ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB BASED OR MOBILE APPLICATION. THIS APPLICATION, INCLUDING ALL OF ITS FEATURES AND CONTENT IS MADE AVAILABLE BY ITERRO INC. UNDER IT’S SOFTWARE BRAND PATHWAY (“COMPANY”) AND ALL CONTENT, INFORMATION, SERVICES AND SOFTWARE ORDERED OR PROVIDED ON OR THROUGH THIS WHETHER INDEPENDENTLY DEVELOPED OR THROUGH USE AGREEMENTS (“CONTENT”) MAY BE USED SOLELY UNDER THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”) AND ANY OTHER AGREEMENTS THAT MAY BE PROVIDED BY THE COMPANY TO YOU IN ADVANCE OF USING THE CONTENT. BY USING THIS APP, YOU INDICATE THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE ANY COMPANY APPLICATION. ALL TERMS HEREIN SHALL BE IN ADDITION TO ANY TERMS WITHIN ANY SERVICES AGREEMENTS ENTERED INTO WITH THE COMPANY. FURTHER BY CONTINUING YOUR USE OF THIS APPLICATION YOU ACKNOWLEDGE THAT SUCH USE SHALL BE DEEMED TO BE YOUR ACCEPTANCE WITH THE TERMS HEREIN.
WHILE CARE HAS BEEN TAKEN IN THE PREPARATION OF THE APP AND THE CONTENT, THE APP AND THE CONTENT IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, WHETHER EXPRESS OR IMPLIED, STATUTORY, COLLATERAL, OR OTHERWISE, AS TO: QUALITY; ACCURACY; COMPLETENESS; LEGALITY; CURRENCY; RELIABILITY; EFFICACY OR FITNESS FOR A PARTICULAR PURPOSE; UNINTERRUPTED ACCESS TO AN APP; ERROR-FREE OPERATION OF AN APP; AND, THE ABSENCE OF COMPUTER VIRUSES AND OTHER HARMFUL COMPONENTS OR CORRUPTED DATA OR INFORMATION ON AN APP. BY USING THE APPLICATION ON YOUR MOBILE DEVICE, IT IS POSSIBLE THAT THE WARRANTIES COVERING YOUR MOBILE DEVICE ARE VOIDED, THAT YOUR MOBILE DEVICE MAY BE CORRUPTED, AND THAT YOU OR YOUR PROPERTY MAY BE DAMAGED. YOU AGREE THAT YOUR USE OF OR INABILITY TO USE THE APPLICATION IS AT YOUR SOLE RISK.
THE COMPANY AND/OR PROVIDERS OF CONTENT (INCLUDING, WITHOUT LIMITATION, INSURERS, BROKERS OR ADJUSTERS WHO CONTRIBUTE TO THE CONTENT) SHALL HAVE NO LIABILITY, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, CONTINGENT, SPECIAL OR INCIDENTAL, RELATED TO OR ARISING FROM THE CONTENT, WHETHER BASED ON BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE), INCLUDING INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY, BREACH OF WARRANTY, FAILURE OF ESSENTIAL PURPOSE, FUNDAMENTAL BREACH, BREACH OF A FUNDAMENTAL TERM OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. FOR ABSOLUTE CLARITY ALL SUCH CONTENT PROVIDERS INCLUDING THE COMPANY SHALL HAVE NO LIABILITY FROM YOUR USE WHATSOEVER.
ANYONE USING THE APPLICATION DOES SO AT HIS OR HER OWN RISK, AND BY USING SUCH CONTENT AGREES TO INDEMNIFY THE COMPANY AND ITS CONTENT PROVIDERS FROM ANY AND ALL LIABILITY, LOSS, INJURY, DAMAGES, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND EXPENSES) ARISING FROM SUCH PERSON'S USE OF THE APPLICATION AND THE CONTENT TO THE DETRIMENT OR OUTSIDE OF THE USE INTENDED FOR.
THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. PATHWAY WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, AN APP, EVEN IF PATHWAY OR AN AUTHORIZED PATHWAY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING BUT NOT LIMITED TO TICKETS, PROVINCIAL OFFENCES INCLUDING A FAILURE TO HAVE VALID AND PRESENTABLE INSURANCE POLICY.
NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM OUR COMPANY, OUR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR REPRESENTATIVES SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.
