Terms & Policies

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and ScrubUP Inc. ("ScrubUP", "we", "us", or "our"), a company incorporated under the laws of Canada, governing your access to and use of the ScrubUP platform, website, and mobile application (collectively, the "Platform").

By registering for an account, clicking "I Agree," or otherwise accessing or using the Platform, you confirm that you are at least 18 years of age, have the legal capacity to enter into a binding contract under the laws of your province or territory, and have read, understood, and agree to these Terms in their entirety.

If you are accepting these Terms on behalf of a healthcare facility, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and all references to "you" will include that entity.

These Terms are supplemented by our Privacy Policy, Credential Verification Policy, and any additional guidelines or rules posted on the Platform. In the event of a conflict, these Terms prevail unless expressly stated otherwise.

ScrubUP operates a technology-based marketplace platform that connects licensed and credentialed healthcare professionals ("Professionals") with healthcare facilities, clinics, long-term care homes, home care agencies, and other care providers ("Facilities"). ScrubUP provides tools for shift posting, credential management, scheduling, digital timesheets, and in-platform communications.

ScrubUP is a technology intermediary only. We are not a resourcing agency, employment agency, healthcare employer, or regulated health authority. We do not direct or supervise the provision of any healthcare services, nor do we assume responsibility for the quality of clinical care provided by any Professional using the Platform.

ScrubUP does not guarantee that any Professional will receive shift offers, or that any Facility will successfully fill a posting. The Platform facilitates connections — all decisions to engage, hire, or assign are made exclusively by the respective users.

ScrubUP reserves the right to modify, suspend, or discontinue any feature or the entire Platform at any time, with or without notice, and shall not be liable to you or any third party for any such modification, suspension, or discontinuation.

To access the full features of the Platform, you must create an account and provide accurate, complete, and current information. You agree to update your account information promptly if any details change.

Professionals must hold current, valid licensure or registration with the applicable regulatory college or body in the jurisdiction(s) where they intend to work (e.g., the College of Nurses of Ontario, the College and Association of Registered Nurses of Alberta, or the equivalent body in your province or territory). Evidence of licensure must be provided during onboarding and maintained for the duration of your account.

You are solely responsible for maintaining the confidentiality of your account credentials. You agree to notify ScrubUP immediately at admin@scrubup.ca upon becoming aware of any unauthorized use of your account or any other breach of security. ScrubUP will not be liable for any loss or damage arising from your failure to comply with this obligation.

You may not create more than one account per individual or entity, transfer your account to another person, or allow any other person to use your account. ScrubUP may verify the identity of users at any time.

ScrubUP collects, uses, and discloses personal information in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA), S.C. 2000, c. 5, and applicable provincial privacy legislation, including the Personal Information Protection Act (PIPA) in British Columbia and Alberta, where applicable.

We collect personal information for the purposes of operating the Platform, verifying credentials, facilitating matches between Professionals and Facilities, processing payments, communicating with users, and complying with legal obligations. We collect only the information reasonably necessary to fulfill these purposes.

We do not sell, rent, or trade your personal information to third parties for commercial purposes. We may share information with trusted service providers who assist us in operating the Platform under strict confidentiality agreements, and with regulatory bodies or law enforcement where required by law.

You have the right to: (a) access the personal information we hold about you; (b) request correction of inaccurate information; (c) withdraw consent for certain uses, subject to legal and contractual restrictions; and (d) request deletion of your data, subject to applicable retention obligations. To exercise these rights, contact admin@scrubup.ca.

We retain personal information only as long as necessary to fulfill the purposes for which it was collected, or as required by law. Upon account deletion, your data will be anonymized or deleted within 90 days, except where retention is required for legal, regulatory, or audit purposes.

In the event of a privacy breach involving your personal information that poses a real risk of significant harm, we will notify you and the Office of the Privacy Commissioner of Canada as required under PIPEDA.

To the extent that the Platform processes personal health information, we comply with applicable provincial health privacy legislation, including the Personal Health Information Protection Act (PHIPA), S.O. 2004, c. 3, Sched. A (Ontario) and the Health Information Act (HIA), R.S.A. 2000, c. H-5 (Alberta), and equivalent legislation in other provinces and territories.

ScrubUP limits the collection of health information to what is strictly necessary for credential verification and compliance purposes. Professional licensing status, immunization records, and mandatory health clearances are processed solely for the purpose of confirming fitness to practice.

Facilities using the Platform acknowledge that they are custodians or trustees of personal health information under applicable legislation and remain solely responsible for ensuring their use of the Platform complies with their obligations as a health information custodian or trustee.

ScrubUP implements administrative, technical, and physical safeguards designed to protect health information, including encryption in transit and at rest, role-based access controls, and audit logging of access to sensitive data.

