Terms of Service Last Updated: November 24, 2022

TempStars Terms

Sudden Turtle Dental Consulting Inc. (“TempStars”, “we”, “us” and terms of similar meaning) provides this web site and the services provided by or through this web site to you subject to these terms and conditions of use (these “Terms”). In these terms we call this web site, any successor web sites (together, the “Site”) and the software we provide (including the Site and any mobile applications we provide) the “Application”. We refer to the services provided by the Application as the “Services”.

Please read these Terms carefully before using the Services. By accessing or using the Services you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Services. The Services are not intended to be used by children. You must be at least of the age of majority to use the Services.

General

In these Terms, users of the Services who are dentists, dental practices or others looking for temporary contract support (whether they are individuals or companies or others) from dental practice support personnel such as dental hygienists are referred to as “Dentists”, while users of the Services who are using the Services to search for temporary work opportunities as dental practice support personnel are referred to as “Dental Personnel”. These Terms use the expression “Customer” to refer to registered users of the Services, whether they are Dentists or Dental Personnel, and all users of the Services, whether they be Customers or unregistered casual browsers of the Application, are referred to in these Terms as “Users”.

TempStars reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Services, at any time and in its sole discretion. If we do so, we will notify you at the email address you provide in your registration information, if any, or we will post a notice in the Application visible to you the next time you access the Application. If you do not agree with the changes, you can cancel your account with us without further obligation, except for the amount due for the balance of the billing period in which you cancel your account (if your billing period is monthly, we will prorate your account to the nearest month-end after cancellation) and except also, in the case of Dentists, for charges for placement of personnel Dental Personnel before termination (and also except as described in Section 3). Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Application, and your continued use of the Services after such time will constitute your acceptance of such changes or modifications.

You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Services. The Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through the Application.

TempStars is not an employment or placement agency – rather it is a tool that allows dental professionals to find and book employment opportunities (typically short-term and short-notice) using a self-service platform. TempStars charges a fee to the Dentist for each placement of Dental Personnel into temporary positions.

1. Privacy Policy.

Please refer to TempStars’ privacy policy, available at www.tempstars.ca/privacy (the “Privacy Policy”) for information on how TempStars collects, uses and discloses personally identifiable information from its users. By using the Services you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.

2. Registration Data; Account Security. If you register for an account on the Application, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Application (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to TempStars, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to TempStars. You are responsible for all activity on your TempStars account, and for all charges incurred by your TempStars account. You agree that all other information you enter into the Application will the accurate and truthful, and that you will have all necessary rights and authority to do so.

3. Fees and Charges; Taxes. At present, we do not charge any fees to Dental Personnel for the use of the Services, and the only fees we charge to Users for the Services are charged to Dentists. Fees and any other charges for the use of the Application are described on the Site. They may change from time to time. If we change them, we will give you at least 30 days’ notice. If they do change, your continued use of the Services after the change indicates your agreement with the new fees and charges after the effective date of the change. Any changes to fees and other charges will not be applicable to the billing period in which the change occurs, and will not be applicable to any placement service we provide before the date of the change. Your obligation to pay fees due to us survives any termination of your account or these Terms.

Please note that the placement fees charged to Dentists for the Service apply to any temporary placement of any Dental Personnel registered with us to whom the Dentist was introduced through the Application whether that placement is arranged through the Application or not and for any such placement even if it occurs after the termination of the Dentist’s account or these Terms, and if you are a Dentist and you do any such temporary placement outside of the Application you hereby authorize us to charge the applicable fee to your usual method of payment. Both the Dental Personnel and the Dentist is required to promptly notify us of any such placement arranged other than through the Application, and failure to do so may result in termination of your account (for clarity, the payment obligation survives any such termination).

TempStars is not responsible for paying dental personnel – that responsibility is the applicable Dentist’s. TempStars does not warrant or guarantee payment to Dental Personnel by the applicable Dentist. Dental Personnel are responsible for documenting their hours, rate of pay, date of birth, Social Insurance Number and other information the Dentist requires to process payment, prior to leaving the Dental’s service.

