Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THIS WEBSITE OR SERVICE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF SERVICE (“TERMS”). IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THE SERVICE, WEBSITE OR ANY CONTENT OR SERVICES. THESE TERMS OF SERVICE MAY BE AMENDED OR UPDATED BY BETWEEN FROM TIME TO TIME WITHOUT NOTICE. THE TERMS OF SERVICE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE, AND IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF SERVICE FOR ANY CHANGES. YOUR USE OF THE SERVICE, WEBSITE, OR SERVICES AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF SERVICE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS.
IN ORDER TO USE THE WEBSITE, SERVICE AND SERVICES (DEFINED BELOW), YOU MUST REGISTER FOR THE SERVICES AND PROVIDE CERTAIN PERSONAL INFORMATION. FOR INFORMATION ON HOW WE USE YOUR PERSONAL INFORMATION, PLEASE SEE OUR PRIVACY POLICY, THE TERMS OF WHICH FORM AN INTEGRAL PART OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THE PRIVACY POLICY DO NOT USE THE BETWEEN WEBSITE OR SERVICES
1. SERVICES
1.2 Users. The Services are available to end-user employees or contractors (“Employees”) (i) whose employer or organization (“Organization”) has entered into a Master Services Agreement with Between; or (ii) who have signed up for the Services individually without an Organization. Between may also make some aspects of the service and Services available for free. By using the Services in any manner as an Employee, you represent and warrant to Between that you are permitted to do so by your Organization and not in breach of any Organization policy.
1.3 Third-Party Services. Your use of any third-party software, tools or integrations with the Services, including but not limited to Google or Slack will require you to agree to the terms of service and privacy policy of any such third-party.
2. CREDENTIALS
3. USER CONTENT
4. USER RESPONSIBILITIES AND RESTRICTIONS
• Use the Service other than as permitted by this Agreement;
• Share your login information with any individual;
• Use the Service to send, store, publish, post, upload or otherwise transmit any information in violation of any laws, rules or regulations including those relating to and privacy, or in violation of any of Your warranties, representations or obligations under this Agreement;
• License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party;
• Use the Service to upload, collect, transmit, store, use or process any patient information or other data: (i) that You do not have the lawful right to copy, transmit, distribute, and display (ii) for which You do not have the consent or permission from the owner of any personal health information and/or any other personal information contained therein; (iii) that is tortious, defamatory, obscene, or offensive; or (iv) that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability;
• Use the Service to send, store, publish, post, upload or otherwise transmit any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another;
• Continue to use the Service in a manner that interferes with or disrupts the integrity or performance of the Service following notice from Between of such use;
• Attempt to gain unauthorized access to the Service or its related systems or networks;
• Use or knowingly permit the use of any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the Service;
• Use any data mining, robots or similar data gathering or extraction methods;
• Access the Service for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Service; or
• Copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Service or any part thereof or otherwise attempt to discover any source code or modify the Service, except as expressly provided for in this Agreement.
Between reserves, the right to terminate, limit or suspend User access to the Service for any User breach of these restrictions or any other violation of any other term of this Agreement.
5. LICENSE TO USER CONTENT
5.2 Feedback. If You provide Between with any suggestions, comments or other feedback (“Feedback”) relating to the website, Between may use such Feedback in the website or in any other Between products or services (collectively, “Between Offerings”). Accordingly, You agree that: (a) Between is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Between, (c) Between (including all of its successors and assigns and any successors and assigns of any of the Between Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Between Offerings, and (d) You are not entitled to receive any compensation or reimbursement of any kind from Between or any of the other users of the Website or Service.
5.3 Data. As between you and Between, you exclusively own all rights, titles and interest in and to all of your data and User Content. Between shall only access your Account, including Your Data, to respond to service or technical problems or as necessary for the operation of the Service or billing. You hereby grant Between and its affiliates a non-exclusive, irrevocable, perpetual, sub-licensable, transferable license to use, copy and otherwise exploit your data and User Content as reasonably required to provide the Services. The foregoing license shall include the right for Between to use, copy and otherwise exploit your data and User Content for the purpose of creating Anonymous Service Data. Between shall own all right, title and interest in and to the Anonymous Service Data, including all intellectual property rights in the Anonymous Service Data, and you hereby assign, transfer and convey to Between any ownership interest you may have in any Anonymous Service Data. In addition, you agree that your Organization will have access to all User Content and your data in accordance with our Privacy Policy and the privacy practices of your Organization.
