EFFECTIVE DECEMBER 2021
As a user of the Site or Services “you”, “your”, “user” or “individual(s)”, we are referring to the person accessing the Site or Services. Any person who wishes to use our Site and Services must accept these Terms without change.
BY USING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH BOUNCEBACK AND MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE SITE OR THE SERVICES.
THE CONTENT FOUND ON THE SITE AND THE SERVICES OFFERED SHOULD NOT BE VIEWED AS FULSOME TREATMENT FOR A MEDICAL OR PSYCHOLOGICAL AILMENT, AND IT SHOULD NEVER BE SOLELY RELIED UPON AS A SUBSTITUTE FOR SEEKING ADVICE OR TREATMENT FROM A HEALTHCARE PROFESSIONAL.
1. Acceptance of the Terms
These Terms constitute the entire and only agreement between us, and supersedes any prior agreements, representations, warranties and understandings with respect to the Site and the Services.
By agreeing, BounceBack grants you a limited, revocable, personal, non‑sub‑licensable, non‑transferable, non‑exclusive right to access and use the Site and the Services in accordance with these Terms. You cannot use the Site or the Services for resale or to provide services to third parties.
2. Modifications to Terms
This paragraph is not applicable to consumers in the Province of Québec, please see paragraph immediately below. We may change these Terms or any other policies or guidelines governing our Site, and Services at any time in our sole discretion. Any changes will be effective upon the posting of the revisions on our Site. Your use of our Site and Services will be subject to the most current version of the Terms posted on our Site at the time of such use. Your continued use of our Site and Services after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms regularly. If you do not agree to any changes to these Terms, please immediately discontinue your use of our Site and Services.
For consumers in the Province of Québec: We may, from time to time amend any or each of the provisions of these Terms or any other policies or guidelines governing our Site and Services in relation to elements provided in the following sections and items: 3 (Use of the Site), 4 (User Name/Password), 6 (License Grant and Restrictions on Use), 7 (System Integrity), 8 (Protection of Privacy and Security), 14 (Term and termination), 21 (Contacting BounceBack). Such notice, written clearly and legibly, shall exclusively contain the amended terms and their earlier version, the effective date and the notice informing you of your right to refuse the amendment and cancel your subscription, and the related Terms. If the change results in an increase of your obligations or in a reduction of our obligations, you can refuse such change and terminate your use, as amended, without penalty or termination fee by sending us a notice of termination within thirty (30) days of the entry into force of the amendment. Upon expiry of this period, you will be deemed to have accepted the changes and any subsequent termination will be in accordance with the terms of the Terms as amended.
In the Province of Québec, a “consumer” means a natural person, except a merchant who obtains goods or services for the purposes of his business.
We expect that you will access and use our Site and Services in a professional, responsible and business‑like manner in accordance with applicable laws.
You further agree that you must use our Site and Services for lawful purposes only and represent and warrant that you will not use our Site and Services to:
a. e‑mail, provide us with or otherwise transmit any information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
b. e‑mail, provide us with or otherwise transmit any information or content that infringes, misappropriates, or otherwise violates any third party’s copyright, patent, trade‑mark, or other proprietary right, including the right of publicity or privacy, or encourages or enables any other party to do so.
c. remove any proprietary notices or labels, or any promotional or advertising material, from our Site and Services.
d. e‑mail, transmit or send via the Internet any unsolicited or unauthorized advertising, branding, promotional materials, commercial solicitation, political campaigning, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” contests, sweepstakes and other sales promotions, barter, or advertising or any other form of solicitation.
e. impersonate any person or entity or misrepresent your affiliation with any other person, company or entity, including without limitation, using a false email address or misleading us as to your identity when you are on our Site or otherwise communicating with us.
f. upload, e‑mail, send via the Internet or otherwise transmit, any software viruses or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment or that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or limits the functionality of any BounceBack or third party computer hardware, software, networks, or hardware or telecommunications equipment.
g. interfere or attempt to interfere with or disrupt our Site or Services including but not limited to our servers or networks connected to our Site, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any “denial of service” attacks, “spamming”, “crashing”, “flooding” or “mail‑bombing” our Site or disobeying any requirements, procedures, policies or regulations of networks connected to our Site and Services.