You are responsible for all taxes applicable to the fees and charges for the Services in any applicable jurisdiction.

Dental Personnel engaged through TempStars are classified as either independent contractors or temporary employees. This classification is determined based on the nature of the engagement, the degree of control exercised by the Dentist, and in accordance with local employment laws. Dental Personnel are advised to consult with a legal or tax professional to understand their status and obligations under this arrangement.  While TempStars may optionally act as the payment processor to facilitate payments from the dental office to the Dental Personnel, under all circumstances, the employment relationship (if one exists) or the contract arrangement is strictly between the Dental Personnel and the dental office who hires them for the work provided.

After receiving and reviewing the hygienist/assistant invoice, you simply click Pay Now and our system charges your credit card on file and we e-transfer the funds to the hygienist or assistant within 24h. However, hygienists and assistants are aware that some offices have an accounting department and processes to follow and they may receive a cheque in the mail for payment as long as it is received within the Payment Terms of the shift.

In the United States, depending on the state, some offices pay temporary hygienists and assistants as a 1099 Independent Contractor or a W2 Temporary Worker.  Consult with your local and state regulations, employment and tax laws and get independent legal and tax advice to know which applies at your local and state level. Payment is still made directly to the temporary hygienist or assistant. Hygienists and assistants are not employees of TempStars. Preferred payment is made the day of the shift, through an electronic process for immediate delivery. Again, some offices may have an accounting process they need to follow and it is acceptable for a cheque to be mailed as long as it is received within the Payment Terms of the shift. For more info visit this link.

Regarding Delinquent Payments to Dental Personnel

Dental Personnel are paid directly by the dental office as independent contractors or temporary employees.  At the time of posting a temp shift, dental offices specify the payment terms for the shift.  If the dental office is delinquent or delayed delivering payment to the temp after a completed shift, the dental office and authorized owner/representative hereby gives permission to TempStars to process charges on the dental office credit card equal to the outstanding amount due to the temp, plus a processing fee to cover bank/transaction costs.  The payment will be forwarded directly to the temp by TempStars without deduction, and this payment shall be considered as having been paid directly to the Dental Personnel by the dental office.

Regarding Payment Disputes

Occasionally, a temping shift may get cancelled or otherwise fall through, and TempStars is not made aware at the time by the dental office or Personnel.  For Dental Offices, if it happens that Dental Personnel does not arrive at and successfully complete a shift, you agree to notify TempStars within 48hrs, to prevent automatic billing from being processed, and to allow an opportunity for a refund to be processed if billing was processed.  If, as a dental office, you do not notify TempStars within 48hrs of a scheduled temping shift being cancelled or otherwise falling through, you agree that the shift is considered successfully completed and the placement fee applies ($38USD, $57CAD).

TempStars Affiliate Program

By using, sharing, or otherwise distributing a TempStars Affiliate Link, you are participating in TempStars Affiliate Program and agree to the Terms of Service of TempStars Affiliate Program.  See TempStars Affiliate Program Terms of Service here.

Regarding Short-Notice Shift Cancellations by Dental Offices

If a dental office has a booked and confirmed shift and cancels the shift with less than 24hrs of notice, we will do our very best to find that hygienist or dental assistant a replacement shift. If we are successful, there is no short-notice cancellation fee. If we are unsuccessful, your office agrees to pay, and authorizes TempStars to process a payment to compensate that hygienist or assistant one half of the booked shift hours, minus 30min. For example, an office who books an 8hr shift @ $40/hr with short-notice cancellation, where we couldn’t book a replacement shift for the hygienist/assistant, would be responsible for: [0.5 x (shift hours) – 30min] x (hourly rate), which amounts to (0.5 x 4hrs) – 30min x $40/hr = $140. Please note, we do not charge our placement fee for cancelled shifts, this is only to compensate the hygienist/assistant for lost wages due to the short-notice cancellation.

Regarding Multiple Accounts

Hygienists, dental assistants, admin and associate dentists are restricted to one account per individual. Creating or attempting to register multiple accounts by the same individual may result in permanent removal/ban from the service.

