Terms of Service

Last Updated: January 27, 2025

Welcome to TeamPerks. These Terms of Service ("Terms") govern your access to and use of the TeamPerks website, services, and platform (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

1. Acceptance of Terms

By accessing or using TeamPerks, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Services.

These Terms constitute a legally binding agreement between you ("you," "your," or "User") and TeamPerks ("we," "our," or "us").

2. Description of Services

2.1 Lead Generation Platform

TeamPerks operates as a lead generation platform that:

• Provides an online assessment tool to evaluate your employee benefits needs
• Analyzes your responses to identify potential areas for improvement
• Matches you with qualified, licensed benefits advisors who may be able to assist you
• Facilitates introductions between you and these independent advisors
• Provides educational resources and content about employee benefits

2.2 What We Are NOT

TeamPerks is NOT:

• An insurance company or insurance broker
• A benefits advisor or consultant
• A financial advisor or planner
• A provider of legal, tax, or accounting advice
• A party to any agreement between you and third-party advisors

2.3 Third-Party Advisors

The benefits advisors we connect you with are:

• Independent third parties, not employees or agents of TeamPerks
• Licensed to provide benefits advisory services in their respective provinces
• Subject to their own professional obligations and regulatory requirements
• Responsible for their own advice, recommendations, and services
• Governed by their own terms of service and privacy policies

3. Eligibility and User Requirements

3.1 Age and Authority

To use our Services, you must:

• Be at least 18 years of age
• Have the legal authority to bind your organization to these Terms (if using on behalf of a company)
• Be a resident of Canada or have a business operating in Canada
• Provide accurate and complete information

3.2 Account Registration

When you create an account or use our Services, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

4. Use of Services and Restrictions

4.1 Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms. You agree to use the Services solely to:

• Evaluate your organization's employee benefits needs
• Connect with qualified benefits advisors
• Access educational resources and content
• Communicate with TeamPerks and matched advisors

4.2 Prohibited Conduct

You agree NOT to:

• Provide false, misleading, or inaccurate information
• Impersonate any person or entity
• Use the Services for any illegal or unauthorized purpose
• Interfere with or disrupt the Services or servers
• Attempt to gain unauthorized access to any part of the Services
• Use automated systems (bots, scrapers) to access the Services
• Collect or harvest information about other users
• Transmit viruses, malware, or harmful code
• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Use the Services to spam, harass, or abuse others
• Reverse engineer or attempt to extract source code

5. Assessment and Matching Process

5.1 Assessment Tool

Our assessment tool is designed to gather information about your benefits needs. By completing the assessment:

• You consent to us analyzing your responses
• You understand that results are for informational purposes only
• You acknowledge that the assessment does not constitute professional advice
• You agree that we may share your information with matched advisors

5.2 Advisor Matching

We use your assessment responses to match you with advisors. However:

• We do not guarantee that matched advisors will meet your specific needs
• We do not endorse or recommend any specific advisor
• We are not responsible for the quality of services provided by advisors
• You are solely responsible for evaluating and selecting an advisor
• We do not guarantee that advisors will accept you as a client

5.3 No Guarantee of Results

We do not guarantee:

• That you will achieve cost savings or improved benefits
• That advisors will provide specific recommendations
• The accuracy of any estimates or projections
• That you will be matched with an advisor

6. Relationship with Third-Party Advisors

6.1 Independent Relationship

TeamPerks acts solely as an introducer and matching service. We are not:

• A party to any agreement between you and an advisor
• Responsible for the advisor's conduct, advice, or services
• Liable for any disputes between you and an advisor
• Responsible for verifying advisor credentials (though we make reasonable efforts)

6.2 Your Responsibility

You are responsible for:

• Conducting your own due diligence on advisors
• Verifying advisor licenses and credentials
• Reviewing and understanding any agreements with advisors
• Making your own decisions about engaging an advisor
• Evaluating the suitability of any recommendations

6.3 Advisor Compensation

Advisors matched through our platform may compensate TeamPerks through:

• Referral fees for successful matches
• Subscription or membership fees
• Commission sharing arrangements

This compensation does not affect the price you pay for advisor services. You will never be charged by TeamPerks for using our matching service.

7. Intellectual Property Rights

7.1 TeamPerks Content

All content on the TeamPerks platform, including but not limited to text, graphics, logos, images, software, and assessment tools, is the property of TeamPerks or its licensors and is protected by Canadian and international copyright, trademark, and other intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal or internal business purposes. You may not:

• Reproduce, distribute, or create derivative works
• Remove copyright or proprietary notices
• Use our trademarks without written permission
• Frame or mirror any content

7.3 User Content

By submitting content to TeamPerks (including assessment responses, feedback, or communications), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content for the purposes of providing and improving our Services.

