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TERMS OF SERVICE

1.0 INTRODUCTION

Welcome to Livelii! We start every new member relationship with a contract. The following contract spells out what you can expect from us, and what we expect from you. If you agree to what you read below, you should click “Yes” and sign at the end of the contract to acknowledge that you have agreed. We intend this to be the legal equivalent of your signature on a written contract, and equally binding.  Only by clicking “yes”and signing will you be able to access and use the services and products available through Livelii and it’s providers.

 

Services” means the support, technology, and resources provided directly by Livelii.

 

Products” mean the available plans, services, or items supplied by service providers accessible through Livelii.



 

2.0 LENGTH OF TERM

By submitting this application, and signing this relationship contract you are agreeing to subscribe to your selected services and products for a period of 12 consecutive months following your waiting period (90 days following initiative registration).



 

3.0 LIVELII MEMBER SERVICES 

Livelii provides support, administration, and technology to connect our members to products supplied by selected providers. Your access to the services and products available through this system depends on meeting our qualification criteria, your account status and your product selections. 

 

3.1 Qualification Criteria

Our services and products are available for independent workers, contractors, freelancers, consultants, gig workers or whatever you’d like to call yourself, as long as you are a Canadian (with the exception of Quebec - sorry guys, we’ll be there soon!) sole proprietor or incorporation of one as your business structure. Businesses that have employees are not currently eligible for our products. You’ve got to be 18+, and under 65 .

 

3.2 Livelii Account Status and Cancellation

You may change, modify, or cancel your account in accordance with the following memberships:

 

Subscribed

A subscribed member is a free account and may cancel at any time.

 

Eligible

An eligible member is a free account who has completed their waiting period and may select services and products or cancel at any time. Eligible members wishing to become enrolled may select services and products and agree to the terms of this contract. Once submitted to Livelii they will be enrolled within 2 business days and be notified via email once their selected services and products are active.

 

Registered

A registered member may cancel their account with a minimum of 45 days written notice of their next scheduled billing date within the 90 day waiting period or following the contract term of 12 consecutive months which begins on the first day of your enrolment.

 

Enrolled

An enrolled member may cancel their account with a minimum of 45 days written notice of their next scheduled billing date following the contract term of 12 consecutive months which begins on the first day of your enrolment.

 

A “subscribed member” is an individual who has submitted their email address to Livelii. The day their email is submitted effectively marks the first day of the 90 day waiting period.

 

An “eligible member” is an individual who has submitted their email address to Liveli and completed their 90 day waiting period.

 

A “registered member” is an individual who has registered and selected a service or product offering, read and acknowledged this contract, and has entered into a monetary relationship with Livelii.

 

An “enrolled member” is an individual who has registered and has active services and products with Livelii.

 

3.3 Account Changes

Some account modifications can be managed in your Livelii Account. Cancellations, updates and/or changes to profile information we have on record and have passed along to service providers to activate your selected products must be submitted to support@livelii.io.

 

We reserve the right to modify, suspend or terminate access to the services on our system at any time for any reason without warning and without any liability whatsoever, if we believe, in our sole discretion, that you are violating this Agreement, including the right to change your login identification code or password. We also reserve the right to delete all data files associated with your account and/or other information you have on our system. You agree and consent to authorizing us to periodically validate the information in your Livelii Account, and you provide your express consent to receive relatively pleasant emails pertinent to your account information and activity via email. You may unsubscribe from marketing communications at any time.


 

4.0 LIVELII MEMBER PRODUCTS

Products available through Livelii are exclusive to our members. Our contract covers Livelii’s terms of use for our services and any in turn our selected providers' products. Some providers will also offer services to support the relationship you have with them through Livelii. We’ll do our best to let you know who to contact for specific inquiries, and address any concerns you may have with your selected products. 

 

We reserved the right to remove ourselves from disputes between our members and service/product providers, however, will do our best to support in an appropriate capacity. Additional terms of use and documentation may be detailed in this contract or through the service/product provider directly and we encourage all members to review and use the resources accordingly.

