I. General
The following “Terms of Use” (hereinafter “Terms”) contained in this Agreement (hereinafter “Agreement”) govern the use and access to any and all content and services (hereinafter “Services”) by BeRightThere, (hereinafter “BRT”) its affiliates, representatives, directors and officers, directors. These Terms constitute a legal, binding, agreement between you and BRT.
By using, accessing, engaging with the Services (defined below at paragraph 3), you confirm your agreement to be bound by the Terms herein. If you do not agree to the Terms, you may not access, use or engage in the Services. The Terms contained override and supersede any and all prior agreements you may have regarding the Services.
BRT may make changes to these Terms from time to time. If/when changes are made, BRT shall provide you with notice of changes, by sending you an email, providing a notice, or updating the date at the top of these Terms. Unless otherwise indicated in the change(s), the amended Terms will take effect immediately and your continued access to and use of the Services after BRT provides said notice will confirm your acceptance of the change(s). If you do not agree to the amended Terms, it is your responsibility to stop using, accessing and engaging in the Services.
BRT may, in its sole discretion, terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain options or offers available through the Services, such as policies for a particular activity, event, program, or promotion. Such supplemental terms will be disclosed to you in connection with the applicable offering. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable offering. In the event of conflict, supplemental terms shall prevail over these Terms with respect to the applicable offering.
BRT’s collection and use of personal information in connection with the Services is described in BRT’s Privacy Notice located at Link to BRT Privacy policy.
1. BRT Services
BRT is an application upon which legal and health care professionals have been vetted to provide the public assurance the individual listed is indeed licensed and a member in good standing with the duly appointed governing body for said profession.
BRT is an application through which you may request services of a legal or health care professional listed on BRT.
The Applications and the content related to Services described in this Section are collectively referred to as “BRT Services”.
I.1. Access to BRT Services
BRT Services are available through mobile and/or web based applications (“Applications”).
The Applications enable you to receive:
(i) services rendered by BRT which facilitate your connection to independent third party providers, including legal and health care professionals (“Third Party Providers”), for the purchase of goods or services from those Third Party Providers; and
(ii) content related to the provision of Services, including payment processing and customer support.
Unless otherwise agreed by BRT in a separate written agreement with you, BRT Services are made available solely for your personal, noncommercial use. You acknowledge your ability to connect with a third party provider, through use of BRT Services, does not establish BRT as the provider of the goods or services you obtain. BRT is not a legal or health care professional and use of BRT Services is restricted to users of BRT Services and not to the general public. You further acknowledge that third party providers available through BRT Services are not agents (actual or apparent), ostensible agents, contractors or employees of BRT in any way.
In addition, you acknowledge that any and all safety protocols, policies, efforts, and standards undertaken and expressed by BRT Services, in the interest of public safety, does not represent an agency (apparent, or ostensible), or employment relationship with third party providers.
I.2. Use License
Subject to agreeing to comply with these Terms, BRT grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to:
(i) access, use and engagement with the Applications on your personal device solely in connection with your use of the Services; and
(ii) access, use engagement with content, information and related materials made available through the BRT Services, solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by BRT and BRT’s licensors.
I.3. Restrictions
You may not:
(i) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks
(ii) cause or launch any programs or scripts for the purpose of unduly burdening or hindering the operation and/or functionality of any aspect of BRT Services;
(iii) decompile, reverse engineer or disassemble BRT Services except as may be permitted by applicable law;
(iv) link to, mirror or frame any portion of BRT Services;
(v) remove any copyright, trademark or other proprietary notices from any portion of BRT Services; and/or
(vi) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit BRT Services except as expressly permitted by BRT.
I.4. Third Party Services and Content
BRT Services may be made available or accessed in connection with individuals who provide legal and health care (hereinafter “Third Party Service Provider”) and content that BRT does not control. Once you click on a link to Third Party Service Provider’s service or content, you will be subject to the terms and conditions and privacy policy of that website, destination, or Third Party Service Provider.
BRT will not warn you that you have left BRT Services or that you are subject to the terms and conditions (including privacy policies) of another website/destination. Use of all links in Third Party Service Providers’ websites are done at your own risk, as these are not part of BRT Services and are not controlled by BRT. You acknowledge that different terms of use and privacy policies may apply to such third party services and content. BRT does not endorse such third party services and content and in no event shall BRT be responsible or liable for any products or services of such linked third party provider websites.
I.5. App Store
You acknowledge and agree that the availability of the Applications may be dependent on the third party from which you received the Application’s license, e.g., the Apple iPhone or Android app stores (“App Store”).
You acknowledge and agree that this Agreement is between you and BRT and not with the App Store; BRT is only responsible for the provision of Services as described in this Agreement. However, if you downloaded the Application from the XX App Store, Apple and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, XX shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. This Agreement incorporates by reference XX’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement will control.
I.6. Ownership
BRT Services and all rights therein are and shall remain BRT’s property or the property of BRT’s licensors. Neither these Terms nor your use of BRT Services convey or grant to you any rights in or related to BRT Services except for the limited license granted above.
