Terms of Service
These Terms of Service (the "Terms") constitute an agreement between you and Benloop ("we", "us" or "our"), governing your access to and use of the Benloop website, applications and related services (the "Service"). "Benloop" is the registered Ontario business name under which NorthLawn LP, a Delaware limited partnership registered extra-provincially in Ontario, carries on business. Our registered business address is 18 King Street East, Suite 1400, Toronto, ON M5C 1C4.
By creating an account or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service. Our Privacy Policy is incorporated into and forms part of these Terms.
1. The Service
The Service allows you to view the health and dental benefit entitlements available to you under your own group insurance plan; to receive reminders in advance of the date on which those entitlements lapse; and to receive relevant offers, availability and openings from clinics, selected using your coverage and claims information. Those offers form part of the Service. Clinics pay Benloop subscription fees, and those fees are the reason the Service is provided to individual members at no charge. Section 6 of the Privacy Policy describes our compensation and the information that clinics do and do not receive.
Where you elect to connect a plan, we retrieve benefit and claims information from your insurer's member portal on your behalf, on a read-only basis, in the manner described in the Privacy Policy.
2. Eligibility and registration
- The Service is offered to residents of Canada, other than residents of Quebec. You provide the first three characters of your postal code when you register, which identifies your province or territory, and we may decline or close an account that is not eligible on that basis. Clinics that subscribe to Benloop may not yet operate where you live, in which case the offers and bookings described in Section 1 may not be available to you. The availability of clinic offers in your area does not affect your access to your coverage information or your reminders.
- You must be at least the age of majority in your province or territory of residence.
- You must be the plan member or an authorized user of any plan you connect, and you must not use the Service in respect of another person's benefit information except as expressly permitted under Section 5 of the Privacy Policy.
- Access to the Service may require an access code issued by us. An access code is personal to the recipient and may be revoked at any time.
- You agree to provide accurate and complete registration information and to keep it current.
3. Your account
You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account. You must notify us promptly at privacy@benloop.ca of any unauthorized use of which you become aware.
4. Access to your benefit information; licence to Benloop
4.1 Nature of the access. You are entitled under applicable privacy law to access the personal information your insurer holds about you, and to be given it in a form that is generally understandable. That entitlement is a right against your insurer; it does not itself determine the means by which the information may be obtained, and the means available to you are governed by your agreement with that insurer (see Section 4.6). Where you connect a plan, you supply your own credentials, you initiate each retrieval, and the resulting session is authenticated as you and confined to your own account. In performing that retrieval, Benloop acts solely as your agent and as the means by which you obtain your own information, and for no other purpose. We do not access any account other than the one you connect, we do not use your credentials for any purpose other than a retrieval you have initiated, and we retain no copy of them.
4.2 Scope of the agency. Benloop's role as your agent is limited to the act of retrieval described in Section 4.1. The subsequent storage, display and use of the information retrieved, including the selection of reminders and clinic offers and the preparation of the aggregate reporting described in the Privacy Policy, are undertaken by Benloop for its own business purposes as well as yours, under the licence granted in Section 4.4, and not in an agency capacity.
4.3 Personal and non-commercial purpose. You access your information for your own personal, non-commercial purposes: to see the coverage available to you and when it lapses. Access is read-only. Neither you nor Benloop may, through the Service, submit a claim, initiate a transaction, or make any change to your insurer account.
4.4 Licence. Having obtained your information in the manner described above, you knowingly and expressly direct and authorize Benloop to receive, retain and use that information for the purposes set out in these Terms and in the Privacy Policy, and you grant Benloop a non-exclusive, royalty-free, revocable licence to do so. That licence is limited to those purposes and terminates upon withdrawal. You may withdraw it, and disconnect a plan, at any time.
4.5 Insurer content; independence. The Service does not reproduce, republish, frame, mirror or redistribute your insurer's website, pages, branding, documents or other content. What is retained is the factual particulars of your own coverage and claims (amounts, dates, categories, limits and provider names), which are presented in Benloop's own interface. Benloop is independent of, and is not affiliated with, endorsed by or sponsored by, any insurer.
4.6 Your representations; your agreement with your insurer. You represent and warrant that you are the plan member or an authorized user of each plan you connect, that you are entitled to access the account in question, and that you have the authority to grant the licence in Section 4.4. Your relationship with your insurer is governed by your agreement with that insurer, to which Benloop is not a party. You are responsible for reviewing that agreement and for ensuring that your use of the Service is consistent with it, including any provision it contains respecting automated or programmatic access or the confidentiality of your sign-in credentials. Nothing in these Terms grants you any right in respect of your insurer, or alters your agreement with them. If you are uncertain whether connecting a plan is permitted under that agreement, you should not connect it until you have satisfied yourself that it is.