ScrubUP performs credential verification as a platform feature to assist Facilities in confirming the standing of Professionals. This verification is based on information provided by users and data obtained from publicly accessible regulatory databases. ScrubUP does not guarantee the accuracy, completeness, or currency of credential information, and verification by ScrubUP does not constitute an endorsement or guarantee of a Professional's clinical competence, fitness to practice, or suitability for any particular role.

Each Professional is solely and exclusively responsible for: (a) maintaining current, valid registration or licensure with all applicable regulatory colleges or bodies; (b) disclosing any limitations, restrictions, suspensions, or conditions on their licence; (c) holding and maintaining any certifications required for their specialty (e.g., BLS, ACLS, WHMIS); (d) ensuring they are legally authorized to work in Canada and in the relevant province or territory.

Providing false, misleading, or outdated credential information is a material breach of these Terms and may result in immediate account termination, referral to the applicable regulatory college, and where appropriate, reporting to law enforcement authorities.

Facilities remain responsible for conducting their own due diligence, including confirming credentials and compliance requirements, before permitting any Professional to provide services at their site. ScrubUP's credential verification is a supplementary tool, not a substitute for a Facility's own obligations under applicable law and accreditation standards.

Nothing in these Terms, and nothing arising from the use of the Platform, creates or implies an employment relationship, agency relationship, partnership, joint venture, or franchise between ScrubUP and any user. Professionals who engage through the Platform do so as independent contractors and are not employees, agents, or representatives of ScrubUP.

ScrubUP does not set work schedules, direct clinical tasks, supervise patient care, or control the means and manner by which Professionals perform their services. The Facility that engages a Professional is solely responsible for any direction, supervision, and management of that Professional during a shift engagement.

Professionals are solely responsible for their own tax obligations, including reporting income to the Canada Revenue Agency (CRA) and remitting applicable federal and provincial taxes. ScrubUP does not withhold income tax, CPP contributions, or EI premiums on behalf of Professionals unless required to do so by law.

This Section does not affect the characterization of the relationship between a Facility and a Professional, which is governed by their own agreement, the applicable employment standards legislation, and any applicable collective agreements.

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You must not: (a) upload or transmit any content that is false, defamatory, harassing, discriminatory, or in violation of the Canadian Human Rights Act, R.S.C. 1985, c. H-6, or applicable provincial human rights codes; (b) impersonate any person or entity, or misrepresent your affiliation with any person or entity; (c) attempt to gain unauthorized access to any portion of the Platform or any other systems or networks connected to the Platform; (d) use the Platform to transmit unsolicited commercial electronic messages in violation of Canada's Anti-Spam Legislation (CASL), S.C. 2010, c. 23; (e) scrape, copy, or reproduce any content from the Platform without our written permission; (f) introduce any malware, viruses, or other harmful code.

You agree not to use the Platform to circumvent, avoid, or bypass ScrubUP's fee structure by arranging engagements with users you connected with through the Platform outside of the Platform's payment systems. Such circumvention is a material breach of these Terms.

ScrubUP reserves the right, at its sole discretion, to remove any content, suspend or terminate any account, and take any other action we deem necessary to enforce these Terms or to protect the integrity of the Platform and its users.

ScrubUP may charge service fees to Professionals and/or Facilities as described in the applicable fee schedule posted on the Platform. Fee schedules are subject to change with reasonable notice.

All amounts are stated and transacted in Canadian dollars (CAD) unless otherwise specified. Users are responsible for all applicable taxes, including GST/HST, PST, or QST, that may apply to transactions processed through the Platform.

ScrubUP is not responsible for any disputes between Professionals and Facilities regarding compensation, hours worked, or the quality of services rendered. Such disputes must be resolved directly between the parties, subject to any dispute resolution mechanisms available through the Platform.

In the event of a payment dispute with ScrubUP, you agree to contact us at admin@scrubup.ca within 30 days of the disputed transaction. Failure to do so constitutes a waiver of any claim arising from that transaction.

The Platform, including its software, design, text, graphics, logos, trademarks, and all other content created by ScrubUP, is the exclusive property of ScrubUP Inc. and is protected by Canadian copyright law (Copyright Act, R.S.C. 1985, c. C-42), trademark law, and other applicable intellectual property legislation.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for its intended purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any portion of the Platform without our prior written consent.

By submitting content to the Platform (including profile information, reviews, or communications), you grant ScrubUP a non-exclusive, worldwide, royalty-free licence to use, display, and process that content as necessary to operate and improve the Platform. You represent that you have all necessary rights to grant this licence.

"ScrubUP" and all related logos, names, and marks are trademarks of ScrubUP Inc. You may not use our trademarks without our prior written permission.