h. direct bots, spiders, crawlers, avatars, intelligent agents or any other automated process at our computer systems or otherwise, create unreasonable load upon any of our computer hardware, network, storage, input/output or electronic control devices.
i. intentionally or unintentionally violate any applicable local, provincial, national or international law, rule or regulation applicable in connection with our Site and Services.
j. modify, adapt, assign, copy, sublicense, translate, rent, sell, reverse engineer, decompile or disassemble any of our Services, including but not limited to any portion of our Site.
k. collect, use, disclose, store or distribute any personal information of a third party without their consent.
l. transmit any information or Registration Information known by you to be false, inaccurate or misleading.
m. transmit any information or Registration Information that is intimate, private or that you would not want the public to view or have access to.
n. Otherwise send false or misleading information via the Site.
o. Use the Site to advertise to any user.
p. Otherwise make commercial use of the Site.
Without limiting the foregoing, you warrant and agree that your use of the Site shall not:
b. Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in BounceBack’s sole discretion.
c. Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
d. Impersonate or attempt to impersonate BounceBack, a BounceBack employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
e. Encourage any other conduct that restricts or inhibits anyone's use of the Site, or which, may harm the BounceBack or users of the Site or expose them to liability.
f. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
g. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
h. Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
If we believe that there is a violation of these Terms that can be simply remedied by you, we may ask you to take direct action rather than intervene. However, in other cases, we may be required to formally investigate a violation of these Terms and determine the appropriate action to address the matter.
If you are unable to act in accordance with our requested actions and we believe you are a credible risk of harm to BounceBack, other users, or third parties, we may terminate permission or license granted by these Terms, ban you from the Site and/or stop providing any Services.
You will be required to register and/or set up an account to use certain portions of our Services. In order to do so, you may be provided, or required to choose, a password, username, and/or other registration information, including, but not limited to, your personal information (“Registration Information”). You agree and represent that all Registration Information provided by you is accurate and up‑to‑date. If any of your Registration Information changes, you must update it by using the appropriate update mechanism on our Site, if available. If we believe that the Registration Information that you provided is not correct, current, or complete, we reserve the right to refuse you access to our Site or the Services. However, we have no obligation to verify the accuracy, currency completeness or usefulness of any Registration Information that you have provided to us.
If you register or set up an account on the Site, you will be solely responsible for maintaining the confidentiality of any username, password, and similar information. You may not authorize others to use your username, password, or similar information. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.
If you have reason to believe that your account is no longer secure (for example, following a loss, theft or unauthorized disclosure or use of your Registration Information), you must promptly change the affected Registration Information by using the appropriate update mechanism on the Site, if available. We will not be responsible for the unauthorized use of your profile by any other person and disclaim any and all liability that may be associated with such use.
This paragraph is not applicable to consumers in the Province of Québec. Please see the paragraph that immediately follows. We have the right to cancel or suspend or terminate your account, your use or your access to the Site, Services, as well as remove and delete any information or Registration Information related to the Site or any one of the Services (and terminate your use thereof), for any reason whatsoever and at any time in our sole discretion, without notice and without liability to you or any other person.
For consumers in the Province of Québec: If you are not in default in the performance of your obligations under these Terms, and we decide to cancel or terminate your account, your use or your access to the Site or the Services, as well as remove and delete any information or Registration Information related to the Site or any one of the Services (and terminate your use thereof), we will notify you in writing at least 60 days before the effective date of termination or cancellation. To the extent permissible by applicable law, we have the right to cancel or suspend or terminate your account, your use or your access to the Site or the Services at any time if you are in default in the performance of your obligations under these Terms.
So long as you comply with these Terms, BounceBack hereby grants to you a limited, non‑exclusive, non‑transferable, revocable, non‑sublicensable right to use the Site solely for the purposes of accessing and using the Services. You may not use our Site or Services for any other purpose without our express prior written consent.
You may not and may not authorize any other party to co‑brand our Services without the express prior written permission of an authorized representative of BounceBack. For purposes of these Terms, “co‑branding” means to display any name, logo, trade‑mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute our Services or which may confuse a user as the nature of the relationship between us and any party.
