Terms of service

BetterMed Inc. (“BetterMed”) and/or its licensors owns the intellectual property rights in the website and material on the website. Subject to the license below, all intellectual property rights related to the website are reserved.

If you accept these terms of service, you are granted a limited license to access and make personal use of the website, but not to download (other than page caching) or modify any portion of the website. This license does not include any resale or commercial use of the website, or the contents of the website, any derivative use of the website and/or its respective contents; any downloading or copying of account information for the benefit of a third party not authorized by BetterMed; or any use of data mining, robots, or similar data gathering and extraction services. The website and/or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without BetterMed’s express written consent. Such limited license is subject to these terms of service.

BetterMed may revise these terms of service from time to time, at its discretion. Your continued use of the website following the publication of any revised terms of service will be subject to the terms of service in effect at the time of your use. You agree to check this page regularly to ensure you are familiar with the current terms of service.

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that the password is kept confidential. You must notify us in writing immediately if you become aware of any unauthorized use of your account or password.

You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure. You must not use any other person's user ID and password to access our website, unless you have that person's express permission to do so.

We may disable your user ID and password at any time in our sole discretion with or without notice or explanation.

BetterMed reserves the right to refuse service to anyone for any reason at any time. BetterMed may require any party to provide a deposit to BetterMed as a term of utilizing BetterMed’s services. Any deposit will be held by BetterMed, in a non-segregated, non-interest bearing account, and will be applied by BetterMed against any damages or losses suffered by BetterMed, or to any unpaid amounts owing to BetterMed, at BetterMed’s discretion. Any deposit will be returned, within 30 days of receipt of a written direction by the payor, and upon termination of all services with or by BetterMed.

The Website contains links or references to other websites ("Third Party Sites") and articles, resources, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software (including, without limitation, API software, technology, and platforms), and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not reviewed, investigated, monitored, or checked for accuracy, appropriateness, or completeness by BetterMed, and BetterMed is not responsible for any Third Party Sites accessed through the website or any Third Party Content posted on or available through the website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to, or permitting the use of any Third Party Sites or any Third Party Content does not imply approval or endorsement thereof by BetterMed. If you decide to leave the website and access the Third Party Sites or to use any Third Party Content, you do so at your own risk and you should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website.

You acknowledge that by providing you with the ability to access and view Third Party Content on the Website, BetterMed is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any Third Party Content.

Because BetterMed has no control over the Third Party Sites, you acknowledge and agree that BetterMed is not responsible for the availability of such Third Party Sites, and does not endorse and is not responsible or liable for any Third Party Content, advertising, products, or other materials on or available from such Third Party Sites. You further acknowledge and agree that BetterMed shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, goods or services available on or through any such Third Party Sites.

BetterMed may, from time to time, provide information on the website sourced or based upon information developed or made available by third party providers. Unless otherwise stated, BetterMed does not warrant the accuracy of any such information.

In these terms of service, "your content" means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights.

You warrant and represent that your content will comply with these terms of service.

Your content must not be illegal or unlawful, must not infringe any third party's legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website. Notwithstanding our rights under these terms of service in relation to your content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

Other than Third Party Content (as defined above), all content on the website, including, without limitation, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the exclusive property of BetterMed (or its licensors) and is protected by U.S. and/or international copyright laws.

Except as expressly provided in the "Limited License" section above, your use of and access to the Website does not grant you any license or right to use any of BetterMed's copyrights, trademarks, or trade names.

By using this website and using BetterMed’s services, you warrant that you understand and agree that BetterMed acts solely as an agent in providing referrals to independent persons (“Lenders”) who may agree to enter into a business relationship with you for the provision of financial services. The provision of any services by any Lender is independent of BetterMed, and BetterMed does not control the decisions of any Lender. You acknowledge that the Lenders may require additional information from you, and that decisions by Lenders, including decisions regarding loan approvals, may take more than 90 business days. All loans are subject to decisions by Lenders, and your approval will depend on information including, but not limited to, your income, proof of employment, and assets. BetterMed provides no express or implied guarantee that you will be approved for a loan.

BetterMed shall not be a party to any loan or other financial transaction that you may enter into with Lenders. You agree that all such transactions shall be deemed to take place in the location of the Lender, or in such other place as you and the Lender may agree. Prior to entering into any such transaction, you should ensure that you obtain independent legal advice, and that you fully understand and agree to the terms set by the Lender prior to entering into a business relationship for financial services.