You agree that you will not use BRT’s trademarks, service marks, or trade dress or any similar names, marks, or trade dress (“BRT’s Marks”), aside from use incidental to your use of BRT Services, without express, written permission from BRT. This prohibition on using BRT’s Marks includes, but is not limited to, use in domain names, websites, and social media accounts.
II. Terms of Use
2. Access and Use of the Services
1. User Accounts
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, to obtain an Account.
You cannot register for or maintain an Account if you have previously been banned from accessing or using BRT Services. Account registration requires you to submit to BRT certain personal information, such as your name, address, and age, as well as at least one valid payment method supported by BRT. For more information regarding BRT’s use of your personal information, please see our Privacy Notice currently available at Link: BRT Privacy policy. You agree to maintain accurate, complete, and up-to-date information in your Account, including valid contact information and payment method. Failure to comply with these Terms (including policies and supplemental terms) including, without limitation, your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use BRT Services. You are responsible for all activity that occurs under your Account; you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted, by BRT, in writing, you may only possess one Account.
2. Requirements and Code of Conduct
You agree to abide by the BRT Code of Conduct; failure to comply with these requirements or any violation of the code of conduct may result in the permanent loss of access to BRT Services.
The Services are not available for use by persons under the age of 18. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not in your access or use of the Services cause annoyance, harm or inconvenience, whether to the Third Party Provider or any other party.
In certain instances you may be asked to provide proof of identity or other method of identity verification to access, use or engage with the Services, and you agree that you may be denied access to, use of or engagement with the Services if you refuse to provide proof of identity or other method of identity verification.
2.2.1 Verification of Licensure
All professionals are required to be licensed to practice in the jurisdiction where their services are being offered.
Professionals who are ‘verified’ have been authenticated through the information available at their governing body. If at any time should you become unlicensed/suspended, while offering BRT Services, it is your responsibility to notify BRT within 24 hours of so learning. Failure to do so shall result in civil action and further report to your governing body.
3. Non-BRT Provided Content
BRT may, in BRT’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to BRT, through BRT Services, textual, and/or visual content and information (hereinafter “Material”). Any content provided by you remains your property. However, by providing said material(s) to BRT, you grant BRT a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Materials in all formats and distribution channels now known or hereafter devised (including in connection with BRT Services and BRT’s business and on third party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that:
(i) you either are the sole and exclusive owner of all Material or you have all rights, licenses, consents and releases necessary to grant BRT the license to the Material as set forth above; and
(ii) neither the Material, nor your submission, uploading, publishing or otherwise making available of such Materials, nor BRT’s use of the Material as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide Material that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by BRT in its sole discretion, whether or not such material may be protected by law. BRT may, but shall not be obligated to, review, monitor, and remove Material, at BRT’s sole discretion and at any time and for any reason, without notice to you.
4. Feedback
BRT asks that you not submit any confidential ideas, information, or suggestions in any form to BRT or any of its affiliates. Any ideas, information, or suggestions you do submit, regardless of what your communication regarding your submissions says, you understand and agree that your submissions are voluntary and the following terms shall apply to your submission(s):
(i) your submission(s) and their contents will automatically become the property of BRT, without any compensation to you;
(ii) BRT has no obligation to review your submissions(s);
(iii) BRT may implement and distribute any portion of your submission(s) and their contents for any purpose in any way, without any compensation to you; and
(iv) BRT has no obligation to keep your submission(s) confidential.
5. Network Access and Devices
You are responsible for obtaining access to the data network required to access, use and engage with BRT Services. Your mobile network carrier’s data and messaging charges may apply if you access or use BRT Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to interact with BRT Services and updates thereto.
BRT does not guarantee BRT Services, or any portion thereof, will function on any particular hardware or devices. In addition, BRT Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
6. Payment
You understand that use of BRT Services may result in charges to you for the services you receive (“Charges”). BRT will enable payment of the applicable Charges for services obtained through your use of BRT Services. Charges will include applicable taxes where required by law. Charges may include other applicable fees, product return fees, cancellation fees, and all other costs may arise by you through accessing BRT Services.
All Charges and payments will be enabled by BRT, using the preferred payment you provided as the method designated in your Account, after which you will receive a receipt. If the primary Account payment method you provided is determined to be expired, invalid or otherwise not able to be charged, you agree that BRT may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by BRT.
As between you and BRT, BRT reserves the right to establish or adjust Charges for any or all services or goods obtained through the use of the Services at any time. BRT will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.
Certain users may from time to time receive promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of BRT Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of BRT Services or the Charges applied to you. Promotional offers and discounts are subject to change or withdrawal at any time and without notice. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee.
With respect to Third Party Service Providers, charges you incur will be owed directly to Third Party Service Provider. BRT will not collect payment of those charges from you, on the Third Party Service Provider’s behalf as their payment collection agent. You are responsible for all charges arising as between you and the Third Party Service Provider; the payment must be made directly by you to the Third Party Service Provider.
