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BENECAID HEALTH BENEFIT SOLUTIONS INC.
WEBSITE TERMS OF USE
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Date of Last Update of this Agreement: June 27th, 2013
In this agreement (the "Agreement"), the terms "you", "your" and "the user" refer to you, the plan administrator or the plan member of the Benecaid Health Benefit Solutions Inc. ("Benecaid") plan with access through the Website to the Self-Service Web Portal web site at www.benecaid.com (the Benecaid website, including access to the portal, are referred to as the "Web Site").
Please read this Agreement carefully. It governs your use of the Web Site and the services provided through the Web Site. It exempts Benecaid and other persons from liability or limits their liability and contains other important provisions that you should read. Each time you use the Web Site you acknowledge and signify that you have read, understood, and agreed to be bound by this Agreement. If you do not agree with each provision of this Agreement each time you use the Web Site, you may not use the Web Site.
Each time you use the Web Site, the text of this Agreement, as it then reads, will govern your use. Accordingly, when you use the Web Site you should check the date of this Agreement and review any changes since the last time you visited.
The Web Site is not intended to be a comprehensive explanation of your benefits. For more information, please contact Benecaid, to resolve any questions you may have requiring a detailed description of the benefits covered under your plan. This Agreement contains the following provisions:
1. Your Acceptance of this Agreement
2. Changes to this Agreement
3. Security of the Website, including your Benecaid plan
4. Permitted Users and Access
5. Misprints and Errors, Account Balances
6. No Advice or Solicitation
7. Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity
8. User Names and Passwords
9. Termination of this Agreement and the Web Site
10. Information Submissions
11. Ownership and Permitted Use of the Web Site
12. Personal Information Privacy
13. Trade-mark Information
14. Other Sites
15. Linking and Framing the Web Site
16. Postings and Unsolicited Submissions
17. Governing Law and Dispute Resolution
18. Other Matters
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an agreement between you and Benecaid, and it governs your use of the Web Site and its content and the services provided through the Web Site. Each time you visit, browse, access, submit information to or otherwise use this Web Site you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this Agreement, "person" includes any type of incorporated or unincorporated entity, including your employer), without limitation or qualification, to be bound by this Agreement for using this Web Site, and to comply with all applicable laws and regulations, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person (such as your employer) you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, or you do not have the legal authority to agree to and accept this Agreement, you may not use the Web Site.
2. CHANGES TO THIS AGREEMENT
You may not change, supplement, or amend this Agreement in any manner. Benecaid may, in its sole discretion, change, supplement or amend this Agreement as it relates to your future use of the Web Site from time to time, for any reason, and without any notice or liability to you or any other person, by posting a revised Agreement on the Web Site. You should check for revisions each time you log into the Web Site.
You understand that the availability of the Benecaid plan to you is governed in part by your employer's contractual arrangements with Benecaid and your continuing membership in the benefits plan(s), which may change from time to time. You understand that any such changes in availability shall be communicated to you by your employer and Benecaid assumes no liability for such communication or lack thereof.
3. SECURITY OF THE WEB SITE
Benecaid will protect your personal information with safeguards appropriate to the level of sensitivity of the information. Our safeguards are in place to protect your personal information; as such term is defined in our Privacy Policy, found at www.benecaid.com/privacypolicy.aspx, against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification, regardless of the format in which the personal information is held. We are committed to the careful disposal or destruction of personal information to prevent unauthorized parties from gaining access to it. Our methods of protection include physical measures (e.g., locked file storage and restricted access to offices), organizational measures (e.g., security clearances and limiting access on a need-to-know basis), and technological measures (e.g., the use of passwords and encryption).
While we are doing all we can to ensure a secure online experience, there are also important measures you can take to protect yourself when you access the Web Site. Additional information on security measures taken by Benecaid to safeguard your personal information may be found in Section 8 of this Agreement and our Security Policy, found at www.benecaid.com/securitypolicy.aspx. For information on your security obligations in accessing the Web Site, please refer to Section 8 of this Agreement and the Security Policy found at www.benecaid.com/securitypolicy.aspx.
