This agreement ('Agreement') was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. This Agreement contains terms and conditions ('User Terms') that apply to your visit to and use of our website at www.besure.com (the 'Platform'), our mobile application (the 'App'), content, products, and services which we call the 'Services.' Besure.com is an online platform owned by Besurance Corporation. References to ‘besure’, ‘we’, ‘our’ or similar terms mean Besurance Corporation. These User Terms govern our relationship with you and other users who interact with the Services.
 

1. BESURE

 

Your contracting partner is besure, established in Delaware, USA. 
 

2. BESURE IS NOT INSURANCE

 

The bylaws, terms of use, or pool descriptions/requirements do not constitute an insurance policy.

All pool funding comes from its members directly, and all claims are adjudicated solely by volunteers among that same group of contributing members. Besure is not involved in pool decision making, and only provides the technology that makes this community connectivity possible. Pool money does not belong to besure. Therefore, our sole commitment is to provide the tools that can empower members to self-insure, managing their risks both cooperatively and affordably.

Besure is not in the business of selling or underwriting insurance, nor are we backed by an insurance company. We simply provide the platform and technology to facilitate community risk sharing. Community coverage on besure is backed entirely by the amount of contributions in a pool. If the claims happen to exceed the contributions in the pool, the amounts are proportioned and paid from the pooled amount.

 

3. HOW IS A CONTRACT CONCLUDED BETWEEN BESURE AND YOU?

 

By using the Services, you enter into a contract with besure and agree to these User Terms, as updated from time to time in accordance with Section 14 below.

You have to be 18 years of age or older to use the Services. If you reside in a jurisdiction that restricts the use of the Services because of age, or restricts your ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Platform, App, or Services. You represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these User Terms and use the Services.

We may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with these User Terms, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service.

PLEASE READ THESE USER TERMS CAREFULLY BEFORE USING OUR WEBSITE, APP OR SERVICES.

 

4. LICENSE

 

Subject to your compliance with these Terms, besure grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to: (i) access and use the Platform and App on your personal device solely in connection with your use of the Services; and (ii) access and use of any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by besure and besure''s licensors.
 

5. RESTRICTIONS

 

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by besure; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
 

6. PRIVACY

 

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use besure to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help you make informed decisions.
 

7. SHARING YOUR CONTENT AND INFORMATION

 

You own all of the content and information you provide to besure. In addition:

A. For content that is covered by intellectual property rights such as, photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with besure (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

B. When you delete your account including any IP content shared via your account, your IP content may not be deleted. In addition, you understand that any removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

C. When you use a specific service, you may be asked for permission to access your content and information as well as content and information that others have shared with you.

D. We always appreciate your feedback or other suggestions about besure, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

 

8. SAFETY

We do our best to keep besure safe and this includes the following commitments by you:

A.You will not disseminate unauthorized commercial communications (such as spam) on besure.

B. You will not collect users'' content or information, or otherwise access besure, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.

C. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on besure.

D. You will not upload viruses or other malicious code.

E. You will not solicit login information or access an account belonging to someone else.

F. You will not bully, intimidate, or harass any user.

G. You will not upload or otherwise post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

H. You will not use besure to do anything unlawful, misleading, malicious, or discriminatory.

I. You will not do anything that could disable, overburden, or impair the proper working or appearance of besure, such as a denial of service attack or interference with page rendering or other besure functionality.

J. You will not facilitate or encourage any violations of these User Terms or our policies.

 

9. REGISTRATION AND ACCOUNT SECURITY

 

You the user are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs within your account. The user agrees to notify besure immediately of any unauthorized use of the users account or password, or any other breach of security that has taken place. You may be held liable for losses incurred by besure or any other user or visitor to the platform due to someone else using your password or account as a result of you failing to keep your account information secure and confidential.

You may not use anyone else’s besure identification, password or account at any time.

