Terms of Use

LAST UPDATED ON: FEBRUARY 25TH, 2016

Please read these terms of use (the “Terms of Use”) carefully before accessing or using this web site through its generally available interfaces (e.g., a web browser or applications for tablets or mobile phones) (the “Site”). These Terms of Use form an agreement between Bridgit Inc. (“Bridgit”) and you and governs your use of the Site (the term “use” when used herein in respect of the Site will mean access or use, and using will have a corresponding meaning). By using the Site, you ARE AGREEING to be bound by and comply with these Terms of Use. The term “you” refers to the person using the Site. If you do not accept and agree to be bound by these Terms of Use, or are not capable of agreeing to the terms of these Terms of Use, please do not use the Site.

As a condition of your use of the Site, you warrant that: (a) you have reached the age of majority in your jurisdiction of residence; (b) you possess the legal authority to create a binding legal obligation; and (c) you will use the Site in accordance with the Terms of Use.

CHANGES TO THESE TERMS OF USE AND SITE

Except where prohibited by applicable law, Bridgit reserves the right to change these Terms of Use at any time without notice. Your continued access to or use of the Site after any changes to these Terms of Use indicates your acceptance of such changes. It is your responsibility to review these Terms of Use regularly.

Bridgit reserves the right to modify, add or remove any information, material or content contained on the Site (the “Content“) at any time, and from time to time, without notice. For greater certainty, Content includes all designs, infrastructure graphics, pictures, illustrations, software, artwork, sound, names, words, titles, phrases, logos and marks displayed on the Site.

USE OF THE SITE

The Site is provided solely to allow you to (a) gather information about Bridgit and the services provided by Bridgit, (b) maintain your company’s Bridgit account (if you have been provided with one), (c) use any services made available to you by Bridgit through the Site, if authorized to do so by Bridgit, and for no other purposes (the “Permitted Use”).

Unless otherwise agreed in writing, the Site may only be used through Bridgit’s generally available interfaces (e.g., Bridgit’s website, applications for tablets and mobile phones or other applications that Bridgit may make available from time to time).

Bridgit retains the right, at its sole discretion, to deny use of the Site to anyone, at any time and for any reason, including, but not limited to, for violation of the Terms of Use. You agree to cease and desist from any such use immediately upon request by Bridgit. Bridgit will not be responsible for any loss or damages incurred by you as a result of any termination or suspension of use of the Site.

OWNERSHIP

Bridgit expressly reserves all rights in the Site, Content and all other materials provided or made accessible by Bridgit hereunder not specifically granted to you. All right, title and interest in and to the Site and Content and all other materials provided or made accessible by Bridgit hereunder, any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with Bridgit (or third party suppliers and licensors, if applicable) or, if you obtain any such rights under these Terms of Use, you hereby assign such rights to Bridgit.

You are hereby granted a limited, non-exclusive, non-transferable license to view the screens and materials on this Site and Content and to print only a limited number of copies of such screens and materials as is reasonably needed for your own non-commercial use. The Site, Content and all other materials provided or made accessible by Bridgit hereunder are licensed in accordance with the above and are not “sold” to you.

Any improper use of materials on this Site, including: (1) reproduction, except as authorized herein; (2) modifications; (3) distributions; (4) republication; (5) transmission; (6) re-transmissions; (7) or public showing, without our prior written permission, is strictly prohibited.

“Bridgit” is either a registered trade-mark or trade-mark of Bridgit in Canada and other countries. Other logos and product and company names mentioned on the Site may be the trademarks of their respective owners. . Unauthorized use of our trademarks is strictly prohibited.

All contents of this Website are: © 2013 Bridgit Inc

PRIVACY POLICY

Please click here to review Bridgit’s current privacy policy: http://gobridgit.com/wp/privacy/ (the “Privacy Policy”). The Privacy Policy is intended to help you understand our practices regarding your personal information. By entering into these Terms of Use, you agree to Bridgit’s use, collection and disclosure of personally-identifiable information about you for the purposes authorized by you, including under these Terms of Use, the Privacy Policy and any other agreement you may enter into with us. The Privacy Policy is hereby incorporated by reference and forms a part of these Terms of Use.

