These Terms of Use set out the terms and conditions under which individuals may use the website or mobile application and access the services offered by ConnexHealth Inc. (“Connex” “Us”, or “We”). These Terms of Use represent a legal agreement between Connex and you, the person accessing and using the website or mobile application (“You“, “Your” or “User“). Connex owns, operates and maintains the ConnexMatch website at ConnexHealth.ca, ConnexMatch.ca and other subsidiary websites, including (collectively referred to as the “Website“), and the ConnexHealth.ca mobile application (the “App“), Website and App are collectively referred to as the “Platform“. By downloading, accessing and/or using the Platform, you are deemed to have read these Terms of Use and you agree to be bound by the Terms of Use which shall govern your access and use of the Platform and all applicable laws and regulations.

IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE SET OUT BELOW, YOU MAY NOT ACCESS OR USE THE WEBSITE OR APP, SHOULD NOT CLICK TO ACCEPT THESE TERMS AND SHOULD NOT PROCEED ANY FURTHER.

1. Description of Services

Connex provides a suite of online services to match individuals and families with various service providers, including, but not limited to, elder care, child care, pet care and professional services such as chiropractors, physiotherapists and massage therapists (collectively referred to as the “Services“). Connex’s Services on Connex allows individuals providing care services (“Provider Member(s)“) or the offices of professional service providers, such as chiropractors, physiotherapists and massage therapists (“Business Care Member(s)”), hereinafter Provider Members and  Business Care Members are collectively referred to as “Service Providers”, to post information profiles on the Website to facilitate matching with those Users who are seeking services (“Client Members“), Provider Members, Business Care Members and Client Members are hereinafter collectively referred to as “Members”.

Connex’s Services facilitate the matching of Client Members and Service Providers by providing search functions to allow Client Members to find the appropriate Service Provider based on their preferences and needs.

Connex is not a party to the relationship between the Client Member and the Service Provider. Connex shall not, in any way, be liable to a Client Member or Service Provider or any other third party, arising, either directly or indirectly from such employment or independent contractor agreement between the parties.

Other than as disclosed in these Terms of Use, Connex does not verify, review, evaluate, interview, screen or perform any background checks on any of its Users or the content posted by the User on the Platform. You assume all risks associated with dealing with other persons whom you come in contact with through the Services of Connex’s Platform.

Please refer to the Website regularly for further information about the Services provided.

2. Becoming a Member

A User who wishes to use the Services available to a Member is required to set up an account (a “User Account” or an “Account”).

When setting up a User Account You will be required to provide specific information and select account credentials (“User Account Credentials”).

You warrant that all information You provide to Us is true, accurate, current and complete, and You agree to maintain and promptly update such information to keep the information true, accurate, current and complete.

You may not transfer or share your User Account Credentials with any other person.

You are solely responsible for maintaining the confidentiality of your User Account Credentials.

You acknowledge and agree that We rely on User Account Credentials to know whether Users accessing the Website and using the Services are authorised to do so.

If someone accesses our Website or Services using Your User Account Credentials, We will:

rely on the User Account Credentials and assume that it is You who is accessing the Website and Services.

You are solely responsible for:

any and all use of Your User Account Credentials and Your User Account;

all activities that occur under or in connection with Your Account Credentials or Your Account; and

any act or omission of any Users that access the Website or Services under Your User Account Credentials.

You agree not to register for more than one Account.

If You create an Account on behalf of a third party, You represent that You have the authority to represent such third party and bind the third party to this Agreement.

For example purposes only, if You are creating an account on behalf of a family member who is seeking home care services, You represent that Your family member has provided You with proper authority to act on his/her behalf and that Your family member will abide by this Agreement.

If you are a Provider member click here for additional information about your account _____________.

If you are a Business Care Member click here for additional information about your account __________.

3. Use License

Connex hereby grants you a limited, non-exclusive, personal, non-transferable, non-sub-licensable and revocable right and license to:

1. access the Platform for the purpose of receiving the Services in accordance with these Terms of Use and
2. access, view and print any information and documentation made available on the Website or App, for your personal, non-commercial and informational use only to assist you in the access and use of the Website or App and the Services.