Regarding SMS Messages

TempStars sends out SMS notifications for confirmation of booked shifts, as well to provide insights and notifications about potential opportunities for temping shifts or other work. Depending on mobile carriers, SMS text message fees may apply which are the sole responsibility of the user.  Dental Personnel may opt out of receiving these notifications, although for the service to function properly, it is important that Dental Personnel are clearly notified when a shift has been successfully booked.

4. Ownership, Copyright and Trademarks. In these Terms the content available through the Services, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”. Content provided by Users is called “User Content”. For example, information provided by a Dentist about that Dentist’s dental practice or a rating provided about a particular Dental Personnel is User Content of that Dentist, and information provided by a Dental Personnel about their work history or a rating provided about a particular Dentist is User Content of that Dental Personnel. User Content is that User’s property and their responsibility. TempStars’ only right to that User Content is the limited licenses to it granted in these Terms. Those licenses are described in Section 5 and Section 16 of these Terms.

Other than the User Content, the Services, all Content, the Application and all software available on the Services or used to create and operate the Services is the property of TempStars or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by TempStars.

Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. You acknowledge that the ratings you give using the Application may be viewed by other Users, and you agree to act responsibly when you review or rate any other person using the Services. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services. If you use the Services in a manner that permits third parties to view or otherwise access your User Content through the Services, you agree that we are permitted to provide to them the User Content, and also agree that we have no responsibility or liability for your provision or their use of such User Content.

5. Your Limited License of Your User Content to TempStars. We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Application and provide the Services, now and in the future. Users retain ownership of their intellectual property. However, by posting content on TempStars, you grant us a non-exclusive license to use, reproduce, and display this content as part of our Services. This does not transfer ownership of your content to TempStars..

Therefore, by posting or distributing User Content to or through the Services, you (a) grant TempStars and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content, in the manner in and for the purposes for which the Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity. If your User Content is intended for the use of other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Services, as described in Section 6 of these Terms. These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Services. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services. Please note that if you are a Customer, you can use the Application to display certain information about yourself to other Users. Please see the Site for more information about controlling the sharing and visibility of that information to other Users. Please also note that in certain contexts the Application allows other Users to post review or ratings of you. Again, please see the Site for more information about these features.

6. Our Limited License of Content to You .TempStars grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Services and to view, copy and print the portions of the Content available to you through the Services. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Content, or reproduce, distribute or display the Content (except for page cacheing) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Services or the Content other than for their intended purpose. Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by TempStars at any time. You represent and warrant that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. To request permission for uses of Content not included in this license, you may contact TempStars at the address set out at the bottom of these Terms.

7. Use of Interactive Areas and the Services. The Services may include discussion forums, bulletin boards, review services or other forums in which you or other Users may post reviews or other content, messages, materials or other items on the Services (“Interactive Areas”). If TempStars provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. User Content submitted to any public area of the Services will be considered non-confidential.

You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:

ï Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

ï Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

ï Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

ï Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

ï Unsolicited promotions, political campaigning, advertising or solicitations;

ï Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use;

ï Viruses, corrupted data or other harmful, disruptive or destructive files;

ï Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or

ï Content that, in the sole judgment of TempStars, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Services, or which may expose TempStars or its affiliates or its users to any harm or liability of any type.

Finally, TempStars has a “zero-tolerance” policy towards SPAM: you may not use the Interactive Areas or the Services generally to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the Services you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices. Any use of the Interactive Areas or other portions of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services.  Users are expected to maintain professional conduct in all interactions on the platform. This includes refraining from offensive language, respecting confidentiality, and adhering to professional standards. TempStars reserves the right to remove content that violates these guidelines.

8. Providing a Reliable and Secure Service. If you have spent any time reviewing the Services, you will hopefully have noticed that we take reliability and security seriously. We put a great deal of effort into ensuring that our service operates all the time, and that it is a secure environment for your data. We use what we believe to be “best-of-class” hosting services and security technologies and services that we believe provide you with a secure and safe environment. More information about these services and technologies is available on the Site. However, no system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use the Service, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.