In order to use some aspects of the Services, you must register for and maintain an active personal user Services account ('Account'). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to besure certain personal information, such as your name, address, mobile phone number and age, as well as other information set forth in greater detail in our Privacy Policy. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to do so may result in your inability to access and use the Services or besure's termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and, as such, you agree to maintain the security and secrecy of your Account login information at all times. Unless otherwise permitted by besure in writing, you may only possess one Account.

Besure users provide their real names and information. You agree that:
 

A. You will not provide any false personal information on besure, or create an account for anyone other than yourself without permission.

B. You will not create more than one personal account.

C. If we disable your account, you will not create another one without our permission.

D. You will not use your account primarily for your own commercial gain, and will not use besure for such purposes.

E. You will not use besure if you have been convicted of a felony.

F. You will keep your contact information accurate and up-to-date.

G. You will not share your account, let anyone else access your account, or do anything else that might jeopardize the security of your account.

H. You will not transfer your account to anyone without first getting our written permission.

I. We reserve the right to remove any of your content at our sole discretion.

 

TWO STEP VERIFICATION PROCESS:

Besure platform adds an extra layer of security in the form of a four-digit code, which will be sent to a user’s mobile phone. This is done by a 2-Step verification process (also known as two-factor authentication). A two-step verification process will be required by all users in the following instances:
 

i. Any time an external transaction takes place, i.e. receipt of paypal funds.

ii. Any time a user purchases credit.

iii. Any time a user initiates a payout.

 

10. PROTECTING OTHER PEOPLE''S RIGHTS

 

A. We respect other people's rights, and expect you to do the same.

B. You will not post content or take any action on besure that infringes or violates someone else's rights or otherwise violates the law.

C. We can remove any content or information you post on besure or otherwise disseminate via besure if we, in our sole discretion, believe that it violates this User Terms Statement, our policies, or the rights of any other users.

D. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, please contact us at support (at) besure (dot) com.

E. If you repeatedly infringe other people's intellectual property rights, we will disable your account.

F. You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by besure.

G. You will not post anyone's identification documents or sensitive financial information on besure.

H. You will not copy, forward, redirect, or otherwise communicate to any third party the identification documents you see on besure.

 

11. MOBILE AND OTHER DEVICES

 

A. If you use a mobile device to access besure, your carrier's normal rates and fees, such as text messaging and data charges, will still apply.

B. You provide consent and all rights necessary to enable users to view, via their mobile devices, any information that is visible to them on the Platform.

 

12. ABOUT ADVERTISEMENTS AND OTHER COMMERCIAL CONTENT SERVED OR ENHANCED BY BESURE

 

We may deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:

A. We do not give your content or information to advertisers without your consent.

B. You understand that we may not always identify paid services and communications as such.

 

13. THIRD PARTY INTERACTIONS

 

A. During your use of besure, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through a link on the Platform or the App. These links take you off the Platform, the App and the Service and are beyond besure's control. The websites or applications you can link to have their own separate terms and conditions as well as a privacy policy. Besure is not responsible and cannot be held liable for the content and activities of these third party websites or applications. You therefore visit or access these websites entirely at your own risk.
 

B. These other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.

 

14. TERM AND TERMINATION OF THE CONTRACT

 

The Contract between besure and you is concluded for an indefinite period. You are entitled to terminate the Agreement at all times by permanent deletion of your user account. To do this, you must contact us through support (at) besure (dot) com and follow the instructions for removal. Besure is entitled to terminate the Agreement at all times and with immediate effect (by disabling your use of the Platform and Services) if you:
 

A. Violate or breach any of these User Terms.

B. In the opinion of besure, misuse the Platform, the App, or the Services.

Besure is not obliged to give notice of the termination of the Agreement in advance. After termination besure will give notice thereof in accordance with the User Terms.

 

15. PAYMENTS

 

You understand that use of the Services may result in payments by you for or as part of the services you receive ('Charges'). After you have received services obtained, besure will facilitate payment of the applicable Charges by redirecting you to our third party payment processing agent.