 

4.1 Manulife Group Benefits Plan 

We act as a plan sponsor and administer group benefits plans for our members as provided by Manulife. Our plan is designed to support individuals and their families who meet our criteria, and is not intended to address specific medical conditions or unique situations, although some coverage may apply. In the event that specific conditions or unique situations exist, we do not complete pre-authorization requests to qualify specific medications, dental procedures or extended health care. It is our intent to provide a benefits plan and policy equivalent to what would be provided by a traditional employer for your members. Our plans and policies can be used in tandem with other coverage secured under the individual members name, as well as for coordination of benefits with plans secured under dependants names (policies that your spouse has registered you for).

 

Livelii offers both individual and family group benefits plans. If you have a spouse or children who are considered dependants, they must also be included in your selected product. In the event that your dependants have coverage under another plan, members have the opportunity “opt out” of including them, which needs to be disclosed at the time of registration and reviewed on a case by case scenario.

 

A “dependant” is your legal spouse, or a person continually living with you in a role like that of a marriage partner for at least 12 months, or your natural or adopted child who is unmarried under the age of 21, or under the age of 26 if a full time student*, not employed on a full-time basis, not eligible for insurance or any other Group Benefit Program.

 

*Further details of eligibility for children are defined in the Livelii Benefits Booklet under Definitions Page 23.

 

Our Role

We handle all of the administrative tasks, your questions about plan details, provide your policy and member ID numbers, and your plan member booklet. We negotiate the plan inclusions and pricing on behalf of our membership and welcome your input throughout our relationship via surveys or directly at support@livelii.io. We will provide receipts and necessary documentation to you for expense and tax purposes. 

 

Inclusions & Renewal 

We reserve the right to modify any products that you have selected which includes plan details and inclusions annually, on January 1, in accordance with our selected providers renewal timing. We work together as a group, to determine plan details and inclusions, which may also change and are determined by:

 

1. What the Livelii community (you!) wants to see (we’ll collect your input), 

2. Member usage habits, and 

3. How many members we have 

 

It’s our job to listen to our members and we’ll do our darndest to always negotiate for the better on your behalf as a group. 



 

5.0 FEES AND PAYMENT

When you register we will charge you a deposit equivalent to 2 months of the current published rate of your selected product(s). Once you have reached eligibility (completed the 90 day waiting period) you will be enrolled and notified of your products being active. You will be billed the published monthly fee in 30 day periods following the date of your enrolment for the services selected for 12 months. If we are unable to process your payment for any reason, we will notify you. If we have not received and processed your payment on or before the last day of that billing cycle we will use a portion of your deposit to pay the balance owed. 

 

5.1 Livelii Account Balance

Your deposit will be held in your Livelii Account and be used for:

 

  1. Payment towards your first month(s) subscription; or, 

  2. Payment towards your final month upon cancellation or termination notification; or, 

  3. Full or partial payment towards an ongoing monthly payment that was declined; or,

  4. Insufficient fund charges in the event that your monthly subscription charges are declined ($15), and your deposit balance is insufficient to cover your monthly charges.

 

5.2 Termination

In the event that we are unable to process your payment in full by the methods described above by the last day of that billing cycle your selected products and services will be suspended. In the event that you are within your contract term, you will be deemed in breach of this contract. The remaining balance of your contract will be sent to collections for payment. You will be liable for our costs associated with collection in addition to the amount collected, including without limitation attorneys’ fees, court costs, collection agency fees, and any applicable interest.

 

In the event that there is a balance remaining upon conclusion of the contract, and all obligations have been met, it will be returned to you within 10 business days.

 

If your Livelii Account is terminated or suspended, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using Livelii, its services, and its providers products, (c) that the rights granted under this Agreement shall immediately cease, (d) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (e) that we shall not be liable to you or any third party for termination or suspension of access to Livelii or for deletion of your information or account data.

 

We will not be liable to you for compensation, reimbursement, or damages in connection with your use of Livelii, its services and its providers products, or in connection with any termination or suspension of Livelii. Any termination of this Agreement does not relieve you of any obligations to pay any fees or costs owed by you to us as provided in this Agreement.

 

In the event that your account is terminated, you may re-apply for a Livelii Account which may or may not be approved at our sole discretion. You will need to go through the qualification process again, and reach eligibility (complete the 90 day waiting period). This will effectively engage a new contract at the time of registration.

 

Eligibility” means a member or subscriber who has completed the mandatory 90 day waiting period.

