Thank you for visiting our platform! Please read these Terms of Use (the “Terms”) carefully. They contain important information about your legal rights, remedies, and obligations.
By accessing or using the platform, you agree to comply with and be bound by these terms, our privacy policy, and all applicable laws and regulations. If you do not agree to these terms, you must not access or use the platform.
Please see the definitions section at the end of these terms for any other capitalized terms not otherwise defined.
If you have any questions about these terms, please email us at privacy@painworth.com.
In these Terms, “Settle Smart”, “we”, “us” and “our” means Settle Smart Ltd., operating under the business names Painworth and/or PainWorth Pro, a corporation registered and operating under the laws of Alberta, Canada. “You” and “your” means the person who uses a Device to access the Services through the websites, www.painworth.com, pro.painworth.com www.adjustly.ca, app.painworth.com, app.pro.painworth.com, or [yourcompany].pro.painworth.com (together the “Website”). These Terms govern your access and use of the Platform, which includes your use of the Website, any application web, mobile, tablet, or other smart-device applications, and application program interfaces (collectively the “Application”) and all associated services (the “Platform Services”).
These Terms include and incorporate by reference the following important documents, as applicable and as they may be in effect and modified from time to time:
Collectively, these contracts are referred to as the “Terms of Service”.
WE RESERVE THE RIGHT IN OUR SOLE DISCRETION TO REVISE AND UPDATE THE TERMS OF SERVICE FROM TIME TO TIME. IF WE DEEM IT APPROPRIATE, WE WILL SEND NOTICE TO YOU OF ANY REVISION OR UPDATE TO THESE TERMS OF SERVICE. ANY AND ALL SUCH MODIFICATIONS ARE EFFECTIVE IMMEDIATELY UPON POSTING AND APPLY TO ALL ACCESS, AND CONTINUED USE OF, THE PLATFORM. YOU AGREE TO PERIODICALLY REVIEW THE TERMS OF SERVICE TO BE AWARE OF ANY SUCH MODIFICATIONS. YOUR CONTINUED USE OF THE PLATFORM SHALL CONSTITUTE YOUR ACCEPTANCE OF THE THEN-CURRENT TERMS OF SERVICE.
THE PLATFORM MAY BE CHANGED, WITHDRAWN OR TERMINATED AT ANY TIME IN OUR SOLE DISCRETION WITHOUT NOTICE TO YOU OR ANY OTHER USER. WE WILL NOT BE LIABLE IF FOR ANY REASON ALL OR ANY PART OF THE PLATFORM IS RESTRICTED TO YOU OR ANY OTHER USER OR IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. ANY REVISIONS TO THE TERMS OF SERVICE WILL TAKE EFFECT ON THE LAST NOTED EFFECTIVE DATE.
YOU ARE RESPONSIBLE FOR OBTAINING YOUR OWN ACCESS TO THE PLATFORM. YOU ARE REQUIRED TO ENSURE THAT ALL PERSONS WHO ACCESS THE PLATFORM THROUGH YOUR INTERNET CONNECTION ARE AWARE OF, AND COMPLY WITH, THE TERMS OF SERVICE. YOU ARE RESPONSIBLE FOR ANY SECURITY BREACHES OR PERFORMANCE ISSUES RELATING TO YOUR USE OF THE PLATFORM.
YOU UNDERSTAND THAT BY USING THE PLATFORM AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING THE ARBITRATION PROVISIONS OF THESE TERMS (SUBJECT TO YOUR RIGHT TO OPT OUT OF THE ARBITRATION PROVISION AS PROVIDED BELOW). IF YOU USE THE PLATFORM ON BEHALF OF AN ORGANIZATION OR LAW FIRM YOU AGREE TO THE TERMS OF SERVICE ON BEHALF OF SUCH ORGANIZATION OR LAW FIRM AND IN DOING SO YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION OR LAW FIRM TO THE TERMS OF SERVICE AND AGREE THAT YOU ARE BINDING BOTH YOURSELF AND THAT ORGANIZATION OR LAW FIRM TO THE TERMS OF SERVICE.
Under these Terms, the Platform Services means the features, functionality, content, and information provided by us via the Platform and include any services that may be provided by Service Providers and Third Parties.