All Charges are due immediately.

Besure reserves the right to establish, remove and/or revise Charges for any or all aspects of the Services at any time at besure's sole discretion. Besure will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your account regardless of your awareness of such Charges or the amounts thereof. Besure may, from time to time, provide certain users with promotional offers and discounts that may result in different Charges for the same or similar Services. You agree that such promotional offers and discounts, shall have no bearing on your use of the Services or the Charges applied to you.

 

16. FUNDING

 

A. BUYING OF CREDITS


To participate in a pool within the besure Platform, users will be required to purchase credits. Each credit has a value of 1:1 meaning 1 CAD is equal to 1 “credit”. Upon users receiving credit, that credit amount will be applied to the users account.
 

Once the user’s account has been credited, the user can:

a) Contribute to pools by applying credit.

b) See transactional history of credits of all credits used and unused.

c) Redeem/withdraw any amount in credits for cash.

d) Choose method of redemption.

 

B. REDEMPTION OF CREDITS

 

Users may withdraw any credit within their balance subject to pool handling fee (see below). Users will have the option to withdraw their credit value in cash (1:1 CAD) via two methods:

a) Cheque: user can choose to receive a guaranteed cheque via post.

b) Paypal: The user will have the option to receive their funds via paypal.

Users will also have the option of applying their credit to other pools without purchasing additional credits (roll over).

All transactions within the besure platform will require the use of credits. For example, the use of credits will not only be used for the purpose of joining pools and users receiving credits, they will also be used by the besure platform to credit user accounts in circumstances where the user has requested to leave the pool prior to pool coverage start date. If pools do not launch, users will be credited their full balance and their account will be updated to reflect this.

 

C. HANDLING FEE

 

a) Any purchase of credit through a 3rd party will be subject to a handling fee.

b) Any credit payout through a 3rd party will require a handling fee to process such payment to the user.

The following is a list of our handling fees:

Paypal (purchase): 2.9% of the transaction amount + $0.30 CAD.

PayPal (payout): 2.9% of the transaction amount + $0.30 CAD.

Cheque (payout): FREE



 

17. AMENDMENTS

 

A. We may amend these User Terms and other policies without prior notification to you.

B. If we make material changes to policies, guidelines or other terms referenced in or incorporated by these User Terms, we will provide notice on the Platform.

C. Your continued use of besure, following changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.

 

18. INTELLECTUAL PROPERTY OWNERSHIP

 

A. Besure alone (and its licensors, where applicable) shall own all rights, title and interest, including all related intellectual property rights, in and to besure, the Platform, the App and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to besure, the Platform, the App or the Services.
 

B. These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to besure, the Platform, the App, the Services, or any intellectual property rights owned by besure. Besure's name, logo, and the product names associated with the Platform, the App and Services are trademarks of besure, its affiliated companies or third parties, and no right or license is granted to use them.

 

19. INTERNATIONAL TRANSFERS OF YOUR INFORMATION

 

You understand and consent to the transfer, storage, use or process of your information to Besurance Corporation and any of its affiliated companies or service providers who may be located in a different country to you. All said transfer, storage, or process of your information shall be subject to the Privacy Policy and applicable laws on privacy protection and personal information security.
 

20. SPECIAL PROVISIONS APPLICABLE TO SOFTWARE

 

A. If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software. 

B. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.

 

21. SPECIAL PROVISIONS APPLICABLE TO BESURE POOLS

 

Among its other services, besure provides a technology platform that enables users of besure's App or Platform provided as part of the Services to create, arrange, administer, participate in a community of like-minded individuals who seek to protect each other against certain losses ('Besure Pools').

Unless otherwise agreed by besure in a separate written agreement with you, this platform is made available solely for your personal, non-commercial use.

