Terms of Service Agreement
By accessing and using this website (the “Site”) operated by Tax Sherpa Inc. (“Tax Sherpa”), you agree to be bound by this Terms of Service and Privacy Agreement (the “Agreement”) and all of its terms and conditions.
Read carefully and ensure that you understand the terms and conditions below, before you use the Site. If you do not agree to these terms and conditions, you may not use the Site. Tax Sherpa may change the terms and conditions of the Agreement without prior notice at any time in its sole discretion. By continuing to use the Site after such changes have been posted to the Site, you accept them.
In consideration of Tax Sherpa granting you a permission to access and personally use the Site and any of its contents:
IN CONSIDERATION OF TAX SHERPA GRANTING YOU A PERMISSION TO ACCESS AND USE FOR PERSONAL PURSPOSES THE SITE AND ANY OF ITS CONTENTS, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS:
General Terms and Conditions
- You will provide true, accurate, current and complete information about yourself as prompted by the registration page;
- You will maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, Tax Sherpa has the right to terminate your account and refuse any and all current or future use of the Site;
- You warrant to Tax Sherpa that you will not use the Site or its contents for any commercial purpose or any unlawful purpose;
- You expressly consent to receive electronic communications from Tax Sherpa;
- If you violate any of the terms of this Agreement, Tax Sherpa will automatically terminate your permission to use the Site;
- You will provide for your own access to the World Wide Web and pay any service fees associated with such access, and
- You will provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem or other access device.
Disclaimer of Guarantees, Warranties and Conditions
By using the Site, including any applets, software, and content contained therein, YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY GUARANTEE, WARRANTY, OR CONDITION, FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE.
SPECIFICALLY, TAX SHERPA DISCLAIMS ANY AND ALL GUARANTEES, WARRANTIES, AND CONDITIONS INCLUDING, BUT NOT LIMITED TO: ANY GUARANTEES, WARRANTIES AND CONDITIONS:
- CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES;
- CONCERNING OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE;
- THAT THE SITE IS SECURE, FEE FROM BUGS, VIRUSES, INTERRUPTION, MALWARE, ERRORS, THEFT, OR DESTRUCTION.
Exclusion of Liability
NEITHER TAX SHERPA NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE OR RESPONSIBLE IN ANY WAY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY), OR OTHERWISE, TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSSES, WHETHER CONCEIVABLE OR INCONCEIVABLE, ARISING OUT OF YOUR USE OF THE SITE, OR INABILITY TO GAIN ACCESS TO OR USE THE SITE, OR OUT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF THE SITE AND/OR ITS CONTENTS.
Tax Sherpa is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing at the Site, and is the copyright owner or licensee of the content and/or information on the Site including but not limited to any screens appearing at the Site. You may not download and/or save a copy of any of the screens except as otherwise provided in this Agreement, for any purpose. However, you may print a copy of the information on the Site for your personal use or records. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of Canada, other countries and may be held personally liable for any such violation. Tax Sherpa does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on the Site.
Tax Sherpa reserves the right to change any information on the Site including but not limited to revising and/or deleting features or other information without prior notice. Clicking on certain links within the Site might take you to other web sites for which Tax Sherpa assumes no responsibility of any kind for the content, availability or otherwise. (See "Links from and to this Website" below.) The content presented at the Site may vary depending upon your browser limitations.
User Conduct on the Site
While using the Site, you may not:
- restrict or inhibit any other user from using and enjoying the Site; or
- post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the Canada export control laws and regulations; or
- post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Tax Sherpa) or engage in spamming or flooding; or
- post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component; or
- post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
- upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder; or
- upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under Canada copyright laws.
Unless otherwise indicated for a particular communication, any communications or material of any kind that you e-mail, post or otherwise transmit through the Site, including data, questions, comments or suggestions ("Your Communications") are presumed to be and will be treated as non-confidential and non-proprietary. Tax Sherpa is free to use any ideas, concepts, know-how or techniques contained in Your Communications for any purpose including, but not limited to, developing and marketing products using such information without compensation to you.
Failure to Comply
You acknowledge and agree that Tax Sherpa may terminate your password or account or deny you access to all or part of the Site without prior notice if you fail to comply with the Agreement or engage in any conduct or activities that Tax Sherpa in its sole discretion believes to violate the Agreement or the rights of Tax Sherpa, or is unlawful or otherwise inappropriate for continued access.
You acknowledge and agree that Tax Sherpa may in its sole discretion deny you access through Tax Sherpa to any materials stored on the Internet, or to access third party services, merchandise or information on the Internet through Tax Sherpa, and Tax Sherpa shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
You agree to defend, indemnify and hold Tax Sherpa, its directors, officers, employees, agents, successors, assigns, affiliates, website co-branding providers or content or service providers harmless from any and all claims, liabilities, causes of action, costs and expenses, including reasonable legal fees, arising in any way from your use of the Site or the placement or transmission of any message, information, software or other materials through the Site by you or any users of your account, or related to any violation of this Agreement by you or any users of your account.
The Site provides only an estimate of an approximate value of a tax benefit or refund you may be eligible for, based on the information provided by you. You will not make any financial decision based on the anticipation of receiving the amount of tax refund or benefit you estimated using the Site. The amount of tax benefit or refund you may actually receive will vary depending on the government’s own assessment; Tax Sherpa is not liable or responsible for any changes to tax legislation and/or regulations between you use the site and make your tax filing.
Links from and to this Website
Tax Sherpa and any of its website co-branding providers have no responsibility for the accuracy or availability of information provided by linked sites. Links to external web sites do not constitute an endorsement by Tax Sherpa or its website co-branding providers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites.
Information in the sites linked to the Site comes from a variety of sources. Some of this information comes from official Tax Sherpa licensees, but much of it comes from unofficial or unaffiliated organizations and individuals, both internal and external to Tax Sherpa. Tax Sherpa does not author, edit, or monitor these unofficial pages or links.
Tax Sherpa and its website co-branding providers shall not be responsible or liable in any way whatsoever, whether in contract, tort, or otherwise, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.
Tax Sherpa is taking reasonable and appropriate measures, including encryption, to ensure that your personal information is disclosed only to those specified by you. However, the Internet is an open system and we cannot and do not guarantee that the personal information you have entered will not be intercepted by others and decrypted.
If you wish to make purchases through the Site, you may be asked by the merchant or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree not to hold Tax Sherpa liable in any way whatsoever, whether in contract, tort, or otherwise, for any loss or damage incurred as a result of any such dealings with any merchant or information or service provider through the Site. You agree that all information you provide any merchant or information or service provider through the Site for purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services through the Site set their own prices and may change prices or institute new prices at any time. You will pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Site.
The Agreement shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein without regard to conflict of laws. You will attorn to the jurisdiction of the courts of the Province of Ontario.
The failure of Tax Sherpa to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
The Agreement constitutes the entire agreement between you and Tax Sherpa.
YOU HAVE READ, UNDERSTAND, AND AGREE WITH THE ABOVE TERMS.