1. Your Agreement.
In these Terms, the terms “we”, “us”, “our” and “Baycrest” refer to The Jewish Home for the Aged (“JHA”).
Baycrest@Home is a program of the JHA.
2. Third-party services; Linked Sites. Our Website and Programs may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. When you use third-party services, their terms and privacy policies govern your use of those services. 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.
3. Legal and Acceptable Use. You agree to use our Website and Programs only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Website or Programs in ways that violate or infringe the rights of Baycrest, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights. For example, you must not (a) gain or try to gain unauthorized access to our Website, Programs or related systems; (b) disrupt the integrity or performance of our Website or Programs; (c) create accounts for our Website or Programs through unauthorized or automated means; (d) collect information about our users in any unauthorized manner; (e) sell, rent, or charge for our Website or Programs; or (f) engage in conduct or post any content that is abusive or harassing to Baycrest employees, agents, contractors or other Baycrest@Home users.
UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING ANY OF THE MATERIAL FOUND ON THE 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 the Website, 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 Materials 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.
4. Payment Terms and Cancellation.
Fees for any paid Programs, if applicable, are charged on a monthly basis. Where applicable, you agree to pay the monthly fees for paid Program(s) you are enrolled in (plus applicable taxes) when due.
In some cases, you may be given the option to pre-pay for multiple months (“Prepaid Period”). At the end of the Prepaid Period, your account will automatically renew and be charged on a monthly basis thereafter at the same rate unless/until you cancel your account in accordance with this section.
Free trials or other promotions are only valid within the specified time frame of the free trial or promotion. You may be required to have a valid payment method on file in order to initiate a free trial. At the end of the free trial or promotion period, your account will automatically renew and be charged on a monthly basis thereafter at the then-applicable non-promotional rate unless/until you cancel your account in accordance with this section.
You may cancel your account by calling Baycrest at 1-647-576-4663. If you cancel less than ten (10) days before the next monthly billing cycle, you will be charged for that next month and then your account will terminate. If you have a prepaid account, you will receive a refund for any remaining prepaid months following termination.
Notwithstanding the foregoing, if you cancel your account within the first ten (10) days after your initial enrollment, you will receive a full refund.
All payment information that you provide must be accurate, including credit card number and expiration date, and any other payment information. You are responsible for keeping your payment information up-to-date and must promptly notify Baycrest if your payment method is cancelled or changed.
Changes to Fees. You agree that Baycrest may change the fees on providing you sixty (60) days’ notice to the email address provided by you to us (the “Notice Period”). Unless you terminate your account within the Notice Period you will be deemed to have accepted the change in fees.
Bill Inquiries. If you believe that you have been billed in error for any Program(s), 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.
Baycrest may terminate or suspend your account immediately if you have an unpaid account or if you have violated these Terms. In the case of an unpaid account, we will use reasonable efforts to contact you regarding your unpaid account prior to terminating your account.
5. Not for Emergencies. DO NOT USE THE PROGRAMS 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.
6. Not Medical Advice. THE INFORMATION CONTAINED ON THE WEBSITE OR IN THE DOWNLOADED MATERIALS, OR PROVIDED IN CONNECTION WITH ANY PROGRAMS, IS PROVIDED AS AN INFORMATION RESOURCE ONLY AND IS NOT TO BE USED OR RELIED ON FOR ANY DIAGNOSTIC OR TREATMENT PURPOSES. THE PROVISION OF THAT INFORMATION DOES NOT CREATE ANY PATIENT-PHYSICIAN RELATIONSHIP AND SHOULD NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS AND TREATMENT.
PLEASE CONSULT YOUR HEALTH CARE PROVIDER BEFORE PARTICIPATING IN ANY PROGRAMS, MAKING ANY HEALTH CARE DECISIONS OR FOR GUIDANCE ABOUT A SPECIFIC MEDICAL CONDITION. BAYCREST EXPRESSLY DISCLAIMS RESPONSIBILITY, AND SHALL HAVE NO LIABILITY, FOR ANY DAMAGES, LOSS, INJURY, OR LIABILITY WHATSOEVER SUFFERED AS A RESULT OF YOUR RELIANCE ON THE INFORMATION CONTAINED ON THE WEBSITE OR IN DOWNLOADED MATERIALS, OR PROVIDED IN CONNECTION WITH ANY PROGRAMS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES.
