TERMS AND CONDITIONS

Last Updated: October 1, 2022

Effective: These Terms of Use are effective as of the date of your first use of the Services.

Brite Bite Kids Dental & Orthodontics (“Brite Bite”, “we”, “us” or “our” and terms of similar meaning) provides the “Brite Bite” website located at www.britebite.ca (“Site”). We refer to the services provided by or through Brite Bite and the Site as the “Services”.

It is important that you have read and understood the present Terms of Use in conjunction with our Privacy Policy.

These Terms of Use, together with the Brite Bite Privacy Policy (collectively, the “Terms”, as may be amended from time to time), govern your use of Brite Bite, the Site, and the Services.

General

Please read these Terms carefully before using the Services. By accessing or using the Services, you agree that you have read, understand, and agree to be legally bound by these Terms. You state that you possess all the necessary legal authority to accept these Terms on behalf of yourself. If you do not agree to be bound by these Terms in their entirety, you may not use the Services.

Change and Modifications

We reserve the right to, at our sole discretion, modify, discontinue or terminate the Site, Services or Brite Bite or to modify these Terms, at any time and without prior notice. Unless otherwise specified, any modifications to these Terms will be effective immediately upon being posted, and your continued use of the Services following any such modifications will be deemed acceptance thereof. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the ‘last updated’ date at the top.

If you do not agree to the modified Terms, you must stop using the Services.

Data Protection

Protecting your privacy and any data relating to you (“Personal Data”) is immensely important to us. For that reason, any of your Personal Data collected or generated by the use of the Services will only be collected, stored and processed by us in accordance with our Privacy Policy which is incorporated into these terms by this reference. By accessing or using the Services, you agree that we can collect and use your Personal Data in accordance with the Privacy Policy. We strongly recommend that you read and ensure you understand our Privacy Policy prior to using the Services.

Eligibility

If you intend to use the Services on behalf of a company, partnership, association, government or any entity or organization (“Organization”), then such use may not be undertaken pursuant to these Terms but must rather be undertaken pursuant to a Services Agreement agreed to by the Organization.

Accounts

Any account that you open with us is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your account.

You may be asked to create, or you may receive a password and username designation upon completing the registration process. Such passwords or usernames will be for the exclusive and non-transferable use by you. You are responsible for safeguarding the confidentiality of the password and you are fully responsible for all activities that occur under your password or account. We are not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.

You agree that you will not use another person’s and entity’s information including username, password, or other account information. You also agree to notify us promptly of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to Services.

If there is an indication that you are in breach of these Terms, or that your account has been compromised, Brite Bite may suspend, restrict, or remove your access to the Services immediately without prior notice. Brite Bite may also remove your account or restrict your access to the Services if you have not accessed or utilized the Services for more than six (6) months.

Our Content and Intellectual Property

In these Terms the content and materials, including without limitation software, information, data, logos, marks, designs, images, text, graphics, buttons, domain names, meta-tags and the general ‘look and feel’, contained in or available through the Services (including, without limitation, Brite Bite and the Site) is called “Content”.

Other than your User Content (defined below), all Content and all software available on or in respect of the Services or used to create and operate the Services (including, without limitation, Brite Bite and the Site), and any future updates, upgrades and new versions thereof is the property of Brite Bite or its licensors, and is protected by Canadian and international intellectual property laws, and all rights to the Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Brite Bite reserves all rights in and to the Content, the Services, Brite Bite and the Site not expressly granted to you under these Terms. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Brite Bite.

Except as expressly permitted above, any access to or use of any portion of the Services or Content (including, without limitation, Brite Bite and the Site) is strictly prohibited and will terminate the licenses granted in this Section, these Terms, and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The licenses in this Section are revocable by Brite Bite at any time.

You represent and warrant that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties or violate any applicable law.

User Content

Your User Content is your property. Our only right to your User Content is the limited license to it granted in these Terms.

Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the sole discretion to remove, screen or edit without notice any User Content posted or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services. If you authorize third parties to access your User Content through the Services, you agree that we are permitted to provide to them the User Content and agree that we have no responsibility or liability for their use of such User Content.

By making your User Content available on or through the Services you hereby grant to Brite Bite a permanent, non-exclusive, transferable, sublicensable, worldwide, royalty-free, fully paid-up license to use, copy, modify, publicly display, publicly perform, reproduce, distribute, adapt, translate, create derivative works from, and distribute your User Content, in whole or in part, in any media in connection with operating, providing, developing and improving the Services and Content to you, including new services that we may provide in the future. All such use will, to the extent your User Content contains personally identifiable information, be in accordance with our Privacy Policy.

You represent and warrant that you own and control all of the rights to your User Content, or you otherwise have the lawful right to use your User Content, in connection with the Services, and that such use does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

You represent and warrant that the use and provision of your User Content on the Service will not

(i) infringe, misappropriate, or violate a third party’s rights.

(ii) violate any applicable law or regulation or would give rise to civil liability; or

(iii) be fraudulent, false, misleading, or deceptive. Brite Bite assumes no liability for your User Content (including without limitation maintaining a backup of your User Content) and you are solely responsible for any liability arising from or related to any of your User Content.

Information Security

We take reliability and security seriously and put a great deal of effort into ensuring that our service operates all the time, and that it is a secure environment for your data. We use what we believe to be “best-of-class” hosting services and security technologies and services that we believe provide you with a secure and safe environment.

