Please read these terms and conditions of use as set out below (the “Terms”) carefully before using the [boxxinsurance.com/usa] website (the “Site”), one of the Cyberboxx membership programs such as Digital Health Tracker which includes “BOXX Mobile” 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. (“BOXX”, “we”, “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/usa. (the “Privacy Statement”).
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.
2. Limited Licenses
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:
modify, reverse engineer, decompile, create derivative works from, or disassemble this Service for any reason whatsoever, including for the purpose of creating competitive products or services;
resell any Content or include any Content in or with any product that you create or distribute;
copy any Content onto your own or any other website or into a database or mobile application;
use this Service in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Service or any other services, system resources, accounts, servers, networks, affiliated or linked sites connected to or accessible through this Service (including without limitation uploading, posting or otherwise transmitting on this Service any computer viruses, trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on the infrastructure of this Service);
use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Service or the Content in whole or in part;
use this Service in any manner that may dilute or depreciate our name or reputation, our Marks (as defined below in Section 14) or that of our affiliates or associates; or
interfere with any other persons’ use and enjoyment of this Service or of the Internet generally.
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.
3. Membership and Accounts
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 User include:
You must provide complete and accurate information to us and must notify us if your information changes. Submission of such enrollment information does not guarantee that you will be granted access to use the Service. Any personal information which we collect via the Service is subject to our Privacy Statement. You hereby acknowledge that the collection, use and disclosure of your personal information pursuant to the Privacy Statement is for reasonable and appropriate purposes, and is with your knowledge and consent.
You may not share your User name or password with any other person. You are responsible for all activity occurring under your User account, and shall abide by all applicable local, provincial, state, national and foreign laws, treaties and regulations in connection with use of the Service, including those related to data privacy, international communications and the transmission of technical or personal information. You shall: (A) notify us immediately of any unauthorized use of any password or User account or any other known or suspected breach of security; and (B) not impersonate another person or provide false identity information to gain access to or use the Service. Without limitation, we may immediately remove or suspend any User account that falls, or is suspected of falling, under the scope of the foregoing paragraphs (A) or (B).
If you become aware of an unauthorized access to your account, you must change your password and notify us immediately. You agree to notify us promptly of any unauthorized use of your password and you will remain liable for any use of this Service to the extent permitted by law.
You must not use this Service in any manner that is reckless and unlawful (including by accessing this Service from any location where such access may be illegal or prohibited), unethical, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others (this includes the posting of any materials that depict, encourage, indicate, advocate or tend to incite any such conduct), or is otherwise objectionable or which does not respect the legal rights and interests of others. You may become a member of the Service by enrolling in one or more of the following ways:
i. Cyberboxx Cyber Insurance
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, the “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, “Enterprise Controls”).
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 activated.
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.
4. License Grant to BOXX and our Service Providers
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.
5. Digital Health Tracker with BOXX Mobile
As a Policyholder, you elect to enroll in the Digital Health Tracker service 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 BOXX Mobile 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 SecurityScorecard (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 SecurityScorecard, BOXX is acting as your agent for the sole and limited purpose of obtaining your monitoring related information to provide SecurityScorecard 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 alert.
6. Cyberboxx Threat Monitoring and SecurityScorecard, Inc.
If you sign up for the Digital Health Tracker, certain features of the Service may grant certain Policyholders access to Cyberboxx Threat Monitoring, which is provided by SecurityScorecard, Inc. (“SecurityScorecard”). BOXX has identified SecurityScorecard’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 SecurityScorecard. In this role we do not act as an agent or fiduciary for you, and we may act on behalf of SecurityScorecard, as permitted by law.
Only users of the BOXX Digital Health Tracker have access to Cyber Threat Monitoring. Policyholders will be required to provide permissions to us and/or SecurityScorecard 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 SecurityScorecard.
SecurityScorecard may provide other cyber security rating features and alert services to Policyholders who choose to add Cyberboxx Threat Monitoring. We make some of them available on or through the Digital Health Tracker mobile app and the full complement of services are available by direct access to SecurityScorecard’s portal. Your enrollment in the Cyberboxx Threat Monitoring service depends upon SecurityScorecard’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).
7. Hackbusters Managed Security Services
Hackbusters Managed Security Services are available under select Cyberboxx insurance plans (3-star and 4-star or other plans as they are made available). Hackbuster Managed Services provide eligible Policyholders with cyber security tools and technical support. The Hackbuster Managed Services are 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 managed services 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.
8. Mobile App Terms and Conditions
Our Digital Health Tracker 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, the “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 purchasing.
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 thereof.
9. Cyber Risk Reports, BOXX Score
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 SecurityScorecard 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.
10. Payment Refunds and Cancellation
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 email address.
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 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.
ii. Cyberboxx Cyber Insurance Enrolment by an Approved Third Party
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.
iii. Cyberboxx Threat Monitoring Cancellation
If you are enrolled in the Cyberboxx Threat Monitoring Service and you wish to cancel the service, you must notify SecurityScorecard 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.
iiii. Hackbusters Managed Security Services Cancellation
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.
11. Term and Termination
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.
12. Privacy Statement
Any personal information which BOXX collects via this Service is subject to the Privacy Statement available here.
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.
13. Linked Services
“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 Organizer profiles.
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 SecurityScorecard 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 Service.
14. Ownership of Intellectual Property Rights
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 (the “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.
15. User Communications
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 purposes.
16. User Submissions (solicited and unsolicited)
Subject to any applicable law and the requirements of our Privacy Statement:
We do not wish to obtain unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products, goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. Accordingly, please do not send any unsolicited ideas, suggestions or other materials (“Submissions”) to us.
Any communications sent by you to us via this Service or otherwise, including Submissions, whether solicited by us or otherwise, are on a non-confidential basis (other than personal information which is covered under our Privacy Statement), and we are free to use and disclose the content of any such communication, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including without limitation copyright, trade-mark, patent, trade secret, unfair competition, moral rights, or implied contract) and you hereby waive such moral rights in favor of BOXX and its affiliates, licensees, successors and assignees. You also acknowledge that you have no right to receive any financial or other consideration in connection with such communication.
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.
17. Your Representations
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.
18. Disclaimer of Warranties
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.
19. Limitation of Liability
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.
21. Choice of laws
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 ensure 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 representatives.
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.