Terms and Conditions

Terms and Conditions

Last modified: April 24, 2013


BizAssist® Membership Services ("BizAssist") is operated in Canada by D+H Limited Partnership ("D+H"). All references to BizAssist in this Agreement are also references to D+H. This Agreement govern your use of BizAssist through the BizAssist.com website (the "Website") with all of the information, materials and services available on the Website . By accessing or viewing the Website, including your enrolment which makes you a "Member" of the BizAssist program (the "Program"), or by participating as a Company (as defined in the BizAssist Master Affinity Agreement) in the Program, you agree to be bound by and accept this Agreement and the BizAssist Privacy Policy. The BizAssist Privacy Policy is available here. If you have any questions, please e-mail BizAssist at memberservices@support.bizassist.com.

Changes to the Agreement - BizAssist reserves the right at any time, without notice to you, to modify this Agreement. The most recent version is located on the Website. By accessing or using the Website following any modification to this Agreement, you agree to be fully bound by the modified Agreement.

The terms and conditions are organized as follows:
  • Participation in the Program
  • Use of the Website
  • Submissions to BizAssist
  • Allocation of Risk
  • Disclaimers
  • Term and Termination
  • General Provisions
Participation in the Program

Available to Canadian Residents Only - Participation in the Program is intended for Canadian residents only. To enroll in the Program, you must have a valid Canadian address.

Member Account - Once you have entered all required information on the registration page, you will obtain a BizAssist "Account" and by holding this Account, you will be a Member (also the "Holding Member" for that particular Account). Only one (1) Account can be held by any Member. BizAssist can demand proof of identity of the Member in the event of a dispute regarding your Account.

No Commercial Use - You will not resell, distribute, transfer and share your participation in the Program or any parts thereof.

Use of Your Password and Account - If you become a Member, when setting up your Account, you will be asked to provide a password for your Account. You are responsible for keeping your password confidential and for all activities that occur under your password or Account. Each Account must only be accessed by its Holding Member, and may not be accessed by any other, without the express permission and authorization of BizAssist. You are required to notify BizAssist of any unauthorized use of your password, or any other breach of security by sending an e-mail to memberservices@support.bizassist.com with the relevant details. In no event will BizAssist be held liable to you for any liabilities or damages resulting from or arising out of any compromise of the confidentiality of your account or password or any unauthorized access to your account or use of your password, whether with or without your knowledge excluding negligence or wilful default of BizAssist. Additionally, you agree you will not access or attempt to access secure or non-public areas of the Website. Unauthorized individuals attempting to access prohibited areas of the Website may be subject to prosecution.

Use of the Website

Your Right to Use the Website - Provided that you accept and comply with this Agreement, you have the limited right to access and use BizAssist to view the various materials, including information, documents and other content on BizAssist and to copy, download or print a single copy of any of the information and materials available on it, as provided for herein. Except as BizAssist expressly permits in writing, you may not copy, reproduce, download, upload, post, transmit, translate, modify, distribute, sell, rent, license, transfer, mirror, frame or create derivative works of BizAssist, in whole or in part, in any form or by any means. In particular, the use of any of such information on any other website or in a networked computer environment for any purpose is prohibited, and the foregoing authorization does not apply with respect to the design or layout of BizAssist.

Portions of BizAssist powered by Third Parties - Certain aspects of BizAssist may be performed or provided by third parties on behalf of D+H, and as such the use of BizAssist may be subject to any terms and conditions imposed by such third parties, including with respect to the handling of you BizAssist account information and personal information. You hereby agree that the terms and conditions in this Agreement apply to the benefit of such third party providers, and that by using the Website, you represent to D+H and such third party providers that you have reviewed and agree to be bound by such terms and conditions of use.