These Terms of Use do not grant you any other right or license, whether express or implied, by estoppel, or otherwise in or under any patent, trademark, copyright, or other intellectual property or proprietary right of Connex or any third party.

Connex may terminate this license at any time for any reason whatsoever.

4. Personal Information

You agree that your use of the Website and the Services is subject to the terms of our Privacy Policy , which is hereby incorporated by reference into, and forms an integral part of, the Terms of Use or by using the Platform, you expressly consent to the collection, storage, use and disclosure of your information, including your Personal Information, according to the Privacy Policy.

You represent and warrant to Connex that you are at least 18 years of age or have the permission of a parent or legal guardian (if between the ages of 13 – 18), and that you have the full, unrestricted right and authority and have been fully authorized to provide to Connex any and all Registration Data (including any Personal Information) for the purposes of these Terms of Use and that Connex is authorized and permitted to use such data as and to the extent provided in these Terms of Use and the Privacy Policy.

5. Content and Use of Services

 As a Member or any other user of the Services, you agree that the content of information and materials posted on the Website or App by You is accurate, current and complete. In addition, you represent and warrant as follows:

1. You will use the Services provided by Connex solely for yourself and are responsible for all activity and use of your account and may not assign or transfer your account to any other person.
2. You have the right and authority to post all information you post about yourself or others.
3. You will not provide inaccurate, misleading, defamatory or false information to Connex or to any other User of the Website or App.
4. You will not post any content (including, but not limited to, written material, text, photos, or graphical content) on the Website, or transmit to other users, that is defamatory, inaccurate, inappropriate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act.
5. Your use of the Website, App and Services provided by Connex are in accordance with any and all applicable laws and regulations.

6. Application Use

Connex grants you the right to use the App for your personal use.

You must comply with all applicable laws and third party terms of agreement when using the App (e.g. your wireless data service agreement). Your use of the App is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the App. You acknowledge and agree that the App may not contain the same functionality available on the Website. We cannot guarantee the continuous, uninterrupted or error-free operation of the App or that the App will perform at a certain speed, as this depends on a number of factors beyond our control. You agree that downloading, accessing and use of the App is made available to you on an “as is” and “as available” basis for use at your sole risk.

7. Eligibility Criteria

To be eligible to use the Services offered by Connex, you represent and warrant as follows:

1. that you are eighteen (18) years of age or older on the date of creation of your User Account;
2. if you are registering as Service Provider Member, that you are legally permitted to work in the jurisdiction where you are seeking employment; and
3. neither you nor any member of your household may have ever been the subject of a complaint, restraining order or any other legal action or criminal offence involving violence, abuse, neglect, fraud, or any other offence that involves endangering the safety of others, and that you are not registered or currently required to register as a sex offender with any government agency in any jurisdiction.

If you are a Service Provider you will abide by:

1. All of Connex’s policies as posted on the Website from time to time
2. Connex’s Code of Conduct, found here; and
3. Any relevant Code of ethical behaviour that applies to You as a Service Provider.

8. User Accounts and Passwords

To access and use certain features of the Website, you will need to create a profile through the Website (“User Account“). As part of the process to create, register and maintain your User Account you must provide Connex with certain current, complete, and accurate registration information, including your name, e-mail address, age, address, postal code, and phone number, and other data or information that has been requested by Connex during the client account registration process (“Member Data“).

In these Terms of Use, “Personal Information” means any information about an identifiable individual, such as your name, e-mail address, mailing addresses, gender, date of birth, any data about you that you elect to provide electronically through the Platform and any other information that identifies who you are. Member Data and Personal Information will be used by Connex solely in accordance with these Terms of Use and Connex’s Privacy Policy (the “Privacy Policy“). In addition, if you are accessing Connex’s Services through the App, you may be asked permission to access to your location through your mobile device. Access to and use of your location information is consistent with the terms of our Privacy Policy.