Changes may be made at any time to Burgess ACCESS, any text, guidelines, information, pictures, barcodes, videos, data, hyperlinks, displays and other content contained within or associated with Burgess ACCESS, without prior notice to you including any Content. Your continued use of Burgess ACCESS shall constitute your acceptance to be bound by the Terms and any changes thereto.
The Company may alter, modify, update, suspend, discontinue, eliminate, cancel and/or terminate any aspect of Burgess ACCESS, including the availability of any and all of its features, at any time, in its sole discretion. The Terms also govern any updates to, or supplements or replacements for, Burgess ACCESS, which may also be subject to additional terms that will accompany such updates, supplements or replacements.
Burgess ACCESS is committed to respecting the personal privacy of individuals using our apps. Any personal information (as defined in the Freedom of Information and Protection of Privacy Act (Ontario (“FIPPA”)) collected by Burgess ACCESS is governed by FIPPA. Burgess ACCESS will not distribute, provide or sell individualized and specific personal information voluntarily supplied by a user to any third party, except that Burgess ACCESS reserves the right to disclose such personal information if such disclosure is made pursuant to a legal proceeding or otherwise required by law, or any underlying Broker or Insurer for whom your policy is written.
Information collected by the Company is stored in a secure manner. However, you acknowledge that there are security and privacy limitations which are beyond the control of the Company and that the security, integrity and privacy of any and all information and data exchanged between you and the Company through any application cannot be absolutely guaranteed.
For the purpose of the Application, the Company will collect information you provide to us including IP address, geolocation (if enabled by your device), photos you selected in your mobile device gallery Photos (if enabled on your device) and other information arising from your use of the Application (collectively called “Mobile Data”).
Burgess ACCESS is a tool that namely will enable you to use mobile devices (each a “Mobile Device”) to:
We may suspend, cancel or block your access to or use of the Burgess ACCESS Application at any time and for any reason without notice or liability to you.
If you breach any provision of the Terms or you engage in any fraudulent, abusive or otherwise illegal activity, the Company may, in our sole discretion, restrict, suspend or terminate your access to Burgess ACCESS without notice to you and without liability to you.
The Company does not provide and there are no express or implied warranties or conditions in relation to any app, including implied warranties or conditions of merchantable quality, fitness for a particular purpose, or non-infringement, or that any of the content of or features on an app will meet your needs or will be available for use at any particular time or will be error free.
In connection with your use of each app, you acknowledge and agree that you are strictly prohibited from: (i) committing unauthorized intrusions into any part of the app or related systems which are restricted from general access; (ii) circumventing security provisions in order to improperly access the app; (iii) uploading, posting or transmitting through or on this app any viruses or other harmful, disruptive or destructive files; (iv) using an app to seek or provide specific medical advice, medical opinion, diagnosis or treatment in relation to a patient’s particular condition; and (v) utilizing an app in any other manner so as to interrupt or interfere with the access to and/or usage of an app by another party.
All apps and the related Content may be used for lawful purposes only. The Content may not be copied or distributed, or republished, uploaded, posted, decompiled, or transmitted in any way unless part of the core intent of the application use, without the prior written consent of the Company.
All remarks, suggestions, ideas, graphics and other information (other than your personal information) communicated to Burgess ACCESS through an app will forever be the property of the Company unless otherwise noted.
You acknowledge that you are responsible for whatever material you submit to each app, and you, not the Company, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You are prohibited from posting or transmitting to or from an app any unlawful, threatening, libelous, defamatory, obscene or other material that would violate any law.
You agree to comply with all applicable laws and regulations (including, without limitation, all Canadian national, provincial, and local laws and regulations) governing the use of an app.
Evidence of the possible use of an app for illegal purposes will be provided to law enforcement authorities.
You acknowledge that
The app(s) and the Content are protected by Canadian and other national and international copyright, trademark and other laws.
The Company retains all copyright, trademark and all other rights in the Content. No portion of this material may be used or reproduced, other than for personal use, or distributed, transmitted or "mirrored" in any form, or by any means, without the prior written permission of Burgess ACCESS.
Certain names, words, titles, phrases, logos, icons, graphics or designs used in an app may constitute trade names, registered or unregistered trademarks or service marks ("Trademarks") of the Company or of third parties that are used under license. The display of Trademarks on each app, and those to which it is linked, does not imply the grant of any license to any other party.
Other than as expressly permitted herein or by written agreement of the Company, your use of any of the Trademarks that appear on an app is prohibited. You are advised that the Company will enforce its intellectual property rights to the fullest extent of the law, which may result in civil and/or criminal penalties.