 

Enrolled” means a member who has completed the mandatory 90 day waiting and has been enrolled in their selected service offering. This will automatically occur on day 90 for members.

 

5.3 Published Pricing

Our subscription pricing always covers three things. The hard costs of the products you have selected, the service you receive from Livelii, and the hard costs to collect payment.  We will apply any applicable HST/GST/RST at the time of your payment processing. 

 

The portion that is for Livelii is used to run our business (we're a lean machine - but we've still got people to pay), develop new products and tech, and to BUILD a massive community so we can keep doing better for our members. 

 

Our current pricing model effective until December 31, 2021 is:

Breakdown
Individual
Family
Payment Processing
$4(ish)
$7(ish)
Benefits Policy
$68
$147
Livelii Operations
$27
$45

5.4 Group Benefits Plan Pricing

Our selected provider, Manulife, renews our policy on January 1st of each calendar year.  As noted above, this is determined by our member’s behaviour and how many of us there are. During your contract it is likely that your monthly published fee may increase or decrease for your selected products and services with Livelii. We reserve the right to change our fees for services and products, but, whenever possible we will give you at least 45 days advance notice of such change.


 

6.0 REWARDS

You may earn rewards for certain activities and participation on the Livelii platform. These rewards will be applied to your Livelii Account and be held with your deposit and applied in the same way as outlined above in the Livelii Account Balance or proactively redeemed against balances owing.


 

7.0 TAXATION

Portions of Group Benefits plans are considered taxable income, and Livelii will issue you a T4A to file with your annual taxes. We will submit this directly to the CRA on your behalf as well. 


 

8.0 SYSTEM RULES

In order to access and use Livelii, you are required to register for a member account (“Livelii Account”). When registering and creating a Livelii Account, you agree to: (a) provide accurate, current and complete account and other banking information to Livelii and it’s selected providers (if applicable); (b) maintain the security of your password, not share your password with any other person and accept all risks of unauthorized access to your account; and (c) promptly notify us if you discover or otherwise suspect any security breaches related to Livelii. 

 

We need to make sure you, are you, and your business, is your business. We verify your identity and authority in connection with the business you have registered with your Livelii Account, you expressly consent to our using certain of your personal information such as your full name, date of birth and other personal details, third party provider identifiers such as mobile phone number, and consultation with credit bureaus and other applicable third parties to perform a soft credit check. We will also confirm the existence of incorporated entities with government sources.

 

By registering for a Livelii Account and each time you access and use Livelii, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) all information you submit or post via Livelii, including your profile and your Livelii Account is truthful and accurate; (c) you will maintain the currentness and accuracy of all such information with Livelii and its’ selected providers; (d) your use of Livelii does not violate any applicable law or regulation. 


 

9.0 USAGE TERMS

In Using or Accessing Livelii You Agree That:

 

9.1 By accessing or using Livelii or the Content, you agree that you will not: (a) access or use Livelii or Content in any manner that could interfere with, disrupt, negatively affect or inhibit anyone from fully enjoying and using Livelii or the Content; (b) damage, disable, overburden or impair the functionality of Livelii or the Content in any manner; (c) access or use Livelii or the Content for any illegal or unauthorized purpose, including for the purposes of circumventing Livelii, or engage in, encourage, or promote any illegal activity, or any activity that violates this Agreement, community standards or any other terms or policies provided in connection with Livelii or the Content; (d) use or attempt to use another user’s account without authorization from such user; (e) modify, adapt, hack or emulate Livelii or the Content or “frame”, “mirror” or otherwise copy any portion of Livelii without our express written authorization; (f) use any robot, spider, crawler, scraper or other automated means or interface not provided or authorized by us to access Livelii or the Content or to extract data; (g) circumvent or attempt to circumvent any filtering, security measures or other features designed to protect Livelii or the Content, or third parties; (h) infringe upon or violate our rights and/or those of our users or any third party; (i) attempt to access or search Livelii or download Content from Livelii through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than via the online platform and/or search agents provided by us; (j) access, tamper with, or use non-public areas of Livelii, our computer systems, or the technical delivery systems of our providers; (k) gather and use information, such as other users’ names, real names, email addresses, available through Livelii to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (l) use Livelii for any commercial purpose or for the benefit of any third party or in any manner not authorized by this Agreement; or (m) encourage or enable any other individual to do any of the foregoing. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting anyone who violates this Agreement.