4.7 Suspension. We may suspend or discontinue retrieval from a particular insurer at any time, including where that insurer requests it or where we consider it appropriate to do so.
5. Communications
The Service includes reminders and related communications sent by email and text message in advance of your coverage lapsing. Those communications may include offers, availability or openings from clinics, selected in the manner described in the Privacy Policy.
You may turn those communications off at any time without closing your account, using the unsubscribe mechanism in any message or the control in your account settings. Doing so is reversible and does not delete any information. Notices concerning your account, its security, and changes to these Terms or the Privacy Policy continue in either case. Withdrawal of consent to the Service itself is a separate and permanent step, described in Section 3 of the Privacy Policy.
We do not sell advertising unrelated to benefit coverage available to you, and we do not offer clinics access to information identifying you individually.
6. Bookings and your relationship with clinics
We do not make, hold, confirm or cancel appointments on your behalf, and we are not your agent for that purpose. Where a communication links to a clinic's booking facility, you contract directly with that clinic, and the appointment and any care provided are matters solely between you and that clinic. We are not a party to that arrangement and are not responsible for it.
We are not an agent or service provider of any clinic in respect of your personal information, and we have no access to any clinic's records or practice management systems.
7. No professional advice; accuracy
- Benloop is not an insurer, insurance agent, broker or adjuster, and does not provide insurance, medical, financial, tax or legal advice.
- Benloop is independent and is not affiliated with, endorsed by or sponsored by any insurance carrier.
- Information displayed by the Service is derived from your insurer and may be incomplete, delayed or inaccurate. It is provided for convenience only and is not a determination of coverage. You should confirm coverage with your insurer before relying on it. Your plan documents and your insurer's determinations govern.
8. Acceptable use
You must not: use the Service other than for your own benefit information; attempt to access any account, data or system you are not authorized to access; interfere with or disrupt the Service; use automated means to access the Service other than as expressly permitted; reverse engineer any part of the Service except to the extent that restriction is unenforceable at law; or use the Service in contravention of applicable law.
9. Fees
The Service is provided to individual members at no charge. Clinics subscribe to paid features under separate agreements. If we introduce fees for individual members, we will give notice before those fees apply to you, and you may terminate rather than accept them.
10. Intellectual property
The Service, and all software, content, trade-marks and other materials comprised in it, other than the third-party materials described below, are owned by Benloop or its licensors and are protected by applicable intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for your personal, non-commercial use. No other rights are granted.
Insurer and other third-party names and logos displayed in the Service are the trade-marks of their respective owners and remain their property. They are displayed solely to identify the insurer that holds your plan, or the clinic or service concerned, and their display does not imply any affiliation between Benloop and the owner of the mark, or any endorsement or sponsorship of Benloop by that owner.
11. Availability and changes
We may add, modify, suspend or discontinue any part of the Service at any time. Support for particular insurers, clinics, service types or geographic areas may vary and may change. We will give reasonable notice of material changes to these Terms or to the Service where practicable. Your continued use after a change takes effect constitutes acceptance of it.
12. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OR ERROR-FREE OPERATION.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BENLOOP AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BENEFIT ENTITLEMENTS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (B) CAD $100.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for personal injury caused by our negligence, or rights you have under applicable consumer protection legislation.
14. Indemnity
You will indemnify and hold harmless Benloop and its directors, officers, employees and agents from and against any claim, demand, loss, liability, cost or expense (including reasonable legal fees) arising out of your breach of these Terms, your misuse of the Service, or your use of the Service in respect of benefit information you were not authorized to access.
15. Termination
You may stop using the Service and close your account at any time. We may suspend or terminate your access, with or without notice, where we reasonably consider it necessary to protect the Service or its users, or to comply with law. Sections 7 and 10 through 17 survive termination.
16. Governing law and disputes
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in that province, without regard to conflict of laws principles. The courts of the Province of Ontario have exclusive jurisdiction, and you attorn to the jurisdiction and venue of those courts. If you reside in another province or territory, nothing in this Section deprives you of the protection of mandatory consumer protection provisions of the law of your place of residence.
17. General
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Benloop respecting the Service. If any provision is held unenforceable, it will be severed and the remaining provisions will continue in force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a corporate transaction. Section headings are for convenience of reference only and do not affect interpretation. The parties have required that these Terms and all related documents be drawn up in English. Les parties ont exigé que la présente convention et tous les documents connexes soient rédigés en anglais.
18. Contact
Questions respecting these Terms may be directed to privacy@benloop.ca, or by mail to Benloop, 18 King Street East, Suite 1400, Toronto, ON M5C 1C4.