TERMS & CONDITIONS

ACCEPTANCE OF TERMS

The following terms and conditions govern all use of (i) the http://www.benefits2.ca website (the Site), and (ii) the services available at or through the Site (the Service). The Service is owned and operated by Benefits2. The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Benefits2 (collectively, the Terms of Use). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THE SITE OR OTHERWISE USING THE SERVICE. BY ACCESSING THE SITE OR USING ANY PART OF THE SERVICE, YOU (EITHER AN INDIVIDUAL OR A LEGAL ENTITY THAT YOU REPRESENT AS AN AUTHORIZED EMPLOYEE OR AGENT) (YOU) AGREE THAT YOU ARE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS OF USE, THEN YOU MAY NOT ACCESS THE SITE, SERVICE, OR ANY PART THEREOF. BENEFITS2 ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS OF USE ARE CONSIDERED AN OFFER BY BENEFITS2, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. The Service is available only to individuals who are at least 18 years. If you do not so qualify, do not attempt to use the Service. BENEFITS2 may refuse to offer the Service to any person or entity at any time and may change its eligibility criteria, at any time, in its sole discretion.

MODIFICATION OF TERMS OF USE

Benefits2 reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time. Benefits2 will notify you of changes on the Site and through the benefits2.ca.com and we may send an email to registered users to notify them of the change. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

NEW FEATURES

Benefits2 may, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to these Terms of Use. Your continued use of the Service after the introduction of new features and/or services constitutes your acceptance of the Terms of Use.

PRIVACY

Benefits2 current Site Privacy Statement is available at www.benefits2.ca (Privacy Policy), which is incorporated by this reference. For inquiries about Benefits2 Privacy Policy, or to report a privacy related problem, please [email protected].

RULES AND CONDUCT

The Site and the Service and any Content (as defined below) made available on or through the Service is provided only for (a) your own personal use, (b) your internal business use, use in the support of your customers that use the Service for their own personal or internal business use, all in compliance with all applicable laws, rules and regulations. If you desire to make any other commercial use of the Site or the Service, including but not limited to customizing, selling or distributing the Service (whether as a stand-alone service or bundled with your services) for consideration of any kind or for no consideration, you must first obtain Benefits2 specific written approval in advance and/or enter into a written agreement with Benefits2. The Service is intended for use described above only and may not be used in connection with any other commercial endeavours except those that are specifically endorsed or approved by Benefits2 in writing. Except for distributions for the use described above to your employees or independent contractors for your internal business use and in compliance with these Terms of Use, you may not distribute or otherwise commercially exploit or make available to any third party the Service, or any part thereof, in any way. Any unauthorized use of the Service is expressly prohibited. For purposes of these Terms of Use, “Content” includes, without limitation, any information, or data (including, information or data generated or otherwise provided by Benefits2 or its partners through the Service or related services, or otherwise available through the Site that are not Submissions (as defined below)), text, software, scripts, graphics, photos, documents and interactive features. You promise not to use the Service for any purpose that is unlawful or prohibited by these Terms of Use. You agree to abide by all applicable local, provincial, and federal laws and regulations within Canada. By way of example, and not as a limitation, you agree not to (or permit others to) : ( a) take any action or ( b) upload, download, post, submit or otherwise distribute or facilitate distribution of any “Submissions” such as, without limitation, postings to the Benefits2 Community, comments, text, communications, software, images, sounds, data or other materials or information) using any communications service or other service available on or through the Service, that: infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, profane or which otherwise violates the Terms of Use; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); imposes an unreasonable or disproportionately (in the sole judgment of Benefits2) large load on Benefits2 servers, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Benefits2 or any third party; or impersonates any person or entity, including, without limitation, any employee or representative of Benefits2. You will not use any robot, spider, scraper or other automated means to access the Service for any purpose without Benefits2 express written permission. Additionally, you will not: (i) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (ii) bypass any measures Benefits2 may use to prevent or restrict access to the Service. You shall not (and you shall not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Service or any Content available through the Site (except to the limited extent applicable laws specifically prohibit such restriction); or copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder. In addition, you shall not remove any proprietary notices or labels. You may not harvest or collect information, including, without limitation, screen names, about other members or users of the Service. The use of any information learned through the Service or while in the Site is limited to the express purposes set forth in these Terms of Use; all other uses, including, without limitation, sending unsolicited bulk e-mail, are strictly prohibited. Benefits2 may remove any Content and Submissions at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or Submissions), or for no reason at all. Benefits2 may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform strictly and terms or conditions of these Terms of Use, including, without limitation, with any provision of this section. Please report any violation of these Terms of Use by contacting Benefits2 at
[email protected]
.