Links to Third Party Sites - BizAssist may contain links to other websites. BizAssist is only providing these links to you as a convenience and the inclusion of any link does not imply endorsement by BizAssist of the website or any association with their operators. All such other websites are independent from BizAssist and from the Website. BizAssist has no control over and expressly disclaims any liability for such websites and their contents. BizAssist is not responsible for web streaming or any other form of transmission received from any third party website nor is BizAssist responsible if the third party website is not working appropriately. Any transactions that take place between you and the third party are directly with the third party and BizAssist shall not be held responsible for any loss or damage that you may incur as a consequence thereto. If you decide to access any of the third party websites linked to BizAssist, you do so entirely at your own risk.

Dealings with Advertisers - Your correspondence or dealings with, or participation in promotions and/or advertisers found on or through the Website are solely between you and such advertiser. You agree that BizAssist shall not be responsible or liable for any loss or damage incurred as the result of any such dealings or as a result of the presence of such advertisers on the Website.

Intellectual Property - You acknowledge that all trade-marks, trade names, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including data specifications, drawings and instructions; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world; copyright, trade marks and other intellectual property rights in and relating to the Website (hereinafter referred to as "Intellectual Property") are solely owned by D+H or its third party providers. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the Intellectual Property. All other trade-marks, product names and company logos cited herein are the property of their respective owners.

All website design, text, graphics, the selection and arrangement thereof and all software are copyright of or used under license by D+H. These do not include logos and graphics which are the property of third party companies featured on the Website.

Submissions to BizAssist

Rules of Conduct - Where you submit any contribution to BizAssist, the Website (this includes any e-mails, text, member submissions, forum postings, blogs, photographs, graphics, video or audio), you agree not to:

  • Post, transmit, link to, or otherwise distribute any information constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Website or any of the BizAssist services in a manner which is contrary to law or which would serve to restrict or inhibit any other user from using or enjoying the Website, BizAssist services or the Internet;
  • Defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
  • Post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
  • Post, transmit, link to, or otherwise distribute any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component;
  • Upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way, information, software or other material obtained through the Website or its services, or any derivative work thereof, which is protected by copyright, or any other intellectual property right, without obtaining permission of the copyright owner or rightholder; and
  • Impersonate or falsely represent your association with any person, including a representative or forum moderator.

Rights Granted to BizAssist - You agree that by submitting your contribution you are granting BizAssist a perpetual, royalty-free, non-exclusive, sub-licensable right and the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in the BizAssist Privacy Policy. The BizAssist Privacy Policy is available here.

Submissions' Representations - By submitting your contribution to BizAssist, you declare that your submission is your own original work and that you have the right to make it available to BizAssist for all the purposes specified above. You declare that the submission is not defamatory and does not infringe any law and indemnify D+H against all legal fees, damages and other expenses that may be incurred by D+H as a result of your breach of the above declaration and waive any moral rights in your contribution for the purposes of its submission to and publication on BizAssist and the purposes specified above. If you have ideas and/or suggestions regarding improvements or additions, BizAssist would like to hear them but any submission will be subject to these terms. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO BIZASSIST, INCLUDING ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, OFFICERS, DIRECTORS AND EMPLOYEES, BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL, DIRECTLY OR INDIRECTLY, TO BIZASSIST, YOU ARE WAIVING ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO BIZASSIST THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT BIZASSIST IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY BIZASSIST, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY. This section may not be applicable to some personally identifiable information that you may provide in connection with your enrolment in the Program as set out in the Privacy Policy.

If You Do Not Grant These Rights or Make These Representations - If you do not want to grant to BizAssist the rights or make the representations set out above, please do not submit your contribution to BizAssist.

Monitoring - BizAssist has no obligation to monitor, review, screen, edit or otherwise control any information or material contributed to the Website. However, to ensure the proper operation of the Website and the Program, including the compliance of the Members with this Agreement, BizAssist may, in its discretion, monitor the Website and your use thereof to determine and ensure compliance with this Agreement and to protect itself and/or others from fraudulent, unlawful, dangerous or abusive use of the Website. BizAssist may also intercept and disclose any content, record, use or other information to the extent reasonably necessary to protect the rights of BizAssist, for mechanical or service quality control as permitted by law, or to comply with any law, regulation, or governmental request. BizAssist may also, in its discretion, review, edit, refuse to post or remove any material or information submitted or transmitted to the Website. BizAssist will not, however, intentionally intercept or disclose any private e-mail message unless required or permitted by law to do so.