 

9.2 You agree not to sell, distribute, disseminate or link to any sites for marketing, sales, distribution of: firearms, explosives, ammunition, tobacco (including e-cigarettes), alcohol products as well as any products or services that (a) you cannot legally sell, (b) are misrepresented, or (c) if sold using Livelii, could cause us or our affiliates and licensors to violate any law, statute or regulation.

 

9.3 We own the aggregated and statistical data derived from the operation of Livelii, including demographic information submitted to Livelii and its selected providers, and usage habits of products provided through Livelii (the “Aggregated Data”). Our Aggregated Data will not reveal your identity or confidential information, including your specific data entered by you into Livelii. Except as outlined above, as between you and us, you retain all right, title and ownership of your Confidential Information.

 

9.4 We reserve the right, upon reasonable notice, to: (a) charge for access to some or all of Livelii, charge for access to premium functionality, content or other features or services offered by Livelii, or require a subscription or account registration to access some or all of Livelii; (b) change terms and conditions for Livelii or portions thereof; and (c) restrict access to Livelii or portions thereof, in whole or in part, based on any lawful eligibility requirements we may elect to impose (e.g. geographic or demographic limitations). You are responsible for obtaining and maintaining, at your sole cost, your connectivity and all related technology and other equipment and software, and services necessary for you to access and use Livelii.

 

9.5 You will at all times adhere to all applicable laws, rules, and regulations applicable to your use of Livelii. You may not act as a payment intermediary, aggregator or service bureau or otherwise resell Livelii on behalf of any third party. We may inspect your Livelii Account for any reason, including without limitation to investigate any alleged violation of this Agreement, our policies or any third-party complaints. In the event that we determine, in our sole discretion, that your conduct or actions are objectionable, unlawful, potentially infringing, or otherwise in violation of this Agreement or our policies, we may take any action that we deem appropriate and reasonable to protect our systems, facilities, users, or third parties. Such corrective action includes, but is not limited to: (a) issuing a warning; (b) immediately suspending or terminating your Livelii Account; and (c) restricting or prohibiting access to your Livelii Account. Subject to applicable law, we may access, use, and disclose transaction information about your use of Livelii or your Livelii Account to: (i) comply with law (e.g., a lawful subpoena); (ii) to enforce or apply our agreements with you; (iii) initiate, render, bill, and collect for Livelii; (iv) protect our rights or property; or (v) protect other users from fraudulent, abusive, or unlawful use of Livelii.

 

9.6 Except as required by law, you are solely responsible for (a) compiling and retaining permanent records of all transactions and other data associated with your Livelii Account and your use of Livelii, and (b) reconciling all transactional activity in your Livelii Account. Upon the termination of this Agreement for any reason, we will have no obligation to you to store, retain, report, or otherwise provide any copies of, or access to, any records, documentation or other information in connection with any transactions with Livelii.


 

10.0 BETA SERVICES

We may release certain new functionalities or services to be made available in connection with Livelii (the “Beta Services”). We’re growing, and our Beta Services are pre-release versions of features, functionality or services that have not been generally released to all users. In the event you use, test or evaluate any of the Beta Services as provided by us, you acknowledge and agree that: (a) the Beta Services will be experimental and will not have been fully tested; (b) the Beta Services may not meet your requirements; (c) the use or operation of the Beta Services may not be uninterrupted or error free; (iv) your use of the Beta Services will be for purposes of evaluating and testing the new functionality and services and providing feedback to us. Your use of the Beta Services shall be subject to all of the terms and conditions detailed in this Agreement. We’d love your support in promptly report any errors, defects, or other deficiencies in the Beta Services to us at support@livelii.io or otherwise identified channels. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, ALL BETA SERVICES ARE PROVIDED “AS-IS” AND “AS-AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND. You hereby waive any and all claims, now known or later discovered, that you may have against us and our suppliers and licensors arising out of your use of the Beta Services.


 

11.0 FEEDBACK AND COMMUNITY CONTRIBUTION

We want to hear from you. You may provide suggestions, comments or other feedback to us with respect to Livelii or any of the products and services available through us. Feedback is voluntary, and we may use it for any purpose without obligation of any kind. This means that any ideas, feedback, or information provided to Livelii becomes our intellectual property.