4. PERMITTED USERS AND ACCESS
The Web Site may be used only by a person resident in Canada, or otherwise employed in Canada, who has reached the age of majority or legal age in hi/her jurisdiction and who can form legally binding contracts under applicable law, or who, notwithstanding having not reached the age of majority in his/her jurisdiction is otherwise eligible to have a Benecaid plan as result of their employment. The Web Site may not be used by persons in jurisdictions where access to or use of the Web Site or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Web Site is lawful, and you must comply with all applicable laws.
5. MISPRINTS AND ERRORS, ACCOUNT BALANCES
Benecaid endeavours to provide current and accurate information on the Web Site. Benecaid believes that the information included on the Web Site is accurate when it is posted on the Web Site; however, such information is subject to change and update at any time without prior notice. Furthermore, you acknowledge that misprints or other errors may occur.
Accordingly, Benecaid reserves the right to adjust account balances (for reasons including but not limited to correcting errors, adding funds contributed by employers or removing funds in respect of claims made by you, administrative fees and product premiums), fees and charges regarding the Benecaid plan and any services available through or reflected on the Web Site at any time and from time to time without any notice or liability to you or any other person. Also, given the nature of the Internet, Benecaid cannot guarantee that the Benecaid plan, as reflected on the Web Site or any services advertised on the Web Site will be available when the user attempts to access them or at any relevant time. Accordingly, Benecaid reserves the right at any time to reject, correct, cancel or terminate any service request or account. Benecaid reserves the right to refuse to accept any request for services or changes to your account, notwithstanding any course of dealing between Benecaid and you in the past.
Your online request for services delivered over the Web Site constitutes your request to engage Benecaid to supply those services. Your request for services shall be deemed to be accepted only if and when Benecaid actually carries out your instructions. If you wish to cancel a request for services or update your information, you may use the change request forms on the Web Site or send an email to customercare@benecaid.com. However, Benecaid may not receive and process your change or cancellation request before it accepts and processes your request for services, in which case your cancellation request may not be effective.
6. NO ADVICE OR SOLICITATION
THE CONTENT OF THE WEB SITE DOES NOT CONSTITUTE ADVICE OR RECOMMENDATIONS. YOU SHOULD SEEK THIRD PARTY PROFESSIONAL ADVICE AND RECOMMENDATIONS BEFORE ACTING OR OMITTING TO ACT BASED UPON ANY INFORMATION PROVIDED ON OR THOUGH THE WEB SITE.
7. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY
Benecaid strives to make your use of the Web Site a useful experience, and an easy way to access the Benecaid plan and services provided by Benecaid. Nevertheless, Benecaid and its service providers (the "Providers") do not accept any liability for your use of the Web Site. For that reason, the following provisions apply to your use of the Web Site:
DISCLAIMER
YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR USEFULNESS, ALL OF WHICH EACH OF BENECAID AND ITS PROVIDERS HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW.
You (and not Benecaid or its providers) assume the entire cost of all necessary servicing, repair or correction to any computer or other equipment arising from, connected with, or relating to your use of the Web Site.
BENECAID IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE WEB SITE OR THE SOURCE OF COMMUNICATIONS PURPORTED TO BE FROM USERS OF THE WEB SITE. HOWEVER, YOU PROMISE NOT TO SHARE USE OF YOUR USER NAME OR PASSWORD OR TO ALLOW ANYONE TO USE THE WEB SITE POSING AS YOU.
Through or because of your use of the Web Site, you may have the opportunity to engage in commercial transactions with other persons. All such transactions are at your own risk. Benecaid is not a party to any such transactions and disclaims any and all liability regarding all such transactions.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BENECAID AND ITS PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY; PARTICULAR RESULTS OR ANY RESULTS AT ALL MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE;THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON;
AND BENECAID AND ITS PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
LIABILITY EXCLUSION
BENECAID AND ITS PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME, PROFITS OR BENEFITS OR THE MONETARY EQUIVALENT OF SUCH BENEFITS (ALL AS ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY BENECAID OR ANY OF ITS PROVIDERS OR ANY PERSON FOR WHOM BENECAID OR ANY OF ITS PROVIDERS ARE RESPONSIBLE, AND NOTWITHSTANDING THAT BENECAID OR ITS PROVIDERS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
RELEASE
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF BENECAID AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEB SITE.
