Introduction
These Terms and Conditions (“Terms”) govern every visit to and use of the SeniorNest.ca website, its companion mobile or desktop applications, resident‐portal kiosks, and any related application-programming interfaces (collectively, the “Services”). Senior Nest Living Inc., a corporation incorporated under the federal laws of Canada (“Senior Nest,” “we,” “our,” or “us”), operates and markets independent-living, assisted-living, and memory-care residences throughout Canada and provides an online platform for accommodation inquiries, service management, and family communications. By accessing or using any portion of the Services, you (“Resident,” “Applicant,” “you,” or “your”) confirm that you have read, understood, and agree to be legally bound by these Terms.
Agreement to Terms
You accept these Terms when you (a) create an online profile or application, (b) click “I Agree,” “Accept,” or similar, (c) execute a residency agreement or service addendum that references these Terms, or (d) otherwise use the Services. If you act on behalf of a resident (e.g., as attorney-in-fact, guardian, or corporate sponsor), you represent that you have authority to bind that resident or entity; in such case, references to “you” include the resident. If you do not agree to every provision herein, do not use the Services.
Description of Services
Senior Nest provides, subject to the residency agreement or chosen package:
Accommodation – private suites or apartments with housekeeping, utilities, and 24/7 emergency response;
Hospitality & Dining – chef-prepared meals, nutritional planning, and special-diet accommodation;
Personal Care – medication administration, bathing assistance, and wellness monitoring (where selected);
Recreation & Transport – daily activities, excursions, and scheduled shuttle service;
Family Portal – secure messaging, event calendars, billing statements, and real-time care updates.
The scope, frequency, and pricing of individual services are governed by your signed residency agreement and any subsequent service plans.
Resident Responsibilities
You agree to:
provide accurate medical, financial, and contact information and update it promptly;
comply with community guidelines on safety, conduct, and infection-control measures;
pay accommodation fees, care premiums, and ancillary charges on or before the due dates specified on invoices;
maintain personal insurance for belongings and personal liability;
notify management in writing of absences longer than forty-eight (48) hours; and
respect the privacy, dignity, and safety of other residents, visitors, and staff.
Limitation of Liability
To the fullest extent permitted by law, Senior Nest and its affiliates will not be liable for indirect, incidental, consequential, special, punitive, or exemplary damages—including lost income, emotional distress, or loss of personal property—arising out of or related to the Services, even if advised of the possibility. Our aggregate liability for all claims under these Terms will not exceed the lesser of (a) CAD 10 000 or (b) the accommodation and service fees you paid in the six (6) months preceding the event giving rise to liability. Nothing in this Section limits liability that cannot legally be limited, including liability for bodily injury caused by gross negligence or wilful misconduct.
Intellectual Property
All software, care-plan templates, images, logos, videos, and documentation incorporated in or generated by the Services are and remain the exclusive property of Senior Nest or its licensors and are protected by Canadian and international intellectual-property laws. Subject to continuous compliance with these Terms, you receive a non-exclusive, non-transferable, revocable licence to use the Services solely for personal or internal family purposes. Commercial reproduction or distribution is prohibited without prior written consent.
Governing Law and Jurisdiction
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. Any dispute, controversy, or claim arising out of or relating to these Terms, the Services, or a residency relationship shall be resolved exclusively in the courts located in Toronto, Ontario, and each party irrevocably submits to that jurisdiction.
Termination of Access
We may suspend or terminate your portal access or, subject to provincial tenancy and care-home legislation, end a residency: (a) upon thirty (30) days’ written notice if you materially breach these Terms or your residency agreement and fail to cure within that period; (b) immediately if required by law, regulatory order, or health-and-safety risks; or (c) if accommodation or care fees remain unpaid for more than fifteen (15) days. Sections 5–7 and 9–11 survive termination.
Refund Policy
Accommodation Fees: Pre-paid monthly accommodation fees are refundable on a pro-rated basis if residency ends mid-month, less any lawful deductions for damage beyond normal wear.
Care & Ancillary Services: Pre-paid care premiums and optional services are refundable only for fully unused days. Non-refundable deposits, if any, are detailed in your residency agreement. Statutory cooling-off periods under residential-tenancy or care-home legislation remain unaffected.
Changes to Terms
We may modify these Terms to reflect changes in law, regulatory guidance, or service offerings. Revised Terms will be posted with a new “Effective Date” and, for material changes, provided to residents or their representatives at least thirty (30) days in advance by email, portal notice, or printed circular. Continued use of the Services after the effective date constitutes acceptance of the updated Terms.
Effective Date
These Terms and Conditions are effective as of 19 June 2025 and apply to all access to or use of the Services on or after that date.