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Terms & Conditions
This agreement applies as between you, the User of this Website
and The Bridge Youth & Family Services, the owner(s) of this Website.
Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25
of these Terms and Conditions is deemed to occur upon your first use of the
Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do
not agree to be bound by these Terms and Conditions, you should stop using the
Website immediately.
No part of this Website is intended to constitute a contractual offer
capable of acceptance. Your order constitutes a contractual offer and Our
acceptance of that offer is deemed to occur upon Our sending a confirmation
email to you indicating that your order has been accepted.
1. Definitions and
Interpretation
In this Agreement the following terms shall have the following meanings:
Account: means collectively the personal information, Payment
Information and credentials used by Users to access Paid Content and / or any communications
System on the Website;
Content: means any text, graphics, images, audio, video,
software, data compilations and any other form of information capable of being
stored in a computer that appears on or forms part of this Website;
Facilities: means collectively any online facilities, tools,
services or information that The Bridge Youth & Family Services makes
available through the Website either now or in the future;
Services: means the services available to you through this Website,
specifically use of the Healthy Together proprietary e-learning
platform;
Payment Information: means any details
required for the purchase of Services from this Website. This includes, but is
not limited to, credit / debit card numbers, bank account numbers and sort
codes;
Premises: Means Our place(s) of business located at 2604
Enterprise Way #8, Kelowna, BC V1X 7Y5;
System: means any online communications infrastructure
that The Bridge Youth & Family Services makes available through the
Website either now or in the future. This includes, but is not limited to,
web-based email, message boards, live chat facilities and email links;
User / Users: means any third party that
accesses the Website and is not employed by The Bridge Youth & Family
Services and acting in the course of their employment;
Website: means the website that you are currently using (https://healthy-together.mylearnworlds.com/)
and any sub-domains of this site (e.g. subdomain. healthy-together.mylearnworlds.com)
unless expressly excluded by their own terms and conditions; and
We/Us/Our: means The Bridge Youth & Family Services, a
company incorporated with the Registrar of Companies for XXX with Charitable
Registration No. 11922 1661RR0001 , 2604 Enterprise Way #8,
Kelowna, BC V1X 7Y5.
2. Age Restrictions
Persons under the age of 18 should use this Website only with the
supervision of an Adult. Payment Information must be provided by or with the
permission of an Adult.
3. Business
Customers
These Terms and Conditions also apply to customers procuring Services in
the course of business.
4. Intellectual
Property
·
4.1 Subject to the exceptions in Clause 5
of these Terms and Conditions, all Content included on the Website, unless
uploaded by Users, including, but not limited to, text, graphics, logos, icons,
images, sound clips, video clips, data compilations, page layout, underlying
code and software is the property of The Bridge Youth & Family Services,
Our affiliates or other relevant third parties. By continuing to use the
Website you acknowledge that such material is protected by applicable Canadian
and International intellectual property and other laws.
·
4.2 Subject to Clause 6 you may not
reproduce, copy, distribute, store or in any other fashion re-use material from
the Website unless otherwise indicated on the Website or unless given Our
express written permission to do so.
5. Third Party
Intellectual Property
·
5.1 Unless otherwise expressly
indicated, all Intellectual Property rights including, but not limited to,
Copyright and Trademarks, in product images and descriptions belong to the
manufacturers or distributors of such products as may be applicable.
·
5.2 Subject to Clause 6 you may not reproduce, copy,
distribute, store or in any other fashion re-use such material unless otherwise
indicated on the Website or unless given express written permission to do so by
the relevant manufacturer or supplier.
7. Links to Other
Websites
This Website may contain links to other sites. Unless expressly stated,
these sites are not under the control of The Bridge Youth & Family
Services or that of Our affiliates. We assume no responsibility for the content
of such websites and disclaim liability for any and all forms of loss or damage
arising out of the use of them. The inclusion of a link to another site on this
Website does not imply any endorsement of the sites themselves or of those in
control of them.
