This Terms of Service Agreement (the "Agreement") is a legally binding contract between you and Sukh Tax & Financial Services Inc., a corporation incorporated under the laws of Canada ("SukhTax"). This Agreement governs your use of the Site and the App (as defined below). Be sure that you carefully read and fully understand this Agreement. SukhTax is willing to provide you with access to the Site and the App only on the condition that you accept all of the terms contained in this Agreement. Your use of the Site and the App, including without limitation any of the products or services offered on the Site and the App, will constitute your acceptance of, and agreement to be bound by, all the terms of this Agreement. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, INCLUDING WITHOUT LIMITATION ANY SUBSEQUENT AMENDMENTS OR MODIFICATIONS POSTED AT THE TIME OF ANY FUTURE ACCESS, DO NOT ACCESS THE SITE, THE APP OR ANY PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE SITE OR THE APP.
You may print this Agreement or you can download this Agreement to your computer. Please note that the information contained herein is subject to change without notice. In addition, to the extent that you use particular SukhTax services, including without limitation SukhTax's online tax preparation and filing service you are subject to the applicable agreement that you enter into with SukhTax that governs the terms and conditions applicable to your use of such service ("Supplemental Agreements") and any posted guidelines or rules applicable to such service, which may be updated occasionally. All such guidelines, or rules, are hereby incorporated by reference into this Agreement. Where a conflict exists between this Agreement and any of the Supplemental Agreements, the provisions of the applicable Supplemental Agreement shall govern.
The disclaimers, terms and conditions on these pages are of general application and may be supplemented by additional disclaimers, guidelines, rules, terms or conditions of specific application on any particular page of this Site.
SukhTax currently provides users with access to a wide variety of online financial services, tools, and tax preparation services currently found at http://www.sukhtax.com (the "Site") and the SukhTax application (the “App”) found on the Google Play Store and the Apple App Store, under the name of “SukhTax”. Unless explicitly stated otherwise, any new features that augment the current Site or App shall be subject to this Agreement. Certain products or services may be available only in certain jurisdictions in accordance with local laws. Your eligibility for particular products and services offered by SukhTax, or any of its affiliates, is subject to final approval and acceptance by SukhTax. SukhTax assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. SukhTax makes no representations, warranties or assurances as to the availability of the Site or the App.
Except as expressly provided otherwise in an applicable Supplemental Agreement, SukhTax grants you a personal, revocable, non-transferable and non-exclusive licence to display on your computer, print, download and use the underlying HTML, text, audio clips, video clips and other content that is made available to you on this Site or App, for non-commercial, personal or educational purposes only provided that:
(a) you do not (and do not allow any third party to) modify, or create a derivative work of, any such content; and
(b) you include with and display on each copy of such content the associated copyright notice.
No other use is permitted. Without limiting the generality of the foregoing, you may not:
(a) include such content in or with any product that you create or distribute;
(b) reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Site or the App, use of the Site or the App, or access to the Site or the App;
(c) establish: (i) a hyperlink, including without limitation a deep link, to any page or location on the Site; or (ii) a frame containing any portion of the Site or the App, on any other website or text document with hyperlink capabilities; or
(d) copy such content onto your or any other website or application.
and you may not direct any other person to do any of the foregoing.
Notwithstanding the above, nothing contained in this licence shall be construed as conferring any right under any intellectual property of SukhTax, its affiliates or any other person who owns the intellectual property in the content provided on this Site or App.
SukhTax either owns or has obtained permission from the owner to use all of the content on this Site.
The names, graphics, logos, icons, designs, words, titles and phrases on this Site and App constitute trade-marks, trade names, trade dress and associated products and services of SukhTax or its affiliates. The trade-marks, trade names, trade dress and associated products and services represented on this Site are protected in Canada and internationally and their display on this Site and App does not convey or create any licence or other rights in these trade-marks, trade names, trade dress and associated products and services. Any use of them without prior written authorization of SukhTax is strictly prohibited.
Any unauthorized copying, redistribution, reproduction or modification of the contents of this Site or App by any person may be a violation of federal or common law, trade-mark and/or copyright laws and could subject such person to legal action.
SukhTax reserves the right to modify, suspend or discontinue, temporarily or permanently, the Site (or any part thereof) and the App (or any part thereof) from time to time, for any or no reason and without notice. You agree that SukhTax shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site and the App. The information and materials contained on the Site and the App are subject to change. SukhTax endeavours to keep the rates and fees posted on this Site and this App current, however, such rates and fees are subject to change at any time without notice to you and the posted rates and fees on this Site and this App may not immediately reflect such changes.