The Platform Services currently available through the Platform include:
Some of the Platform Services may be provided in whole or in part by Service Providers and Third Parties. The Platform Services are currently available in English only, despite any language settings on your Device.
The Platform Services and the Platform may not be accessible at all times. In addition, functionality, features, content, or information may change, and may not always be available.
WE ARE NOT LAWYERS, A LAW FIRM, INSURANCE ADJUSTERS, OR PERSONAL INJURY PROFESSIONALS OF ANY TYPE. WE DO NOT ENGAGE IN THE PRACTICE OF LAW OR THE PROVISION OF LEGAL SERVICES AND DO NOT PROVIDE ANY LEGAL OR OTHER PROFESSIONAL ADVICE OR OPINIONS THROUGH THE PLATFORM. SETTLE SMART DOES NOT GUARANTEE ANY SERVICES BOOKED, CREATED, OR DELIVERED USING THE PLATFORM. YOU ARE AWARE THAT LEGAL SERVICES ARE SUBJECT TO INHERENT RISKS AND OTHER FACTORS BEYOND SETTLE SMART’S CONTROL. YOU ACKNOWLEDGE THAT SETTLE SMART DOES NOT DRAW LEGAL CONCLUSIONS, PROVIDE LEGAL ADVICE, OPINIONS, OR RECOMMENDATIONS ABOUT THE LEGAL RIGHTS, REMEDIES, DEFENCES, OPTIONS, OR STRATEGIES, OR APPLY THE LAW TO ANY FACTS OF ANY PLATFORM USER’S PARTICULAR SITUATION.
SETTLE SMART IS NOT AUTHORIZED UNDER ANY APPLICABLE LAWS TO ENGAGE IN THE PRACTICE OF LAW OR THE PROVISION OF LEGAL SERVICES.
Settle Smart’s purpose is to enable users of the Platform to calculate the potential damages related to their personal injury claims. The data we provide can help you settle your personal injury claim(s), however, it will not settle your personal injury claims for you. The Platform is a do-it-yourself service. It is only as accurate as the information you enter into the Platform and results will vary depending on what you decide to do with the information on the Platform.
The information provided on the Platform is for informational purposes only. You are advised to seek legal or other professional advice by contacting a lawyer, insurance adjuster, or other relevant professional. Your use of or access to the Platform does not create a lawyer-client or other relationship or trust. We are also not a legal referral service. Any third party services you engage with through the Platform as provided “as is”, (please see section 10 - “Service Providers and Third Parties).
There are currently no fees charged to users of the Platform. However, pro.painworth.com does incur fees relating to your use of the Platform that are specified in the Master Service Agreement between You and your employer.
We may change the amount of our fees as the Platform develops. We will provide you with notice of any changes in fees, in accordance with the notice section of these Terms. All amounts are expressed in Canadian dollars.
You are responsible for all costs, fees, data plans and related charges associated with your use of any Devices, and they are not reimbursable by us.
We will collect information from and about you such as further described in the Privacy Policy, which overrules this agreement. You may obtain more information about our privacy policies here: PainWorth / PainWorth Pro.
We may obtain this information from a variety of sources, including from you, from participants in our affiliate or partner program who refer you to us, from service arrangements you make with or through us, from registries, from references you provide to us and from other sources, such as an employer, as is necessary for the provision of the Platform Services.
The information we obtain from and about you may be used from time to time for the following purposes:
We may use the information we obtain from and about you to promote our products and services and promote products and services of Third Parties we select, which may be of interest to you. We may communicate with you through various channels, including telephone, email, or mail, using the contact information you have provided to us. You may choose not to have your information shared or used for the “Other optional uses of your personal information” described above by contacting us as set out below and we will respect your choice.
You may obtain access to the personal information we hold about you at any time and review its content and accuracy, and have it amended as appropriate; however, access may be restricted as permitted or required by applicable laws. To request access to such information, to ask questions about our privacy policies or to request that the information not be used for any or all of the purposes outlined in “Other optional uses of your personal information” you may do so now or at any time in the future by contacting our Privacy Officer, Justin MacFayden at justin.macfayden@painworth.com.
You may obtain more information about our privacy policies here: Painworth / PainWorth Pro.