Allocation of Risk

Limitation of Liability - Your use of (or inability to use) the Website and/or participate in the Program is at your own risk. You agree that your sole remedy in the event of any problem with the Website is to cease using BizAssist . Notwithstanding anything to the contrary, in no event will D+H, its directors, officers, employees, consultants or agents be liable for any claims or damages whatsoever (including any direct, indirect, special, incidental, exemplary, punitive or consequential damages, and damages resulting from loss of use, loss of data, loss of profits, loss of business or other economic damages) as a result of accessing or using (or inability to access or use) the Program, the Website, the BizAssist services or any content or any links to other sites made available thereon or the content contained on such site(s), whether or not such claims or damages were foreseeable and even if D+H has been advised of the possibility of such claim or damages and on any legal or equitable theory of liability (including fundamental breach).

You acknowledge that the provisions of this Agreement allocate the risks between BizAssist and you and that BizAssist's pricing reflects the allocation of risk and limitation of liability specified in this section.

Indemnity and Waiver - You hereby agree to indemnify and keep indemnified D+H its successors and assigns and each of its respective directors, officers, employees, consultants and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from your use of and from material posted on the Website or resulting from any breach of this Agreement whether such breach is carried out by you or by any other person through your account, arises out of your data, your use of the Website, your connection to the Website or your violation of any third party rights. Furthermore, you hereby acknowledge that any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you waive any right to bring any claim or action against D+H or its successors, assigns, directors, officers, employees, consultants and agents for any loss, damage or injury arising from use of the Program, the Website, its services or content.


Accuracy of Website Materials - BizAssist makes every effort to present the content on the Website accurately; however, the materials contained in the Website may contain inaccuracies and typographical errors. BizAssist does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Website. You acknowledge that any reliance on any such opinion, statement, memorandum or information shall be at your own risk. BizAssist reserves the right in its sole discretion to correct any errors or omissions in any portion of the Website. BizAssist, its agents and employees specifically disclaim, to the fullest extent permitted by law, any and all warranties, representations, conditions and guarantees, whether express, statutory, oral or implied, relating to the site or its content, including but not limited to, express or implied warranties or conditions of merchantability, fitness for a particular purpose, completeness, timeliness, correctness, non-infringement, or product liability.

Provided by BizAssist "As Is" - The Program, the Website, the information and material on the Website are provided "as is" and "as available" without any representation or warranty, express or implied, of any kind, including, but not limited to warranties of merchantability, non-infringement or fitness for any particular purpose. Neither BizAssist nor its agents or employees make any representation or warranty of any kind with respect to the Website, any of the content or information provided or posted on the Website or any links to other sites made available on this site, or the content contained on such third party site(s). In particular, you acknowledge that there may be interruptions in service due to inherent limitations of the Internet, system upgrades, system maintenance and system configuration and that BizAssist assumes no liability for any loss, damage or expense from interruptions in service due to any of the foregoing factors. BizAssist does not warrant that you will have continuous, uninterrupted, or secure access to the Website, or that the Website will be error-free, or that defects, if any, will be corrected. Furthermore, BizAssist does not warrant that this Website, its servers, or e-mail sent from BizAssist is free of viruses, other harmful components or disabling devices. You should take appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system.

Provided by Third Parties - BizAssist does not make any warranty, guarantee nor any representation regarding the quality of, or assurance of any advertisement or any merchandise, product or service offered or provided by other third party companies or other Members.

Matters Beyond BizAssist's Control - BizAssist shall not be liable for any failure to perform any of its obligations under this Agreement which is caused by matters beyond its reasonable control including but not limited to acts of God, breakdown of Internet services or other computer services, war, strikes, lock-outs and industrial disputes.

Term and Termination

Term - You agree to remain bound by this Agreement anytime you access the Website or for as long as you remain a Member, unless BizAssist terminates your Account in accordance with this Agreement.