You may link to our Site, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You agree to cease and desist causing any unauthorized co‑branding and framing or hyperlinking upon notice from us and at all times you will cooperate with us following our discovery of any such illegal activity.
To the extent permissible under applicable law, BounceBack may, at any time and without notice to you, suspend, limit or terminate access or use of all or part of the Site or the Services for any reason and without any liability to you whatsoever. While BounceBack takes great care to ensure the Site and Services are accurate, errors and/or inaccuracies may occur. BounceBack may change or update information on the Site at any time without notice, and availability of the Services. We make no representations that the Site and/or the Services are compatible with, or will function or operate with your device or equipment.
You are prohibited from using any services or facilities provided in connection with our Site or Services to compromise security or tamper with our system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action which imposes an unreasonable or disproportionately large load on BounceBack’s infrastructure. When using the Site, the communication of data may be transmitted over networks in which BounceBack cannot guarantee secure or reliable data transmission. We reserve the right to investigate suspected violations of these Terms and to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone believed to be violating these Terms.
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Site. Users are required to ensure that all persons who access the Site through a user's internet connection are aware of these Terms and comply with them. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
In order to maintain the privacy and security of the Site, you must not disclose any security or privacy vulnerabilities to any person except BounceBack. Immediately upon discovering any issues that may be pose a threat to the privacy and security of the Sites or data stored within the Site, you must notify us at [email protected]
9. No Reliance
Some jurisdictions (including the Province of Québec) do not allow certain exclusions or limitations on implied warranties, so the following exclusions and limitations may not apply to you.
The content on our Site is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our Site.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Site is accurate, complete, or up to date. Your use of the Site is at your own risk and neither BounceBack nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors has no/have any responsibility or liability whatsoever for your use of this Site.
This Site may include content provided by third parties, including from other users and third‑party licensors. All statements and/or opinions expressed in any such third‑party content, other than the content provided by BounceBack, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of BounceBack. Neither BounceBack nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors has no/have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third‑party materials.
BounceBack has made every effort to ensure the proper function of the Site, however BounceBack is not responsible for any damages incurred while using the Site or Services. We do not warrant that the Site or Services will be error‑free or that any defects will be corrected. We may make changes to the Site’s features, functionality, or other components at any time.
10. Intellectual Property and Ownership
You understand and agree that the Services, as well as the Site and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by BounceBack, its licensors, or other providers of such material and are protected by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
BounceBack’s name, trademarks, logos and all related names, logos, product and Service names, designs, images, and slogans are trademarks of BounceBack or its affiliates or licensors. You must not use such marks without the prior written permission of BounceBack. Other names, logos, product and Service names, designs, images, and slogans mentioned, or which appear on this Site are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
Users are not permitted to modify copies of any materials from this Site nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site. You must not access or use for any commercial purposes any part of the Site or any Services or materials available through the Site.
Images, audio files and videos on our Site must not be altered or digitally enhanced, and their use must be in accordance with Canada’s Copyright Act (R.S.C., 1985, c.C‑42). Any other use or alteration of the material is strictly prohibited without our prior written permission. BounceBack will have a royalty‑free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Site any suggestions, enhancement requests, recommendations or other feedback provided by you, relating to the Site.
You may only use the Site and the Services for your personal and non‑commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site in any form or medium whatsoever except:
a. Your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
b. a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non‑commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and
c. content may be downloaded with any proprietary notices intact, and solely for your own personal, non‑commercial use.
If you print off, copy, or download any part of our Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Site or to any content on the Site, and all rights not expressly granted are reserved by BounceBack. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
11. Limitation of liability and disclaimer of warranty
SOME JURISDICTIONS (INCLUDING THE PROVINCE OF QUÉBEC) DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS ON IMPLIED WARRANTIES OR LIABILITY, SO THE BELOW EXCLUSIONS AND LIMITATIONS WILL ONLY APPLY TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
BounceBack represents, warrants and covenants to you that: (a) it has the full power and authority to offer the program in Canada (as contemplated hereunder on the terms and conditions in these Terms); and (b) the Services will be provided in a professional and workmanlike manner in accordance with these Terms.