RESTRICTIONS

You agree that you will not, without Bridgit’s prior written permission, use the Site and the Content for purposes other than the Permitted Use. You also agree that you will not, without Bridgit’s prior written permission:

1- “Frame”, “mirror” or otherwise incorporate the Site or the Content or any part thereof on any commercial or non-commercial website

2- Access, monitor or copy any Content using any data mining, robot, spider, scraper or other automated means or any manual process for any data gathering or extraction methods without Bridgit’s express written permission

3- Violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site

4- Take any action that imposes, or may impose, in Bridgit’s discretion, an unreasonable or disproportionately large load on its infrastructure

5- Deep-link to any portion of the Site for any purpose

6- Modify, adapt, alter or translate any software underlying the Site, except as expressly allowed hereunder

7- Use or copy the any software underlying the Site except as expressly allowed hereunder

8- Attempt to gain unauthorized access to the Services or Bridgit’s related systems or networks

9- 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 Site

10- Access the Site for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Site.

11- Use the Site for any purpose in violation of local, provincial, national or international laws.

You acquire absolutely no rights or licences to the Site or the Content, other than the limited right to use the Site and the Content in accordance with these Terms of Use. While you may view the Site and Content through a web browser or other interface made generally available by Bridgit and make limited copies of information about services provided by Bridgit, you otherwise agree that no part of the Site or the Content may be copied, reproduced, modified, distributed, transferred, sold, published, broadcast, performed, transmitted, published, licensed or circulated in any form without the prior written consent of Bridgit. The coping, translation, creation of derivative work of, reverse engineering, reverse assembling, disassembling, or decompiling of the Site or any part thereof or otherwise attempting to discover any source code or modify the Site, without the prior written consent of Bridgit, is strictly prohibited.

THIRD PARTY SITES

The Site may provide links to third party web sites. Bridgit does not endorse the information contained on those web sites or guarantee their merchantability, merchantable quality, title, non-infringement, security, reliability, completeness, quiet enjoyment, accuracy, quality, integration or fitness for a particular purpose. The content in any linked web site is not under Bridgit’s control, and if you choose to access any such web site, you do so entirely at your own risk.

VIRUSES

The downloading or using the Content is done at your own risk. Bridgit cannot and does not guarantee or warrant that the Site or the Content are compatible with your computer system(s) or that the Site or the Content will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system(s), and you are responsible for the entire cost of any service, repairs or connections of and to your computer(s) system that may be necessary as a result of your use of the Site.

COMMUNICATIONS NOT CONFIDENTIAL

Bridgit does not guarantee the confidentiality of any communications made by you to Bridgit or other information transmitted by you to Bridgit, including communications made by email or information transmitted by your use of the Site. Bridgit may retain a copy of any such information for the purpose of and to the extent necessary for it to comply with applicable and legal, regulatory, and/or reasonable internal back-up or archival policies and requirements.

By submitting ideas, suggestions, documents, and/or proposals (“Feedback“) to Bridgit you acknowledge and agree that:

1- Your Feedback does not contain confidential or proprietary information

2- Bridgit is not under any obligation of confidentiality, express or implied, with respect to the Feedback

3- Bridgit shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide

4- Bridgit may have something similar to the Feedback already under consideration or in development

5- You irrevocably assign to Bridgit all rights to your Feedback

6- You are not entitled to any compensation or reimbursement of any kind from Bridgit under any circumstances.