6. INTELLECTUAL PROPERTY; BETWEEN LICENSE
6.2 Evaluation License Grant. If You register for a free trial of the Service, then, subject to these Terms, Between grants You a limited, personal, non-transferable, non-sub-licensable, internal license to use the Service for non-production, evaluation purposes during the applicable Trial Period. For the purposes of these Terms, “Trial Period” means the time starting from Your registration to use a free trial of the Service until the earlier of (i) the end of the free trial period for which You registered (which trial period shall be thirty (30) days unless otherwise stated on the registration page for the free trial version of the Service), or (ii) the start date of any paid subscription for the Service ordered by You. You will not be entitled to receive any support from Between for Your use of a free, trial subscription for the Service. Between may terminate the Trial Period for any free trial of the Service at any time in Between’s sole discretion and may accept or decline any request for a free trial version of the Service in Between’s sole discretion. ANY DATA YOU ENTER INTO THE FREE TRIAL VERSION OF THE SERVICE AND ANY CUSTOMIZATIONS YOU MAKE TO THE FREE TRIAL VERSION OF THE SERVICE WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A PAID SUBSCRIPTION TO THE SERVICE. YOUR DATA CANNOT BE EXPORTED FROM THE FREE TRIAL VERSION OF THE SERVICE. NOTWITHSTANDING ANY OTHER PROVISIONS IN THESE TERMS, ACCESS TO THE FREE TRIAL VERSION OF THE SERVICE IS ON AN “AS-IS” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND. Additional terms and conditions applicable to the free trial version of the Service may appear on the applicable registration page. Any such additional terms and conditions are incorporated into these Terms by reference.
7. TERM; TERMINATION
7.2 Termination by Between. Between retains the right to terminate this Agreement and/or your ability to access the Service and Services at any time without notice to You if any of the following occur: (i) material breaches or violations of these TERMS OF SERVICE; (ii) request by law enforcement or other government agencies; (iii) discontinuance or material modification to the Website and/or Service and Services (or any part thereof); (iv) unexpected technical, security or legal issues or problems, and/or participation by You, directly or indirectly, in fraudulent or illegal activities (including, but not limited to falsification of your credentials).
7.3 Employee Departure. If an Employee User ceases to work for the Organization, the Employee User’s access to the Service and Services shall be terminated immediately.
7.4 Effect of Termination. In the event of Termination by either Party, Between reserves the right to delete any information in the User Account that it is not required by law to retain.
8. IMPORTANT DISCLAIMERS
8.2 Internet Security Disclaimer. You understand that the transmission of User Content is necessary to use the Services. Therefore, You expressly consent to Between’s storage of User Content, which will involve transmission over the Internet, and over various networks, only part of which may be owned and/or operated by Between. Between is committed to protecting your privacy and we have safeguards in place that comply with Federal and Provincial laws, rules and regulations relative to storing personal information; however, You acknowledge and understand that User Content may be accessed by unauthorized persons when communicated across the Internet, network communications facilities, or other electronic means. Between is not responsible for any User Content which is delayed, lost, altered, intercepted or stored during the transmission of any data whatsoever across public networks not owned or operated by Between, including, the Internet and your local network. You agree that Between is not in any way responsible for any interference with Your use of or access to the Services or security breaches arising from or attributable to the Internet and You waive any and all claims against Between in connection therewith.
8.3 DISCLAIMER OF ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, Between DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Between SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. Between DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND Between SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
9. LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Between’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL OF ANY AMOUNTS PAID BY YOU TO Between IN THE TWO MONTHS PRECEDING THE DATE THAT THE CLAIM WAS FIRST MADE AGAINST Between (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE ServiceLICABLE JURISDICTION.
10. INDEMNIFICATION
11. THIRD PARTY CONTENT
12. GENERAL
12.1 Enforcement of Terms and Conditions. If any part of these TERMS OF SERVICE is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of Between to exercise or enforce any right or provision under these TERMS OF SERVICE shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Between must be in writing and shall only apply to the specific instance identified in such writing. No waiver by Between of any provision of these TERMS OF SERVICE shall be deemed to be a further or continuing waiver of such provision or any other provision. You agree that any cause of action that You may have arising out of or related to this website or Your use of this website must commence within one (1) year after the cause of action accrues, otherwise, such cause of action shall be permanently barred.
