Terms and Conditions
Acceptance of the Terms and Conditions
These terms and conditions (these “Terms and Conditions”) for the “Body Peace Collaborative” online platform (the “Platform”), constitute a legal agreement and are entered into by and between you and Body Brave Inc. ("Company," "we," "us," "our").
These Terms and Conditions govern your access to and use, including any content, functionality, and services offered on or through the Platform.
No Medical Advice
While our hope is to assist you in improving your well-being, we aren’t perfect (nobody is) and neither is the Platform. We sincerely hope that the Platform can bring you some kind of benefit, but it is important to remember that the Platform and any content you encounter while using it should not be considered a substitute for medical advice, treatments or therapy of any kind – always consult a medical professional or therapist if you’re not feeling well.
We are not a healthcare or medical device provider and the Platform is not intended to diagnose, treat, cure, or prevent any disease, disorder or injury. Additionally, any content on the Platform or any notification you receive by or through the Platform should not be construed in any circumstance as constituting medical advice or relied upon in lieu of medical advice or treatment. In all cases, you should go to a hospital, summon an ambulance, speak to a therapist or seek any other medical treatment necessary in the circumstances to address any of your physical or mental healthcare needs. Do not, in any event or in any way, rely on the Platform for your physical or mental wellbeing or your personal safety, and by using the Platform you agree that you will not do so. If you rely on the Platform or any notification you receive from or through the Platform for any reason, medical or otherwise, you do so entirely at your own risk.
We make no claims, representations or guarantees that the Platform or any content on the Platform will provide a therapeutic benefit of any kind or that any reminders, notifications or messages sent using the Platform will be sent or received on time or at all. Any health information and links on the Platform, whether provided by us or by contract from outside providers, is provided simply for your convenience, and we make no representation as to the accuracy, completeness or suitability of any of the foregoing. Neither we, nor our parent corporation(s), affiliates, officers, directors, shareholders, members, employees, suppliers and / or subcontractors will be held responsible for your use of the Platform or any reliance you place on any content from the Platform.
Terms and Conditions
These Terms and Conditions (and any modifications to them) represent the entire agreement between you and us with respect to the Platform and is different than and completely separate from your agreement with your telephone, wireless or internet service providers and from any and all agreements that we may have with our service providers to which you are not a party.
We may change, add to or delete any portion of these Terms and Conditions in our discretion at any time and from time to time.
Any amendments will be effective when posted on the Platform and your continued use of the Platform after amendments are posted will be considered acceptance of any amendment. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these. The information and material on the Platform may be changed, withdrawn, disabled or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platform is restricted to users or unavailable at any time or for any period.
The Platform is an online space where individuals enrolled in our social groups, programs or workshops can access, download and print materials from the comfort of their homes and is part of our overall mission to help support people as they recover from disordered eating and eating disorders, by providing the best in community support as well as breaking down systemic barriers to recovery. Despite any features that may be available to you on the Platform at the time you initially use the Platform, we reserve the right to remove, alter and supplement the Platform’s features from time to time without notice or liability of any kind.
Registration & Use of the Platform
While many aspects of the Platform can be used free of charge, certain features available on the Platform require you to purchase access. You may also receive an access code from your treatment provider or other medical service provider. You must create an account in order to access the Platform in all cases.
By submitting any information in order to obtain purchased access for the Platform, you warrant that the information provided by you for billing purposes is correct, accurate, current and complete. If any information you provide is in breach of the foregoing warranty, or if we have reasonable grounds to believe that it is, we may terminate or suspend your current or future use of the Platform.
The transmission of information via the Internet is not completely secure. Although we try to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, if applicable, must be treated as confidential, and you must not disclose it to any other person or entity. You understand and agree that should you be provided an access code, your access code is personal to you and you agree not to provide any other person with access to the Platform or portions of it using your access code or username, password, or other security information, as applicable. You agree to notify us immediately of any unauthorized access to or use of your access code or username, password, or other security information, as applicable, or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
Intellectual Property Rights and Ownership
You understand and agree that the Platform and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
The Company name, any Company trademarks or logos and all related names, logos, product and service names, designs, images and slogans are trademarks of the Company or its affiliates or licensors. You shall not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on this Platform are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You may only use the Platform for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, reverse engineer, decompile or transmit any of the material on our Platform, in any form or medium whatsoever except that your computer or mobile phone and browser may temporarily store or cache copies of materials being accessed and viewed.
You are not permitted to modify copies of any materials from this Platform nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform. You shall not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.
If you print off, copy or download any part of the Platform in breach of these Terms and Conditions, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Platform or to any content on the Platform, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
Conditions of Use and User Submissions
As a condition of your access and use, you agree that you may use the Platform only for lawful purposes and in accordance with these Terms and Conditions.
The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, "submit") to the Platform, to other users or other persons (collectively, "User Submissions"). Any and all User Submissions must comply with (i) the Company’s community guidelines and any other guidelines relating to User Submissions as they may be posted on the Platform and amended or modified from time to time, and (ii) all applicable federal, provincial, local, and international laws, regulations and terms of service.
