Terms and Conditions

1.    Terms of Licence
This Licence can only be used by one person.  If any other persons are to use the Kit they must license another copy of the Kit by purchasing it.  You may use the kit as many times as you wish.  If you end up with another WorkSafeBC claim and/or appeal in the future, you can use it again.

2.     Restrictions on Use
You shall not rent, lease, resell, sublicense, assign, distribute, give, or otherwise transfer the Kit or this Licence. Any attempt to do so shall be void and render this Licence and your rights under this Agreement void and of no effect.

3.    Ownership
This Licence provides you with limited rights to use the Kit. Dykstra & Company, Lawyers (the “Owner”) retains all ownership, right, title, copyright, and interest in, to and of the Kit and all copies of it. All rights not specifically granted in this Licence, including domestic and international copyrights, are reserved by the Owner.

4.    Proprietary Markings
The Owner’s logos, product names, manuals, documentation, and other support materials are either patented, copyrighted, trademarked, constitute valuable trade secrets (whether or not any portion of them may be copyrighted or patented) or are otherwise proprietary to the Owner. You shall not remove or obscure the Owner’s copyright, trade mark or other proprietary notices from any of the materials contained in this package or downloaded together with the Kit.

5.     Disclaimer: No Lawyer/Client Relationship is Formed Using and/or Purchasing the Kit
Purchasing the Kit does not form a client/lawyer relationship between you and Dykstra & Company of any kind.   Purchasing the Kit does not mean you hire the Owner to provide legal services.  The Owner cannot and will not provide any legal advice with the purchase of the Kit.

6.    Technical Support
The Kit comes with technical support for accessing the kit and navigating the kit.  The support contact information is below under section 12 of this Agreement.  Purchasing the Kit does NOT include any legal advice from the Owner.

7.    No Guarantee of Success
There is no guarantee of success or outcome purchasing and/or using the Kit.  The Owner cannot does not guarantee any degree of success and/or outcome upon the purchase and use of the Kit.

8.    No Refund
The Kit is sold to you on an “AS IS” basis.  Refunds are not available except in the event the sole issue involved in your WorkSafeBC and/or WCAT matter is either a reopening or reconsideration, or if you can show that the Kit is not applicable to your WorkSafeBC and/or WCAT matter.  If the Kit is applicable to part of your WorkSafeBC and/or WCAT matter, then no refund will be given.  In order to receive a refund, you must qualify pursuant to the above terms AND you must provide the Owner a copy of sufficient WorkSafeBC and/or WCAT materials showing you qualify for a refund as set out above.  Determining whether you qualify for a refund is at the sole discretion of the Owner.

9.    Personal Data
By submitting your personal data in relation to your order, you consent to such personal data being processed to fulfill your order and to send you updated versions of the Kit and additional workers’ compensation resources via e-mail in accordance with the Owner’s Privacy Policy (available for review online at www.dykstralaw.com/library/privacy-policy1.cfm).  We can only send updated versions of the Kit to your e-mail we have on file.  If your e-mail changes and you wish to receive any updates, please let us know your updated information.

10.    Limitation of Liability
THE OWNER SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE OWNER OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the agreement between the Owner and you.

11.    Term and Termination
This Licence Agreement is effective until terminated. This Licence and your rights hereunder shall automatically terminate if you fail to comply with any provision of this Licence. Upon such termination, you shall cease all use of the Kit and delete the Kit and destroy all copies of the Kit and other materials related to the Kit in your possession or under your control.

12.    General Provisions

• This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the parties hereby attorn to the jurisdiction of the courts of the Province of British Columbia.
• This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.
• All questions, comments or concerns with respect to this Agreement shall be directed to:

13.    Updates
The Owner may from time to time release new versions of the Kit. Unless you tell the Owner in writing, the Owner will automatically e-mail you updated versions of the Kit. All new versions or releases which are provided to you shall be considered part of the Kit and shall be governed by the terms of this Licence Agreement.

Please also view our Privacy Policy page and our Disclaimer page.