Bounc3 Ltd. (“Bounc3”, “We”, “Us”) owns and operates the Bounc3 website, available at: https://bounc3.io/ (the “Website”) which We use to make available the Bounc3 platform (“Platform”) and our virtual insurance brokerage services (collectively the “Services”). These Terms of Service (the “Terms”) govern all access and use of the Website, Platform and Services.
1. BOUNC3 PLATFORM AND SERVICES
1.1 Services. The Bounc3 Platform provides a risk-based diagnostic tool to recommend insurance products and allows users to request quotes for insurance products and purchase insurance products online from Bounc3 Ltd., a registered insurance brokerage in Ontario. Bounc3 has also partnered with other insurance brokers to sell insurance products in certain jurisdictions across Canada.
1.2 Terms of Service. These Terms of Service (the “Terms”) apply to all visitors and users of the Website and Services (“you,” “your,” and “Users”), as well as our clients who request insurance quotes (“Clients”). Bounc3 may modify these Terms at any time in our sole discretion by posting a notice on the Website or Platform. Any changes will take effect 30 days from the date of posting of an update to these Terms.
2. REGISTRATION AND ACCOUNTS
2.1 Registration. In order to use the Services on the Platform, Clients must register for an account through Bounc3 (the “Account”). By registering for an Account, you represent and warrant that all information you provide is accurate. If you register as a business entity or other organization, you represent that you have the authority to bind the entity to this agreement and any other transactions or agreements processed through the Services. The Services are only available in certain locations.
3. IMPORTANT DISCLAIMERS
3.1 Product Recommendations. Any insurance or other products recommended to you are based on information you provide and information about the products that is available to Bounc3. Bounc3 does not guarantee that the product recommendations provided by the Services will meet all of your needs or that you will be eligible to purchase such products.
3.2 Insurance Quotes. Any quotes provided through the Services come from third- party insurance companies. Unless otherwise indicated, quotes are not guaranteed, and prices are subject to change at any time. Obtaining a quote does not mean that you have qualified for or purchased any insurance or other product. By using the Platform or Services, Bounc3 does not in any way promise that you will qualify for the products we offer. Each product may be governed by specific terms and conditions or agreement applicable to the specific product or service. Some products are only available in certain jurisdictions.
4. LICENSE; INTELLECTUAL PROPERTY
4.1 License. Subject to your compliance with these Terms, Bounc3 grants you a non- transferable, non-exclusive, license to access and use the Website, Platform and the Services (the “License”). Except as explicitly provided herein, nothing in the Terms gives you a right to use the Bounc3 names, trademarks, logos or other distinctive brand features without our prior written consent.
4.2 Reservation of Rights. The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Bounc3 Content”), and all intellectual property rights related thereto, are the exclusive property of Bounc3 and its licensors. Use of the Bounc3 Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
4.3 Feedback. You may choose to, or we may invite you, to submit comments or ideas about the Website, Platform, and Services, including but not limited to, about how to improve the Services or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Bounc3 under any fiduciary or other obligation, and that we are free to use the Feedback without any compensation to you, and free to disclose the Feedback on a non-confidential basis or on any other basis, to anyone.
4.4 User Content. Bounc3 does not claim ownership of the data, materials and/or content created, uploaded or otherwise transmitted by you through use of the Bounc3 Website or Services, including but not limited to reviews, photos, and comments (“User Content”). However, by using the Website and/or Services, you grant Bounc3 a worldwide, royalty-free, non-exclusive license to collect, use, reproduce, store, display and sublicense such User Content for the purpose of operating the Website and Services.
Bounc3 may impose certain limitations on the use of the Website or Platform, including, but not limited to restricting the number of accounts for which you may register, and/or imposing charges for certain features of the Services. You agree to use the Bounc3 Website and the Services only for purposes as permitted by these Terms. Bounc3 reserves the right to modify or impose any limitations on the use of the Bounc3 Website and the Services at any time, with or without notice to you. We also reserve the right at all times to terminate any use of the Bounc3 Platform at any time without any liability whatsoever. In using the Bounc3 Website and/or the Services you shall not:
(a) intentionally or unintentionally violate any of these Terms, or any local, state, provincial, national or international law or regulation, including without limitation using the capabilities of the Services to transmit any unlawful content, to harass or intimidate others, to spam third parties or to impersonate anyone;
(b) license, sell, rent, lease, transfer, assign or otherwise commercially exploit the Bounc3 Website, Platform, or the Services;
(c) upload, post, email, transmit or otherwise make available any material that:
is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
you do not have a right to make available under any law or under a contractual relationship;
infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any Users or viewers of the Website or that compromises a User’s privacy; or
contains any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
(d) modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Bounc3 Website, Platform or any software provided by us;
(e) use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(f) “stalk” or harass any other User of our Services or collect or store any information about any other User other than for purposes of transacting with one another;
(g) register for more than one User account or register for a User account on behalf of an individual other than yourself;
(h) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(i) use automated scripts to collect information or otherwise interact with the Services or the Website;
(j) access or use the Website or Services for the purpose of copying any feature of the Website or Services or building a competitive product; or
(k) advocate, encourage, or assist any third party in doing any of the foregoing.