12.2 Assignment. You may not assign the TERMS OF SERVICE, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Between’ prior written consent. Between may assign the TERMS OF SERVICE, or any rights or licenses granted hereunder, at any time without notice.
12.3 Survival. In addition to Sections 5, 6, 7, 8, 9, 10, 12.1, 12.3, 12.4, and 12.5 all representations, warranties and conditions made by You in these TERMS OF SERVICE shall survive the termination of these TERMS OF SERVICE. Unless otherwise explicitly identified as terminating elsewhere in these TERMS OF SERVICE, all licenses granted by You in these TERMS OF SERVICE shall survive their termination. All payment obligations incurred by You prior to the termination of these TERMS OF SERVICE shall survive their termination.
12.4 Entire Agreement. These TERMS OF SERVICE, together with any privacy policy that may be published on the website, constitute the entire agreement between the parties relating to the website and all related activities. These TERMS OF SERVICE shall not be modified except in writing signed by both parties or by a new posting of these TERMS OF SERVICE issued by Between.
12.5 Choice of Law. This Agreement and any action related thereto shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law principles. The Parties hereby irrevocably attorn to the exclusive personal jurisdiction and venue of the courts sitting in Ottawa, Ontario.
12.6 English Language. It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais
12.7 Contact. If you have any questions about these TERMS OF SERVICE or if you wish to make any complaint or claim with respect to the Website, service or Services please contact us at info@btwn.com.
These terms and conditions are effective as of 2022-02-16.
Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at info@btwn.com.
Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THIS WEBSITE OR SERVICE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF SERVICE (“TERMS”). IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THE SERVICE, WEBSITE OR ANY CONTENT OR SERVICES. THESE TERMS OF SERVICE MAY BE AMENDED OR UPDATED BY BETWEEN FROM TIME TO TIME WITHOUT NOTICE. THE TERMS OF SERVICE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE, AND IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF SERVICE FOR ANY CHANGES. YOUR USE OF THE SERVICE, WEBSITE, OR SERVICES AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF SERVICE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS.
IN ORDER TO USE THE WEBSITE, SERVICE AND SERVICES (DEFINED BELOW), YOU MUST REGISTER FOR THE SERVICES AND PROVIDE CERTAIN PERSONAL INFORMATION. FOR INFORMATION ON HOW WE USE YOUR PERSONAL INFORMATION, PLEASE SEE OUR PRIVACY POLICY, THE TERMS OF WHICH FORM AN INTEGRAL PART OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THE PRIVACY POLICY DO NOT USE THE BETWEEN WEBSITE OR SERVICES
1. SERVICES
1.2 Users. The Services are available to end-user employees or contractors (“Employees”) (i) whose employer or organization (“Organization”) has entered into a Master Services Agreement with Between; or (ii) who have signed up for the Services individually without an Organization. Between may also make some aspects of the service and Services available for free. By using the Services in any manner as an Employee, you represent and warrant to Between that you are permitted to do so by your Organization and not in breach of any Organization policy.
1.3 Third-Party Services. Your use of any third-party software, tools or integrations with the Services, including but not limited to Google or Slack will require you to agree to the terms of service and privacy policy of any such third-party.
2. CREDENTIALS
3. USER CONTENT
4. USER RESPONSIBILITIES AND RESTRICTIONS
• Use the Service other than as permitted by this Agreement;
• Share your login information with any individual;
• Use the Service to send, store, publish, post, upload or otherwise transmit any information in violation of any laws, rules or regulations including those relating to and privacy, or in violation of any of Your warranties, representations or obligations under this Agreement;
• License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party;
• Use the Service to upload, collect, transmit, store, use or process any patient information or other data: (i) that You do not have the lawful right to copy, transmit, distribute, and display (ii) for which You do not have the consent or permission from the owner of any personal health information and/or any other personal information contained therein; (iii) that is tortious, defamatory, obscene, or offensive; or (iv) that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability;
• Use the Service to send, store, publish, post, upload or otherwise transmit any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another;
• Continue to use the Service in a manner that interferes with or disrupts the integrity or performance of the Service following notice from Between of such use;
• Attempt to gain unauthorized access to the Service or its related systems or networks;
• Use or knowingly permit the use of any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the Service;
• Use any data mining, robots or similar data gathering or extraction methods;
• Access the Service for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Service; or
• Copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Service or any part thereof or otherwise attempt to discover any source code or modify the Service, except as expressly provided for in this Agreement.