7. Participation in Online Classes. You recognize that some Programs require physical exertion, which may cause injury, and are fully aware of the risks involved. By enrolling in a Program, you represent and warrant that you are physically fit to participate in online Programs. If the online Program is interactive (i.e., taught by an instructor in “real time”), you must inform the instructor of any changes in your health status that could impact your participation, and will seek medical advice as necessary.
You must 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 any Program, you agree to assume full responsibility for any risks, injuries or damages, known or unknown, which you might incur as a result of participating.
8. Availability of Our Website and Programs. Our Website may be interrupted, including for maintenance, upgrades, or network or equipment failures. We may discontinue some or all of our Website and Programs, including certain features and the support for certain devices and platforms, at any time. Baycrest does not warrant that the Website will be operational, error-free or secure, or will function without disruptions delays or imperfections.
9. Loaned Tablet. In certain circumstances, Baycrest may loan you a tablet for you to use to access the Website and/or Programs (“Loaned Tablet”). By taking a Loaned Tablet, you agree to the following terms: (a) the Loaned Tablet will at all times remain the property of Baycrest and is provided to you only on a loaned basis; (b) the Loaned Tablet is provided solely for you to access the Website and/or Programs and you won’t use it for any other purpose; (c) you will return the Loaned Tablet to Baycrest upon request; and (d) Baycrest does not warrant that the Loaned Tablet will be operational, error-free or secure.
10. Disclaimer / Limitation of Liability. Baycrest is not responsible for or liable for any viruses or contamination of your computer 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 PROGRAMS, THE WEBSITE AND THE DOWNLOADED MATERIAL ARE PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS AND 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 PROGRAMS OR 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.
11. Indemnity. 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 Programs, Website or Downloaded Material; and (b) your breach of these Terms.
12. No Waiver; Severance. If we fail to enforce any of our Terms, that does not mean we waive the right to enforce them. If any provision of the Terms is deemed unlawful, void, or unenforceable, that provision shall be deemed severable from our Terms and shall not affect the enforceability of the remaining provisions.
13. Governing Law and Jurisdiction. These Terms, and the Website and the Programs and your use thereof, are governed by the laws of the Province of Ontario and the laws of Canada applicable therein. 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. 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.
14. Notice. 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: firstname.lastname@example.org
Baycrest will provide any notices to you by email to the email address you provide Baycrest and will be deemed given upon transmission.
15. Assignment. 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.
17. Entire Agreement. These Terms, along with any other legal notices or statements posted on the Website, constitute the entire agreement between you and Baycrest with respect to the subject matter hereof 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.
18. Contact. If you have any questions or comments regarding these Terms please contact us at email@example.com
B. Privacy Terms.
19. Purpose of Privacy Terms. The purpose of these Baycrest@Home privacy terms is to describe how information about you or that could identify you, including personal health information (collectively your “Personal Information”) is collected, used, shared and retained by Baycrest in connection with your use of the Website and your participation in Programs. These privacy terms are in accordance with, and governed by, the Baycrest Privacy Code (available at https://www.baycrest.org/Baycrest/Coming-to-Baycrest/Information-Privacy/Privacy-Code).
By accessing, browsing, registering with or otherwise using any part of this Website, or materials available on the Website (“Materials”) or participating in a Program, you agree that we may collect, use and share your Personal Information as described herein.
20. Types of Data We Collect from You. By using the Website and/or participating in Programs, Baycrest collects the following Personal Information from you:
(a) Contact Information.
You may be asked to provide your name, address, email address, phone number.
(b) Health Information.
You may be asked to provide information about your health or medical history.
(c) Payment Information.
For any paid Programs that you provide payment for through the Website, we collect your payment information, including credit card information, using a third-party payment-processing service.
(d) Automatically-Collected Information.
21. Use of Personal Information. Baycrest may use your Personal Information for purposes related to client care; to operate and manage Baycrest’s Programs; to process payments for Programs; to conduct research, service evaluation and quality improvement; and in order to comply with legal and regulatory requirements.
Baycrest will only use your Personal Information for the purposes for which it was collected as set out herein, as well as other purposes for which you may provide consent, or as otherwise permitted or required by law, including for research purposes as approved by a duly constituted Research Ethics Board.