9. No Responsibility for Third-Party Services, Sites or Content. As a service to our users, the Application may contain links to third-party Web sites (“Third-Party Sites”) or third-party content (“Third-Party Content”) and may provide access to third-party services (“Third-Party Services”), including payment processors and other payment intermediaries that you may use in connection with your use of the Services. You use Third-Party Sites, Third-Party Content (together, the “Third-Party Materials”) or Third-Party Services at your own risk. TempStars makes no claim or representation regarding Third-Party Materials and Third-Party Services, and provides them or links to them only as a convenience. Inclusion in the Services of Third-Party Materials does not imply TempStars’ endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Materials. TempStars accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Materials, or Web sites linking to the Services. When you leave the Services, our terms and policies no longer govern, and when you use Third-Party Services their terms and policies apply. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Materials and Third-Party Services, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. You also acknowledge that TempStars is not responsible for the acts or omissions of any other User, including for clarity any person you engage through the Services or by whom you are engaged through the Services, and that we make no representation or warranty about any other User. If you are engaging the services of a person or being engaged by a person through the Application you acknowledge that it is your responsibility to enter in appropriate agreements with them concerning that engagement.

10. Advertisements and Promotions. TempStars may run advertisements and promotions from third parties on the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than TempStars, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. TempStars is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Services.

11. Warranty Disclaimer. The Application, the Content and the Services are provided to you on an “as is” basis without warranties from TempStars of any kind, either express or implied. TempStars expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. TempStars does not represent or warrant that the Application, the Content or the Services are accurate, complete, reliable, current or error-free. While TempStars attempts to make your access to and use of the Services safe, TempStars does not represent or warrant that the Application, the Content or the Services are free of viruses or other harmful components. TempStars makes no representation or guarantee that any Dental Personnel or employment opportunities through the Service will be available or acceptable to you.

12. Limitation of Liability; Indemnity. Without limitation of the foregoing, neither TempStars nor its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) shall be liable for any punitive, aggravated, special, indirect or consequential damages, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Application, the Content or the Services, including without limitation any damages caused by or resulting from your reliance on the Application, the Content or the Services or other information obtained from TempStars or any other Released Party or accessible via the Application, the Content or the Services, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to TempStars or any other Released Party’s records, programs or services. In no event shall the aggregate liability of TempStars, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Application, the Content or the Services exceed the lesser of CDN$100, and any compensation paid by you for access to or use of the Application, the Content or the Services, as the case may be, during the three months prior to the date of any claim.

You shall defend, indemnify and hold harmless TempStars and the other Released Parties from any injuries, losses, damages of any kind (whether compensatory, direct, incidental, consequential or otherwise) (collectively, “Losses”) arising out of (i) your breach of these Terms or of any of our policies, rules, guidelines or standards; (ii) your use of the Application, the Content or the Services (including from the use of the Application, the Content or the Services by any person to whom you give access to your account); (iii) your interactions with any other User including any Losses suffered as a result of that interaction; (iii) your improper use of our Application, the Content or the Services; and (iv) your breach of any laws, regulations or third party rights. For clarity, this indemnity includes (x) an indemnity by each User who is a Dental Personnel for Losses, including the loss of dental office production, due to the failure of that Dental Personnel to keep a booking arrangement, and (y) an indemnity by each User who is a Dentist for Losses, including loss of income by Dental Personnel, due to the failure of that Dentist to keep a booking arrangement of that Dental Personnel, including but not limited to travel expenses of that Dental Personnel.

Limitation of Liability: In any arbitration arising out of or related to these Terms, TempStars shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages, even if informed of the possibility of such damages. The total liability of TempStars for any claim arising out of or relating to these Terms shall not exceed the amount paid by you for the Services during the twelve (12) months prior to the claim.

13. Communications. Notices that we give you (other than notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any number of ways, depending on the circumstances. For example, we may email you or telephone you at the contact information you provide in your Registration Data. Or we may post a notice in the dashboard area of your account on the Application, or post the notice elsewhere on the Application. When we post notices on the Application, we post them in the area of the Application suitable to the notice. It is your responsibility to periodically review the Application for notices.