All participants of these services agree to abide by the Terms of Use, Pool Bylaws, Pool-Specific regulations, Geographic and Demographic conditions, Pool details, Evidence requirements, Claim Submission rules, Community Court rules, and Claim Adjudication rules.

 YOU ACKNOWLEDGE THAT BESURE DOES NOT PROVIDE INSURANCE SERVICES, IS NOT ENGAGED IN THE BUSINESS OF INSURANCE, OR FUNCTION AS AN INSURANCE PROVIDER, BROKER, AGENT OR RESELLER. BESURE’S SERVICES MAY BE USED BY YOU TO PARTICIPATE IN A COMMUNITY OF LIKEMINDED INDIVIDUALS FOR THE INDIVIDUALS’ MUTUAL BENEFIT. YOU AGREE THAT BESURE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO YOUR PARTICIPATION IN BESURE POOLS THROUGH THE USE OF THE SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
 

BESURE DOES NOT GUARANTEE THE SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PARTICIPANTS. BESURE WILL NOT PARTICIPATE IN DISPUTES BETWEEN YOU AND A THIRD PARTY PARTICIPANT. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING THIRD PARTY PARTICIPANTS THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL, OR OTHERWISE OBJECTIONABLE, AND USING THE SERVICES IS AT YOUR OWN RISK AND JUDGMENT. BESURE SHALL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH THIRD PARTY PARTICIPANTS.

 

22. SPECIAL PROVISIONS APPLICABLE TO ADVERTISERS

 
If you use besure for creation, submission and/or delivery of any advertising or other commercial or sponsored activity or content (collectively, 'Advertising Activities'), you agree to comply with our Advertising Guidelines.

 

23. TERMINATION

 

If you violate the letter or spirit of these User Terms, or otherwise create unacceptable risk for the other members of our community pools, or create possible legal exposure for us, we can stop providing all or part of besure's services to you, and may terminate your Account. We will notify you by email or at the next time you attempt to access your account. You may also deactivate or delete your account at any time.

 

24. DISPUTES

 

A. You will resolve any legal dispute you have with us arising out of or relating to these User Terms or besure exclusively in accordance with DE Law. The laws of Delaware, U.S.A. will govern these User Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions and you agree to submit to the personal jurisdiction of courts located in Delaware, U.S.A. for the purpose of litigating all such claims.

B. If anyone brings a claim against us related to your actions, content or information on besure, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on besure and are not responsible for the content or information users transmit or share on besure. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on besure. We are not responsible for the conduct, whether online or offline, of any besure user.

 

C. WE TRY TO KEEP BESURE UP, BUG-FREE, AND SAFE BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING BESURE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT BESURE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT BESURE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. BESURE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE BESURANCE CORPORATION, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED TO ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR BESURE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR BESURE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, BESURE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

25. CLAIMS OF COPYRIGHT INFRINGEMENT

 

Claims of copyright infringement should be sent to besure’s designated agent. Please contact support (at) besure (dot) com for the designated address and additional information.\

 

26. MISCELLANEOUS

 

A. This Agreement, and any agreements linked herein, makes up the entire agreement between the parties regarding besure and supersedes any prior agreements.

 

B. If any portion of these User Terms is found to be unenforceable, the remaining portion will remain in full force and effect.

 

C. If we fail to enforce any of these User Terms, it will not be considered a waiver.

 

D. Any amendment to or waiver of these User Terms must be made in writing and signed by us.

 

E. You will not transfer any of your rights or obligations under these User Terms to anyone else without our consent.

 

F. All of our rights and obligations under these User Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

 

G. Nothing in these User Terms shall prevent us from complying with the law.

 

H. These User Terms does not confer any third party beneficiary rights.

 

I. We reserve all rights not expressly granted to you.

 

J. You will comply with all applicable laws when using or accessing besure.

 

K. By using or accessing besure, you agree that we can collect and use such content and information in accordance with the Privacy Policy as amended from time to time.


Date of Last Revision: January 15, 2017

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