Termination by Member - Member must provide BizAssist with thirty (30) days written notice in advance of termination. Termination will not relieve Member of any payment obligations. Member acknowledges that even if his or her account is terminated, he or she may receive e-mails from BizAssist for a period of thirty (30) days thereafter.

Termination by BizAssist - BizAssist may terminate the Program. BizAssist will make every effort to communicate to all Members the termination period, however BizAssist will not be held responsible for failing to notify any Member regardless of the reasons.

Fees and Payment

Charges and Billing - BizAssist reserves the right to charge fees for the Program or any portion thereof and any applicable fees will be posted on the Website. If Member is required to pay a fee for all or any part of the Program for which Member has chosen to register, Member hereby authorizes BizAssist to charge Member's valid and current credit card in advance, for all applicable fees associated with Member's Account. BizAssist will notify member in advance of the expiration of Member's Account. Member will then have the option to renew his or her Account for an additional subscription period in accordance with the terms and conditions of this Agreement. All fees shall be paid in Canadian dollars.

BizAssist reserves the right to change any fees (which includes but is not limited to, increasing prices and charging a fee for upgrades and/or a Program for which BizAssist does not currently charge a fee) at any time. If Member finds any change to the Program or fees to be unacceptable, Member may terminate his or her Account in accordance with this Agreement; however BizAssist will be under no obligation to refund any remaining portion of Member's prepaid fees.

Member agrees to pay Member's Account balance on time. Member also agrees to pay any applicable taxes, including sales, goods and services, harmonized and other similar taxes. Member also acknowledges and agrees that Member will be billed for and will pay any outstanding balances if Member terminates his or her Account or his or her Account is terminated due to Member's breach of this Agreement. Member must notify BizAssist of any billing problems or discrepancies within sixty (60) days after they first appear on Member's credit card account statement. If Member does not notify BizAssist within sixty (60) days, Member waives any right to dispute such problems or discrepancies.

General Provisions

Modifications or Discontinuance of the Website and the Program - BizAssist may modify or discontinue the Website and/or the Program (or a part thereof) with or without notice to you. BizAssist shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website or the Program.

Assignment - BizAssist may assign or subcontract any or all of its rights and obligations under this Agreement at any time without notice to you. You acknowledge that you may not without the prior written consent of BizAssist assign or dispose of your obligations under this Agreement whether in part or in whole.

Notices - All notices given by BizAssist to you will be given by e-mail.

Entire Agreement - This Agreement constitutes the entire Agreement between you and BizAssist and supersedes any prior agreements, arrangements, statements and understandings between BizAssist and you including any oral statements made by BizAssist representatives. To the extent that anything in or associated with the Website is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence. The section titles and other headings are for convenience only and shall have no legal effect.

Waiver - A waiver by BizAssist of any breach by any Member of any of the terms, provisions or conditions of this Agreement or the acquiescence of BizAssist to any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such term, provision or condition or of any subsequent act contrary thereto.

No Partnership/Joint Venture - Nothing in this Agreement shall be construed as forming a partnership or joint venture with Members, and no third party will have the right or ability to create any obligation on BizAssist's behalf.

Governing Law - This Website is controlled by BizAssist from its offices within the Province of Ontario, Canada. This Agreement and your relationship with D+H regarding BizAssist, the Program and all matters relating thereto shall be governed by the laws of Ontario and the federal laws of Canada applicable therein and you consent to the exclusive jurisdiction of the Ontario courts in all matters regarding it.

BizAssist makes no representation that any offerings available through our Website are appropriate or available for use in locations outside of Canada, and accessing them from territories where such offerings are illegal is prohibited. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with local laws.

Language - The parties have required that this Agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.

Invalidity - If at any time any one or more provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall continue in full force and effect.

Disputes - All questions or disputes regarding the Program, the Website, its services, its contents or this Agreement, including without limitation, questions regarding participation and eligibility, must be submitted in writing within ninety (90) days of the query where applicable, to memberservices@support.bizassist.com.