Subject to the Privacy Policy, if you send to TempStars or post on the Application in any public area any information, ideas, inventions, concepts, techniques or know-how (“User Submissions”), for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information, you acknowledge that TempStars can use the User Submissions without acknowledgement or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to the User Submissions. We actively review User Submissions for new ideas. If you wish to preserve any interest you might have in your User Submissions, you should not post them to the Application or send them to us.

14. Binding Arbitration Clause

Arbitration Agreement: All claims and disputes arising under or relating to these Terms are to be settled by binding arbitration in the province of Ontario, Canada. The arbitration shall be conducted on a confidential basis pursuant to the Arbitration Act, 1991 of Ontario. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. An award of arbitration may be confirmed in a court of competent jurisdiction.

15. Class Action Waiver. Class Action Waiver: You hereby waive any right to commence or participate in any class action lawsuit against TempStars related to any claim, dispute or controversy and, where applicable, you hereby agree to opt out of any class proceeding against TempStars otherwise commenced.

16. Applicable Law and Venue. Governing Law and Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Ontario, Canada, and the parties hereby irrevocably consent to the personal jurisdiction and venue there.

17. Termination/Modification of License and Site Offerings. Notwithstanding any provision of these Terms, TempStars reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Services or Content; (c) change, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services or Content.

18. Explicit Consent for Arbitration. You acknowledge and agree that by accepting these Terms, you are waiving the right to a trial by jury and agreeing to resolve any and all disputes through binding arbitration, as provided above.

19. Inactive Accounts; Termination of Agreement. If your account is inactive for at least two months, we may deactivate your account. Deactivated accounts are not deleted – they are placed in storage and can be restored. We will notify you by email if we decide to deactivate your account. If you know in advance that your account will be inactive at some time and don’t want us to deactivate it, let us know in advance at help@tempstars.ca. If after your account has been deactivated it stays inactive and we don’t hear from you, we may terminate it at any time and without notice. You and TempStars may terminate your use of the Services including your account with us and these Terms at any time. If you terminate your account with us you must pay the fees applicable for the balance of the then current billing period (if your billing period is monthly, we will prorate your account to the nearest month-end after termination) or for any Services rendered before the date of termination, as the case may be. As noted in Section 3, your obligation to pay fees survives any termination of your account. When your TempStars account is terminated, your User Content will, shortly thereafter, not appear on the Services, except for User Content submitted to public areas of the Application such as a blog, forum, or reviews, which may remain on the Application after termination. We may also retain an archival copy of your User Content after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.

If these Terms expire or terminate for any reason, Sections 3, 4, 9, 11, 12, 14, 16, 17, 18, 19 and 20 and any representation or warranty you make in these Terms, shall survive indefinitely.

20. Working Relationships Agreed by Users Making Connections on TempStars. All Users, whether Dentists, Dental Personnel or others, are considered independent contractors or temporary employees with respect to the booking dental office.  Personnel are not employees or independent contractors of TempStars. Interactions with each other (the users) using TempStars service is a mutual agreement decided by the Dentists and Dental Personnel and not as employees or agents thereof. Payments to Dental Personnel are made directly to them by the applicable Dentist, and not by TempStars.

In Canada, TempStars hygienists and assistants are considered and paid as independent contractors or temporary employees and payment is always made directly to them. Hygienists and assistants are not employees of TempStars. The preferred method of payment is e-transfer the day of the shift. Alternatively, offices use the Pay Now feature in the app, the day of the shift. 

After receiving and reviewing the hygienist/assistant invoice, you simply click Pay Now and our system charges your credit card on file and we e-transfer the funds to the hygienist or assistant within 24h. However, hygienists and assistants are aware that some offices have an accounting department and processes to follow and they may receive a cheque in the mail for payment as long as it is received within the Payment Terms of the shift.