You agree that you will:

1. maintain and update such Member Data as necessary in order to keep such information current, complete, and accurate;
2. maintain the confidentiality of any passwords or other account identifiers which you choose or that are assigned to you as a result of any registration or account creation with the Platform; and
3. be responsible for all activities that occur under such password or account.

Further, you agree to immediately notify Connex of any unauthorized use of your password or account in the event that the confidentiality of your password or your account is compromised.

Failure to comply with this paragraph may result in immediate termination of your account.

9. ConnexMatch.ca is a venue

The Website is a venue designed to connect Service Providers with Client Members looking for Services.

Connex agrees to upload to the Website an invitation for the Service Provider to provide Services to Client Members.

Connex will rely upon the information provided by the Service Provider for that purpose.

Connex does not:

1. provide or arrange for services;
2. participate in the interaction between Service Providers and Client Members, except to provide technology to facilitate the interaction, including in relation to the processing of payments on behalf of Client Members to Service Providers; or
3. involve itself in the terms of agreement between Client Members and Service Providers or the regulation of their engagement with each other.

The Service Provider solely decides whether to accept an offer from a Client Member to provide Services.

The Client Member solely decides whether to engage a Service Provider to provide Services.

You understand and agree that Connex:

1. has no control over and is not responsible for the acts or omissions of any Users on or off the Website;
2. makes no representation or warranty regarding the quality of any Services provided by a Service Provider;
3. is not responsible for the accuracy or reliability of any information provided by any User on the Website; and
4. takes no responsibility and has no obligation in contract or duty of care to manage or involve itself in any interactions between Users or in respect of any agreement between Client Members and Service Providers.

Service Providers warrant and represent to Connex and any Client Member who engages them that:

1. they are capable of providing, and where relevant, qualified to provide the Services;
2. they are not prohibited from providing the Services; and
3. the information provided by the Service Provider Member is true and not misleading.

10. Member Verification

You understand that Service Providers may make representations to You about themselves via the Website, or in other communications.

You are responsible for making Your own decision regarding the Service Providers that You engage to provide Services through the Website.

ConnexHealth Inc. is not required to verify information made by a Service provider Member, and You are solely responsible for sighting original documents to verify any representation that a Client Service Member has made. You should obtain any additional information required to make an informed decision prior to utilising any specific Service Provider to provide Services.

You understand and agree that we have the right, but not the obligation to independently verify any statement made by any Member on the Website and verify that any Member meets any of the eligibility criteria established by Connex from time to time.

You hereby represent, understand and expressly agree that Connex does not have control over, or assume any responsibility for, the quality, accuracy, or reliability of the information provided by any third-party verification service.

Connex may make use of third-party verification services to verify information of Members. In the event that Connex chooses to verify the representations and warranties, or any information provided by a Member through the Website, You hereby authorize Connex to verify such information, and use or disclose any information in order to accomplish such verification. Verification may include, without limitation, conducting the following searches and checks:

1. criminal history checks;
2. worker screening checks;
3. motor vehicle records checks;
4. identification verifications;
5. credential verification;
6. credit checks; and/or
7. using available public records to conduct searches and checks.

11. Contract for the Services

Connex does not employ or contract Service Providers. It provides a platform through which Client Members may engage Service Providers directly.

Connex does not employ or contract Service Providers. It provides a platform through which Client Members may engage Service Providers directly.

The Service Provider Member must contract directly with the Client Member for the provision of the Services. Connex will not be a party to that contract.

By using the Connex Website you agree that you will observe and comply with all regulations relating to the engagement of Service Provider, including any applicable workplace laws.

Connex does not involve itself in regulating or managing these issues and by using the Website you warrant that you have made yourself aware of the requirements under applicable workplace and occupational health and safety laws which may apply to the engagement between a Client Member and Service Provider Member.

The contract between the Service Provider and the Client Member for the provision of the Services must:

1. require the Service Provider Member to charge for the Services at an Agreed Rate;
2. permit Connex to issue an invoice for Services on behalf of the Service Provider Member at the completion of each Service and debit the Client Member’s nominated bank account or credit card or collect payment from the Client Member’s nominated funding party;
3. require the Members to comply with any relevant code of conduct and ethical behaviour, in addition to Connex’s Code of Conduct; and
4. be able to be terminated by either party at will, with no notice period unless otherwise specified in the agreement between the parties.