You understand that we will use commercially reasonable efforts to provide our Site or Services but we cannot and do not guarantee or promise any specific and intended results from the use of our Site or Services. You acknowledge that any reliance on our Site or Services will be at your own risk and that you must evaluate and bear all risks associated with the use of our Site and Services. YOU ARE SOLELY RESPONSIBLE FOR ANY USE OF OUR SITE OR SERVICES. YOUR USE OF OUR SITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. BOUNCEBACK WILL NOT BE RESPONSIBLE FOR ANY OF YOUR ACTS OR OMISSIONS OR THOSE OF ANY OTHER PARTY.
From time to time, the Sites may be unavailable for reasons within BounceBack’s control such as system maintenance or reasons outside of BounceBack’s control. When this occurs, BounceBack is not liable to you or other users for any interruptions in the use of our Sites or Services.
WE DO NOT REPRESENT OR WARRANT THAT FILES OR INFORMATION AVAILABLE FOR ACCESS OR DOWNLOADING FROM THE INTERNET, HYPERLINKED SITES, OUR SITE OR ANY FILES AND EMAILS FROM US WILL BE FREE OF VIRUSES, WORMS, MALWARE, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOUR USE OF THE INTERNET IS AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM ANY INTERNET ACCESS OR OUR SITE OR SERVICES.
YOUR USE OF OUR SITE AND SERVICES IS AT YOUR OWN RISK. OTHER THAN OUR EXPLICIT REPRESENTATIONS AND WARRANTIES OUTLINED HEREIN, OUR SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON‑INFRINGEMENT OR THOSE ARISING OUT OF A COURSE OF DEALING, PERFORMANCE OR USAGE OF TRADE. WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE AVAILABILITY APPROPRIATENESS, COMPLETENESS, ACCURACY, OR CURRENCY OF OUR SITE OR SERVICES. FOR GREATER CLARITY, WE DO NOT REPRESENT OR WARRANT THAT:
a. OUR SITE OR SERVICES DO NOT AND WILL NOT INFRINGE, OR BE SUBJECT TO ANY INTELLECTUAL PROPERTY CLAIMS, OR A CLAIM OF INFRINGING THE TRADEMARK OR OTHER RIGHTS OF ANOTHER PARTY;
b. OUR SITE WILL BE UNINTERRUPTED, FUNCTIONAL, SECURE, RELIABLE, ACCURATE, COMPLETE, CURRENT, USEFUL, SUITABLE, WILL MEET YOUR REQUIREMENTS OR ERROR‑FREE;
c. ANY DEFECTS IN OUR SITE OR SERVICES WILL BE CORRECTED; AND,
d. WE HAVE VERIFIED OR ENDORSED ANY THIRD PARTY CONTENT.
IN NO EVENT SHALL BOUNCEBACK, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, LICENSORS, THIRD PARTY PROVIDERS, AGENTS, CONTRACTORS, ADVISORS AND THE RESPECTIVE SUCCESSORS AND ASSIGNS (“ASSOCIATED PERSONS”) BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF INCOME, LOSS OF PROFITS, LOSS OF ANTICIPATED SALES, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION, FAILURE TO REALIZE UNEXPECTED SAVINGS, DAMAGE TO PROPERTY, PHYSICAL HARM, PSYCHOLOGICAL HARM, CLAIMS OF THIRD PARTIES, LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR OTHER ECONOMIC OR PERSONAL LOSS ARISING FROM OR IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES INCLUDING, WITHOUT LIMITATION:
a. YOUR USE OF OR RELIANCE ON ANY INFORMATION PROVIDED BY US ON OUR SITE OR SERVICES;
b. YOUR USE OF OR INABILITY TO USE OUR SITE OR SERVICES;
c. YOUR VIOLATIONS OF TRADEMARK INFRINGEMENT OR OTHER INTELLECTUAL PROPERTY RIGHTS;
d. ANY FAILURE OF PERFORMANCE OF OUR SITE AND SERVICES, WHETHER RELATED TO ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR NETWORK FAILURE;
e. THE UNAUTHORIZED USE OF YOUR ACCOUNT AND PASSWORD BY ANY PERSON;
f. ANY THIRD PARTY CONTENT OR HYPERLINKED SITES;
g. YOUR REGISTRATION INFORMATION OR INFORMATION THAT YOU TRANSMITTED OR SHARED THROUGH OR IN CONNECTION WITH OUR SERVICES; OR
h. ANY OTHER MATTERS RELATING TO OUR SITE AND SERVICES, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, FUNDAMENTAL BREACH, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, WHETHER OR NOT WE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT YOU MIGHT INCUR SUCH DAMAGES, AND WHETHER OR NOT THOSE DAMAGES MIGHT HAVE BEEN FORESEEABLE. THE LIMITATIONS ON BOUNCEBACK’S LIABILITY OR THE LIABILITY OF ASSOCIATED PERSONS TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT BOUNCEBACK OR SUCH ASSOCIATED PERSONS HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
