Please Read Carefully
Before Using This Website:
billitnow.ca maintains
this site for information and communication purposes. This webpage contains the
Terms of Use governing your access to and use of the billitnow.ca website.. If
you do not accept these Terms of Use or you do not meet or comply with their
provisions, you may not use the Website
A. TERMS APPLICABLE TO ALL USERS
1. Overview
YOUR USE OF THIS WEBSITE IS EXPRESSLY
CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.
For users who are not registered with this
Website, your use of the Website will be deemed to be acceptance of the Terms
of Use, Section A.
For users who are registered with the
Website, your use of the Website shall be subject to (i) certain designated
terms (see Section B below) in addition to those terms applicable to all users
and (ii) shall be further conditioned on your [clicking the "I AGREE TO
THE TERMS OF USE" button at the end of these Terms of Use].
IF THESE TERMS OF USE ARE NOT COMPLETELY
ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.
2. Changes to Terms
billitnow.ca may, at any time, for any reason and without notice, make changes to
(i) this Website, including its look, feel, format, and content, as well as
(ii) the products and/or services as described in this Website. Any
modifications will take effect when posted to the Website. Therefore, each time
you access the Website, you need to review the Terms of Use upon which access
and use of this Website is conditioned. By your continuing use of the Website
after changes are posted, you will be deemed to have accepted such changes.
3. Jurisdiction
The Website is directed to those
individuals and entities located in Canada. It is not directed to any person or
entity in any jurisdiction where (by reason of nationality, residence,
citizenship or otherwise) the publication or availability of the Website and
its content, including its products and services, are unavailable or otherwise
contrary to local laws or regulations. If this applies to you, you are not
authorised to access or use any of the information on this Website. billitnow.ca
makes no representation that the information, opinions, advice or other
content on the Website (collectively, "Content") is appropriate or
that its products and services are available outside Canada. Those who choose
to access this Website from other locations do so at their own risk and are
responsible for compliance with applicable local laws.
4. Scope of Use and User E-Mail
You are only authorised to view, use, copy
for your records and download small portions of the Content (including without
limitation text, graphics, software, audio and video files and photos) of this
Website for your informational, non-commercial use, provided that you leave all
the copyright notices, including copyright management information, or other
proprietary notices intact.
You may not store, modify, reproduce,
transmit, reverse engineer or distribute a significant portion of the Content
on this Website, or the design or layout of the Website or individual sections
of it, in any form or media. The systematic retrieval of data from the Website
is also prohibited.
E-mail submissions over the Internet may
not be secure and are subject to the risk of interception by third parties.
Please consider this fact before e-mailing any information. Also, please
consult our Privacy Policy. You agree not to submit or transmit any e-mails or
materials through the Website that: (i) are defamatory, threatening, obscene or
harassing, (ii) contain a virus, worm, Trojan horse or any other harmful
component, (iii) incorporate copyrighted or other proprietary material of any
third party without that party's permission or (iv) otherwise violate any
applicable laws. billitnow.ca shall not be subject to any obligations of
confidentiality regarding any information or materials that you submit online
except as specified in these Terms of Use, or as set forth in any additional
terms and conditions relating to specific products or services, or as otherwise
specifically agreed or required by law.
The commercial use, reproduction,
transmission or distribution of any information, software or other material
available through the Website without the prior written consent of billitnow.ca
is strictly prohibited.
5. Copyrights and Trademarks
The materials at this Site, as well as the
organisation and layout of this site, are copyrighted and are protected by Canadian
and international copyright laws and treaty provisions. You may access,
download and print materials on this Website solely for your personal and
non-commercial use; however, any print out of this Site, or portions of the
Site, must include billitnow.ca’s copyright notice. No right, title or
interest in any of the materials contained on this Site is transferred to you
as a result of accessing, downloading or printing such materials. You may not
copy, modify, distribute, transmit, display, reproduce, publish, license any
part of this Site; create derivative works from, link to or frame in another
website, use on any other website, transfer or sell any information obtained
from this Site without the prior written permission of billitnow.ca.
Except as expressly provided under the
"Scope of Use" Section above, you may not use, reproduce, modify,
transmit, distribute, or publicly display or operate this Website without the
prior written permission of billitnow.ca. You may not use a part of this
Website on any other Website, without billitnow.ca’s prior written
consent.
6. Links
For your convenience, we may provide links
to various other Websites that may be of interest to you and for your
convenience only. However, billitnow.ca does not control or endorse
such Websites and is not responsible for their content nor is it responsible
for the accuracy or reliability of any information, data, opinions, advice, or
statements contained within such Websites. Please read the terms and conditions
or terms of use policies of any other company or website you may link to from
our website. These Terms of Use policy applies only to billitnow.ca’s
website and the products and services billitnow.ca offers. If you
decide to access any of the third party sites linked to this Website, you do so
at your own risk. billitnow.ca reserves the right to terminate any link
or linking program at any time. billitnow.ca disclaims all warranties,
express and implied, as to the accuracy, validity, and legality or otherwise of
any materials or information contained on such sites.
You may not link to this Website without billitnow.ca’s
written permission. If you are interested in linking to this Website, please
contact us.