 The Client Member warrants to the Service Provider that they have inspected their premises and that it is a safe work environment for the Service Provider to provide the Services requested by the Client Member.

The Service Provider warrants that they have the qualifications and skills to deliver the Services requested by the Client Member and that each time they arrive at the premises of a Client Member, they will inspect the premises and any equipment to ensure it is a safe work environment.

If a Client Member wishes to connect with a Service Provider or seek services from a Service Provider, the Client Member will need to provide the following information through the Website:

1. information regarding the type of Services requested to be provided by the Service Provider Member;
2. personal and household information; and
3. payment information and his or her consent to the debiting or charging of any fees owed to a Service Provider and the Platform Fee, along with any taxes in connection with the contracting of the Service Provider Member.

If a Provider Member wishes to accept an offer from a Client Member for the provision of Services, the Provider Member must provide the following information to Connex through the Website:

1. information regarding the type of Services the Provider Member is qualified and willing to provide;
2. personal information; and
3. payment information and his or her consent to the debiting or charging of the Provider Member Fee, and the depositing of any amounts owed to the Provider Member from fees paid for Services, net of any fees payable to the Provider Member to Connex.

After a Service Provider Member and a Client Member have reached an agreement, the contracting of the Provider Member by the Client Member will begin. At this time Connex will:

1. release personal information about the Service Provider (including the surname of the Service Provider and contact details) to the Client Member; and
2. release personal information about the Client Member (including the surname of the Client Member and contact details) to the Service Provider.

If a Business Care Member wishes to accept an offer from a Client Member for the provision of Services, the Business Care Member must provide the following information to Connex through the Website:

1. information regarding the type of Services the Provider Member is qualified and willing to provide;
2. information about the office at which the Services are provided; and
3. his, her or it’s consent to the debiting or charging of the Business Care Member Fee.

If a Business Care Member consents, the Website will allow Client Members to book appointments with the Business Care Member directly through the Website. For more information about this service provided to Business Care Members click here.

After a Service Provider Member and a Client Member have reached an agreement, the contracting of the Provider Member by the Client Member will begin. At this time Connex will:

1. release personal information about the Service Provider (including the surname of the Service Provider and contact details) to the Client Member; and
2. release personal information about the Client Member (including the surname of the Client Member and contact details) to the Service Provider.

12. Relationship between the parties

The Service Providers are not partners, employees or agents of ConnexHealth Inc..

You, as a Service Partner, acknowledge that You are not legally affiliated with ConnexHealth Inc.

No independent contractor, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created between You and Us by Your use of the Website or Services or by this Agreement.

ConnexHealth Inc. is not an employment service or agency.

The Service Providers must comply with all applicable laws and regulations relating to the provision of the Services as set out in Connex’s Code of Conduct, see here.

Members must always act in good faith in their relationship with Connex and not do anything contrary to the interests of Connex.

Connex will not give the Service Provider Member any direction about the provision of the Services.

Connex is not liable for any injury, loss or damage suffered by the Service Provider Member or Client Member in the provision of the Services.

13. Payments

Limited access to the Website is available free of charge to Visitors.

Client Member Fees

By becoming a Client Member, the Client Member agrees to pay ConnexHealth Inc.:

1. the Service Provider Fee, which Connex will accept on behalf of the Service Provider Member;
2. the Platform Fee, which is set at five (5) percent per transaction between a Client Member and a Service Provider; and
3. any other costs reasonably incurred by Connex in enforcing its rights under this Terms of Use Agreement.

In exchange for the Services the Client Member authorises Connex to deduct from the Client Member’s nominated bank account or credit card the Service provider Member Fee and the fees owed for any Services

Provider Member

By becoming a Provider Member, the Provider Member agrees to pay ConnexHealth Inc.:

1. 15% of all transactions between a Client Member and Service Provider; and
2. pay any other costs reasonably incurred by Connex in enforcing its rights under this Agreement.