8. Links to this
Website
Those wishing to place a link to this Website on other sites may do so
only to the home page of the site https://healthy-together.mylearnworlds.com/
without Our prior permission. Deep linking (i.e. links to specific pages within
the site) requires Our express written permission. To find out more please
contact Us by email at to healthy-together@thebridgeservices.ca
or call us in the following number: (250) 763-0456.
9. Use of
Communications Facilities
·
9.1 When using any System on the
Website you should do so in accordance with the following rules. Failure to
comply with these rules may result in your Account being suspended or closed:
·
9.1.1 You must not use obscene or
vulgar language;
·
9.1.2 You must not submit Content
that is unlawful or otherwise objectionable. This includes, but is not limited
to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist
or racist;
·
9.1.3 You must not submit Content
that is intended to promote or incite violence;
·
9.1.4 It is advised that submissions
are made using the English language as We may be unable to respond to enquiries
submitted in any other languages;
·
9.1.5 The means by which you identify
yourself must not violate these Terms and Conditions or any applicable laws;
·
9.1.6 You must not impersonate other
people, particularly employees and representatives of The Bridge Youth
& Family Services or Our affiliates; and
·
9.1.7 You must not use Our System for
unauthorised mass-communication such as "spam" or "junk
mail".
·
9.2 You acknowledge that The
Bridge Youth & Family Services reserves the right to monitor any and all
communications made to Us or using Our System.
·
9.3 You acknowledge that The
Bridge Youth & Family Services may retain copies of any and all
communications made to Us or using Our System.
·
9.4 You acknowledge that any
information you send to Us through Our System may be modified by Us in any way
and you hereby waive your moral right to be identified as the author of such
information. Any restrictions you may wish to place upon Our use of such
information must be communicated to Us in advance and We reserve the right to
reject such terms and associated information.
10. Accounts
·
10.1 In order to procure Services on
this Website and to use certain other parts of the System, you are required to
create an Account which will contain certain personal details and Payment
Information which may vary based upon your use of the Website as We may not
require payment information until you wish to make a purchase. By continuing to
use this Website you represent and warrant that:
·
10.1.1 all information you submit is
accurate and truthful;
·
10.1.2 you have permission to submit
Payment Information where permission may be required; and
·
10.1.3 you will keep this information
accurate and up-to-date. Your creation of an Account is further affirmation of
your representation and warranty.
·
10.2 It is recommended that you do
not share your Account details, particularly your username and password. We
accept no liability for any losses or damages incurred as a result of your
Account details being shared by you. If you use a shared computer, it is
recommended that you do not save your Account details in your internet browser.
·
10.3 If you have reason to believe
that your Account details have been obtained by another person without consent,
you should contact Us immediately to suspend your Account and cancel any
unauthorised orders or payments that may be pending. Please be aware that
orders or payments can only be cancelled up until provision of Services has
commenced. In the event that an unauthorised provision commences prior to your
notifying Us of the unauthorised nature of the order or payment then you shall
be charged for the period from the commencement of the provision of services
until the date you notified us and may be charged for a billing cycle of one
month.
·
10.4 When choosing your username you
are required to adhere to the terms set out above in Clause 9. Any failure to
do so could result in the suspension and/or deletion of your Account.
11. Termination and
Cancellation of Accounts
·
11.1 Either The Bridge Youth
& Family Services or you may terminate your Account. If We terminate your
Account, you will be notified by email and an explanation for the termination
will be provided. Notwithstanding the foregoing, We reserve the right to
terminate without giving reasons.
·
11.2 If We terminate your Account,
any current or pending orders or payments on your Account will be cancelled and
provision of Services will not commence.
12. Services,
Pricing and Availability
·
12.1 Whilst every effort has been
made to ensure that all general descriptions of Services available from The
Bridge Youth & Family Services correspond to the actual Services that will
be provided to you, We are not responsible for any variations from these
descriptions as the exact nature of the Services may vary depending on your
individual requirements and circumstances. This does not exclude Our liability
for mistakes due to negligence on Our part and refers only to variations of the
correct Services, not different Services altogether. Please refer to sub-Clause
13.8 for incorrect Services.
·
12.2 Where appropriate, you may be
required to select the required Plan of Services.