Between reserves, the right to terminate, limit or suspend User access to the Service for any User breach of these restrictions or any other violation of any other term of this Agreement.
5. LICENSE TO USER CONTENT
5.2 Feedback. If You provide Between with any suggestions, comments or other feedback (“Feedback”) relating to the website, Between may use such Feedback in the website or in any other Between products or services (collectively, “Between Offerings”). Accordingly, You agree that: (a) Between is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Between, (c) Between (including all of its successors and assigns and any successors and assigns of any of the Between Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Between Offerings, and (d) You are not entitled to receive any compensation or reimbursement of any kind from Between or any of the other users of the Website or Service.
5.3 Data. As between you and Between, you exclusively own all rights, titles and interest in and to all of your data and User Content. Between shall only access your Account, including Your Data, to respond to service or technical problems or as necessary for the operation of the Service or billing. You hereby grant Between and its affiliates a non-exclusive, irrevocable, perpetual, sub-licensable, transferable license to use, copy and otherwise exploit your data and User Content as reasonably required to provide the Services. The foregoing license shall include the right for Between to use, copy and otherwise exploit your data and User Content for the purpose of creating Anonymous Service Data. Between shall own all right, title and interest in and to the Anonymous Service Data, including all intellectual property rights in the Anonymous Service Data, and you hereby assign, transfer and convey to Between any ownership interest you may have in any Anonymous Service Data. In addition, you agree that your Organization will have access to all User Content and your data in accordance with our Privacy Policy and the privacy practices of your Organization.
6. INTELLECTUAL PROPERTY; BETWEEN LICENSE
6.2 Evaluation License Grant. If You register for a free trial of the Service, then, subject to these Terms, Between grants You a limited, personal, non-transferable, non-sub-licensable, internal license to use the Service for non-production, evaluation purposes during the applicable Trial Period. For the purposes of these Terms, “Trial Period” means the time starting from Your registration to use a free trial of the Service until the earlier of (i) the end of the free trial period for which You registered (which trial period shall be thirty (30) days unless otherwise stated on the registration page for the free trial version of the Service), or (ii) the start date of any paid subscription for the Service ordered by You. You will not be entitled to receive any support from Between for Your use of a free, trial subscription for the Service. Between may terminate the Trial Period for any free trial of the Service at any time in Between’s sole discretion and may accept or decline any request for a free trial version of the Service in Between’s sole discretion. ANY DATA YOU ENTER INTO THE FREE TRIAL VERSION OF THE SERVICE AND ANY CUSTOMIZATIONS YOU MAKE TO THE FREE TRIAL VERSION OF THE SERVICE WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A PAID SUBSCRIPTION TO THE SERVICE. YOUR DATA CANNOT BE EXPORTED FROM THE FREE TRIAL VERSION OF THE SERVICE. NOTWITHSTANDING ANY OTHER PROVISIONS IN THESE TERMS, ACCESS TO THE FREE TRIAL VERSION OF THE SERVICE IS ON AN “AS-IS” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND. Additional terms and conditions applicable to the free trial version of the Service may appear on the applicable registration page. Any such additional terms and conditions are incorporated into these Terms by reference.
7. TERM; TERMINATION
7.2 Termination by Between. Between retains the right to terminate this Agreement and/or your ability to access the Service and Services at any time without notice to You if any of the following occur: (i) material breaches or violations of these TERMS OF SERVICE; (ii) request by law enforcement or other government agencies; (iii) discontinuance or material modification to the Website and/or Service and Services (or any part thereof); (iv) unexpected technical, security or legal issues or problems, and/or participation by You, directly or indirectly, in fraudulent or illegal activities (including, but not limited to falsification of your credentials).
7.3 Employee Departure. If an Employee User ceases to work for the Organization, the Employee User’s access to the Service and Services shall be terminated immediately.
7.4 Effect of Termination. In the event of Termination by either Party, Between reserves the right to delete any information in the User Account that it is not required by law to retain.
8. IMPORTANT DISCLAIMERS
8.2 Internet Security Disclaimer. You understand that the transmission of User Content is necessary to use the Services. Therefore, You expressly consent to Between’s storage of User Content, which will involve transmission over the Internet, and over various networks, only part of which may be owned and/or operated by Between. Between is committed to protecting your privacy and we have safeguards in place that comply with Federal and Provincial laws, rules and regulations relative to storing personal information; however, You acknowledge and understand that User Content may be accessed by unauthorized persons when communicated across the Internet, network communications facilities, or other electronic means. Between is not responsible for any User Content which is delayed, lost, altered, intercepted or stored during the transmission of any data whatsoever across public networks not owned or operated by Between, including, the Internet and your local network. You agree that Between is not in any way responsible for any interference with Your use of or access to the Services or security breaches arising from or attributable to the Internet and You waive any and all claims against Between in connection therewith.