BASED ON THE EMERGING NATURE OF INTERNET TRANSACTIONS AND RELATED TECHNOLOGY, YOU AGREE THAT THESE EXCLUSIONS OF LIABILITY, AND THE RELEASE OF BENECAID FROM ANY LIABILITY AS DESCRIBED HEREIN, ARE FAIR AND REASONABLE, AND THAT BENECAID WOULD NOT HAVE PERMITTED USE OF THE WEB SITE BY YOU IF NOT FOR YOUR AGREEMENT WITH THE LIABILITY EXCLUSIONS AND DISCLAIMERS SET OUT HEREIN.
INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF BENECAID AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEB SITE, THE USE OF THE WEB SITE BY SOMEONE POSING AS YOU, OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND. YOU FURTHER AGREE TO INDEMNIFY BENECAID AND THE PROVIDERS FROM ALL SUITS, DAMAGES, COSTS AND LIABILITIES WHATSOEVER ARISING FROM ANY TRANSACTIONS IN WHICH YOU ENGAGE USING PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE WEB SITE.
ADVICE AND INFORMATION PROVIDED BY BENECAID OR ITS REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
The exclusion of certain warranties and the limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.
The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement.
8. USER NAMES AND PASSWORDS
Web Site accounts may be accessed only by use of an initial unique user name and password, provided to you by Benecaid, as well as a replacement unique user and password, as provided by you to Benecaid (both the temporary and the replacement user names and passwords are referred to herein as the "user name" and "password").
The use of a password does not restrict access by Benecaid and its Providers to the password-protected information. User names and passwords may not be shared by you with anyone. For security reasons, you must keep your user name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Benecaid representative. Also, passwords must be non-obvious, hard-to-guess, and confidential and changed on a regular basis, and you must log-out at the end of each session.
You agree to apply the highest level of care in using your username and password to avoid theft, misappropriation, unauthorized access and unauthorized communication and you agree that this is a reasonable request.
You (or your employer, if you use the Web Site on behalf of your employer) are solely responsible and liable for any use and misuse of your user name and password and for all activities that occur under your user name and password. You must ensure that all uses of your user name and password comply with this Agreement.
You must immediately, or in any case within 24 hours, notify Benecaid at 1 (877) 797-7448 of any unauthorized use of your user name or password, or if you know or suspect that your user name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
The use of your username and password by you, or by any person with or without your knowledge or consent binds you legally unless you have notified Benecaid that the confidentiality of your username and password has been compromised, as required by this Agreement.
All user names and passwords remain the property of Benecaid, and may be cancelled or suspended at any time by Benecaid without any notice or liability to you or any other person. Benecaid is not under any obligation to verify the actual identity or authority of the user of any user name or password.
You must respond promptly to all email and other correspondence from Benecaid, including without limitation email and correspondence concerning complaints or concerns regarding your use of your user name or password or your use of the Web Site.
THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE, AND CAN BE CIRCUMVENTED. YOUR USE OF PASSWORDS IS AT YOUR OWN RISK.
9. TERMINATION OF THIS AGREEMENT AND THE WEB SITE
If you breach any provision of this Agreement, you may no longer use the Web Site.
Benecaid may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the Web Site or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person.
Benecaid may at any time and for any reason, with or without cause, and in its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Web Site and your user name and password, all without any notice or liability to you or any other person.
If this Agreement or your permission to use the Web Site is terminated by you or Benecaid for any reason, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Web Site and your engagement of the services of Benecaid through the Web Site and anything connected with, relating to or arising from those matters.
10. INFORMATION SUBMISSIONS
All information you provide, including name and email address, benefit claims, and transaction-related information, must be true, accurate, current and complete. You must also provide Benecaid with updated personal information, including but not limited to email address, mailing address, or phone number, within 30 days of any changes.
Benecaid will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Benecaid or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change. Benecaid may require a copy of a government-issued form of identification before making any changes to your registration information.
11. OWNERSHIP AND PERMITTED USE OF THE WEB SITE
The Web Site and all information (in text, graphical, video and audio forms), images, icons, software, design, applications and other elements available on or through the Web Site are the property of Benecaid, its Providers and others, and are protected by Canadian and international copyright, trade-mark, and other laws. Your use of the Web Site does not transfer to you or any other person any ownership or other rights in the Web Site or its content. You may only use the Web Site in the manner described specifically in this Agreement.
The Web Site may not be used for any purpose not expressly permitted by this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Web Site may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of Benecaid. You may not use any of the software that is used in the operation of the Web Site except in the course of using the Web Site. You may not reproduce, copy, duplicate, sell, or resell any part of the Web Site (including the software used in the operation of the Web Site) or access to the Web Site.
The Web Site is made available to you for your lawful use only. You may access and browse the Web Site using commercially available, SSL-capable Web browser software. You may print or download the pages of the Web Site for your personal use provided that you do not modify any of the Web Site pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.
12. PERSONAL INFORMATION PRIVACY
Benecaid collects, uses, and, in some instances, discloses personal information in accordance with its Privacy Policy found at www.benecaid.com/privacypolicy.aspx. Please ensure that you have reviewed and you agree with the Privacy Policy, as your use of the Web Site is conditional upon your consent to the collection, use and disclosure of your personal information as outlined therein, as well as to the provisions of this Agreement.
13. TRADE-MARK INFORMATION
BenecaidTM and the Benecaid logo are registered and unregistered trade-marks and trade names owned by Benecaid. Other product and company names and logos appearing on the Web Site may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners.
Any use of the trade-names, trade-marks, service-marks and logos (collectively "Marks") displayed on the Web Site, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Web Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks displayed on the Web Site.
14. OTHER SITES
The Web Site may include links to other Web Sites or resources and businesses operated by other persons ("Other Sites"). Other Sites are independent from Benecaid, and Benecaid has no responsibility or liability for or control over Other Sites, their businesses, goods, services, or content. Links to Other Sites are provided solely for your convenience. Benecaid does not sponsor or endorse any Other Sites or their content or the services available through those other Web Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against Benecaid arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. As between you and Benecaid, the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content.
15. LINKING AND FRAMING THE WEB SITE
Links to the Web Site without the express written permission of Benecaid are strictly prohibited. To request permission to link to the Web Site, please contact Benecaid. Benecaid reserves the right to cancel and revoke any permission it may give to link to the Web Site at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the Web Site or any of its content in any form and by any method is strictly prohibited.
16. POSTINGS AND UNSOLICITED SUBMISSIONS
You may not modify the Web Site or post comments, communications, or any other data of any kind to or on the Web Site with the intention that such postings may be viewed by other users of the Web Site.
Benecaid does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. The purpose of this policy is to avoid potential misunderstandings or disputes. Accordingly, please do not send any unsolicited ideas, suggestions or other materials ("Submissions") to Benecaid or the Web Site. However, if you do send Submissions to Benecaid or the Web Site you automatically grant (or warrant that the owner of the Submissions grants) to Benecaid and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Benecaid or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Benecaid and its assigns.
17. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement, your use of the Web Site, and all related matters are governed solely by the laws of the Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.
Any dispute between Benecaid and you or any other person arising from, connected with or relating to the Web Site, this Agreement or any related matters must be resolved before the Courts of Ontario sitting in the City of Toronto, Ontario, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.
Any claim or cause of action you may have arising from, connected with, or relating to your use of the Web Site, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the City of Toronto, Ontario, Canada.
18. OTHER MATTERS
In addition to communications by voice and mail, you authorize Benecaid to communicate with you by online notices, electronic mail (email) to your personal or work computer or fax, at such numbers or addresses as you provide to us.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
The provisions of this Agreement will ensure to the benefit of and be binding upon each of Benecaid and its Providers and each of their respective successors and assigns and related persons and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of Benecaid, which may be withheld in Benecaid's sole discretion. Benecaid may assign this Agreement and its rights and obligations under this Agreement without your consent.
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
You and Benecaid are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Web Site.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais.
Any rights not expressly granted by this Agreement are reserved to Benecaid.
This Agreement is subject to change without notice.
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