7. No
Unlawful or Prohibited Use
As a
condition of your use of the Website, you warrant to billitnow.ca that
you will not use the Website for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. You may not use the Website in any manner
that could damage, disable, overburden, or impair the Site or interfere with
any other party's use and enjoyment of the Website. You may not obtain or
attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.
8. Spamming
Gathering email addresses from billitnow.ca
through harvesting or automated means is prohibited. Posting or transmitting
unauthorised or unsolicited advertising, promotional materials, or any other
forms of solicitation to other Users is prohibited. Inquiries regarding a
commercial relationship with billitnow.ca should be directed to billitnow.ca
Inc.
9. No Warranties
THE WEBSITE, AND
ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS
AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY
OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS
INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH billitnow.ca EXPRESSLY
DISCLAIMS. billitnow.ca DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE
ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND billitnow.ca
WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN
UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF
THE WEBSITE. billitnow.ca MAKES NO REPRESENTATIONS OR WARRANTIES THAT
USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR
ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE
CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT
YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER
HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION
WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY billitnow.ca.
10. Governing Law, Location and
Miscellaneous
These Terms of Use shall be governed in all
respects by the laws of the Province of Ontario, Canada, without reference to
its choice of law rules. If an applicable law is in conflict with any part of
the Terms of Use, the Terms of Use will be deemed modified to conform to the
law. The other provisions will not be affected by any such modification.
11. Separate Agreements
You may have other agreements with billitnow.ca.
Those agreements are separate and in addition to these Terms of Use. These
Terms of Use do not modify, revise or amend the terms of any other agreements
you may have with billitnow.ca.
12. Canadian Resident
You represent that you are a resident of Canada.
13. No Professional Advice
The information available on the Website is
intended to be a general information resource regarding the matters covered,
and is not tailored to your specific circumstance. You should not construe this
as legal, accounting or other professional advice. This Website is not intended
for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE
ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR
LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.
14. Users Disputes
You are solely responsible for your
interactions with other Users. billitnow.ca reserves the right, but has
no obligation, to monitor disputes between you and other Users.
15. Arbitration
Except as regarding any action seeking
equitable relief, including without limitation for the purpose of protecting
any billitnow.ca confidential information and/or intellectual property
rights, any controversy or claim arising out of or relating to these Terms of
Use or this Website shall be settled by binding arbitration in accordance with
the provisions, in effect at the time the proceedings begin, of the Commercial Arbitration
Act. Any such controversy or claim shall be arbitrated on an individual basis,
and shall not be consolidated in any arbitration with any claim or controversy
of any other party. The arbitration shall be held in the province of Ontario.
All information relating to or disclosed by
any party in connection with the arbitration of any disputes hereunder shall be
treated by the parties, their representatives, and the arbitrator as
proprietary business information. Such information shall not be disclosed by
any party or their respective representatives without the prior written
authorisation of the party furnishing such information. Such information shall
not be disclosed by the arbitrator without the prior written authorisation of
all parties. Each party shall bear the burden of its own counsel fees incurred
in connection with any arbitration proceedings.
Judgment upon the award returned by the
arbitrator may be entered in any court having jurisdiction over the parties or
their assets or application of enforcement, as the case may be. Any award by
the arbitrator shall be the sole and exclusive remedy of the parties. The
parties hereby waive all rights to judicial review of the arbitrator's decision
and any award contained therein.
18. Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN
RISK. billitnow.ca SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED
IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT
OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT
(EVEN IF billitnow.ca HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS
IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE
OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS
TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE,
ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR
UNAUTHORISED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY
MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY billitnow.ca.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION
MAY NOT APPLY TO YOU.
19. Indemnity
You agree to defend, indemnify, and hold billitnow.ca,
its officers, directors, employees, agents, licensors, and suppliers, harmless
from and against any claims, actions or demands, liabilities and settlements
including without limitation, reasonable legal and accounting fees, resulting
from, or alleged to result from, your violation of these Terms of Use.
B. ADDITIONAL TERMS APPLICABLE ONLY TO
REGISTERED USERS
20. Accounts And Security
billitnow.ca does not warrant that the
functions contained in the service provided by the Website will be
uninterrupted or error-free, that defects will be corrected or that this
service or the server that makes it available will be free of viruses or other
harmful components.
As
part of the registration process, each user will select a password (“Password”)
and Login Name (“Login Name”). You shall provide billitnow.ca with
accurate, complete, and updated Account information. Failure to do so shall
constitute a breach of this Terms of Use, which may result in immediate
termination of your Account.
You
may not:
(a)
select or use a Login Name of another person
with the intent to impersonate that person;
(b)
use a name subject to the rights of any other
person without authorisation;
(c)
use a Login Name that Website, in its sole
discretion, deems inappropriate or offensive.
You
shall notify billitnow.ca of any known or suspected unauthorised use(s)
of your Account, or any known or suspected breach of security, including loss,
theft, or unauthorised disclosure of your password. You shall be responsible
for maintaining the confidentiality of your password.
Any
fraudulent, abusive, or otherwise illegal activity may be grounds for
termination of your Account, at billitnow.ca’s sole discretion, and you
may be reported to appropriate law-enforcement agencies.
Contact us: If you would like to request additional information regarding these
Terms of Use, please contact us at billitnow.ca