8. Privacy and Data Protection

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our collection, use, and disclosure of your personal information as described in the Privacy Policy.

Key points:

• We comply with PIPEDA and applicable provincial privacy laws
• We share your information with matched advisors
• You have rights to access, correct, and delete your information
• We implement security measures to protect your data

9. Disclaimers and Limitations of Liability

9.1 No Professional Advice

IMPORTANT: TeamPerks does not provide professional advice. Our Services, including assessment results and educational content, are for informational purposes only and do not constitute:

• Insurance or benefits advice
• Financial, investment, or tax advice
• Legal advice
• Professional recommendations or endorsements

You should consult with qualified professionals before making any decisions based on information from our Services.

9.2 "As Is" and "As Available"

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties of accuracy, reliability, or completeness of content
• Warranties of uninterrupted or error-free service
• Warranties regarding third-party advisor quality or performance

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY CANADIAN LAW:

• NO LIABILITY FOR INDIRECT DAMAGES: TeamPerks shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill.
• MAXIMUM LIABILITY: Our total liability to you for any claims arising from or related to these Terms or the Services shall not exceed the amount you paid to TeamPerks in the 12 months preceding the claim, or $100 CAD if you have not paid us anything.
• NO LIABILITY FOR THIRD PARTIES: We are not liable for any actions, advice, services, or conduct of third-party advisors or any other third parties.

9.4 Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless TeamPerks, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations
• Any content you submit or transmit through the Services
• Your relationship or dealings with third-party advisors

11. Termination

11.1 Termination by You

You may stop using our Services at any time. If you wish to delete your account, please contact us at support@teamperks.ca.

11.2 Termination by Us

We reserve the right to suspend or terminate your access to the Services at any time, with or without notice, for any reason, including if:

• You violate these Terms
• You engage in fraudulent or illegal activity
• Your conduct poses a risk to TeamPerks or other users
• We are required to do so by law
• We discontinue the Services

11.3 Effect of Termination

Upon termination:

• Your right to access and use the Services will immediately cease
• We may delete your account and data (subject to legal retention requirements)
• Provisions that by their nature should survive will continue (including disclaimers, limitations of liability, and indemnification)

12. Dispute Resolution and Governing Law

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.

12.2 Jurisdiction

You agree that any legal action or proceeding arising from or related to these Terms or the Services shall be brought exclusively in the courts located in Vancouver, British Columbia, and you consent to the personal jurisdiction of such courts.

12.3 Informal Resolution

Before filing a legal claim, you agree to first contact us at legal@teamperks.ca to attempt to resolve the dispute informally. We will attempt to resolve the dispute through good-faith negotiations.

12.4 Class Action Waiver

To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and TeamPerks regarding the Services and supersede all prior agreements and understandings.

13.2 Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website with a new "Last Updated" date
• Sending an email notification to registered users
• Displaying a prominent notice on our website

Your continued use of the Services after changes are posted constitutes your acceptance of the modified Terms.

13.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

13.4 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

13.5 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

13.6 Force Majeure

TeamPerks shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

13.7 Language

These Terms are drafted in English. If these Terms are translated into any other language, the English version shall prevail in the event of any inconsistency or dispute.

13.8 Electronic Communications

By using our Services, you consent to receive electronic communications from us. These communications may include notices about your account, transactional information, and marketing messages (which you may opt out of).

14. Regulatory Compliance

14.1 Canadian Insurance Regulations

TeamPerks operates in compliance with Canadian insurance regulations. We do not:

• Sell insurance products
• Act as an insurance broker or agent
• Provide insurance advice or recommendations
• Receive commissions from insurance transactions (only referral fees from advisors)

14.2 Provincial Licensing

The advisors we match you with are required to hold appropriate licenses in your province. However, you are responsible for verifying their credentials with the relevant provincial regulatory authority.

14.3 Anti-Spam Compliance

We comply with Canada's Anti-Spam Legislation (CASL). By providing your contact information, you consent to receive commercial electronic messages from us. You may withdraw consent at any time by using the unsubscribe mechanism in our emails or contacting us.

15. Accessibility

TeamPerks is committed to ensuring our Services are accessible to all users. If you experience any difficulty accessing our Services, please contact us at accessibility@teamperks.ca, and we will work to provide you with the information or services you need through alternative means.