 

12.0 CONFIDENTIALITY

Your access or use of Livelii may provide you with access to certain non-public information or materials relating to our products and services, intellectual property, business, marketing programs and efforts, and other sensitive information. Our confidential information is just that - confidential. Anything that is delivered to your account, your contact information and is not available online - is considered confidential.  We’d like to keep it that way. You agree not to disclose Confidential Information unless it is required to be disclosed by subpoena or other similar order of any court or government agency. If this happens, you shall let us know promptly in writing and provide a copy of what has been released, and shall only disclose the Confidential Information requested. On termination or expiration of this Agreement, you will return or destroy our Confidential Information.

 

12.1 By using Livelii, you may receive information about providers or other third parties. You must keep such information confidential and only use it in connection with Livelii. You may not disclose or distribute any information or use the information for marketing purposes unless you receive the express consent of Livelii or the applicable provider. You are solely responsible for compliance with any privacy laws applicable to your use of Livelii.

 

12.2 The collection, use and disclosure of information by Livelii is disclosed in our Privacy Policy (http://liveli.io/privacy-policy). We may share certain contact information (e.g., name, address, e-mail address) with a third party in the event that we receive inquiries for customer service purposes, regulatory or governmental agencies or in order for us or our agents, contractors or affiliates to comply with applicable legal requirements. 


 

Here is where the legal jargon starts - sorry.


 

13.0 DISCLAIMER

Livelii, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE, PRODUCTS OR TECHNOLOGY OBTAINED THROUGH Livelii ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, TITLE, AND NON-INFRINGEMENT; (B) THAT Livelii WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, ACCURATE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR, OR WILL CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY; OR (C) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR TRADE USAGE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF Livelii AND ANY CONTENT MADE AVAILABLE TO YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.


 

14.0 LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER US NOR ANY OF OUR SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES, VENDORS, LICENSORS OR OTHER THIRD-PARTIES ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SERVICES, SHARED CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, OR ANY CONTENT PROVIDED, OR MADE AVAILABLE, INCLUDING ANY THIRD PARTY SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH Livelii, OR ANY SERVICE, CONTENT OR SITE, IS TO STOP USING Livelii AND THOSE SERVICES.

 

14.1 Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to $100. You acknowledge that based upon the business model adopted by Livelii, the foregoing limitation on liability constitutes a fair and reasonable allocation of risk by the parties.

 

14.2 In no event will we be liable to you for any failure or delay by us (or our employees, agents, or representatives) in performing our obligations under this Agreement, regardless of whether the failure or delay is caused by an event or condition beyond our control. The laws of certain provinces or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in this Agreement.


 

15.0 INDEMNITY

You will indemnify and hold harmless us, our providers, subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, and Livelii users from and against any and all claims, costs, losses, damages, judgments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of our policies; (b) your wrongful or improper use of Livelii; (c) your failure to comply with any applicable laws or regulations in connection with your use of Livelii; (d) any transaction submitted by you or products or services sold or provided by you via Livelii; (e) any claim or dispute arising out of products or services offered or sold by you; and (f) your Freelancer Account and any transactions that you submit to Livelii either for yourself or on behalf of Buyers.


 

16.0 NOTICES

Except as explicitly stated otherwise, legal notices shall be served on Livelii via e-mail to hey@livelii.io. We may give you legal notice by mail or e-mail to the address provided during the registration process. In these cases, notice shall be deemed given three days after the date of mailing.


 

17.0 MISCELLANEOUS

We reserve the right to change, suspend, remove, discontinue or disable access to Livelii or Content or particular portions thereof, at any time and without notice. In no event will we be liable for the removal of or disabling of access to any portion or feature of Livelii or Content. If any provision of this Agreement is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect. In our sole discretion, we may assign this Agreement without your consent. You may not assign this Agreement without our express consent. Nothing contained in this Agreement will be deemed to establish a partnership, joint venture, association, or employment relationship between the parties. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. You may report complaints or post comments by emailing hey@livelii.io.

I have read and agreed to all terms and conditions, 

Your Name: 

First Name Last Name

Signed and effective as of *

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