Posted on February 5, 2019
These Terms and Conditions are effective immediately for new Users and 30 days after the above date for current Users. These new Terms and Conditions supersedes all previous versions.
The following describes the terms on which BidSettle offers you access to our website, www.bidsettle.com (hereinafter, the “Site”).
Account: section on the Site where you may modify your profile, see the state of your Dispute negotiations, Small Claims Court claim or your Demand Letters.
Demand Letter: document generated by the Site according to the information provided by the User.
Dispute: dispute between parties that is susceptible to be settled online by using BidSettle. The Dispute can either be a civil litigation, a grievance or an unpaid invoice.
Intellectual Property Right: all inventions, discoveries, improvements, technology, ideas, processes, trade secrets, source code, computer programs, know-how, designs, formulae, copyrightable works, information and instructions, technical or otherwise, and any and all derivative work thereof, whether or not patentable or copyrightable or subject to other forms of protection.
Offer: any offer submitted on the online negotiation platform with the objective to generate a Settlement. On the Site, the minimum amount is one hundred dollars ($100), but there is no maximum amount.
Parties: the Initiator and the Respondent taking part in a negotiation constitute the parties. Their lawyers can represent them.
Services: online dispute resolution,“Small Claims Court Assistance”, as well as the automated Demand Letter services.
Settlement: resolution of a Dispute whose terms are determined by the parties.
User: any person (natural person or legal person) who accepted the general Terms and Conditions as well as the Terms and Conditions of Use.
User Content: all personal and banking information which you have transmitted to use the Site. This content may include any identifying information including, without limitation, your name, address, telephone number, date of birth, credit cards, email addresses and passwords. This information may be collected by BidSettle without limitation, in the event you subscribe to the newsletter, create an Account, use the Services, communicate with one of BidSettle’s representatives, participate in a promotional event or participate on social networks affiliated with BidSettle.
SITE’S GENERAL TERMS AND CONDITIONS
By using the Site, you recognize being at least 18 years old. If you represent a business or an organization, you confirm having its mandate or the capacity to make a binding decision.
You are solely responsible and liable for any use and misuse of your Account and User Content. For security reasons, you must keep your Account and User Content confidential, notably by not disclosing them to any person or permitting any other person to use them.
You agree to inform BidSettle immediately should any non-authorized use of your Account or User Content occur. BidSettle also recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.
Accuracy of Information
We rely on the User Content as well as any other type of information you provide on this Site. You must update your User Content and will be solely responsible and liable for any and all loss, damage, and additional costs that you, BidSettle or any other person may incur as a result of your submission of any false, incorrect or incomplete information.
In connection with using or accessing the Site, you will not:
– Post content or items in inappropriate categories or areas on our Site and Services;
– Post content of the Site on social media;
– Violate any laws, third party rights or our stated policies;
– Use our Site, if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our Site;
– Fail to deliver payment for any Dispute negotiation that you have previously settled with BidSettle, whether you can reach the other party or not;
– Circumvent or manipulate our fee structure, the billing process, or fees owed to BidSettle;
– Post infringing, unlawful, false, inaccurate, misleading, obscene, or defamatory content;
– Transfer by any manner any Dispute negotiation application or your BidSettle Account to another party without our consent;
– Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
– Distribute viruses or any other technologies that may harm BidSettle, or the interests or property of BidSettle Users;
– Export or re-export any BidSettle applications or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
– Reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to BidSettle, or that comes from the services and belongs to another BidSettle User or to a third party including works covered by any copyright, trademark, patent, or other Intellectual Property Right;
– Take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
– Copy, reproduce, reverse engineer, modify, create derivative works from, distribute, sell, transfer, or publicly display any content (except for your content) from our Site or services without the prior express written permission of BidSettle and the appropriate third party, as applicable; or
– Interfere or attempt to interfere with the proper working of our Site, services, or any activities conducted on or with our Site.
– Harvest or otherwise collect information about Users, including email addresses, without their consent; or
– Circumvent any technical measures we use to provide our services.
If we believe you are abusing any of the above-mentioned engagements, BidSettle may, in our sole discretion, take any necessary measures to prevent or diminish said abuse, such as, without limiting other remedies, limit, suspend, or terminate your Account and your access to our Services, and take technical and/or legal steps to prevent you from using the Site.
We may cancel unconfirmed Accounts or Accounts that have been inactive for one (1) year. We may, without prior notice, modify or discontinue our Services and the Site. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.
Use of the Site by a Lawyer Representing a Client
A lawyer who wishes to use the Site in lieu of his client is responsible, even before using our Services, for:
– Obtaining the client’s consent and mandate for using any of our Services;
– Understanding how the Site and Services work;
– Explaining to the client how the Site and Services work, particularly the transaction fees;
– Explaining to the client the consequences and implications of a Settlement Agreement;
– Obtaining, beforehand, the client’s permission to make any offer or counter-offer in the name of the client on the Site;
– Communicating any notification and communication, including any received offer or counter-offer;
– Communicating to the client any Settlement Agreement;
– Explaining to the client that lawyers can only make offers and counter-offers if a lawyer also represents the other party.