Each app may contain links to other applications or websites which are not maintained by the Company. Should you leave an app via a link contained herein and view content that is not provided by the Company, you do so at your own risk.
Links are provided for convenience only and should not be construed as an endorsement or approval by the Company. The Company shall have no liability for any loss or damage arising from your use of any such linked applications or websites.
The Company may terminate a link at any time.
You represent and warrant that you are authorized and permitted under all laws applicable to you: to use the Services, to enter into this Agreement and comply with its terms, to meet your obligations hereunder and comply with all laws, regulations or policies that apply to the Services, including, without limitation, any and all import and export control regulations and laws.
For our providing you Services, you must provide and maintain, true, accurate and current and complete information about you as promoted by the Application registration process (“Account”). As part of the registration process, each user will provide necessary information such as your name and will select a secure password (“Password”).
You shall provide us with accurate, current and complete account information. Failure to do so shall constitute a breach of this Agreement, which may result in the immediate termination or suspension of your Account.
You are responsible for maintaining the Confidentiality of your Account Information (including your Password) and are responsible for all activities that occur in your Account.
You will notify us immediately of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.
You are responsible for the care and control of your Mobile Device and if applicable, password, passcode, and verification questions and answers (“User Information”) You must take reasonable steps to safeguard and protect your Mobile Device and User Information.
Any usernames and passwords used for the Services are for individual use only. You shall be responsible for maintaining the security and confidentiality of your username and password (if any).
The Company shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that the Company considers insecure, the Company will be entitled to require this to be changed and/or terminate your account.
You are solely responsible for: (i) acquiring any hardware, device, wireless, or Internet access required for you to use the Application; and (ii) any fees or other charges imposed by your Mobile Device provider, wireless services carrier or Internet service provider. It is your responsibility to determine if your Mobile Device provider, wireless services carrier or Internet service provider supports the Application or if your Mobile Device is capable of accessing the Internet.
You are solely responsible for: (i) timely payments. It is your sole responsibility to determine if and when your payments are due. The Company will not be held responsible for any delayed payments that may or may not have resulted from a faulty and/or delayed reminder or notification of payment.
If we upgrade, update or modify the Application (including bug fixes, patches and new versions provided to you, the “Modifications”), you may be required promptly install and use Modifications in order for you to be able to continue to access and use the Application. The Company may provide you with prior notice of the Modifications. However, if the Modifications are for the proper functioning of the Application, or safety or security of the Application or any systems or networks, the Company may not provide you with prior notice. The Company is under no obligation to make modifications.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS EMPLOYEES, AGENTS, AND DIRECTORS OR OTHER PARTIES MENTIONED IN THIS APP FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, JUDGMENTS, LOSSES, LIABILITIES, COSTS OR DEBT, AND OTHER EXPENSES ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE APPLICATION; (II) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (III) ANY CLAIM THAT YOU DID NOT HAVE THE RIGHT TO PROVIDE ANY USER CONTENT OR THAT YOUR USER CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE APPLICATION. IN SUCH A CASE, THE COMPANY WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.
These Terms and Conditions and the use of each app shall be governed by and interpreted in accordance with the laws of the Province of Ontario, and you irrevocably attorn to the non-exclusive jurisdiction of the courts of Ontario.
The Company controls and operates each app from its offices in Toronto, Ontario, Canada. The Company makes no representation that the app and the Content are appropriate or available for use in other jurisdictions. Anyone accessing an app from other jurisdictions assumes sole responsibility for compliance with local laws.
These Terms constitute the entire agreement between you and the Company with respect to the subject matter and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remaining provisions of the Terms will continue in full force and effect.
The Company may terminate your use of any app immediately without notice and in its sole judgment and discretion. Upon termination, you must destroy all materials obtained from an app and all related documentation and all copies thereof. You may not access the app after such termination without the written approval of the Company.
The Company's failure to enforce any provision of these Terms and Conditions shall not be construed as a waiver of such provision.
These Terms and Conditions shall bind and enure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns.
You shall not assign your rights or obligations hereunder without the Company’s prior written consent. The Company may assign this Agreement to any third party in our sole discretion.
If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Use of this app, may be subject to additional terms and conditions of the provider that makes an app available to you.
The Sections, Indemnity, Limitation of Liability, Disclaimer of Warranties will survive any actual or purposed termination or expiry of this Agreement and continue in full force and effect.