·
12.3 We neither represent nor
warrant that such Services will be available at all times and cannot
necessarily confirm availability until confirming your Order. Availability indications
are not provided on the Website.
·
12.4 All pricing information on the
Website is correct at the time of going online. We reserve the right to change
prices and alter or remove any special offers from time to time and as
necessary.
·
12.5 In the event that prices are
changed during the period between an order being placed for Services and Us
processing that order and taking payment, then the price that was valid at the
time of the order shall be used.
·
12.6 The Customer is responsible for
goods and services tax, sales and all other applicable taxes associated with
the order, however designated.
13. Orders and
Provision of Services
·
13.1 No part of this Website
constitutes a contractual offer capable of acceptance. Your order constitutes a
contractual offer that We may, at Our sole discretion, accept. Our acceptance
is indicated by Us sending to you an order confirmation email. Only once We
have sent you an order confirmation email will there be a binding contract
between The Bridge Youth & Family Services and you.
·
13.2 Order confirmations under
sub-Clause 13.1 will be sent to you before the Services begin and shall contain
the following information:
·
13.2.1 Confirmation of the Services
ordered including full details of the main characteristics of those Services;
·
13.2.2 Fully itemised pricing for the
Services ordered including, where appropriate, taxes, delivery and other
additional charges;
·
13.2.3 Relevant times and dates for
the provision of the Services;
·
13.2.4 User credentials and relevant
information for accessing those services.
·
13.3 If We, for any reason, do not
accept your order, no payment shall be taken under normal circumstances. In any
event, any sums paid by you in relation to that order will be refunded.
·
13.4 Payment for the Services shall
be taken via your chosen payment method, immediately for any setup fee that
corresponds to the service plan you purchased and at the same day of each
subsequent month (“billing cycle”) for charges accrued during the previous
month (“billing cycle”) AND/OR as indicated in the order confirmation you
received.
·
13.5 We aim to fulfill your Order
within 2-3 working days or if not, within a reasonable period following your
Order, unless there are exceptional circumstances. If we cannot fulfill your
Order within a reasonable period, we will inform you at the time you place the
Order by a note on the relevant web page or by contacting you directly after
you place your Order. Time is not of the essence of the Contract, which means
we will aim to fulfill your Order within any agreed timescales but this is not
an essential term of the Contract and we will not be liable to you if we do not
do so. If the Services are to begin within 14 calendar days of Our acceptance
of your order, at your express request, you will be required to expressly
acknowledge that your statutory cancellation rights, detailed below in Clause
14, will be affected.
·
13.6 The Bridge Youth & Family
Services shall use all Our reasonable endeavours to provide the Services with reasonable
skill and care, commensurate with best trade practice.
·
13.7 In the event that Services are
provided that are not in conformity with your order and thus incorrect, you
should contact Us immediately to inform Us of the issue. We will ensure that any
necessary corrections are made within a reasonable time frame.
·
13.8 Healthy
Together provides technical support via our online support forum and/or
phone. Healthy Together makes any effort possible to respond to support
requests within a reasonable timeframe, but we do not guarantee a particular
response time.
14. Cancellation of
Orders and Services
We want you to be completely satisfied with the Products or Services you
order from The Bridge Youth & Family Services. If you need to speak to
us about your Order, then please contact customer care by email at healthy-together@thebridgeservices.ca
or write to us at our address (see section 1 above). You may cancel an Order
that we have accepted or cancel the Contract. If any Specific Terms
accompanying the Service contain terms about cancelling the Service, the
cancellation policy in the Specific Terms will apply .
15. Privacy
Use of the Website is also governed by Personal Information Protection
Act, SBC 2003, C 63 (“PIPA”), Personal Information Protection and Electronic
Documents Act, SC 2000, c 5 (“PIPEDA”), other applicable provincial and
territorial privacy laws and our Privacy Policy which is incorporated into
these Terms and Conditions by this reference. To view the Privacy Policy,
please click on the link above.
16. How We Use Your
Personal Information (Data Protection)
·
16.1 The Bridge Youth & Family
Services covenants and agrees that it will abide by, in every respect, the
Personal Information Protection Act (PIPA), PIPEDA and any relevant and
applicable similar legislation.