You can find our contact information here: Painworth / PainWorth Pro. We will contact you and provide notices using information you provide through the Platform. Except as provided below in the “Notices and Changes” section of these Terms, email is our primary method of communication. When we use email, we will send you electronic correspondence, including notifications, to the email address you provide to us through the Platform. It is your responsibility to keep your email address up to date. You understand that if you do not keep your email address up to date, we may not be able to complete the signup process or otherwise contact you.
If you do not wish to be presented with promotional content:
Without prior notice and for any reason, we can suspend or terminate your use of the Platform, and/or terminate part or all of these Terms for the following reasons: (i) any actual or intended violation of these Terms, including without limitation your failure to pay any fees owing; and (ii) any unlawful or inappropriate behavior, as determined by us, including without limitation unlawful or inappropriate use of Platform. We may also suspend or terminate your access to Platform, and/or terminate part or all of these Terms for convenience upon 15 days prior notice to you. We will not be responsible for any loss or inconvenience that may result from such suspension or termination for any loss or inconvenience that may result from such suspension or termination.
To terminate your use of the Platform and these Terms, you can contact us at the contact information provided in the “Communication” section of these Terms.
Any notice may be given to you through the Platform or pursuant to the “Communication” section of these Terms.
We can change (add, remove, or alter) any part or feature of the Platform, without giving you notice. Following any such change, these Terms will continue to apply to all or parts of the Platform. Subject to legal and regulatory requirements, we can also change these Terms by giving you notice of the change to the email address you provided when signing up for the Platform, either before or after the changes take effect. When giving you such notice we will also provide you with a copy of or a link to the updated Terms. If you use the Platform after we have notified you of a change, or after the Terms have been amended, you are deemed to have reviewed and accepted the new version of these Terms.
You must register and activate an Account to access and use certain features of the Platform. You acknowledge that Settle Smart reserves the right to refuse service to anyone and to cancel your access at any time, subject to any restrictions under Applicable Laws.
You will be required to provide Sign-In Credentials to access the Platform. You authorize us to accept, and you agree to be responsible for any instruction given by you or purported to be given by you using your Sign-In Credentials. Any instruction will have the same legal effect as if it was a written instruction and signed by you.
You are responsible for keeping your Sign-In Credentials confidential, and you must not disclose them to anyone. We will not be responsible for any losses that may result if you share or lose your Sign-In Credentials. When using the Platform, you agree that you will take all steps necessary to ensure that you do not reveal any confidential information to anyone other than us. This includes making sure that other people cannot see your Device screen.
You must also:
Services We may use Service Providers and Third Parties to provide or to assist us in providing the Services or Third-Party Services. We do not sponsor or endorse any Third Party and we are not affiliated or associated with any Service Provider or Third Party.
When using the Platform:
You understand and agree that:
Service Providers and Third Parties retain all ownership rights, including all intellectual property rights, in Service Provider Services and Third-Party Services and to their trademarks and logos that appear on the Platform. Nothing in these Terms or the Platform should be interpreted as conferring any right for you:
You agree that we, Third Parties and Service Providers may use information and content you provide through the Platform to create use and distribute statistical, profiling, performance or operational reports about the Platform. These reports may be shared with Third Parties, in which case, the information in the reports will not be attributable to you.
A Third Party may pay us, or we may receive from a Third Party, directly or indirectly, a referral fee when we refer you to the Third Party and you elect to purchase or obtain products or services from the Third Party. We may also receive a fee from any Third Party’s refer you to us. The amount of any referral fee paid or received for referrals will not affect the fees paid or payable, if any, by you to us or to the Third Party.
Your use of the Platform must comply with these Terms and all applicable laws.
When using the Platform, you will not:
When using the Platform, you will:
We grant you a non-exclusive and non-transferable single-user (non-concurrent) license to use the Platform, in accordance with these Terms. At any time, and at our sole discretion, we may limit, restrict, suspend, declare a moratorium on, or terminate your ability to access the Platform; and with notice to you, we may end the terms relating to the Platform. If these Terms are terminated, you will destroy all copies of the Platform and all copies of any documentation for the Platform then in your possession. The grant of this license may not be assigned by you unless agreed upon in writing by us.
We retain at all times all ownership rights, including without limitation, copyright, in the Platform. You agree not to copy, reproduce, transfer copies or reverse engineer the Platform and not to disclose or distribute the Platform to Third Parties. We have no obligation to provide any training, maintenance, or other assistance for the Platform.