WE DISCLAIM ANY AND ALL SUCH ABOVE REPRESENTATIONS, WARRANTIES AND LIABILITIES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree at all times to defend, indemnify and hold harmless BounceBack and its Associated Persons (the “Indemnified Parties”) from and against any claims, losses, judgements, actions, proceedings, damages, costs and expenses (including without limitation, reasonable legal and other fees and disbursements) incurred by any of the foregoing parties due to or resulting from your use or misuse of our Site or Services, or from your violation of these Terms, including your failure to appropriately obtain consent from a third party. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of our Site and Services, including but not limited to trademark infringement or other intellectual property claims from third parties.
13. Severability and waiver
Unless as otherwise stated in the Agreement, should any provision of the Agreement be held invalid or unenforceable for any reason, it will not affect or make the remaining provisions in the Agreement unenforceable or invalid to the extent permitted by law.
This paragraph is not applicable to consumers in the Province of Québec. Except for liabilities we have expressly not excluded, our total aggregate liability relating to the Site shall be limited to $50 Canadian.
We will not be considered to have waived any of our rights or remedies described in these Terms unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
This Agreement will commence on the date you access the Site or Services and continues until terminated in accordance with the provisions of these Terms. You acknowledge and agree that these Terms shall remain in effect for so long as you use our Site or Services. You agree that this Agreement can only be terminated by you once you have stopped using our Site or Services. We reserve the right to suspend or terminate your use of our Site or Services and remove and discard any information or Registration Information related to you and your use of our Site or Services at any time, for any reason, with or without cause, if we believe that you are violating these Terms in any way. If you wish to terminate your account, you may choose to cease use of the Site and the Services or to send us a notification, which shall be effective upon receipt. If you are dissatisfied with our Site or Services, including these Terms, your sole remedy is to discontinue using our Site, or Services by ceasing to use the Site, which includes ceasing to use the Services.
15. Entire Agreement
These Terms and any of our other legal notices, policies and guidelines linked to these Terms constitute the entire agreement between you and BounceBack relating to your use of our Site and Services and supersede any prior or separate understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and the Terms may not be amended or modified except as mentioned herein.
16. No Agency; Third Party Beneficiary
We are not your agent, fiduciary, trustee, or other representative. Nothing expressed or mentioned in or implied from these Terms is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms. These Terms and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of you and BounceBack.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder without our prior written consent. BounceBack may assign these Terms and the rights and obligations granted hereunder without your consent.
The headings used in these Terms are included for convenience only and have no legal or contractual effect and shall not affect the construction or interpretation of these Terms.
20. Applicable Law
This provision is not applicable to consumers in the Province of Québec, where any dispute will be subject to the jurisdictions of the courts of the Province of Québec.
The laws of British Columbia, Canada, without regard to principles of conflict of laws, govern these Terms and any dispute that might arise between you and BounceBack. The United Nations Convention on the International Sale of Goods is explicitly excluded from this Agreement. If you take legal action relating to these Terms, you irrevocably agree to only take such action within British Columbia and only to a court of competent jurisdiction within British Columbia and in no other jurisdiction or venue, and you now irrevocably consent and submit to the jurisdiction of the courts of British Columbia for this purpose.
Please feel free to contact us if you have any questions or additional comments regarding this Agreement. You may contact us at:
Mental Health Association, BC Division
905 – 1130 West Pender Street,
Vancouver BC, V6E 4A4
22. Last Modified
These Terms were last modified on 22nd September 2022.