22. Use of De-identified and Aggregate data. Baycrest may use and/or share de-identified and/or aggregate information (i.e., data stripped of all identifying information so it no longer identifies you) collected through the Website and our Programs with our third party partners (such as partners who provide technology-based social programs, educational programs and/or monitoring services). Baycrest may use and/or share de-identified and aggregate data for research purposes, or for presentations, provided that the data cannot be re-identified. We may also use and/or share this data for analytics purpose, which can help us evaluate and improve our services.
23. Disclosure of Personal Information. Baycrest may share your Personal Information for the following purposes:
(a) Delivery of Programs.
Baycrest engages third party service providers to offer Programs. We share your Personal Information with such parties to assist us in delivering the requested Programs to you. These third party providers will only collect, use and share your Personal Information to the extent necessary to allow them to perform the Programs they provide for us, in accordance with applicable law.
(b) Required by Law.
We may share your Personal Information if we are permitted or required to do so under applicable law. For example, we may be required to share your Personal Information pursuant to a court order or as part of law enforcement investigations or proceedings.
(c) Third-Party Service Providers.
We have entered into agreements with third party vendors who will have access to your Personal Information in order to provide customer relationship management services.
24. Participation in Online Interactive Programs. If you choose to participate in an online interactive program, such as a group exercise class or an interactive social club (“Live Program”), the instructor/lead of the group and invited participants will be able to see each other, hear each other and interact. Please do not talk about any sensitive information that you do not feel comfortable sharing publicly during Live Programs. You will not be recorded during any Live Program without your express consent.
You can help protect your information during Live Programs by using a private computer/device (i.e., not your employer’s or a third party’s computer/device) and a secure internet connection. Depending on the Live Program, you may have the option to turn off your video and/or audio connection.
25. Security of Personal Information. To protect your Personal Information, we take reasonable precautions to ensure it is not inappropriately lost, misused or accessed. The Website is hosted by CA Cloud (a division of iDIGITAL Internet Inc and Canadian Web Hosting). CA Cloud provides us with the online platform that allows us to offer the Website to you. Your data is stored through CA Cloud’s data storage and databases. CA Cloud stores your data on a secure server behind a firewall.
Although Baycrest takes reasonable precautions to protect your Personal Information, please note that no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, Baycrest does not ensure or warrant the security of any information you transmit to us or from our on-line products or services, and you do so at your own risk. Once we receive your transmission, we make reasonable efforts to ensure its security on our systems.
You are responsible for maintaining the confidentiality of the password you use for the Website and are responsible for all activities that occur under your username and password. You agree to notify Baycrest immediately of any unauthorized use of your password or user name or any other breach of security, and to ensure that you exit from your Website account at the end of each session.
Your information may be processed in the United States and other jurisdictions by us or a third party service provider and may be subject to the laws of that jurisdiction, which may provide different levels of privacy protection than the laws of Canada.
26. Withdrawing Consent. If you wish to withdraw your consent for the collection, use or sharing of your Personal Information as set out herein, please contact our Privacy Officer at the contact information in the “Contact Us” section, below. Your withdrawal of consent will be applied on a go-forward basis and may be subject to legal or contractual restrictions and reasonable notice.
27. Retention and Storage of Personal Information
We will retain your Personal Information to fulfil the purpose for which the information was collected for as long as necessary and as required by applicable law.
28. Note to Users Outside Ontario, Canada. Baycrest is located and operated in Ontario, Canada and is intended for use by Ontario residents. The collection, use and disclosure of Personal Information is governed by applicable laws and these Terms.
29. Electronic Messages. By registering for the Website and/or Programs or otherwise sending us an information request, you consent to us sending you electronic messages, such as emails or text messages, to respond to information requests; registering and communicating with you about Baycrest Programs; requesting your feedback, which can help us evaluate and improve our services; and offering you additional information about our services. If you do not wish to receive electronic messages from Baycrest, you can unsubscribe at any time.
Should you wish to opt out of receiving electronic messages from Baycrest@Home, please contact firstname.lastname@example.org.
30. Contact Us. Should you have any questions about your personal information or our privacy practices, please contact our Privacy Officer by email at email@example.com or by phone at 416 785 2500 ext. 6300.
Effective as of April 18, 2023
Updated April 18, 2023