When providing us with content or causing content to be posted using our Site and Services, you grant BidSettle a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully sub-licensable (through multiple tiers) right to exercise any and all Intellectual Property Right you have in the content, in any media known now or developed in the future, and to the fullest extent permitted under applicable law. You waive any and all moral rights and promise not to assert such rights or any other Intellectual Property Right against BidSettle, our sublicensees, or our assignees.
You acknowledge that all text, content, code, graphic design, drawing, photo, illustration, video, logo, trade name and any and all Intellectual Property Rights attached thereto are the exclusive property of BidSettle and you agree to abide by them. You must seek prior authorization from the Site’s administrators by email at firstname.lastname@example.org for any reproduction, publication, distribution or copy of any and all of the content of the Site for any non-personal use.
Limitation of Liability
BidSettle takes reasonable efforts to ensure that the documents and information contained on the Site are reliable, exact and integrally presented. BidSettle cannot guarantee the continuous operation of or access to our Site and is not responsible if the Site or its access is interfered with as a result of technical issues or factors outside of our control. You are making use of our Site, your Account and our Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. BidSettle will not transmit spam content to you.
BidSettle disclaims all liability and will not assume any responsibility whatsoever for any loss or damage resulting from the non-conforming or otherwise derogatory use of any document and/or content displayed on the Site, and well as any content and/or document originating from a third-party website which displays a hypertext link to the Site. Any hyperlink posted on the Site which redirects to other websites is only available for purposes of convenience and does not imply any affiliation between the hyperlinked website and the Site, its directors or its owners. BidSettle disclaims any liability and will not assume any responsibility whatsoever with regards to these third-party websites, including, without limitation, their contents and affiliations.
BidSettle will not be held liable for any event being beyond the Site’s control or resulting from force majeure, which may result in a malfunction, an interruption or an inaccessibility of the Site, the Services, the network or the server on which the Site is hosted. In the event where you encounter any problem(s) while using the Site, you acknowledge that your sole recourse and remedy is to discontinue use of the Site. In addition, to the extent permitted by applicable law, BidSettle, its affiliates, officers, directors, agents and employees, are not liable for any damages or losses resulting directly or indirectly from:
– Delays or disruptions in our Site, in your Account or in the Services;
– Viruses or other malicious software obtained by accessing our Site;
– Glitches, bugs, errors, or inaccuracies of any kind in our Site; and
– Damage to your hardware device(s) or loss of data that results from the use of our Site.
The Site is a tool provided to you. BidSettle does not offer any legal opinion or any type of legal advice. If you have any questions or doubts concerning your legal rights and obligations, you must consult a lawyer. The information provided by BidSettle on the Site, or by its representatives, is only offered to you in order to guide you during your own use of the tool.
You will indemnify and hold BidSettle, its affiliates, subsidiaries, officers, directors, employees, and agents, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Conditions, your use of our Site and our Services.
You consent to receive electronic communications from BidSettle for its Services. We may communicate with you by email to the address you have designated on your Account. Notice to you shall be deemed given 24 hours after the email is sent.
If you subscribe to the newsletter, you may also unsubscribe at any time.
Resolution of Disputes Between a User and BidSettle
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND BIDSETTLE HAVE AGAINST EACH OTHER ARE RESOLVED.
Law and Forum for Disputes – The Terms and Conditions are solely and entirely subject to the laws applicable in the Province of Quebec and the federal laws of Canada applicable therein. The courts of the judicial district of Montreal have exclusive jurisdiction over any dispute relating to the Terms and Conditions, to the exclusion of any other jurisdiction.
Arbitration Option – For any claim, excluding claims for injunctive or other equitable relief, the Parties requesting relief may elect to resolve their dispute in a cost effective manner through binding non-appearance-based arbitration. In the event that a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
BidSettle may amend, add to or remove any of these Terms and Conditions at any time by providing you 30 days’ notice by posting the amended terms on the Site.
Except as stated otherwise in these Terms and Conditions or elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Site after the effective date of these amended terms constitutes your acceptance of them. If you do not agree to the amendments, you should stop using the Site.
These Terms and Conditions may not be otherwise amended except in a writing hand signed by you and BidSettle. For purposes of this provision, a “writing” does not include an email message and a signature does not include an electronic signature.
For all written communication with BidSettle Inc., please write to us via email or send your letter to the following address: BidSettle Inc., CP 65056, CSP Mozart, Montreal, Qc, H2S 0A3. We also have offices in Kingston, Ontario.
You may contact BidSettle toll-free via phone by following the instructions listed on our Contact Us page.
If any of the provisions in these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.
In our sole discretion, BidSettle may assign these Terms and Conditions, by providing our Users written notice.
BidSettle’s silence, omission, negligence and/or delay to exercise any right or recourse must never be interpreted as renunciation to exercise such right or recourse.
In the event of a dispute between the English and French version, the French version of these Terms and Conditions and all related documents shall govern.
If a User’s behaviour seems to violate any of these Terms and Conditions, please write to us at email@example.com. We will assess the situation and take action if deemed appropriate.
BidSettle works to keep the Site operational and its Users safe. Please report any technical problems and policy violations to us by emailing us at firstname.lastname@example.org.