USE AND ACCESS TO THE WEBSITE AND ITS CONTENTS
The user (“you”) may use the Website solely for personal, non-commercial uses only. The Website contains content in the form of information, software, photographs, audio, video, graphics, text and other materials, all of which are protected by copyright, trademark and trade dress laws. The Website is owned by the Business and protected under Canadian and International laws and treaties.
You may download or make one copy of documents, information and audio files made available by the Website for your own personal, non-commercial use, provided you do not modify, obscure or delete any copyright or other proprietary notices contained in the content and that you abide by all Canadian and International laws and treaties.
You may not interrupt or attempt to interrupt the operation of the Website.
ROUTE 65, ASSURITY, and other marks used by the Business are trademarks, trade names, logos and service marks (collectively the “Trademarks”) which are proprietary to the Business. Other trademarks, trade names, logos and service marks that may appear on the Website are proprietary to their respective owners. Nothing contained in the Website should be construed as granting you, either directly or indirectly, expressly by implication, estoppel, or otherwise, a license or right to use these proprietary intellectual property rights.
SCOPE OF SERVICES
You should carefully review the description and information advertised by Members of EngAge BC (“Living and Wellness Option Providers or Operators”) on the Website that you intend to book, including, but not limited to, any independent living, home health care, assisted living or long-term care listing (“Living and Wellness Options or Services”), to ensure you (and any guest(s) you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Living and Wellness Option Provider or Operator has specified. Through the website you may be able to request to book a tour of a Living and Wellness Option Provider or Operator or request to book a service advertised by a Living and Wellness Option Provider or Operator, or be provided with information to independently contact a Living and Wellness Option Provider or Operator. At your sole discretion you may want to inform the Living and Wellness Option Provider or Operator of any medical or physical conditions, or other circumstances that may impact you and any guest you are assisting. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in a Living and Wellness Option.
As the provider of the Website, the Business does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Living and Wellness Option or Service. Living and Wellness Option Providers or Operators alone are responsible for their advertised listings for Living and Wellness Options or Services.
The Business has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Living and Wellness Option or Services provided by the Living and Wellness Option Provider or Operator, (ii) the truth or accuracy of any Living and Wellness Option descriptions, Ratings, Reviews, or other content, or (iii) the performance or conduct of any user or third party. The Business does not endorse any Living and Wellness Option or Service. You should always exercise due diligence and care when deciding whether to engage with or request to book a Living and Wellness Option or Service.
The Website may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. The Business is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by the Business of such Third-Party Services.
Users can modify bookings for tours or services directly with Living and Wellness Option Providers or Operators.
MISPRINTS, ERRORS AND PRODUCT AVAILABILITY
The Business does not represent, warrant or endorse the accuracy, completeness, currency, reliability or suitability of the Website. You acknowledge that any reliance on the Website will be at your sole risk. The Business reserves the right to delete, move or edit any content of the Website including, but not limited to, changing prices, fees and charges regarding the goods and services available through the Website at any time without notice to you.
The Business does not guarantee that goods or services advertised on the Website will be available. The Business does not guarantee that any booking requests made on the Website, namely, but not limited to, bookings for tours of sites or booking requests for services advertised on the Website. The Business reserves the right to contact the Operator or Provider, who may reject, correct, cancel or terminate any booking at any time. It is the Operator or Provider’s responsibility to follow-up with users who request to book a facility or request to book a tour of a facility.
The Website is provided on an “as is” and “as available” basis and cannot, without limitation, be guaranteed against security and privacy risks. The Business disclaims any and all liability and does not make any representation, warranty or condition of any kind, either express or implied, and including without limitation, any warranty of title, satisfactory quality, non-infringement, freedom from computer virus or implied warranty of merchantability and fitness for a particular purpose, performance or durability to the FULLEST EXTENT PERMITTED BY LAW. The Business makes no representation or guarantee that the operation of the Website will be continuous, uninterrupted, error-free or secure. The Business makes no representation, warranty or condition about the accuracy, reliability, completeness, integrity or timeliness of the Website. Without limiting the generality of the foregoing, the Business makes no representation, warranty or condition that the use of the Website does not infringe the intellectual property rights of a third party and that use of the Website will be free of viruses, trojan horses, worms, macros or other destructive or disruptive components.
If you choose to use the Website Platform, you do so voluntarily and at your sole risk, it is provided “as is”, without warranty of any kind, either express or implied.
INDEMNITY & RELEASE
You expressly agree that the use of the Website by you is at your own risk.
The Business reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Business’ defence of such claim.
You agree to release, remise and forever discharge the Business from any and all manner of rights, claims, complaints, demands, causes of action, liabilities, obligations, reasonable legal fees and costs, including without limitation, costs to repair or service any equipment you use in connection with your use of this Website, and in no event, whether known or unknown, which now or hereafter exist, which arise from, relate to or are connected with your use of the Website.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Website Platform, your request to book any Living and Wellness Option or Service via the Website Platform, your stay at any Living and Wellness Provider or Operator, or use of any other Living and Wellness Option or Service remains with you. Neither the Business nor any other party involved in creating, producing, or delivering the Website Platform will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Website Platform, (iii) from any communications, interactions or meetings with other users of the Website Platform or other persons with whom you communicate, interact or meet with as a result of your use of the Website Platform, or (iv) from your engagement or booking of a Living and Wellness Option or Service, including the provision or use of a Living and Wellness Option Provider’s or Operator’s Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not the Business has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event shall the Business be liable to you or any other person for any loss of use, loss of production, loss of income, loss of profits, loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, anticipated or otherwise, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of the Website by you or any other person, and regardless of any negligence or other fault and notwithstanding that the Business may have been advised of the possibility of such loss or damages.