You agree to defend, indemnify and hold Bounc3, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by a third party, relating to or arising from:
(a) any content you create, submit, post, transmit, or otherwise make available through the Website or Platform;
(b) your use of the Website or Platform;
(c) any dealings between you and any persons whom you send or otherwise transmit links or any content to using the Platform, including without limitation claims relating to misrepresentation;
(d) any violation by you of these Terms;
(e) your violation of any rights of another, including any intellectual property rights or privacy rights; or
(f) your violation of any contract you enter into with an insurance company or third party. This obligation shall survive the termination or expiration of these Terms and/or your use of the Services.
7. TERM; TERMINATION
Bounc3 may, at any time and for any reason or no reason, without prior notice, immediately suspend all or a portion of your Account and/or access to the Website or Services. Cause for such termination shall include, but not be limited to:
(a) violations of the Terms, or any other policies or guidelines that are referenced herein and/or posted on the Website or through the Services;
(b) discontinuance or material modification to the Services or any part thereof;
(c) a request and/or order from law enforcement, a judicial body, or other government agency;
(d) where provision of the Bounc3 Website or the Services to you is or may become unlawful;
(e) unexpected technical or security issues or problems; or
(f) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by Bounc3 in its sole discretion, and Bounc3 will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Services.
8. THIRD-PARTY CONTENT
8.1 Advertisements. You acknowledge and agree that the Website or Platform may contain advertisements from insurance companies and from other third parties. If you elect to have any business dealings with anyone whose products or services may be advertised on the Website, you acknowledge and agree that such dealings are solely between you and such third party and you further acknowledge and agree that Bounc3 shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.
8.2 Links. The Website may contain links to other websites that are not owned or controlled by Bounc3. In no event shall any reference to any third party, advertisement, third-party product or service be construed as an approval or endorsement by Bounc3 of that third party, third-party product or service. Bounc3 is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) or any advertisements does not imply that Bounc3 endorses or accepts any responsibility for the content or use of such websites, and you hereby release Bounc3 from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.
9. DISCLAIMER OF WARRANTIES AND CONDITIONS
THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND ON AN “AS AVAILABLE” BASIS. BOUNC3 SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND RELATING TO THE BOUNC3 WEBSITE AND THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABLE QUALITY, NON-INFRINGEMENT, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the generality of the foregoing, Bounc3 makes no representation or warranty that:
(i) the Website or Platform will be compatible with your computer, mobile or other device and/or software;
(ii) the Website or Platform will be available or will function without interruption or error;
(iii) the use of the Website or Platform, including, without limitation, the browsing and downloading of any information or material, will be free of any viruses, trojan horses, worms or other destructive, intrusive or disruptive components;
(iv) the transmission of information to and from the Website or Platform will be secure;
(v) the use of the Website or Platform will not infringe the rights (including, without limitation, intellectual property rights) of any person or entity; or
(vi) the Website or Platform will not cause any damage to your computer, mobile or other device, software or electronic files.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL BOUNC3 BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM
(A) YOUR USE OF OR YOUR INABILITY TO USE THE BOUNC3 WEBSITE OR THE SERVICES,
(B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES,
(C) ERRORS, MISTAKES, OR INACCURACIES IN ANY INFORMATION AVAILABLE ON THE WEBSITE OR PLATFORM,
(D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, ANY BUGS, VIRUSES OR OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE BOUNC3 WEBSITE, OR
(E) ANY DEALINGS OR TRANSACTIONS BETWEEN YOU AND ANY PERSONS OR USERS WHOM YOU SEND OR TRANSMIT ANY CONTENT TO USING THE SERVICE, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES OFFERED BY YOU TO SUCH PERSONS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BOUNC3’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF
(A) FIVE HUNDRED CANADIAN DOLLARS ($500) OR
(B) ALL BOUNC3’S FEES YOU’VE PAID IN THE 6 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM (IF ANY).
THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
11. GOVERNING LAW; JURISDICTION
This Agreement shall be governed by the laws in effect in the Province of Ontario, Canada. No choice of laws rules of any jurisdiction shall apply to this Agreement. Subject to the Arbitration terms below, the courts of the Province of Ontario located in Ottawa shall have jurisdiction over any legal action or proceeding arising out of or relating to these Terms, the Bounc3 Website or the Services and you consent to the jurisdiction of such courts for any such action or proceeding. You waive all rights that you may have or that may hereafter arise to contest such jurisdiction of such courts. The parties waive any right to a jury trial with respect to any action brought in connection herewith. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.
12. ENTIRE AGREEMENT
13. 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.
14. CONTACT US
If you have any questions about these Terms or if you wish to receive any additional information, provide feedback or raise any concerns in relation to the Bounc3 Website or the Services, please contact us at: firstname.lastname@example.org.