WARRANTY DISCLAIMER AND LIMITATION ON LIABILITY

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE AND CONTENT IS AT YOUR SOLE RISK. THE SITE AND THE CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND. USE OF THE SITE OR THE CONTENT IS AT YOUR OWN RISK.
BRIDGIT DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE SITE OR THE CONTENT. THE SITE AND THE CONTENT MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES, INCLUDING, WITHOUT LIMITATION, PRONUNCIATION ERRORS. BRIDGIT DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE SITE OR THE CONTENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, BRIDGIT HEREBY DISCLAIMS ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER WRITTEN OR ORAL, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, TITLE, NONINFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, QUALITY, INTEGRATION OR FITNESS FOR A PARTICULAR PURPOSE. BRIDGIT DOES NOT WARRANT THAT THE SITE OR THE CONTENT WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE.

TO THE FULLEST EXTENT PERMITTED BY LAW, BRIDGIT ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS DISCLAIM ALL LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE, GROSS NEGLIGENCE OR WILFUL MISCONDUCT), PRODUCT LIABILITY, STRICT LIABILITY, STATUTORY LIABILITY, BREACH OF A FUNDAMENTAL TERM, FUNDAMENTAL BREACH, OR ANY OTHER LEGAL THEORY, FOR ANY LOSS OR DAMAGES OF ANY KIND ARISING IN CONNECTION WITH OR UNDER THIS AGREEMENT INCLUDING FROM YOUR USE OF, OR INABILITY TO MAKE USE OF, THE SITE OR THE CONTENT OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF, OR INABILITY TO MAKE USE OF, THE SITE OR THE CONTENT (INCLUDING, WITHOUT LIMITATION ANY (I) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSS OR DAMAGE, (II) FRAUD, (III) LOSS OF PROGRAMS OR DATA, (IV) LOSS OF USE, (V) PERSONAL OR PROPERTY DAMAGE, (VI) FINES, FEES, PENALTIES, OR (VII) ANY OTHER LOSSES OR DAMAGES, WHETHER OR NOT BRIDGIT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SITE OR THE CONTENT.

TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF BRIDGIT IN CONNECTION WITH OR UNDER THIS AGREEMENT INCLUDING FROM YOUR USE OF, OR INABILITY TO MAKE USE OF, THE SITE OR THE CONTENT OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF, OR INABILITY TO MAKE USE OF, THE SITE OR THE CONTENT EXCEED TEN CANADIAN DOLLARS ($10) or the equivalent in local currency. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THIS AGREEMENT WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.

The limitation above reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Bridgit, its employees, officers, directors, agents and affiliates against any and all liability (including damages, recoveries, deficiencies, interest, penalties and reasonable legal fees) arising out of claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: (a) your breach of any one or more of your obligations, representations and warranties under the Terms of Use or the documents referenced in it; (b) your violation of any law or the rights of a third party; or (c) your use of the Site.

GOVERNING LAW AND JURISDICTION

These Terms of Use and any action related thereto shall be governed by and construed in accordance with the substantive laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law principles. These laws apply to your access to or use of the Site or the Content, notwithstanding your domicile, residency or physical location. The Site and the Content are intended for use only in jurisdictions where they may lawfully be offered for use.

Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Toronto, Ontario, Canada in all disputes arising out of or relating to the use of the Site.

CASL

We will use commercial reasonable efforts to be compliant with Canada’s Anti-Spam laws (“CASL”). If you become aware of any violation, or potential violation, of CASL by Bridgit you agree to promptly alert Bridgit so corrective action can be taken.

ENTIRE AGREEMENT, WAIVER AND SEVERABILITY

These Terms of Use constitute the entire agreement between Bridgit and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Bridgit with respect to the subject matter hereof.

Bridgit’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provisions or right. Waiver of any provision hereof in one instance shall not preclude enforcement thereof on future occasions.

Any provision hereof found by a court or other tribunal of competent jurisdiction to be void, invalid, illegal or unenforceable shall be automatically conformed to the minimum requirements of law and all other provisions shall remain in full force and effect.
Bridgit and you agree to do or cause to be done all acts or things necessary to implement and carry into effect this Agreement to its full extent.

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.

Bridgit and you agree that this contract will be created in electronic form. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.