Business Care Member

By becoming a Business Care Member, the Business Care Member agrees to pay ConnexHealth Inc.:

1. 15% of all transactions between a Client Member and Service Provider; and
2. pay any other costs reasonably incurred by Connex in enforcing its rights under this Agreement.

As soon as practicable after the performance of any Services, the Service Provides must generate via the Website an electronic service log, that includes the start time, end time and any service notes for the relevant Service.

The Client Member is required to review the service log and immediately accept or reject the service log.

The Client Member is deemed to have approved the service log by not rejecting the service log within the expiration of a review period (currently being 24 hours following the creation of the service log), after which time Connex, will accept the service log as being approved by the Client Member.

Where the Client Member has nominated payment by credit or debit Card or direct debit of a bank account, the service log will have an Invoice attached. Where the Client Member approves or is deemed to have approved the service log, Connex will accept the Invoice as being approved by the Client Member.

Following actual or deemed approval of the Invoice attached to a service log, Connex will deduct the fees owed for Services on behalf of the Service Provider.

Where the Client Member has nominated payment by Invoice, service logs that are approved during the Invoice period will be included in the Invoice and the Invoice will be issued to the party nominated by the Client Member as holding their funds in accordance with the procedures implemented by Connex from time to time.

Invoices issued under this Agreement have 7 day payment terms and time is of the essence.

If you fail to pay an amount in accordance with this Agreement (for example, if your Credit Card is declined), Your Account may be suspended and you may be charged a non-payment fee by Connex and charged other amounts by the issuer of your nominated Bank Account or Credit Card.

If your existing Nominated Bank account or Credit Card is cancelled, suspended or is otherwise not usable, you must immediately provide Connex with details for an alternative Nominated Bank account or Credit Card which can be used to meet your obligations under this Agreement.

Connex will:

1. provide to the Service Provider Invoices which are issued under this Agreement on their behalf; and
2. remit to the Service Provider the Service Provider Fees that have been collected from the Client Member on their behalf.

All payments relating to Services provided by a Service Provider to a Client Member must be made through the payment channels provided or specified by Connex, and in accordance with this Agreement.

14. Banks account details

Each Service Provider and each Client Member is solely responsible for the accuracy of his or her bank account or credit card details that it provides to Connex, including the bank account number or the credit card details.

Connex expressly disclaims all liability related to errors in fund deposits due to inaccurate or incomplete bank details or credit card details being submitted by a Service Provider and/or Client Members.

15. Banks and financial institutions

Connex is not responsible for and will not reimburse any fees incurred by any Service Provider or Client Member from their bank or other financial institution, including without limitation overdraft charges, insufficient funds charges, interest charges, or finance charges, which may have occurred as a result of charges billed by Connex.

The Service Provider Member or Client Member agree and/or acknowledge that:

1. they will not receive interest or other earnings on the funds that Connex handles on their behalf;
2. Connex may receive interest on funds that Connex handles on their behalf;
3. Connex will not hold funds transferred to Connex in accordance with the terms and conditions of this Agreement for the purposes of Services in a separate account;
4. Connex may commingle and deposit funds transferred to Connex in accordance with the terms and conditions of this Agreement with funds of Connex in any account, at any institution, or in any other manner Connex may decide in its sole discretion from time to time;
5. such commingled funds could be used to pay other Service Providers, and by Connex for general corporate purposes or otherwise, provided that Connex will remain obliged to make payment to the Service Provider for fees owed for Services rendered in accordance with the terms and conditions of this Agreement; and
6. to the extent Connex is obliged to make payment to a Service Provider, the Service Provider Member will be an unsecured creditor of Connex.

16. Payment processing, payment errors and chargebacks

Connex may use third party payment processing services to process bank account information and payments.

Connex reserves the right to correct any errors in the payment of fees even if it has already requested and/or received payment.

A Client Member will remain responsible for the Platform Fees, and any other applicable fees, in connection with any refund or chargeback of a payment for Services.