You retain the right to request lower charges from a Third Party Service Provider for services or goods received by you from such Third Party Service Provider at the time you receive such services or goods, and charges you incur will be owed to the Third Party Service Provider.
BRT does not charge a fee for a user to access the App; BRT charges professionals a fee or any other Charge for BRT Services made available through the App.
Even if not indicated on the App, it is understood prices for Third Party Service Provider services, displayed through BRT Services, may differ from the actual prices being offered by Third Party Service Providers and/or from prices available at other third party websites/mobile applications.
If you think a correction should be made to any charge you incurred, you must let the Third Party Service Provider know in writing within 30 days after the charge took place as BRT has no further responsibility after you use BRT Services to connect with a Third Party Service Provider.
III. Disclaimer and Liability
3. Disclaimer
All BRT Services are provided as is and where available.
BRT disclaims all representations, warranties, both express and implied, not set out expressly in these Terms of Use Agreement.
BRT does not represent, guarantee or warrant the availability, quality, timeliness, or reliability or BRT Services available through the Applications. Further, BRT does not guarantee uninterrupted access to BRT Services.
BRT does not guarantee the quality, suitability of availability of Third Party Service Providers. By accessing, using or engaging in BRT Services, you acknowledge risks arising out of your use of BRT Services and all interactions with Third Party Service Providers remains solely in your control.
BRT does not manage or direct Third Party Service Providers. You acknowledge Third Party Service Providers are Agents of no kind (actually or apparent), nor employees, nor contractors of BRT. BRT does not take any responsibility for the actions of Third Party Service Providers.
4. Limitation of Liability
BRT shall not be held liable for indirect, incidental, special, punitive, consequential or any other damages, including but not limited to personal injury, property damage or otherwise, resulting from use of BRT Services, regardless of the negligence of BRT even if BRT has been advised of such damages.
BRT shall not be liable for any damages, liability or losses arising from:
(i) Your use of the Services or your inability to access, use or engage with BRT Services; or
(ii) Any transaction between you and any Third Party Service Provider even if BRT has been advised of the potential of such damages; or
(iii) Any delay or failure in performance of Third Party Service Provider.
You agree BRT has no responsibility or liability related to any services provided to you by Third Party Service Providers.
5. Indemnity
You agree to indemnify and hold BRT, and its affiliates and their officers, directors, employees, and agents harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys’ fees), arising out of or in connection with:
(i) your use of BRT Services as well as any and all services obtained through your use of the Services;
(ii) your breach or violation of any of these Terms;
(iii) BRT’s use of your Material; or
(iv) your violation of the rights of any third party, including Third Party Providers.
IV. Other Provisions
6. Dispute Resolution
By agreeing to these Terms, you agree to reslove disputes through the Dispute Resolution processes outlined here: LINK to Dispute Resolution Document.
7. Legal Authority
Terms contained herein shall be governed by and construed in accordance with the laws of the province of Ontario, in Canada, without regard to the choice or conflict of law principles of any jurisdiction. This Choice of Law provision applies only to the interpretation of these Terms and is not intended to create any other substantive right to non-Canadians to assert claims under Canadian jurisprudence or bring claims in Canadian courts whether that be by statute, common law, or otherwise. These provisions are only intended to specify the use of Canadian law to interpret these Terms, and these provisions shall not be interpreted as generally extending Canadian law to you if you do not otherwise reside in Canada.
8. Jurisdiction
Any dispute or claim arising out of or relating to these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, shall be brought exclusively in the province of Ontario in the country of Canada, notwithstanding that other courts may have jurisdiction over the parties and subject matter.
9. Claims of Copyright Infringement
Claims of copyright infringement should be sent to BRT’s designated office. Please visit BRT’s web page at Link: BRT office of the CIO.
10. Notice
1. Notice by BRT
BRT may give notice by means of a general notice on or through the Services, electronic mail to the email address associated with your Account, telephone or text message to any email address of telephone number provided in connection with your account, or by written communication sent by regular mail to any address connected with your Account.
Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by regular mail) or at the time of sending (if sent by email, telephone, or on or through the Services).
2. Notice by User
You may give BRT notice, with such notice deemed given when received by BRT, at any time by first class mail to our registered office for service of process. The name and current contact information for the registered office available online at LINK to address.
If another provision of these Terms addresses any specific notice (for example, notice of updates to these Terms, or notice of a dispute or arbitration demand), those specific notice provisions shall prevail to the extent there is any conflict or inconsistency between those provisions and this notice provision.
11. Assignment
You may not assign these Terms without BRT’s prior written approval. BRT may assign these Terms without your consent to:
(i) a subsidiary or affiliate;
(ii) an acquirer of BRT’s business, equity and/ or assets; or
(iii) a successor by merger.
Any purported assignment by you in violation of this section shall be void.
No joint venture, partnership, employment, or agency relationship exists between you, BRT or any Third Party Service Provider as a result of this Agreement or use of BRT Services.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
BRT’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by BRT in writing.