8.3 DISCLAIMER OF ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, Between DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Between SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. Between DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND Between SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
9. LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Between’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL OF ANY AMOUNTS PAID BY YOU TO Between IN THE TWO MONTHS PRECEDING THE DATE THAT THE CLAIM WAS FIRST MADE AGAINST Between (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE ServiceLICABLE JURISDICTION.
10. INDEMNIFICATION
11. THIRD PARTY CONTENT
12. GENERAL
12.1 Enforcement of Terms and Conditions. If any part of these TERMS OF SERVICE is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of Between to exercise or enforce any right or provision under these TERMS OF SERVICE shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Between must be in writing and shall only apply to the specific instance identified in such writing. No waiver by Between of any provision of these TERMS OF SERVICE shall be deemed to be a further or continuing waiver of such provision or any other provision. You agree that any cause of action that You may have arising out of or related to this website or Your use of this website must commence within one (1) year after the cause of action accrues, otherwise, such cause of action shall be permanently barred.
12.2 Assignment. You may not assign the TERMS OF SERVICE, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Between’ prior written consent. Between may assign the TERMS OF SERVICE, or any rights or licenses granted hereunder, at any time without notice.
12.3 Survival. In addition to Sections 5, 6, 7, 8, 9, 10, 12.1, 12.3, 12.4, and 12.5 all representations, warranties and conditions made by You in these TERMS OF SERVICE shall survive the termination of these TERMS OF SERVICE. Unless otherwise explicitly identified as terminating elsewhere in these TERMS OF SERVICE, all licenses granted by You in these TERMS OF SERVICE shall survive their termination. All payment obligations incurred by You prior to the termination of these TERMS OF SERVICE shall survive their termination.
12.4 Entire Agreement. These TERMS OF SERVICE, together with any privacy policy that may be published on the website, constitute the entire agreement between the parties relating to the website and all related activities. These TERMS OF SERVICE shall not be modified except in writing signed by both parties or by a new posting of these TERMS OF SERVICE issued by Between.
12.5 Choice of Law. This Agreement and any action related thereto shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law principles. The Parties hereby irrevocably attorn to the exclusive personal jurisdiction and venue of the courts sitting in Ottawa, Ontario.
12.6 English Language. It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais
12.7 Contact. If you have any questions about these TERMS OF SERVICE or if you wish to make any complaint or claim with respect to the Website, service or Services please contact us at info@btwn.com.
These terms and conditions are effective as of 2022-02-16.
Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at info@btwn.com.
Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THIS WEBSITE OR SERVICE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF SERVICE (“TERMS”). IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THE SERVICE, WEBSITE OR ANY CONTENT OR SERVICES. THESE TERMS OF SERVICE MAY BE AMENDED OR UPDATED BY BETWEEN FROM TIME TO TIME WITHOUT NOTICE. THE TERMS OF SERVICE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE, AND IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF SERVICE FOR ANY CHANGES. YOUR USE OF THE SERVICE, WEBSITE, OR SERVICES AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF SERVICE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS.
IN ORDER TO USE THE WEBSITE, SERVICE AND SERVICES (DEFINED BELOW), YOU MUST REGISTER FOR THE SERVICES AND PROVIDE CERTAIN PERSONAL INFORMATION. FOR INFORMATION ON HOW WE USE YOUR PERSONAL INFORMATION, PLEASE SEE OUR PRIVACY POLICY, THE TERMS OF WHICH FORM AN INTEGRAL PART OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THE PRIVACY POLICY DO NOT USE THE BETWEEN WEBSITE OR SERVICES
1. SERVICES
1.2 Users. The Services are available to end-user employees or contractors (“Employees”) (i) whose employer or organization (“Organization”) has entered into a Master Services Agreement with Between; or (ii) who have signed up for the Services individually without an Organization. Between may also make some aspects of the service and Services available for free. By using the Services in any manner as an Employee, you represent and warrant to Between that you are permitted to do so by your Organization and not in breach of any Organization policy.