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ScrubUP EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

ScrubUP DOES NOT WARRANT THAT: (A) THE PLATFORM WILL OPERATE WITHOUT INTERRUPTION OR ERROR; (B) ANY INFORMATION ON THE PLATFORM IS ACCURATE, COMPLETE, OR CURRENT; (C) THE PLATFORM WILL MEET YOUR REQUIREMENTS; OR (D) ANY DEFECTS WILL BE CORRECTED.

ScrubUP DOES NOT PROVIDE MEDICAL, CLINICAL, OR REGULATORY ADVICE. NOTHING ON THE PLATFORM CONSTITUTES OR SHOULD BE CONSTRUED AS PROFESSIONAL MEDICAL, LEGAL, OR REGULATORY ADVICE. USERS SHOULD CONSULT QUALIFIED PROFESSIONALS FOR ADVICE SPECIFIC TO THEIR SITUATION.

Some jurisdictions do not permit the exclusion of certain implied warranties. To the extent such warranties cannot be excluded, they are limited in duration to the minimum period permitted by applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE CANADIAN LAW, ScrubUP INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, OR PERSONAL INJURY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, ScrubUP'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO ScrubUP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).

ScrubUP IS NOT RESPONSIBLE FOR THE CONDUCT, ACTIONS, OR OMISSIONS OF ANY PROFESSIONAL OR FACILITY USING THE PLATFORM, INCLUDING ANY HARM TO PATIENTS, CLIENTS, OR THIRD PARTIES ARISING FROM A PROFESSIONAL'S CLINICAL PRACTICE.

You agree to indemnify, defend, and hold harmless ScrubUP Inc. and its affiliates, directors, officers, employees, agents, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of or access to the Platform; (b) your breach of these Terms; (c) your violation of any applicable law, regulation, or third-party right, including any regulatory or professional obligation; (d) any false, misleading, or inaccurate information you provided to ScrubUP or to other users; (e) any clinical services provided by you as a Professional, or any failure to provide services; or (f) any dispute between you and another user of the Platform.

ScrubUP reserves the right to assume exclusive control of the defense of any matter subject to indemnification by you. You agree to cooperate with ScrubUP's defense of such claims and not to settle any claim without our prior written consent.

By creating an account, you expressly consent to receive transactional and operational electronic messages from ScrubUP, including account notifications, shift alerts, verification updates, and system communications. These communications are necessary for the operation of the Platform and are not subject to CASL opt-out rights.

If you consent to receive promotional or marketing communications, you may withdraw that consent at any time by clicking "unsubscribe" in any marketing email or by emailing admin@scrubup.ca. Withdrawal of consent for marketing communications does not affect transactional messages.

ScrubUP complies with Canada's Anti-Spam Legislation (CASL), S.C. 2010, c. 23. We maintain records of consents in accordance with CASL requirements. You agree not to use the Platform to send commercial electronic messages to other users without their express or implied consent as defined under CASL.

You may close your account at any time by contacting admin@scrubup.ca. Upon closure, your access to the Platform will be revoked and your data will be handled in accordance with our Privacy Policy and applicable data retention obligations.

ScrubUP may, at its sole discretion and without prior notice, suspend or permanently terminate your account if: (a) you breach any provision of these Terms; (b) we are required to do so by applicable law or court order; (c) your use of the Platform poses a risk to patient safety, public health, or other users; (d) your professional licence or registration is suspended, revoked, or subject to restrictions; or (e) we determine that your account has been used for fraudulent, unlawful, or harmful purposes.

Upon termination, all licences granted to you under these Terms immediately cease. Sections of these Terms that by their nature survive termination (including Sections 10 through 16) shall continue to apply.

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

In the event of a dispute arising from or relating to these Terms or your use of the Platform, the parties agree to first attempt to resolve the dispute informally by contacting ScrubUP at admin@scrubup.ca. ScrubUP will make reasonable efforts to respond within 15 business days.

If the dispute cannot be resolved informally within 30 days of notice, either party may pursue formal legal proceedings. You agree that any legal action shall be brought exclusively in the courts of competent jurisdiction in the Province of Ontario, and you consent to the personal jurisdiction of such courts.

Nothing in this Section prevents ScrubUP from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

Entire Agreement. These Terms, together with the Privacy Policy and any additional policies incorporated by reference, constitute the entire agreement between you and ScrubUP with respect to the Platform and supersede all prior agreements, representations, and understandings.

Severability. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Waiver. ScrubUP's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any breach shall not be deemed a waiver of any subsequent breach.

Modifications. ScrubUP reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Platform with a revised "Last Updated" date, and where required by law, by direct notification. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the revised Terms.

Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. ScrubUP may assign or transfer these Terms, or any of our rights and obligations hereunder, without restriction.

Questions & Contact. For any questions, concerns, data access requests, or legal notices, please contact ScrubUP Inc. at: