Boxx Insurance Inc.
Please read these terms and conditions of use as set out below (the “
Terms”) carefully before using the [boxxinsurance.com] website (the “
Site”), one of the Cyberboxx membership programs such as Stay Safe which includes the “
Cyberboxx Threat Monitoring” service and Simply Safe which includes the “
Hackbusters” service, the “
Cyberboxx Alert” web and mobile app and any other service or product which may be made available
to you by us or our Service providers (collectively with the Site, the “
Service”). These Terms govern your access to and use of this Service, including the messages,
information, data, text, software, images and other content that make up the Site (the “
Content,” which content is part of this Service). The Terms exempt Boxx Insurance Inc. ("
our” or “
us”) and others from liability and/or limit our and their liability and contain other important
provisions that apply to your use of the Service.
Your use of the Service constitutes your acceptance of these Terms. By agreeing to these Terms you represent and
warrant that: (i) in the case of an individual, you are 18 years of age or older and of at least the age of majority
in the jurisdiction in which you reside as of the time you enroll with us; (ii) you have the authority to enter
into these Terms on behalf of your company or other person on whose behalf you may be entering into these Terms
Organization”); (iii) in the case of an Organization, that it is domiciled in Canada; and (iv)
your access to or use of the Service does not violate applicable laws.
Your use of this Service is conditional on your acceptance of these Terms. By visiting or using this Service you
agree on your own behalf, and on behalf of any Organization on whose behalf you may act (collectively referred
to herein as “
you”), to accept and abide by these Terms for each use of and each visit to this Service. You
also agree to comply with our privacy statement available at boxxinsurance.com. (the “
If you do not agree to these Terms, you must not enroll or register for the Service. You agree to have these Terms
and any related information made available to you, and to otherwise have communications between you and us occur,
electronically. You that you must keep your email address up to date for purposes of receiving policy notifications
and you hereby waive your to right to receive such notices if you do not provide a valid email address.
We have the right, in our sole discretion, to add to, remove, modify or otherwise change any part of these Terms,
in whole or in part, at any time. If we exercise this right, the “Last Update” notice at the top of this document
shall be amended to reflect the last date of such changes. Changes will be effective as of the date the changes
to these Terms are posted to this Service. It is your responsibility to check these Terms each time you access
this Service to determine whether any changes have been made, including by checking the date of the “Last Update”
at the top of these Terms. If any change to these Terms is not acceptable to you, you must discontinue your use
of the Service immediately. Your continued use of the Service after any such changes are posted will constitute
acceptance of those changes. These Terms apply exclusively to your use of this Service and do not alter the terms
or conditions of any other agreement you may have with us.
We may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue
any aspect of this Service, including: (i) changing the availability of, restricting access to, or imposing limits
on any or all features or services on, or links to, this Service; (ii) removing, adding, modifying or otherwise
changing any fees or charges arising out of use of this Service or any features of this Service; and (iii) removing,
adding, modifying or otherwise changing any Content on this Service. We reserve the right, in our sole discretion,
to correct any errors or omissions in any portion of this Service at any time without notice, but confirm that
we have no duty to do so.
Any mobile application downloaded via a third party store, such as the App Store or Google Play, may be subject to
additional terms and conditions applicable to each store. You acknowledge and agree that the owner of such third
party store is not a party to these Terms.
Subject to these terms, you are granted a non-exclusive, non-transferable, non-sub-licensable, revocable, limited
right and license to use this Service, including the Content therein accessible through this Service, solely
for informational purposes and solely for your own personal use or your internal business use if you are an Organization.
You may not, nor may you cause or assist another to
To the extent that you are in breach of your obligations under these Terms, we may investigate occurrences which may involve
violations of such laws and co-operate with law enforcement authorities in prosecuting users who are involved
in such violations. We reserve the right at all times to disclose any information (including without limitation
your personal information or your identity) regarding your usage of this Service (including any perceived violations
of applicable law), in each case as may be permitted by or required to satisfy applicable law.
To use the Service (to be a “
User”), you must enrol for an account to become a member of the Service. You may enrol as a member
by purchasing any of our insurance products and becoming a “
Policyholder“, or by registering as a “
Member Applicant“, which refers to a User of our non-fee based services. Your obligations as a
You may become a member of the Service by enrolling in one or more of the following ways:
Through the Service we may permit you to enroll and register (i) on your own via the Site, or (ii) via a third party approved
by Boxx (an “
Approved Third Party”) to provide us with your information and to enroll you on your behalf (collectively,
Enrollment Process"). In order to complete the Enrollment Process and become a member of the Cyberboxx
cyber insurance plan from Boxx, you must provide us with the full and accurate information that we require to
complete our underwriting process satisfactorily, which may include without limitation your company name, business
address, telephone number, email address, website address(es), business, revenue, data held and other information
to assess your business risk, as well as risk information such as your current cyber security measures and business
controls (collectively, "
If we are unable to obtain your Enterprise Controls or you fail to meet our minimum acceptance criteria (“
Underwriting Acceptance”), the insurance benefits and Service for which you have applied for may
be limited or unavailable.
As a Member Applicant, you may receive a cyber threat score (“
Boxx Score”) and assessment from us relating to the cyber resilience of your Organization. You
understand and agree that the Cyberboxx Score and report is for guidance only. You understand that we use certain
proprietary technologies and database information owned by or under license to us, but not all harmful activities
(including activities for which the risk of an actual or attempted cyber threat exists for a third party or any
connected third parties or activities that might result in the potentially fraudulent use of a customer's information)
may be monitored and the scope of the network utilized by us to provide alerts may change. You also understand
and agree that, you may not be eligible for a Boxx Score and it may take up to four (4) weeks from the date that
you receive membership confirmation after the Enrollment Process in order for all of the functions to be fully
Upon completion of the Enrollment Process and membership confirmation, and payment to us of any insurance premiums
and fees owed, you will become eligible to receive the Cyberboxx cyber insurance plan and related services for
which you have enrolled or registered. As a Policyholder, should you become a victim of a cyber breach, you will
be insured for certain losses in accordance with our Cyberboxx cyber insurance plan.
You hereby grant Boxx (including our service providers) a non-exclusive, royalty-free, fully paid-up, license to use your
member account information in order to provide our Service to you, and to prepare aggregated and anonymous data
derived from your account information for our own internal use.
As a Policyholder, you elect to enroll in Cyberboxx Alert which is our mobile and web threat monitoring and alert system.
You acknowledge and agree that we may continue to send you alerts and other notifications via Cyberboxx Alert
or the email address you provided to us, or through another method as expressly agreed to by us in writing, until
you notify us that you no longer wish to receive these mobile alerts or the Service is cancelled by you or us.
You should note that mobile alerts sent to you are not encrypted. You should take steps to protect your email
and/or any devices through which you access or receive such alerts to safeguard against unauthorized access.
The frequency of alerts will vary based on the kinds of alerts and other notifications (including push notifications on your
mobile device) you sign up to receive pursuant to your Service. You will be responsible for all data plan fees
charged by your mobile phone service. Mobile alerts are provided as a courtesy to you. We do not guarantee the
actual, complete or timely delivery of any mobile alerts. We are not responsible for, and expressly disclaim
any and all liability related to, the failure of any mobile alert to be actually, accurately, fully or timely
delivered to you for any reason whatsoever, including those caused by a technical error or other problem with
our systems, those of Bitsight (as defined below in section 6), your mobile service provider, a third party company
or issues related to your mobile service account or mobile device.
You acknowledge and agree that when Boxx is accessing and retrieving account information from Bitsight, Boxx is acting as
your agent for the sole and limited purpose of obtaining your monitoring related information to provide Bitsight
monitoring services to you. If you receive alerts on your mobile device or app, you acknowledge and agree that
neither Boxx nor its Service is intended to provide advice. We will not be liable to you or any third party based
on your reliance on or use of any information contained in any alert or due to a failure to send or receive an
If you sign up for Cyberboxx Alert, certain features of the Service may grant certain Policyholders (2-star and up) access
to Cyberboxx Threat Monitoring, which is provided by BitSight Technologies, Inc. (“
Bitsight”). Boxx has identified Bitsight’s services and products as services that may be of interest
to some of our Policyholders. We want you to be aware that we have an agreement with and receive compensation
from Bitsight. In this role we do not act as an agent or fiduciary for you, and we may act on behalf of Bitsight,
as permitted by law.
Only Policyholders can enroll in Cyberboxx Alert. Policyholders will be required to register for Cyberboxx Threat Monitoring
through Cyberboxx Alert and may need to provide permissions to us and/or Bitsight in order to receive messages
or alerts through sms, email, push notifications and in-app communications. To register for Cyberboxx Threat
Monitoring, you must provide us with certain information, including the names, mobile telephone numbers and email
addresses of the users for whom you would like to provide the monitoring services within your organization, and
must also create a username and password. Policyholders enrolled by an Approved Third Party for Cyberboxx Threat
Monitoring will be asked to accept these terms and conditions as well as confirm their agreement to such terms
and conditions on your behalf. We will not be liable to you or any third party based on your reliance on or use
of any services provided to you by Bitsight.
Bitsight may provide other cyber security rating features and alert services to Policyholders who choose to add Cyberboxx
Alert. We make some of them available on or through the Cyberboxx Alert mobile app and the full complement of
services are available by direct access to Bitsight’s portal. Your enrollment in the Cyber Threat Monitoring
service depends upon Bitsight’s ability to locate your organization in their database and records and produce
a Boxx Score for your organization. If a Boxx Score cannot be generated, you will be Invited to enroll in an
alternative Cyberboxx insurance plan. We will notify you of your status if you fall into this circumstance above.
You will also have the option to terminate your Cyberboxx insurance plan (for more details regarding cancellation,
please see Section 10 and 11 of these Terms).
Hackbusters is available under select Cyberboxx insurance plans (3-star and 4-star). Hackbusters provides eligible Policyholders
with cyber security tools and technical support. Hackbusters is provided by Jolera Inc. (“
Jolera”), an I.T. security service provider. Boxx has identified Jolera’s services and products
as goods that may be of interest to some of our Policyholders. We want you to be aware that we have an a agreement
with and receive compensation from Jolera. In this role we do not act as an agent or fiduciary for you, and we
may act on behalf of Jolera as permitted by law.
To sign up for Hackbusters, you must provide Jolera with your network’s access credentials ("
Access Credentials") for your Organization and authorize Jolera to use your Access Credentials to directly
access your network systems. By using Hackbusters, you are expressly authorizing Jolera to access your network
systems. You acknowledge and agree that Jolera makes Hackbusters available to you without access to your network
systems. If any of your account credentials change, you are responsible for providing updated account credentials
to Boxx; if you do not, we will not be able to access your account information to provide alerts or notifications
for any account for which we do not have current and accurate account credentials.
Boxx members that sign up for Hackbusters may be able to receive additional security related tools directly from Jolera.
You acknowledge and agree that Boxx will not be liable to you or any third party based on your reliance on or
use of any services provided to you by Jolera.
Our Cyberboxx Alert mobile app offers functionality that allows members to access a limited view of their Boxx Score and
associated data. Our app also offers "work-bench services," which allow you to receive and acknowledge push alerts,
track and monitor your Boxx Score and associated data. To use the app you must first download it from an app
store and then register with us, by providing your name, email address and other information, and setting a password.
The app contains certain third-party software under license to us, including open source software (collectively,
Third-Party Software"). The Third-Party Software is licensed to you under and subject to the terms of
the applicable Third-Party Software licenses, which can be found here.
In the event that you have downloaded a version of the Service for use on the iOS platform, the additional provisions set
out in this Section apply to your use of such version of the Service. When we say “Apple” in this Section we
mean “Apple Inc.”.
The parties acknowledge that these terms are concluded between the parties only and not with Apple, and us, not Apple, are
solely responsible for the Service and the content thereof. In the event that these terms provide for usage rules
for the Service that are less restrictive than the Usage Rules set forth for the Service in, or otherwise be
in conflict with, the App Store Terms of Service as of the effective date of these terms, such usage rules for
the Service will not be in force to the minimal extent of such inconsistency.
The Service license is limited to a non-transferable license to use the Service on any Apple-branded products that you own
or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such
Service may be accessed and used by other accounts associated with the purchaser via family sharing or volume
The parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect
to the Service.
To the extent any warranty is imposed upon the Service pursuant to any applicable law, in the event of any failure of the
Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price,
if any, for the Service to you; and, to the maximum extent permitted by applicable law, Apple will have no other
warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages,
costs or expenses attributable to any failure to conform to any such warranty will be our sole responsibility.
The parties acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the
Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim
that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under
consumer protection, privacy or similar legislation.
The parties acknowledge that, in the event of any third party claim that the Service or your possession and use of the Service
infringes that third party’s intellectual property rights, you, not Apple, will be solely responsible for the
investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that
has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed
on any U.S. Government list of prohibited or restricted parties.
You must comply with applicable third party terms of agreement when using the Service.
The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these terms in respect
of the Service, and that, upon your acceptance of these terms, Apple will have the right (and will be deemed
to have accepted the right) to enforce these terms in respect of the Service against you as a third party beneficiary
We may provide the opportunity for you to review a copy of your Boxx Score, report and alerts derived from changes to your
cyber risk posture. By enrolling in the Service, you agree that you are providing written instructions and your
consent authorizing Boxx and our service providers, including but not limited to Bitsight and Jolera to analyze
your cyber risk in order to: (i) confirm your cyber risk posture; (ii) display your cyber risk posture data to
you; and (iii) provide your cyber posture data to Boxx so that we may create and deliver to your cyber insurance
coverages and features.
Your use of certain services provided within the Service is contingent upon your payment of fees, as such fees are set out
in the Service and as amended from time to time. Please note that prices and charges associated with this Service
are set out in Canadian dollars.
Payments may be processed on behalf of Boxx by a third party payment processor using their secure site. Upon submitting your
order your information will be sent to the third party payment processor. Personal information that you submit
during the payment process is subject to our Privacy Statement.
You are responsible for and agree to pay promptly, all charges to your account, including applicable taxes on use by you
or anyone you allow to use your account and password to access this Service. You agree and accept responsibility
for keeping all your account information current, including address, payment information, telephone number, and
We reserve the right to verify credit/debit card payments prior to acceptance of your order. We may also reserve the right
to change or amend authorized third parties to assist with payment processing.
You can cancel your Cyberboxx cyber insurance plan at any time, and may be eligible for a refund, as set forth in our refund
terms in our Policy terms and conditions. You are not entitled to terminate and/or cancel the threat monitoring
service provided by Bitsight or Jolera mid-term and are therefore not eligible for a refund in respect of such
services. Please note, in all cases, you are personally responsible for any applicable provincial, federal, or
other taxes that may be associated with your purchase of the services unless noted otherwise and we may collect
all applicable sales taxes.
Boxx reserves the right to change the prices, fees and charges associated with the Service at any time and from time to time
without any notice or any liability to you or any other person. Boxx also reserves the right at any time to reject,
cancel or terminate any transaction.
If you were enrolled in the Service through an approved third party, and you wish to cancel your Cyberboxx cyber insurance
policy, you must notify the Approved Third Party of your intent to cancel. We will terminate the insurance policy
upon notice provided to us by such third party.
If you are enrolled in the Cyberboxx Alert Service and you wish to cancel the service, you must notify Bitsight directly.
You will not be entitled to any refund of fees by Boxx; we shall have no obligation to, and shall not, refund
any fees paid by you to a third party.
If you are enrolled in Hackbusters, and you wish to cancel the service, you must notify Jolera directly. You will not be
entitled to any refund of fees by Boxx; we shall have no obligation to, and shall not, refund any fees paid by
you to a third party.
If you breach any provision of these Terms, then you may no longer use this Service. We, in our sole discretion, shall determine
whether these Terms have been violated. You agree that we may, in our sole discretion, terminate or suspend your
account and access to the Service (including any insurance policy) with or without notice.
Upon termination or suspension of your account, regardless of the reasons therefore, your right to use this Service immediately
ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access to such files or this Service. We shall not
be liable to you or any third party for any claims or damages arising out of any termination or suspension or
any other actions taken by us in connection with such termination or suspension.
Unless cancelled and/or terminated, the services shall automatically continue indefinitely, and you shall pay the applicable
then-current prices as published by us.
Any personal information which Boxx collects via this Service is subject to the Privacy Statement available at http://www.boxxinsurance.com.
When you interact with this Service, you agree that information about you and your use of this Service, including but not
limited to, the type of device, your mobile carrier, your internet access provider, your physical location, and/or
web pages containing plugins that load in your browser may be communicated to us.
Postings” refer to the text, images, comments, or other information posted by an Organizer and/or
shared by a User through this Service including, but not limited to, Event postings, User feedback and User and
Certain links on this Service or in Postings made or shared through this Service may take you to other websites that are
not owned or operated by Boxx. For example, links to the Bitsight portal. Boxx provides these links only as a
convenience. Boxx is not responsible for the content of any such linked websites. Boxx makes no representation
or warranty regarding, and does not endorse, such linked websites, the information or other content appearing
thereon or any of the products or services available on or through such websites. If you decide to visit any
linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard
against viruses and other destructive elements. We welcome you to link to this Service. However, you agree that
if you link to this Service your website shall not (a) alter the visual presentation of this Service; (b) imply
that Boxx is endorsing you or any other person, or your or such other person’s products or services; (c) imply
an affiliation between you or any other person, or your or such other person’s products or services, and Boxx
without the prior written consent of Boxx; (d) misrepresent the relationship of you or any other person with
Boxx or present false, misleading or otherwise damaging information or impressions about Boxx or any of its products
or services; (e) contain materials that may be illegal or interpreted as distasteful, harmful, offensive, or
inaccurate; or (f) in any other way, negatively affect the reputation of Boxx Representatives (as defined below
in section 19).
You acknowledge and agree that in no event will Boxx provide any form of remuneration for any links you may make to this
This Service is protected by Canadian copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction
or modification of this Service (including any element of the Content) by any person may be a violation of trade-mark
and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws
worldwide in your use of this Service and to prevent any unauthorized copying, redistribution, reproduction or
modification of this Service or any of the Content.
Certain names, graphics, logos, icons, designs, words, titles and phrases on this Service, including without limitation “Boxx”
constitute trade-marks, trade names, trade dress and associated products and services of Boxx or its affiliates
Marks”) ”) or constitute trade-marks, trade names, trade dress and associated products and services
of Boxx service providers or other third parties (the “
Third Party Marks”)and are protected in Canada and internationally and their display on this Service
does not convey or create any license or other rights in the Marks or the Third Party Marks. Any use of the Marks
or the Third Party Marks, in whole or in part, without prior written authorization of Boxx or such third party,
as applicable, is strictly prohibited.
We retain all right, title and interest (including all copyright, trademark, patent, trade secrets and all other intellectual
property rights) in the Service (including any data) as well as our Marks, and URLs, that are displayed in connection
with the Service. Your use of the Service is subject to the license grant set out in Section 2 of these Terms
and you do not acquire any other rights to use the Service except as set out therein.
Any non-identifiable information gathered by us through your use of this Service may be used by us for our own marketing,
promotional and product development purposes and more specifically may be stored in a database and used by us
to identify, customize and personalize user access, and assess utilization of this Service. Such information
may be shared with our affiliates, suppliers, licensors, partners and clients in furtherance of the forgoing
Subject to any applicable law and the requirements of our Privacy Statement:
We are not obliged to monitor, screen, police or edit your use of this Service, including any Postings or other content you
or others may contribute to this Service, although we may choose to do so in our sole discretion. We will respond
as we consider appropriate, in our sole discretion, if we become aware of any inappropriate uses of this Service,
including without limitation use that constitutes copyright infringement.
By using the Service, you represent and warrant that (i) you are not located in a country that is subject to a Canadian Government
embargo, or that has been designated by the Canadian Government as a “terrorist supporting” country; (ii) you
are not listed on any Canadian Government list of prohibited or restricted parties; (iii) that you are a Canadian
based organization; and (iv) that you shall only use the Service in connection with the Organization and listed
subsidiaries that are directly associated with the company listed on your Cyberboxx insurance plan.
We make no representation or warranty and there are no conditions of any kind regarding this Service, the Content or the
Postings, including without limitation any representation, warranty or condition regarding the accuracy, reliability,
currency, or completeness of the Content or the Postings, including that they are appropriate or available for
use at any locations outside Canada. Accessing the Service, the Content or the Postings from locations where
the Service, the Content or the Postings is illegal is prohibited. Any diversion of the services and/or any Content
or Postings obtained from or through the services contrary to Canadian law is also prohibited. If you access
this Service from locations other than Canada, then you do so on your own initiative and you are solely responsible
for compliance with all applicable laws.
You acknowledge and agree that this Service (including without limitation the Content and the Postings) is provided on an
“AS IS” basis and that any use of or reliance on this Service shall be at your sole risk. We do not screen or
censor the Postings.
BOXX AND ITS AFFILIATES DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS,
EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABLE QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THOSE ARISING
OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE WITH RESPECT TO THIS SERVICE (INCLUDING THE
CONTENT OR POSTINGS). FOR GREATER CERTAINTY, BOXX DOES NOT WARRANT THAT THIS SERVICE WILL (i) MEET YOUR REQUIREMENTS,
(ii) BE COMPATIBLE WITH YOUR COMPUTER OR MOBILE DEVICE OR ANY RELATED EQUIPMENT, (iii) BE RELIABLE, ACCURATE,
AUTHENTIC, CURRENT OR COMPLETE, (iv) CONTINUE TO OPERATE, (v) OPERATE WITHOUT INTERRUPTIONS, OR (vi) BE ERROR-FREE.
BOXX DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
EXCEPT AS OTHERWISE STATED IN THE CYBERBOXX INSURANCE POLICY TERMS AND CONDITIONS WHICH APPLIES SOLELY TO POLICYHOLDERS ENROLLED
IN SUCH INSURANCE PLAN, YOU AGREE THAT IN NO EVENT WILL BOXX AND ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS OR OTHER REPRESENTATIVES (COLLECTIVELY “BOXX REPRESENTATIVES”)
HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS SERVICE, THE CONTENT AND THE POSTINGS FOR ANY LOSSES
OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM),
TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE BASIS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT,
SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES
FOR HARM TO BUSINESS, LOSS OF INFORMATION OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS OR REVENUE, LOSS OF GOODWILL
OR OTHER ECONOMIC LOSS), ARISING FROM OR IN CONNECTION WITH OR RELATING TO THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE,
DELAY OR LOSS OF USE OF OR ACCESS TO, THIS SERVICE, THE CONTENT OR THE POSTINGS OR ANY CONTENT OF ANY LINKED
WEB SITE, OR FAILURE OF SUCH WEB SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS
OR INACCURACIES IN SUCH WEB SITES, CONTENT OR POSTINGS, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION
TO OR FROM SUCH WEB SITES), EVEN IF WE OR ANY BOXX REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.
YOU ACKNOWLEDGE THAT BOXX ACTS AS TRUSTEE FOR THE BOXX REPRESENTATIVES WITH RESPECT TO ALL RIGHTS CONTEMPLATED HEREUNDER
ARISING IN FAVOUR OF A BOXX REPRESENTATIVE. BOXX AGREES TO ACCEPT SUCH TRUST AND HOLD AND ENFORCE SUCH RIGHTS
ON BEHALF OF EACH BOXX REPRESENTATIVE.
WITHOUT LIMITING THE FOREGOING LIMITATION OF LIABILITY, IN THE EVENT WE ARE FOUND LIABLE FOR DAMAGES TO YOU IN A COMPETENT
LEGAL PROCEEDING OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS IS LIMITED TO
THE LESSER OF (A) ONE THOUSAND CANADIAN DOLLARS (C$1,000) OR (B) THE AMOUNTS PAID BY YOU TO US FOR THE SERVICES
THAT ARE THE BASIS OF THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM.
You will indemnify and hold the Boxx Representatives harmless from and against any claim or demand (including without limitation
reasonable legal fees) brought by third parties arising out of your use of the Service, and any breach of these
Terms by you, including any use of the Content other than as expressly authorized in these Terms. You agree that
the Boxx Representatives will have no liability in connection with any such breach or unauthorized use or modification,
and agree to indemnify against any and all resulting loss, damages, judgments, awards, costs, expenses, and lawyers’
fees of the Boxx Representatives in connection therewith.
We control and operate Services from our headquarters in Canada and the Content and features may not be appropriate or available
for use in other locations. As such you agree that all matters relating to the access to, or use of, this Service
shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without
reference to its conflict of laws principles, and that you will comply with all such applicable laws. Any dispute
between us and you or any other person arising from, in connection with or relating to this Service, these Terms,
any transaction through this Service or any related matters must be resolved before the Courts of the Province
of Ontario, Canada, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of those Courts
in respect of any such dispute.
These Terms constitute the entire agreement between us and you with respect to the subject matter hereof, and supersede all
communications, representations or agreements, either oral or written, between us or our affiliates and you with
respect to this subject matter. Notwithstanding the foregoing, if you and Boxx agree to a written agreement and
such agreement expressly overrides these Terms, the provisions of such agreement will prevail. You may not assign
these Terms, nor any rights and obligations under these Terms, by operation of law or otherwise, in whole or
in part, without our express prior written. consent, which may be withheld in our sole discretion. Any purported
assignment without such consent shall be void. We may assign these Terms and our respective rights and obligations
under these Terms without your consent.
No waiver of or consent to depart from the requirements of any provision of these Terms will be binding unless it is in writing,
signed by Boxx, and any such waiver shall not operate as a waiver of any future breach of these Terms. If for
any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof to be unenforceable,
that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms,
and the remainder of these Terms shall continue in full force and effect. Your use of the services shall at all
times comply with all applicable laws, rules, and regulations. Our failure to enforce any of these Terms are
not a waiver of such Terms. The proprietary rights, disclaimer of warranties, representations made by you, indemnities,
limitations of liability and general provisions shall survive any termination of these Terms. You and Boxx are
independent contractors, and no agency, partnership, joint venture, employment or franchise relationship is intended
or created by these Terms.
These Terms are solely and exclusively between you and Boxx and you acknowledge and agree that (i) no third party, including
a third-party partner of Boxx is a party to these Terms, and (ii) no third party, including any third-party partner
of Boxx has any obligations or duties to you under these Terms.
The provisions of these Terms will enure to the benefit of and be binding upon you and Boxx and its respective successors
and assigns, and, if you are contracting as an individual, your heirs, executors, administrators and personal
All notices to us shall be in writing and shall be made via email. Notices to us must be sent to the attention of our customer
service representatives at 416-583-3721 Notices to you may be sent, in our sole discretion, to the address or
email address supplied by you as part of your membership. In addition, we may broadcast notices or messages through
this Service to inform you of changes to this Service or other matters of importance, and such broadcasts shall
constitute notice to you at the time of sending.
The parties have required that this agreement and all documents relating thereto be drawn up in English. Les parties ont
demandé que cette convention ainsi que tous les documents qui s’y attachent soient rédigés en langue anglaise.