Connex expressly disclaims any and all liability for any claims or damages related to Connex’s use of third party payment processing services and such transfers, including without limitation any damage that may result should any such information be released to any third parties.

17. Payment channels and avoiding payment

You are strictly prohibited from attempting to negotiate any fees or payments in respect to Services directly with another Member outside the site or avoiding fees implemented by Connex as outlined in this document or as disclosed anywhere else on this Website.

The Service Provider must not provide Services to any person to whom the Service Provider Member was introduced by the Website without reporting to Connex in respect to each Service session, in the terms prompted by the Website and in accordance with this Agreement or directly invoice a Client Member, or accept any payment from a Client Member for the provision of Home Services.

The Service Provider must account to Connex for any amount received from a Client Member for any Services.

A Client Member must not make payment for Services directly to a Service Provider.

Any action that encourages or solicits complete or partial payment outside of the Connex system is a violation of this Agreement.

Should a Service Provider or Client Member be found in violation of this clause 17 of these Terms of Use, they will be required to pay Connex fees equal to the greater of $1,000 or the applicable fees that would have been payable to Connex under the terms and conditions of these Terms of Use had the Services been provided in accordance with these Terms of Use.

You shall immediately notify Connex if a User requests that payment be made directly or through any channels other than those provided or specified by Connex.

Prior to a confirmed engagement for Services, Users agree not to post their e-mail address, phone numbers, Skype ID, or other contact details on the Website, except in the specific contact fields of the signup forms, or when asked by Connex or make direct contact with another User outside of the Connex Site.

18. Cancelling your Membership and Cancellation Policy

Provider Member and Business Account Member accounts will run from month to month and will renew automatically at the end of each monthly period. Provider Member and Business Account Member fees paid by Service Providers are non-refundable and auto-renew monthly unless cancelled prior to the monthly subscription renewal date, being the last day of each month that a Service Provider is a User. Users can cancel their subscription through the user’s account settings and manually cancelling the membership. If you wish to cancel your membership, contact us.

Client Members may cancel their membership at any time by sending Connex an email or cancelling it from the Settings page.

19. Intellectual Property

The Platform and all intellectual property rights in the Platform are owned by Connex.

Connex reserves all intellectual property rights, including but not limited to, copyright, trade-marks, domain names, design rights, brand elements, database rights, patents, and all other intellectual property rights of any kind, whether registered or unregistered.

20. Trade-marks

 All brand elements, company name, website names, logos, registered and unregistered trade-marks displayed on the Platform or used in connection with the Services are the trade-marks of Connex (or its suppliers, partner businesses or third party licensors).

Any use or misuse of any trade-marks or brand elements of Connex or any other content appearing on the Platform or in connection with the Services except as provided in these Terms of Use or with the express written consent of Connex is strictly prohibited.

Nothing contained on the Platform shall be construed as an express or implied grant of any license or right to use any trade-mark or brand element without prior written consent of Connex.

21. Use Restrictions

 In addition to complying with these Terms of Use, you agree to use the Platform and Services for lawful purposes only and in a manner consistent with all applicable local, national or international laws and regulations, including all privacy and personal information laws.

The Website and any Services shall not be used where, and to any extent, such use is prohibited by law.

Connex encourages all Users to report any misconduct, misuse or unlawful activities of other Users, including, but not limited to activities on the Platform and in connection with the Services provided.

Please contact Connex at [NTD: Confirm support@connex.com]

22. Termination of Registration

Connex reserves the right, in its sole discretion, to terminate your account or access to part or all of Connex’s Website , App and/or Services in the event that Connex determines you are not eligible to use the Services or have violated any of the provisions of the Terms of Use, or have misused the Website, App or Services in any way.