Settle Smart is the owner, or licensee, of all intellectual property rights subsisting on each screen made available through the Platform. Unless otherwise indicated, trademarks and logos, and all works, including texts, images, illustrations, software, HTML codes, audio clips and videos appearing on the Platform are the property of Settle Smart, or those of our licensors, and without our express written permission, may not be reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part, in any form whatsoever, except for personal and non-commercial use, including viewing, printing or archiving of electronic copies of your Platform activities, in accordance with these Terms and as we may further instruct you. Nothing in these Terms or on the Platform is to be interpreted as conferring a right to use our works, trademarks or logos in any other way, or those of any Service Providers.
We are providing you with the Platform, including all faults, on an “as is” and “as available” basis and we do not make any representations or provide any warranties concerning them. Without limiting the foregoing, we expressly disclaim all warranties in connection with the Platform, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, or that the Platform is or will be error-free or will operate without interruption.
In the event that there is an interruption or disruption in availability of the Platform, for whatever reason, even if Settle Smart has been made aware of an issue that could result in or is likely to result in an interruption or disruption, Settle Smart will use reasonable efforts to return service as soon as reasonably possible.
You are solely responsible for all information or content that you give us through the Platform and the Third Party Services. To the maximum extent permitted by applicable law, we will not be responsible for any loss, damage, harm, injury, delay or inconvenience suffered or incurred by you with respect to:
Such losses, damages, injuries, delays and inconveniences include, without limitation:
The foregoing limitation of liability applies regardless of the cause of action, even if we have been advised of the possibility of such damages. Notwithstanding the above, in no event will our total aggregate liability in connection with or under these Terms, or your use of, or inability to make use of, the Platform exceed $1,000. For greater certainty, the existence of one or more claims made under these terms will not increase this maximum liability amount.
In addition, in no event, even if we are negligent will we be liable for any loss or damage suffered by you that is caused by any one or more of:
You release and indemnify us for any claim, cost and liability incurred:
You will cooperate fully with us in the defense of any Claims. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims. We reserve the right to assume the exclusive defence and control of any Claims. You will not settle any Claims without, in each instance, the prior written consent of an officer of Settle Smart.
There may be terms, conditions, instructions or disclaimers related to the Platform, Third Party Services, or Offers displayed on the screens in the Platform, or when you click on icons or links on the Platform screens. By using any of the Platform or any Offers, you must access and agree that the terms, conditions, instructions or disclaimers apply to your use of or access to the applicable Services, Third Party Services, or Offers, in addition to the terms and conditions of any other applicable agreements.
Our records, including electronic records, including those of any Service Providers (whether used by them or us), regarding the Platform, including the retrieval, consolidation, organization and presentment of information, are final and conclusive. These records will be admissible in any legal, administrative or other proceedings. Furthermore, electronic data and records will be admissible as conclusive evidence of the contents of those records in the same manner as original paper documents. You waive any right to object to the introduction of any such electronic data or records into evidence.
These Terms and any related terms, conditions, instructions, disclaimers or documents may be accepted in electronic form and your acceptance is binding between you and us. Neither you nor we will contest the validity or enforceability of these Terms and any related documents because they were accepted or signed in electronic form.
If any provision of these Terms is found to be invalid or unenforceable, this will not affect the validity or enforceability of the other provisions of these Terms. Our failure to enforce strict performance of any provisions of these Terms does not mean we have waived any provision or right. Neither the course of conduct between you and us, nor trade practice modifies any provision of these Terms. We may assign or transfer these Terms on notice to you. You may not assign or transfer these Terms or any of the obligations or rights under these Terms to any other person.
We have the right at all times to assign any or all of our rights and obligations under these Terms. The Platform may then be delivered by the entity to whom we assign these Terms.
You and we have expressly requested that these Terms and all related documents, including notices, be drawn up in the English language.
Vous et nous avons expressément demandé que cette entente et tout document y afférent, y compris tout avis, soient rédigés en langue anglaise. (Quebec only / Québec seulement).
These Terms are entered into and governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. You and we agree that the City of Edmonton courts shall have exclusive jurisdiction over each of us for the determination of any matters arising out of these Terms.