However, no system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use the Services, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.

Payment

Any of the Services may be or may become subject to payment of fees. If any fees are charged, these will be notified separately, and we may set out further terms applying to such payments.

Links

The Services may prompt or contain links to websites, applications or other products or services operated by other service providers (“Third Party Apps”). We do not endorse, monitor, or guarantee the quality, reliability, or suitability of any such Third-Party Apps, which are subject to separate terms of use and privacy policies between you and the service providers that provide the Third-Party Apps. We are not responsible or liable for any matters, losses or damages relating to your downloading, use or transactions with such Third-Party Apps that may be accessible via the Services.

The Services may also prompt or contain third party advertisements. All such advertisings are paid for by the relevant third-party advertiser and are not recommendations or endorsements by the Company or its affiliates. You should refer to the relevant advertiser for information on its products and/or services. We have responsibility or liability for in respect of such third-party advertisements. Any use of and reliance on such information is at your own risk.

Feedback Policy

Should you submit any comments or feedback to us, you agree that we can use, reproduce, and exploit them without any restriction and compensation to you, unless otherwise agreed between you and Brite Bite.

Notifications

You may receive notifications, emails, text messages, alerts, and other electronic communications during your use of the Services for the purpose as we may need to provide you with certain notifications, such as announcement regarding service changes or policy changes. We are not responsible for any fees which may be charged by your carrier regarding these communications. Any such communications will be in accordance with applicable law requirements.

Termination

These Terms will apply to your use of the Services until your access or use is terminated by either you or us. You may terminate your use of the Services at any time.

It is our right to suspend or deactivate your account or ban your access to all or certain aspects of the Services, or to terminate these Terms, at any time and without notice or liability to you, at our sole discretion. We reserve the right to delete or remove any of the data or information related to your account, except that we may only retain and use your User Content in accordance with these Terms and, to the extent your User Content includes personally identifiable information, the Privacy Policy and applicable laws and regulations.

If these Terms expire or terminate for any reason, provisions relating to privacy, confidentiality, ownership and protection of intellectual property, information security, indemnities and limitations of liability, governing law and dispute resolution, effects of termination, and any rights and obligations under these Terms which by their nature should survive, will remain in effect after termination or expiration of these Terms.

Limitation of Liability; Indemnity

You waive and shall not assert any claims or allegations of any nature whatsoever against Brite Bite, its affiliates or subsidiaries, their Suppliers, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Brite Bite Solution or any Third Party Apps, including, without limitation, any claims or allegations relating to infringement of proprietary rights, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Brite Bite Solution or any Third Party Apps. You use the Brite Bite Solution or any Third-Party Apps at your own risk.

Without limiting the foregoing, neither Brite Bite nor any other Released Party shall be liable for any direct, special, indirect, incidental, exemplary, punitive, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Brite Bite Solution or any Third Party Apps, including without limitation any damages caused by or resulting from your reliance on the Brite Bite Solution or any Third Party Apps or other information obtained from Brite Bite or any other Released Party or accessible via the Brite Bite Solution or any Third Party Apps, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Brite Bite or any other Released Party’s records, programs or services.

In no event shall the aggregate liability of Brite Bite, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Brite Bite Solution exceed any compensation paid by you for access to or use of the Brite Bite Solution during the three months prior to the date of any claim. In no event shall Brite Bite have or incur any liability, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability or other theory, arising out of or relating to the use any Third-Party Apps.

You will indemnify and hold harmless Brite Bite and any Released Parties from and against any claims, lawsuits, demands, disputes or investigations brought by any third party, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with: (i) your access to or use or misuse of the Services, (ii) your User Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party (collectively, “Indemnified Claims”).

Brite Bite reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Indemnified Claims. You agree to reasonably cooperate as requested by Brite Bite in the defense of any Indemnified Claims.

Governing Law and Dispute Resolutions

The Services are controlled by Brite Bite and operated by it from its offices in Toronto, Ontario. You and Brite Bite both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and Brite Bite explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Brite Bite Solution (or any component thereof) will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.

Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) involving Brite Bite and arising out of or relating to

(i) these Terms; (ii) the Brite Bite Solution (or any component thereof); (iii) oral or written statements, advertisements or promotions relating to these Terms or to the Brite Bite Solution (or any component thereof); or (d) the relationships that result from these Terms or the Brite Bite Solution (or any component thereof) (collectively, a “Claim”), will be referred to and determined by a sole arbitrator (to the exclusion of the courts). If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.

To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

If you choose to access the Services from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Brite Bite and the other Released Parties for your failure to comply with any such laws.

General Terms

Except as otherwise stated herein, the Privacy Policy and these Terms shall constitute the entire agreement and understanding between you and Brite Bite for the use of the Brite Bite Website and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Brite Bite regarding your use thereof. You agree that you will have no claim against us for any statement which is not explicitly set out in these Terms. If for any reason, a provision of these Terms is determined to be invalid or void, and unenforceable, it shall be excluded, and the other provisions remains in full force and effect. Brite Bite’s failure or delay to enforce any right or provision of these Terms will not be considered a waiver of those rights. Brite Bite may assign any or all of its rights hereunder to any party without your consent. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only.

Contact Us

The Services are operated and provided by Brite Bite Kids Dental & Orthodontics. If you have any questions about these Terms or the Services, please email us at info@britebite.ca.