23. Limitation of Liability

 YOU ACKNOWLEDGE THAT ANY USE OF OR RELIANCE ON THIS WEBSITE OR THE SERVICES IS COMPLETELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL CONNEX BE LIABLE TO YOU OR TO ANY OTHER PARTY, FOR ANY LOSSES, COSTS OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF (OR THE INABILITY TO USE) THE PLATFORM, SERVICES, OR ANY CONNEX CONTENT OR THIRD PARTY CONTENT (REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, EQUITY, STRICT LIABILITY, BY STATUTE OR OTHERWISE AND REGARDLESS OF THE OCCURRENCE OF A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE).

Connex’s services facilitate the matching of Client Members and Service Providers by providing search functions to allow Client Members to find the appropriate Service Provider based on their preferences, needs, and location. Connex is not a party to THE RELATIONSHIP BETWEEN A CLIENT MEMBER AND SERVICE PROVIDER and shall not, in any way, be liable to a Client Member or Service Provider or any other third party, arising, either directly or indirectly from such employment or independent contractor agreement between the parties.

IN NO EVENT WHATSOEVER SHALL ANY OF CONNEX, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND THIRD-PARTY CONTRACTORS, SUPPLIERS AND LICENSORS (COLLECTIVELY THE “CONNEX PARTIES“) BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF PLATFORM OR THE PROVISION OF THE SERVICES (INCLUDING IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM THE PLATFORM OR THE USE OF, OR RELIANCE ON, ANY CONNEX CONTENT OR OTHER INFORMATION OR DATA CONTAINED ON OR PROVIDED THROUGH THE PLATFORM, OR SERVICES, OR LOSS OF OR DAMAGE TO FILES OR DATA OR ANY COSTS OF RECOVERING OR REPRODUCING ANY FILES OR DATA OR LOSS OF USE OR LACK OF AVAILABILITY OF SERVICES OR ANY BUSINESS INTERRUPTION OR LOSS OF REVENUE OR PROFIT OR ANY OTHER ECONOMIC LOSS WHATSOEVER) HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION AND WHETHER OR NOT FORESEEABLE, EVEN IF THE CONNEX PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.

24. Indemnification

 You agree to indemnify and hold Connex, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of the Users use of or conduct respecting the Services, and Platform.

25. Miscellaneous

Governing Law

The Platform is administered by Connex from a site that is located in Ontario, Canada.

You acknowledge and agree that your use of the Platform and all of the communications, transmissions and transactions associated with the Website and/or App and the provision of the Services shall be deemed to have occurred in the Province of Ontario, Canada. You agree that these Terms of Use shall be exclusively governed by, construed and interpreted in accordance with the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein. In the event of a dispute under these Terms of Use, such dispute shall be resolved in the Courts of the Province of Ontario.

Language

It is the express will of Connex that these Terms of Use and all related documents on the Platform are in English.

Non-assignment

These Terms of Use are not assignable, transferable, or to be sub-licensed by you except with Connex’s prior written consent. Connex may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

Modifications of Terms of Use

Connex may revise these Terms of Use at any time without notice. By using the Platform, you are agreeing to be bound by the current version of the Terms of Use and Privacy Policy updated November 14, 2019.

The content and material appearing on the Platform could include technical, typographical or photographic errors. Connex does not warrant that any of the materials provided are accurate or current.

Links to External Websites

 The links on the Platform to other websites or resources, including those operated by parties other than Connex are provided for your convenience. Connex is not responsible for the availability of such websites or resources and does not endorse or accept responsibility for the content of such external websites or resources and has no responsibility for or control over the terms of service or privacy policy (if any) of the operators of the external websites or resources.

Your access and viewing of any third party websites or resources is conducted at your own risk.

Website, App and Services Provided “As Is”

YOU UNDERSTAND AND AGREE THAT THE PLATFORM, THE SERVICES, ANY CONTENT AND OTHER INFORMATION, DATA AND MATERIALS AVAILABLE ON THE WEBSITE, APP OR PROVIDED AS PART OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

26. Contact Us

If you have any questions about the Terms of Use, or need to provide notice to, or communicate with, Connex under the Term of Use, please contact Connex by clicking Contact Us , or by delivery in person, by courier or by the mail, to Company at:739 D’Arcy St Cobourg, ON K9A0H6