LINKING THE WEBSITE
Links to the Website without the express written permission of the Business are strictly prohibited. The Business reserves the right to cancel and revoke any permission it may give to link to the Website at any time, for any reason, without any notice or liability to you. The framing of the Website any of its content in any form and by any method is strictly prohibited.
WEBSITE BOOKING REQUESTS
FEEDBACK AND SUBMISSIONS
You agree that any feedback submitted to the Website or to the Business by email is non-confidential for all purposes. If you make any submission, you automatically grant, or expressly warrant that the owner of such submission has expressly granted, to the Business a royalty-free, perpetual, irrevocable, world-wide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the submission in any media or medium, or any form, format, or forum now known or hereafter developed and you expressly waive all moral rights in the submission in favour of the Business and its assigns. You agree that no submission made by you to the Website or by email will violate any right, including intellectual property rights, of any third party. In addition, you agree that no submission made by you will be obscene, libelous, abusive or otherwise unlawful. You will be solely responsible for the contents of any submissions you make.
By making a submission, you agree that the Business may use information about you for marketing, product development and promotional purposes in a manner that does not reveal your identity. Further, you agree that the Business may send you electronic mail or other communications for the purpose of providing information to you regarding updates to the Website, the Business’ products, services or promotions, or such other purposes which the Business may deem appropriate. You may unsubscribe from the electronic mail or other communications at any time.
TERMINATION OF USE
The Business reserves the right, in its sole discretion, to modify, alter, restrict, suspend, or terminate any or all parts of the Website or your access to any or all parts of the Website, at any time for any reason without prior notice or liability to you.
You can access the Website without disclosing your personal information, other than your IP address. Providing additional information about your personal profile is entirely up to you. The The Business maintains physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of any information including your Personally Identifiable Information as necessary. Wherever possible, the Business sets security standards to prevent any unauthorized access to your information. However, any information and personal data carried over the Internet and by e-mail is not secure and is liable to interception, loss, redirection and corruption by other people unless you encrypt it. Your contact information may be used so that we may communicate with you about recent developments in the law, keep you abreast of news and invite you to events.
The Website automatically receives and records information on our service logs from your browser, including your IP address, cookie information and the page you request.
The Website uses Personally Identifiable Information for the following purposes: to fulfill your request for products and services, improve the Business’s services and contact you.
The Business may use your Personally Identifiably Information to process your service requests, provide access to secure areas of the Website, to personalize your visit to the Website and to enable the Business to review, develop and continually improve the services the Business provides online. The Business limits access to Personally Identifiable Information about you to employees of the Business who reasonably need that information to provide products or services to you in order to do their job. If at any point the Business decides to use Personally Identifiable Information in a manner differently than described here, the Business will notify you by e-mail.
Information Sharing and Disclosure
The Business does not rent, sell, or share Personally Identifiable Information about you collected in connection with your use of the Business’ service with other people or non-affiliated companies, except to provide products or services you have requested, when the Business have your permission, or under the following circumstances:
Transfer of your Data Outside of Canada
The Business uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Website. The Business owns the code for the Website.
The Website may create and access cookies (a piece of information which is stored on your computer and allows the Business to identify if you have visited the site before) on your computer. Cookies cannot be executed as code or used to deliver a virus. Other servers cannot read them, and personal information cannot be gathered from them. They are simply an identifier shared between you and the Business to allow the Business to improve the services offered to you through the Website. If you do not wish cookies to be placed on your computer, then they can be disabled in your web browser. The option to do so is normally found in your browser’s “security settings” section. However, please note, permanently disabling cookies in your browser may hinder your use of the Website as well as other websites and interactive services.
CONFIDENTIALITY AND SECURITY
The Personal Information Protection and Electronic Documents Act gives you the right to access Personally Identifiable Information held about you. You can obtain access to your Personally Identifiable Information held by the Business by contacting the Business by email (there may be a cost associated with administration for collating this information). The Business may ask you to give evidence of your identity before providing such access.
The Business will make every attempt to make sure that the Personally Identifiable Information the Business holds about you is accurate and up to date. If you believe that any information the Business is holding about you is incorrect or incomplete, please e-mail the Business as soon as possible and the information found to be incorrect will be corrected.
The Business maintains physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of any information including your Personally Identifiable Information as necessary. Our security procedures mean that the Business may occasionally request proof of identity before the Business discloses Personally Identifiable Information to you. Access to your Personally Identifiable Information is limited to the Business and employees who reasonably will need that information to provide services to you. However, the Business is not responsible for the confidentiality, security or distribution of your Personally Identifiable Information by third parties outside the scope of our agreement with such third parties.
Wherever possible, the Business sets security standards to prevent any unauthorized access to your Personally Identifiable Information. However, any information and personal data carried over the Internet and by e-mail is not secure and is liable to interception, loss, redirection and corruption by other people unless you encrypt it.
Withdrawal of Consent
You may withdraw your consent to our collection, use and disclosure of your personal information at any time, subject to legal and/or contractual restrictions and upon reasonable notice. Your withdrawal of consent to our collection, use and disclosure of your personal information may impact our ability to provide you information on products or services.
Access to Personal Information
You have the right to challenge the accuracy and completeness of your personal information and to have it amended, as appropriate. You also have a right to request access to your personal information and receive an accounting of how that information has been used and disclosed, subject to certain exceptions prescribed by law.
If you request to change personal information belonging to an individual other than yourself, you will have to provide consent from that individual affirming the changes before any changes to their personal information on record can be made.