·
16.2 We may use your personal
information to:
·
16.2.1 Provide Our Services to you;
·
16.2.2 Process your payment for the
Services; and
·
16.2.3 Inform you of new products and
services available from Us. You may request that We stop sending you this
information at any time.
·
16.3 In certain circumstances (if,
for example, you wish to purchase Services on credit), and with your consent,
We may pass your personal information on to credit reference agencies. These
agencies are also bound by the PIPA and should use and hold your personal
information accordingly.
·
16.4 We will not pass on your
personal information to any other third parties without first obtaining your
express permission.
17. Disclaimers
·
17.1 We make no warranty or
representation that the Website will meet your requirements, that it will be of
satisfactory quality, that it will be fit for a particular purpose, that it
will not infringe the rights of third parties, that it will be compatible with
all systems, that it will be secure and that all information provided will be
accurate. We make no guarantee of any specific results from the use of our
Service or Services.
·
17.2 No part of this Website is
intended to constitute advice and the Content of this Website should not be
relied upon when making any decisions or taking any action of any kind.
·
17.3 No part of this Website is
intended to constitute a contractual offer capable of acceptance.
·
17.4 Whilst We use reasonable
endeavours to ensure that the Website is secure and free of errors, viruses and
other malware, you are strongly advised to take responsibility for your own
internet security, that of your personal details and your computers.
18. Changes to the
Facilities and these Terms and Conditions
We reserve the right to change the Website, its Content or these Terms
and Conditions at any time. You will be bound by any changes to the Terms and
Conditions from the first time you use the Website following the changes. If We
are required to make any changes to these Terms and Conditions by law, these
changes will apply automatically to any orders currently pending in addition to
any orders placed by you in the future.
19. Availability of
the Website
·
19.1 The Website
is provided “as is” and on an “as available” basis. Healthy Together uses
industry best practices to provide a high uptime, including a fault-tolerant
architecture hosted in cloud servers. We give no warranty that the Website or
Facilities will be free of defects and / or faults and we do not provide any
kind of refund for outages. We provide no warranties (express or implied) of
fitness for a particular purpose, accuracy of information, compatibility and
satisfactory quality.
·
19.2 We accept no liability for any
disruption or non-availability of the Website resulting from external causes
including, but not limited to, ISP equipment failure, host equipment failure,
communications network failure, power failure, natural events, acts of war or
legal restrictions and censorship.
20. Limitation of
Liability
·
20.1 To the maximum extent permitted
by law, We accept no liability for any direct or indirect loss or damage,
foreseeable or otherwise, including any indirect, consequential, special or
exemplary damages arising from the use of the Website or any information
contained therein. You should be aware that you use the Website and its Content
at your own risk.
·
20.2 In the event that any of these
terms are found to be unlawful, invalid or otherwise unenforceable, that term
is to be deemed severed from these Terms and Conditions and shall not affect
the validity and enforceability of the remaining Terms and Conditions. This
term shall apply only within jurisdictions where a particular term is illegal.
21. No Waiver
In the event that any party to these Terms and Conditions fails to
exercise any right or remedy contained herein, this shall not be construed as a
waiver of that right or remedy.
22. Previous Terms
and Conditions
In the event of any conflict between these Terms and Conditions and any
prior versions thereof, the provisions of these Terms and Conditions shall
prevail unless it is expressly stated otherwise.
23. Third Party
Rights
Nothing in these Terms and Conditions shall confer any rights upon any
third party. The agreement created by these Terms and Conditions is between you
and The Bridge Youth & Family Services.
24. Communications
·
24.1 All
notices / communications shall be given to Us either by post to Our Premises
(see address above) or by email to healthy-together@thebridgeservices.ca.
·
24.2 We may from time to time, if
you opt to receive it, send you information about Our products and/or services.
If you do not wish to receive such information, please click on the
‘Unsubscribe’ link in any email which you receive from Us.
25. Law and
Jurisdiction
The laws of the Province of British Columbia and
the applicable laws of Canada will govern these terms and conditions and all
related transactions. The parties agree to the exclusive jurisdiction of the
courts of the Province of British Columbia.
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