REGISTRATION

As a condition to using the Service, you may be required to register with Benefits2 by providing information to be specified during the registration process and entering an email address and selecting a password and account name (“benefits2 User ID”). You shall provide Benefits2 with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your benefits2.ca account. In addition, you agree to maintain and update your registration information to ensure that it is accurate and complete at all times. You may not (i) select or use as a benefits2 User ID a name of another person with the intent to impersonate that person; (ii) use as a benefits2 User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as an benefits2.ca User ID a name that is otherwise offensive, vulgar or obscene. Benefits2 reserves the right to refuse registration of or cancel a Benefits2 User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Benefits2.ca password. You may never use another user’s account without such other user’s express permission. You will immediately notify Benefits2 in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

PAYMENT AND ELECTRONIC COMMUNICATIONS

If you have purchased a paid Service, you are expressly agreeing that Benefits2 is permitted to bill you the applicable fees, any applicable tax and any other charges you may incur with Benefits2 in connection with your use of the Site and/or Service and that the fees will be billed to the credit card you provide in accordance with the billing terms in effect at the time a fee or charge is due and payable. If payment is not received or cannot be charged to your credit card for any reason in advance of the applicable purchase, Benefits2 reserves the right to either suspend or terminate your access to the Site and/or any Service and terminate these Terms of Use. Purchase fees are payable in Canadian Dollars and based on Services purchased and not on actual usage. All fees are non-refundable. The Service is billed in advance as a one-time purchase and is non-refundable. There will be no refunds or credits for an unused purchase of the service. You acknowledge and agree that Benefits2 will automatically charge your credit card at time of purchase of the service. By using the Site, you consent to receiving electronic communications from Benefits2. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Site and Service. These electronic communications are part of your relationship with Benefits2 and you receive them as part of your purchase of the service. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

CANCELLATION AND TERMINATION

Your personal information will be deleted out of our system after 30 days. You have the option to delete your account before the 30-day window by logging into the website with your registered account and choosing to delete your account. All of your personal information and purchased service will be immediately deleted from our system upon cancellation except demographic information such as diagnosis, gender, age, and city location. The demographic information will be used solely for correlating information to identify potential patterns of diagnosis in certain areas of Canada. Deleted account information cannot be recovered once your account is cancelled. If you cancel the Service before the end of 30 days, your cancellation will take effect immediately. Benefits2, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result deletion of your Account or your access to your Account, and the forfeiture and relinquishment of the paid service in your Account. Benefits2 reserves the right to refuse service to anyone for any reason at any time.

THIRD PARTY SITES

The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Benefits2 control, and you acknowledge that Benefits2 is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Benefits2 or any association with its operators. You further acknowledge and agree that Benefits2 shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

CONTENT

Benefits2 Content Generally. You agree that the Site and Service contains Content specifically provided by Benefits2 and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Benefits2 in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such Content. Use of the Content for any purpose not expressly permitted in these Terms of Use is prohibited. Any rights not expressly granted herein are reserved.

TERMINATION

Benefits2 may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate these Terms of Use or your Benefits2 account (if you have one), you may simply cancel your account by logging into your account and clicking the cancel or delete account. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

NO WARRANTIES

THE SERVICE, SITE AND ALL CONTENT, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE SERVICE, SITE AND CONTENT, AND SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. BENEFITS2, AND ITS AGENTS, PARTNERS, SUPPLIERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) ANY CONTENT OR SUBMISSIONS, INCLUDING, WITHOUT LIMITATION, ANY RESULTS, DATA, OR INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT OR SUBMISSIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICE, OR OBTAINING PRODUCTS THROUGH THE SERVICE, WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. NEITHER BENEFITS2 NOR ITS AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS MAKES ANY WARRANTIES OF ANY KIND IN REGARD TO ANY CONTENT, SUBMISSIONS, OPINIONS, ADVICE AND ALL OTHER INFORMATION EXPRESSED OR POSTED BY USERS OF THIS SITE.

INDEMNIFICATION

IN NO EVENT SHALL BENEFITS2, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SITE, THE SERVICES OR ANY CONTENT OR PRODUCTS ACCESSIBLE THROUGH THE SITE AND SERVICE (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR SUBMISSIONS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SITE AND SERVICE. IN NO EVENT SHALL BENEFITS2 AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THESE TERMS OF USE, THE SITE OR THE SERVICE EXCEED THE AMOUNT OF ONE HUNDRED CANADIAN DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU SPECIFICALLY ACKNOWLEDGE THAT BENEFITS2 SHALL NOT BE LIABLE FOR ANY SUBMISSIONS OR USER CONDUCT.

LIMITATION OF LIABILITY

You agree to defend, indemnify, and hold harmless Benefits2, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from your (i) use or misuse of the Service; (ii) your access to the Site, use of the Service, violation of the Terms of Use by you; or, (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Beenfits2 reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Benefits2 in asserting any available defences.

DISPUTE RESOLUTION

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Benefits2 agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. These Terms of Use shall be governed by and construed in accordance with the laws of Ontario, Canada. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site or Service shall be filed only in Ontario, Canada and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.

INTEGRATION AND SEVERABILITY

These Terms of Use are the entire agreement between you and Benefits2 with respect to the Service and use of this Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Benefits2 with respect to this Site. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

MISCELLANEOUS

These Terms of Use and the Service contemplated hereunder are personal to you, and are not assignable, transferable, or sublicensable by you except with Benefits2 prior written consent. Benefits2 may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created because of these Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under these Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

CONTACT US

If you have any questions regarding these Terms of Use, please contact us via email at
[email protected]
or via the Contact Us page of this Site.

Last updated: May 19, 2024.