BetterMed may refuse to provide services to any party, including any potential supplier, at its discretion, and may establish, from time to time, minimum standards and requirements of any supplier or other party who BetterMed does business with, at its discretion.

You understand and acknowledge that personal information that you provide, such as social security numbers and detailed financial information, may be used by BetterMed and passed along to third parties for the purpose of loan approvals.

Should you be approved for a loan by a Lender, BetterMed will ensure that any approved loan is subject to a 10-day cooling off period, during which you may cancel the loan upon repayment of any money already advanced to you, if any.

Should you miss five consecutive monthly payments, or should you make an assignment in bankruptcy or become insolvent, you acknowledge that your Lender may, at its discretion, commence collection proceedings against you. If you are having difficulty making payments, you agree that you will make efforts to contact BetterMed to discuss payment arrangements. You may, for all loans obtained through BetterMed, defer payment on your loan for up to three years, interest free. All loans obtained through BetterMed are available for prepayment at any time, with no penalty.

Unless otherwise specified in writing, all references to currencies, monetary values and dollars in transactions with or involving BetterMed shall mean United States dollars, and all payments shall be made in United States dollars, and all currency representations shall be formatted in accordance with United States standards.

Your prompt cooperation in providing necessary documents and information to BetterMed is important to ensuring that BetterMed is able to provide you with the best possible service. Should you fail to provide any requested documentation or information within 30 days of any request by BetterMed, BetterMed may, at its discretion, elect to decline your application due to your failure to respond promptly.

Your application fee paid to BetterMed shall be deemed fully earned immediately upon payment. BetterMed will not, under any circumstances, issue refunds, in part or in whole, once you have provided an application to BetterMed.

You hereby agree that the submission of false or fraudulent information to BetterMed, its agents, or any third parties (including payment processors) by you or on your behalf, is sufficient grounds for BetterMed to terminate its relationship with you, and for BetterMed to cancel any current or future applications you have with or through BetterMed for goods or services.

Except in circumstances where BetterMed acknowledges an error in a charge made against any credit card used by you, you will not initiate a chargeback or dispute of any valid credit card charges made by BetterMed. Any customer who disputes a credit card payment that is found to be valid will be permanently banned from any and all BetterMed services.

This website is provided “as is” without any representations or warranties, express or implied. BetterMed makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, BetterMed does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any medical matter you should consult an appropriate professional.

BetterMed will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website for any direct, indirect, special or consequential loss, for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

If despite the limitation above, BetterMed is found liable for any loss or damage which arises out of or is any way connected with any of the occurrences described above, then its liability shall not exceed the sum of U.S. $100.

You agree to indemnify and hold BetterMed, its representatives, agents, affiliates, and subsidiaries harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the website, your violation of these terms of service, or your violation of any rights of another person or entity.

These terms of service constitute the entire agreement between you and BetterMed and govern your use of the website, superseding any prior agreements between you and BetterMed. A printed version of the terms of service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the terms of service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Your acceptance of the terms of service and use of the website does not create a joint venture, partnership, employment or agency relationship between you and BetterMed. You may not assign, delegate or transfer your rights or obligations under the terms of service and any such prohibited assignment transfer shall be null and void. You also may be subject to additional terms and conditions that may apply when you use or access Third Party Content.

Although transactions connected to your use of the website, and any relationship you enter into with BetterMed, may occur in jurisdictions other than Ontario, Canada, the terms of service and the relationship between you and BetterMed shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Toronto, Ontario, Canada. BetterMed's failure to exercise or enforce any right or provision of the terms of service shall not constitute a waiver of such right or provision.

If any provision of the terms of service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the terms of service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the terms of service by you against BetterMed must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree that all causes of action arising out of or connected with the terms of service shall be resolved individually without resort to any form of class action.

By using this website, you agree to communicate with BetterMed in the English language, unless otherwise agreed to by BetterMed.

These terms of service are to be read in conjunction with the Privacy Policy available on the website. To the extent of any conflict between these terms of service and the Privacy Policy, these terms of service shall prevail.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and/or the country in which you reside.

Date of last revision: 12 January 2019