1.3 Third-Party Services. Your use of any third-party software, tools or integrations with the Services, including but not limited to Google or Slack will require you to agree to the terms of service and privacy policy of any such third-party.
2. CREDENTIALS
3. USER CONTENT
4. USER RESPONSIBILITIES AND RESTRICTIONS
• Use the Service other than as permitted by this Agreement;
• Share your login information with any individual;
• Use the Service to send, store, publish, post, upload or otherwise transmit any information in violation of any laws, rules or regulations including those relating to and privacy, or in violation of any of Your warranties, representations or obligations under this Agreement;
• License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party;
• Use the Service to upload, collect, transmit, store, use or process any patient information or other data: (i) that You do not have the lawful right to copy, transmit, distribute, and display (ii) for which You do not have the consent or permission from the owner of any personal health information and/or any other personal information contained therein; (iii) that is tortious, defamatory, obscene, or offensive; or (iv) that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability;
• Use the Service to send, store, publish, post, upload or otherwise transmit any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another;
• Continue to use the Service in a manner that interferes with or disrupts the integrity or performance of the Service following notice from Between of such use;
• Attempt to gain unauthorized access to the Service or its related systems or networks;
• Use or knowingly permit the use of any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the Service;
• Use any data mining, robots or similar data gathering or extraction methods;
• Access the Service for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Service; or
• Copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Service or any part thereof or otherwise attempt to discover any source code or modify the Service, except as expressly provided for in this Agreement.
Between reserves, the right to terminate, limit or suspend User access to the Service for any User breach of these restrictions or any other violation of any other term of this Agreement.
5. LICENSE TO USER CONTENT
5.2 Feedback. If You provide Between with any suggestions, comments or other feedback (“Feedback”) relating to the website, Between may use such Feedback in the website or in any other Between products or services (collectively, “Between Offerings”). Accordingly, You agree that: (a) Between is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Between, (c) Between (including all of its successors and assigns and any successors and assigns of any of the Between Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Between Offerings, and (d) You are not entitled to receive any compensation or reimbursement of any kind from Between or any of the other users of the Website or Service.
5.3 Data. As between you and Between, you exclusively own all rights, titles and interest in and to all of your data and User Content. Between shall only access your Account, including Your Data, to respond to service or technical problems or as necessary for the operation of the Service or billing. You hereby grant Between and its affiliates a non-exclusive, irrevocable, perpetual, sub-licensable, transferable license to use, copy and otherwise exploit your data and User Content as reasonably required to provide the Services. The foregoing license shall include the right for Between to use, copy and otherwise exploit your data and User Content for the purpose of creating Anonymous Service Data. Between shall own all right, title and interest in and to the Anonymous Service Data, including all intellectual property rights in the Anonymous Service Data, and you hereby assign, transfer and convey to Between any ownership interest you may have in any Anonymous Service Data. In addition, you agree that your Organization will have access to all User Content and your data in accordance with our Privacy Policy and the privacy practices of your Organization.
6. INTELLECTUAL PROPERTY; BETWEEN LICENSE
6.2 Evaluation License Grant. If You register for a free trial of the Service, then, subject to these Terms, Between grants You a limited, personal, non-transferable, non-sub-licensable, internal license to use the Service for non-production, evaluation purposes during the applicable Trial Period. For the purposes of these Terms, “Trial Period” means the time starting from Your registration to use a free trial of the Service until the earlier of (i) the end of the free trial period for which You registered (which trial period shall be thirty (30) days unless otherwise stated on the registration page for the free trial version of the Service), or (ii) the start date of any paid subscription for the Service ordered by You. You will not be entitled to receive any support from Between for Your use of a free, trial subscription for the Service. Between may terminate the Trial Period for any free trial of the Service at any time in Between’s sole discretion and may accept or decline any request for a free trial version of the Service in Between’s sole discretion. ANY DATA YOU ENTER INTO THE FREE TRIAL VERSION OF THE SERVICE AND ANY CUSTOMIZATIONS YOU MAKE TO THE FREE TRIAL VERSION OF THE SERVICE WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A PAID SUBSCRIPTION TO THE SERVICE. YOUR DATA CANNOT BE EXPORTED FROM THE FREE TRIAL VERSION OF THE SERVICE. NOTWITHSTANDING ANY OTHER PROVISIONS IN THESE TERMS, ACCESS TO THE FREE TRIAL VERSION OF THE SERVICE IS ON AN “AS-IS” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND. Additional terms and conditions applicable to the free trial version of the Service may appear on the applicable registration page. Any such additional terms and conditions are incorporated into these Terms by reference.