Without limiting the foregoing, you warrant and agree that your use of the Platform and any User
Submissions shall not:
- Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Company's sole discretion.
- Involve stalking, attempting to exploit or harm (including emotionally harm) any individual in any way whether by exposing them to inappropriate content or otherwise or ask for personal information whether or not prohibited under applicable laws, regulations or code.
- Involve, provide or contribute any false, inaccurate or misleading information.
- Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
- Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
- Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform or expose them to liability.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
By submitting User Submissions in any form, you automatically grant to the Company, and you represent and warrant that you have the right to grant, a worldwide, exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to do with the User Submissions anything that you could do, including, without restricting the generality of the foregoing, use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and commercialize any such User Submissions throughout the world in any media, now known or later developed, in any way and for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, whether in tort, contract or any other theory of law, equity or civil law, and free from any obligation of confidence, and you waive any and all moral rights in the User Submissions.
Without restricting the generality of the foregoing in any way, by using the Platform you further agree that you will not attempt to circumvent or violate the security of the Platform in any way, including, without limitation, by:
accessing content and data that is not intended for you;
attempting to breach or breaching the security and/or authentication measures of the Platform;
restricting, disrupting or disabling service to users, hosts, servers or networks;
illicitly reproducing TCP/IP packet header;
disrupting network services and otherwise disrupting our ability to monitor the Platform;
using any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
attacking the Platform via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; or
otherwise attempting to interfere with the proper working of the Platform.
Monitoring the Platform
You acknowledge that we have no obligation to monitor the messages sent through the Platform. However, you agree that we have the right to monitor the messages from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Platform properly, or to protect ourselves or our users.
Indemnity and Liability
You agree to indemnify and hold us, our parent companies, affiliates, and their respective successors, officers, employees, directors, shareholders, contractors, advisors, suppliers, licensors, licensees or other representatives (collectively, the “Representatives”) harmless from and against any and all claims, demands, actions, losses, damages, fines, penalties, costs (including legal costs) and other liabilities of any kind whatsoever, incurred by the Representatives, directly or indirectly, as a result of or in connection with your use of the Platform.
You acknowledge and agree that we provide the Platform and access to the platform on an “as is” and an “as available” basis, that your use of the Platform is at your own risk, and that we make no representations, warranties or covenants whatsoever with respect thereto.
The Platform is an aid which relies on telephone, wireless notifications, or internet transmissions that can be intermittently blocked, interrupted, disrupted or corrupted. As a result, there may be and we will not be liable for any delays, omissions, inaccuracies and/or failures to deliver the notification transmissions or any content and you should not rely on the Platform for any reason. For greater certainty, we do not guarantee that the Platform will be available, run error-free or uninterrupted, that we will correct any errors or deficiencies related thereto or that any messages sent by you will arrive at their intended destination on time.
WE, OUR REPRESENTATIVES, OUR SUPPLIERS, AND SUBCONTRACTORS SPECIFICALLY DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS, WARRANTIES AND COVENANTS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PLATFORM INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, SCALABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS REPRESENTATIVES BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE PLATFORM, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
IF WE SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY CLAIM, OUR MAXIMUM CUMULATIVE LIABILITY WILL IN NO EVENT EXCEED THE AGGREGATE OF CAD$100.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITS OF LIABILITY SPECIFIED IN THESE TERMS AND CONDITIONS WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THESE TERMS AND CONDITIONS. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
We reserve the right to disable or terminate your access to the Platform or any portion of it, including your account, any username, password, or other identifier, as applicable, whether chosen by you or provided by us, and to delete or destroy any data you may have stored on the platform, at our sole discretion for any reason whatsoever, without liability, immediately upon notification being sent to you by any means we deem most expedient. We reserve the right to disable, terminate or alter the functionality of the Platform at any time in our sole discretion.
- These Terms and Conditions supersede any other contemporaneous or prior promises, representations, descriptions or communications regarding the Platform.
- These Terms and Conditions may only be modified by the Company.
- Our failure to enforce any provision of these Terms and Conditions shall not be construed as a waiver of such provision.
- These Terms and Conditions shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein without regard to any conflict of law provisions.
- Any action or proceeding arising out of or relating to Platform and under these Terms and Conditions will be instituted in the courts of the province of Ontario including the Federal Court of Canada to the extent the same has jurisdiction, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
- All content of these Terms and Conditions under the headings “Intellectual Property Rights and Ownership”, “Conditions of Use and User Submissions”, “Privacy”, “Indemnity and Liability” and “Termination” or which by its very nature ought to survive termination shall survive termination of these Terms and Conditions.
- If any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
- These Terms and Conditions shall bind and enure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and assigns. You may not assign your rights or obligations hereunder without our prior written consent. We may assign our rights or obligations hereunder without your consent.