BAYCREST@HOME TERMS OF SERVICE
Last Revised: June 16th, 2021
These Terms of Service govern (a) your access and use of Baycrest@Home services, including both free programs and paid services; and (b) your access and use of the Baycrest@Home website at https:// baycrestathome.ca/ (the “Website”). In these Terms of Service, the terms “we”, “us”, “our” and “Baycrest refer to Baycrest@Home, a program of The Jewish Home for the Aged (“Baycrest”).
PLEASE READ THESE TERMS OF SERVICE (“TERMS”) CAREFULLY BEFORE USING OUR SERVICES. By using our services and/or accessing the Website, you agree to be bound by these Terms.
Free Trial. Any free trial or other promotion for Baycrest@Home Member Plan or Baycrest@Home Expert Plan (“Free Trial”) must be used within the specified time frame of the trial or promotion. The Account Holder may be required to have a valid payment method on file in order to initiate a free trial; in this case, if the Account Holder does not cancel before the Free Trial period ends, the Account Holder’s account will be converted to a paid Service and will be charged in accordance with these Payment Terms.
Prepaid Periods. The Account Holder may be given the opportunity to prepay Baycrest@Home Member Plan or Baycrest@Home Expert Plan for a period of one or more months (“Prepaid Period”). If the Account Holder chooses a Prepaid Period, the Account Holder agrees to pay for the fee for the Prepaid Period specified when the Account Holder purchased the Services (plus applicable taxes). At the conclusion of a Prepaid Period, unless the Account Holder cancels at least ten (10) days prior to renewal, the applicable Service will automatically continue on a month-to-month basis at the then-existing non-promotional price for the Service.
Billing. If the Account Holder chooses monthly billing (“Monthly Billing”), the Account Holder agrees to pay the monthly fee specified when the Account Holder purchased the Services (plus applicable taxes) and understands that billing for Baycrest@Home Member Plan and Baycrest@Home Expert Plan recurs on a monthly basis until the applicable Service is cancelled.
All payment information provided by the Account Holder must be accurate, including the Account Holder’s credit card number and expiration date, and any other payment information. The Account Holder is responsible for keeping the Account Holder’s payment information up-to-date and must promptly notify Baycrest if the Account Holder’s payment method is cancelled or changed.
Changes to Fees. You agree that Baycrest may change the fees on sixty (60) days notice to the email address provided by you to us (the “Fee Increase Period”). You may terminate the Services at any time during the Notice Period. If you do not terminate the Services within the Notice Period you will be deemed to have accepted the change in fees.
Bill Inquiries. If Account Holder believes that he/she has been billed in error for any Services, please notify us within sixty (60) days of the billing date by contacting Baycrest@Home at 1-647-576-4663. Baycrest@Home will not issue refunds or credits after the expiration of this 60-day period.
TERMINATION OR CANCELLATION OF SERVICES
Cancellation by Account Holder. The Account Holder can terminate Baycrest@Home Member Plan or Baycrest@Home Expert Plan on ten (10) days notice by contacting 1-647-576-4663.
If the Account Holder chooses to cancel the Services within the first ten (10) days of paying for the Services, the Account Holder will receive a refund equal to Prepaid Fee or the monthly fee, as applicable. After the first ten (10) days of paid Services:
- If the Account Holder has prepaid for the Services, the Member and the Care Partner (as applicable) may use the applicable Service until the end of the calendar month and the Service will be cancelled at the end of the calendar month (“Early Termination Date”). After the Early Termination Date, the Account Holder will be (a) charged a cancellation fee equal to 10% of the Prepaid Service; and (b) receive a prorated refund of the remaining Prepaid Period after the Early Termination Date.
- If the Services have Monthly Billing, the Member and the Care Partner (as applicable) may use the Service until the end of the monthly period and the Service will not be renewed after that period expires. The Account Holder will not be eligible for a prorated refund of any portion of the monthly fee.