In the United States, depending on the state, some offices pay temporary hygienists and assistants as a 1099 Independent Contractor or a W2 Temporary Worker.  Consult with your local and state regulations, employment and tax laws and get independent legal and tax advice to know which applies at your local and state level. Payment is still made directly to the temporary hygienist or assistant. Hygienists and assistants are not employees of TempStars. Preferred payment is made the day of the shift, through an electronic process for immediate delivery. Again, some offices may have an accounting process they need to follow and it is acceptable for a cheque to be mailed as long as it is received within the Payment Terms of the shift. For more info visit this link.

21. Relations Among Users and TempStars. TempStars makes no representation, warranty, covenant or guarantee with respect to the qualifications, credentials, competence or license status or registration/ license number of any User. We do make a good faith effort to verify the validity of Dental Personnel certifications and qualifications, but the entire responsibility of verifying the credentials and license status of a User you deal with through the Services falls solely and exclusively with you, and we have no liability therefor, even if we fail to make any effort to verify the qualifications, credentials, competence or license status of that User. The registration/license number that an individual Dental Personnel has provided to us is generally included in the applicable booking details for verification by the Dentist, but if it is not, it is up to the Dentist to request that information from the Dental Personnel and verify that information.

In addition, Dental Personnel are responsible for familiarizing themselves with and following the infection control protocols of the applicable Dentist, and are responsible for their own actions when at the Dentist’s office, and for following proper infection control guidelines. If Dental Personnel are uncomfortable with any of the infection control protocols of a Dentist’s office, it is the Dental Personnel’s responsibility to address that issue, including by refusing to work there. You are responsible for your conduct in relation to TempStars and other Users. In particular, if you cancel any engagement you secure through TempStars without the minimum notice required by TempStars or the other User, we reserve the right to suspend or terminate your access to the Services.

If Dental Personnel find an engagement with a Dentist through TempStars they must immediately inform TempStars of any additional temporary, maternity, sick -leave, or permanent employment opportunities accepted by them from that Dentist (or any related or associated office) within a period of 8 months subsequent to the last day of that original engagement.

22. Miscellaneous. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. TempStars may assign any or all of its rights and/or obligations hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of TempStars, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and TempStars regarding your use of the Application, the Content and the Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and TempStars regarding your use of them. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.

23. Alberta Employment Agency Business Licensing Regulation This Section 20 applies to any Dental Personnel who is an “individual” as described in Section 10(1) of the Alberta “Employment Agency Business Licensing Regulation”:

Fee Prohibition. Section 12 of the Employment Agency Business Licensing Regulation prohibits an employment agency business operator from directly or indirectly demanding or collecting a fee, reward or other compensation (a) from an individual who is seeking employment or from another person on that individual’s behalf, (b) from an individual who is seeking information respecting employers seeking employees or from another person on that individual’s behalf, (c) from an individual for securing or attempting to secure employment for the individual or providing the individual with information respecting any employer seeking employees or from another person on that individual’s behalf, or (d) from an individual for evaluating or testing the individual, or arranging for the individual to be evaluated or tested, for skills or knowledge required for employment, where the individual or employment is in Alberta, or from another person on that individual’s behalf.

Authorization and Release Information

I understand my testimonial as outlined above or in the video recorded of me (the “Testimonial”) and made on behalf of Sudden Turtle Dental Consulting, Inc dba TempStars (hereinafter called “The Business”) may be used in connection with publicizing and promoting The Business. I authorize The Business to use my name, brief biographical information, and the Testimonial as defined on this form or by me in this video.

I hereby irrevocably authorize The Business to copy, exhibit, publish or distribute the Testimonial for purposes of publicizing The Business’ programs or for any other lawful purpose. These statements may be used in printed publications, multimedia presentations, on websites, or in any other distribution media. I agree that I will make no monetary or other claims against The Business for the use of the statement.

In addition, I waive any right to inspect or approve the finished product, including a written copy or edited video wherein my likeness or my testimonial appears.

I hereby hold harmless and release The Business from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.

I have read the authorization and release information and give my consent for the use as indicated above.

