CONDITION AND SHALL APPLY NOTWITHSTANDING ANY FUNDAMENTAL BREACH OF THESE TERMS AND CONDITIONS. DYSON CANNOT AND WILL NOT ASSUME ANY LIABILITY FOR UNAUTHORIZED OR FRAUDULENT USE OF THIS WEBSITE OR ANY PURCHASE MADE FRAUDULENTLY ON YOUR BEHALF.

10. The Terms of Purchase are governed and interpreted pursuant to the laws of Ontario, Canada and the federal laws of Canada applicable therein, notwithstanding any principles of conflicts of law. If any part of the Terms of Purchase is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions. All waivers under these Terms of Purchase shall be in writing and signed by you and Dyson.

11. In the event of any inconsistency between these Terms of Purchase and the Terms and Conditions of this website, these Terms of Purchase shall prevail.

12. It is the express wish of the parties that these Terms of Puchase and all related documents be drawn up in English. C’est la volonté expresse des parties que cette convention de vente ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.