Cancellation by Baycrest. Baycrest may immediately terminate or suspend the Services or any portion of the Baycrest@Home Member Plan or Baycrest@Home Expert Plan without notice if:
- The Account Holder’s payment is overdue (provided that we will use reasonable efforts to notify the Account Holder of the overdue payment before we terminate or suspend);
- The Care Partner or the Member engage in conduct that is threatening, abusive or harassing to Baycrest employees, agents or other Baycrest@Home users.
SERVICES FROM THIRD PARTY PARTNERS and LINKED SITES
Baycrest is not necessarily affiliated with sites which may be linked to this Website and is not responsible for their content. Any linked sites are listed for your convenience only and you access them at your own risk.
NOT FOR EMERGENCIES
DO NOT USE THE SERVICES OR THE WEBSITE IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY AND REQUIRE IMMEDIATE MEDICAL ATTENTION. PLEASE CALL 9-1-1 OR VISIT YOUR CLOSEST EMERGENCY ROOM.
PARTICIPATION IN ONLINE CLASSES
You recognize that some classes require physical exertion, which may cause injury, and are fully aware of the risks involved. You warrant that you are physically fit to participate in online classes. If the online class is interactive (i.e. taught by an instructor in “real time”), you will inform the instructor of any changes in your health status that could impact your participation, and will seek medical advice as necessary.
You will follow any class procedures (including dress code and footwear requirements) provided by the instructor. You agree that the instructor may discharge or suspend you if (a) the instructor has concerns about your health and safety; and/or (b) your behaviour may potentially compromise the safety and enjoyment of the other participants.
In consideration of being permitted to participate in exercise classes, you agree to assume full responsibility for any risks, injuries or damages, known or unknown, which you might incur as a result of participating.
LIMITED RIGHT TO USE
UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING ANY OF THE MATERIAL FOUND ON THIS WEBSITE IS PROHIBITED. Baycrest hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, one copy of any material you may download from this site, including but not limited to, any files, codes, audio or images incorporated in or generated by the software (collectively called the “Downloaded Materials”) provided, however, that you must maintain all copyright and other notices contained in such Downloaded Materials. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license or the Downloaded Material and that no title to the Downloaded Materials has been or will be transferred to you from Baycrest or anyone else. You also agree that you will not alter, disassemble, decompile, reverse engineer or otherwise modify the Downloaded Materials.
DISCLAIMER/ LIMITATION OF LIABILITY
Baycrest is not responsible for or liable for any infections or contamination of your system or delays, inaccuracies, errors or omissions arising from your use of the Website or Downloaded Material. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, THE WEBSITE AND THE DOWNLOADED MATERIAL ARE PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. BAYCREST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL BAYCREST BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE OR ACCESS, THE SERVICES AND THE WEBSITE, EVEN IF BAYCREST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless Baycrest, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from (a) your use of the services and the Website; and (b) your breach of these Terms.
APPLICABLE LAWS AND SEVERABILITY
These Terms are governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario. Baycrest makes no representations that the services or the Website is appropriate or available for use in other locations. Those who choose to access the services or the Website from other locations do so at their own risk and are responsible for compliance with any and all local laws.
If any provision of the present Terms shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. A printed copy of these Terms and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.
Except as explicitly stated otherwise or as required by law, you will provide any notices to Baycrest by contacting us in writing or by email at the following address: email@example.com
Baycrest will provide any notices to you by email to the email address you provide Baycrest and will be deemed given upon transmission.
You may not assign these Terms to any third party without our prior written consent. We may assign these Terms or any rights under these Terms to any third party without your consent. Any assignment in violation of this Section will be void. The terms and conditions of these Terms will be binding upon permitted assignees. These Terms will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.
CHANGES TO BAYCREST@HOME TERMS OF SERVICE
These Terms are subject to change or amendment by Baycrest from time to time in its sole and absolute discretion. These Terms will be deemed accepted and applied when a service is purchased or used and every time you access the Website thereafter. Your continued use of the services available through the Website following the posting of revised Terms means that you accept and agree to the changes.
These Terms, along with the Privacy Policies, any other legal notices or statements posted on the Website, constitute the entire agreement between you and Baycrest and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by Baycrest as set forth above.
If you have any questions or comments regarding these Terms please contact us at firstname.lastname@example.org