Effective as of the date shown below, approval for past use and permission for present and future use is being granted to Sudden Turtle Dental Consulting, Inc dba TempStars, 807 Merritt Dr, Milton, ON, L9T 4J9 to use photographs or other images taken on _________________ of TALENT NAME (the Photographed Party), as more fully explained in this Consent and Release. The Photographed Party is an adult and is fully authorized to sign this Consent and Release.

For value received, receipt of which is hereby acknowledged, the Photographed Party hereby grants consent to Sudden Turtle Dental Consulting, Inc dba TempStars, its agents, employees, licensees, and successors in interest (collectively, the Released Party) and authorizes the use of any and all photographs taken of the Photographed Party, and any reproduction of them in any form in any media whatsoever and in any derivative work based thereon throughout the world, and to use them to publicize, promote and advertise, including but not limited to use for point of sale advertising. 

The Photographed Party also consents to the use of their own name or any fictitious name which may be chosen in connection with the aforesaid photographs.

The Photographed Party hereby releases any and all claims whatsoever in connection with the use of their photograph and name and the reproduction thereof as aforesaid.

The Photographed Party hereby waives any right that they may have to inspect and/or approve the Book or the advertising copy that may be used in connection therewith or the use to which it may be applied.

THE PHOTOGRAPHED PARTY WARRANTS THAT THEY ARE THE UNDERSIGNED AND THAT THEY HAVE READ THIS CONSENT AND RELEASE PRIOR TO THE SIGNING OF THIS DOCUMENT, THAT THE UNDERSIGNED UNDERSTANDS IT, AND THAT THE UNDERSIGNED FREELY ENTERS INTO THIS CONSENT AND RELEASE.

Questions and Comments If you have any questions regarding these Terms or your use of the Services, please contact us here: E-mail: help@tempstars.ca

This Agreement may be executed in any number of counterparts (including counterparts transmitted by facsimile or e-mail transmission of Adobe Acrobat PDF files), each of which shall be deemed to be an original, but all of which taken together shall be deemed to constitute one and the same instrument. Checking the Agreement box in the TempStars platform is considered binding and accepted that this agreement as been read in full and agreed upon without condition.

We reserve the right to block or remove any hygienist at any time at our discretion. Note: a hygienist who is blocked/penalized due to a shift cancellation may provide documentation validating that their cancellation was related to a disability which TempStars may consider in determining whether to waive the block.

Regarding payments – Dental offices pay Dental Personnel directly based on invoices services.  TempStars may receive payment from dental offices and forward the payment directly on to Dental Personnel, but this is still to be strictly considered as payment from the dental office and TempStars may act in a limited capacity as a payment processor to forward along payment.  TempStars does not guarantee payment, payment doesn’t come from TempStars and we only forward funds that were sent to TempStars from a dental office for the purposes of forwarding those funds on to the personnel.

Regarding resume uploads and submission for Custom Offers:  When you submit an offer to work a shift, that office can view your uploaded resume.   We try to remove contact information from resumes (e-mail and phone numbers).  We do this for 2 reasons:

  1.  In an effort to help protect your privacy
  2. To minimize the occurrence of “off-platform” arrangements.  Most dental offices use TempStars as intended, but there are some unscrupulous offices that post a shift, collect resumes through Custom Offers, then cancel the posting and contact the hygienists directly from the resume contact information, to avoid the placement fee.  This is a violation of our Terms of Service.  To avoid this,  when you upload your resume, we remove contact information.

This is only for resumes related to temping.  If you’re applying for a permanent or contract position at the office, we leave the contact information intact.  This is a manual process and we make no assurances that your contact information will be accurately or completely removed.  You are accepting that any/all information contained in your submitted documents can be viewed by dental offices, and that we can’t make any guarantees or assurances of the confidentiality of the information once you submit an offer to an office, or that the office will keep your information confidential.

Regarding hygienists cancelling booked/confirmed shifts.  We reserve the right to block or remove any hygienist at any time at our discretion.  Note: a hygienist who is blocked/penalized due to a shift cancellation may provide documentation validating that their cancellation was related to a disability which TempStars may consider in determining whether to waive the block.