7. TERM; TERMINATION
7.2 Termination by Between. Between retains the right to terminate this Agreement and/or your ability to access the Service and Services at any time without notice to You if any of the following occur: (i) material breaches or violations of these TERMS OF SERVICE; (ii) request by law enforcement or other government agencies; (iii) discontinuance or material modification to the Website and/or Service and Services (or any part thereof); (iv) unexpected technical, security or legal issues or problems, and/or participation by You, directly or indirectly, in fraudulent or illegal activities (including, but not limited to falsification of your credentials).
7.3 Employee Departure. If an Employee User ceases to work for the Organization, the Employee User’s access to the Service and Services shall be terminated immediately.
7.4 Effect of Termination. In the event of Termination by either Party, Between reserves the right to delete any information in the User Account that it is not required by law to retain.
8. IMPORTANT DISCLAIMERS
8.2 Internet Security Disclaimer. You understand that the transmission of User Content is necessary to use the Services. Therefore, You expressly consent to Between’s storage of User Content, which will involve transmission over the Internet, and over various networks, only part of which may be owned and/or operated by Between. Between is committed to protecting your privacy and we have safeguards in place that comply with Federal and Provincial laws, rules and regulations relative to storing personal information; however, You acknowledge and understand that User Content may be accessed by unauthorized persons when communicated across the Internet, network communications facilities, or other electronic means. Between is not responsible for any User Content which is delayed, lost, altered, intercepted or stored during the transmission of any data whatsoever across public networks not owned or operated by Between, including, the Internet and your local network. You agree that Between is not in any way responsible for any interference with Your use of or access to the Services or security breaches arising from or attributable to the Internet and You waive any and all claims against Between in connection therewith.
8.3 DISCLAIMER OF ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, Between DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Between SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. Between DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND Between SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
9. LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Between’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL OF ANY AMOUNTS PAID BY YOU TO Between IN THE TWO MONTHS PRECEDING THE DATE THAT THE CLAIM WAS FIRST MADE AGAINST Between (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE ServiceLICABLE JURISDICTION.
10. INDEMNIFICATION
11. THIRD PARTY CONTENT
12. GENERAL
12.1 Enforcement of Terms and Conditions. If any part of these TERMS OF SERVICE is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of Between to exercise or enforce any right or provision under these TERMS OF SERVICE shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Between must be in writing and shall only apply to the specific instance identified in such writing. No waiver by Between of any provision of these TERMS OF SERVICE shall be deemed to be a further or continuing waiver of such provision or any other provision. You agree that any cause of action that You may have arising out of or related to this website or Your use of this website must commence within one (1) year after the cause of action accrues, otherwise, such cause of action shall be permanently barred.
12.2 Assignment. You may not assign the TERMS OF SERVICE, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Between’ prior written consent. Between may assign the TERMS OF SERVICE, or any rights or licenses granted hereunder, at any time without notice.
12.3 Survival. In addition to Sections 5, 6, 7, 8, 9, 10, 12.1, 12.3, 12.4, and 12.5 all representations, warranties and conditions made by You in these TERMS OF SERVICE shall survive the termination of these TERMS OF SERVICE. Unless otherwise explicitly identified as terminating elsewhere in these TERMS OF SERVICE, all licenses granted by You in these TERMS OF SERVICE shall survive their termination. All payment obligations incurred by You prior to the termination of these TERMS OF SERVICE shall survive their termination.
12.4 Entire Agreement. These TERMS OF SERVICE, together with any privacy policy that may be published on the website, constitute the entire agreement between the parties relating to the website and all related activities. These TERMS OF SERVICE shall not be modified except in writing signed by both parties or by a new posting of these TERMS OF SERVICE issued by Between.
12.5 Choice of Law. This Agreement and any action related thereto shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law principles. The Parties hereby irrevocably attorn to the exclusive personal jurisdiction and venue of the courts sitting in Ottawa, Ontario.
12.6 English Language. It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais
12.7 Contact. If you have any questions about these TERMS OF SERVICE or if you wish to make any complaint or claim with respect to the Website, service or Services please contact us at info@btwn.com.
These terms and conditions are effective as of 2022-02-16.
Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at info@btwn.com.
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