In consideration of your use of the Site, where you have provided SukhTax with information about yourself in response to prompting by the Site or the App (for example when prompted by the App's registration forms), you agree that such information will be accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete as of the date the information was provided, or SukhTax has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SukhTax has the right, without limitation, to suspend or terminate any of your accounts and to refuse any and all current or future use of the Site and/or the App (or any portion thereof).
SukhTax may supply you with a password and account designation upon completing the Site or App registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify SukhTax of any unauthorized use of your password or account, or any other breach of security of which you are aware, and to ensure that you properly close out of your account at the end of each session. SukhTax assumes no liability for any loss or damage arising from your failure to comply with this section.
SukhTax may offer the opportunity for you to contribute your ideas, comments, questions and other communications to or from the Site or the App (the "User Content") in message boards, chat rooms, e-mail and other features of the Site and the App ("User Input Rooms") that may be offered from time to time and may be operated by SukhTax or by a third party. You shall not (nor cause any third party to) use the Site or the App to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights - such as rights of privacy -of others) or immoral activities or any of the following types of activities, without limitation:
(a) transmitting information that infringes or misappropriates any patent, trade-mark, trade secret, copyright or other proprietary rights of any party;
(b) transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(c) impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
(d) advertising of commercial content;
(e) interfering with or disrupting the Site;
(f) disrupting the activities or enjoyment of the Site or the App for other users; or
(g) collecting, or storing personal information about other users.
You agree to abide by all applicable local, provincial and federal laws and regulations while using this Site and this App and are solely responsible for all acts or omissions that occur under your account or password, including without limitation any of the User Content created by you.
You agree that SukhTax, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site or the App, at any time and for any or no reason. You agree that SukhTax shall not be liable to you or any third party for any termination of your access to the Site or App.
Your correspondence or business dealings with, or participation in promotions of advertisers or third parties found on or throughout the Site or the App, including without limitation with respect to the payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such parties and are not binding upon nor constitute obligations of SukhTax. You agree that SukhTax shall not be responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind (collectively, "Claims") incurred as the result of any such dealings or as the result of the presence of such third parties on the Site, and you agree to indemnify SukhTax and its affiliates from and against any Claims incurred as the result of any such dealings.
This Site and this App may provide links or references to other sites. SukhTax makes no representations, warranties or assurances as to any information in such sites, has no responsibility for their content and shall not be liable for any damages or injury arising from that content. SukhTax disclaims any opinions expressed on such sites. Any links to other sites are provided merely for your convenience and the inclusion of such links does not imply that SukhTax endorses the content of such sites.
The information contained in any newsletter sent by SukhTax to you does not constitute legal, investment, tax or accounting advice and should not be relied upon in that regard. For greater certainty, this Agreement applies to the content of any such newsletter, as appropriate.
publicly available information such as a person's name, address, telephone number and electronic address, when listed in a public directory; or
business contact information, including the name, title or business address or telephone number of an employee of an organization; or
personal information that is aggregated and cannot be associated with an identifiable individual; or
any other information that is not personal information or is specifically excluded by applicable privacy legislation.
We collect personal information. We collect personal information about you, from you, either directly or through persons or entities acting on our behalf including:
personal information that you enter on an income tax form, including your name, address, social insurance number, and other identifying and contact information, in addition to your tax and financial information, and your e-mail address;
personal information that you enter or otherwise provide when you register or open an account, sign in, use a service, call us for support, or give us feedback;
information from applications, forms, surveys, and in connection with polls or contests, including your name, address and e-mail address;
information for billing and payment purposes, including credit or debit card information, such as card number and card expiration date; and
when you enable location-based services, collect Global Positioning System (GPS) location data and or motion data.
SukhTax limits the collection of personal information to that which is necessary to fulfil the purposes identified at the time of collection. The personal information that we collect necessarily depends on the product or services that you have requested and on legal and regulatory requirements. Our products and services may change over time and we may introduce new features that may collect new or different types of information. Personal information will always be collected by fair and lawful means and will generally be collected directly from you.
How and why we use personal information.
SukhTax collects personal information about you so that we can effectively provide the services and products to you that you have requested (including completing and filing your income tax return), establish your identity, manage our operations, make our services more useful and intelligent, and comply with legal and regulatory requirements. And, if we need to use your personal information for any other purpose, we will identify that purpose to you.
We may also use your personal information to enable us to understand your needs and preferences and then to alert you by mail, phone, e-mail or other electronic messaging to current and future product offerings, and to tailor marketing material to your specific needs. You may choose not to receive these materials at any time. Please see the “What you can do to manage your privacy and communications” section below.
Consent to the collection, use or disclosure of personal information.
We may obtain your express consent in writing, through electronic means, or verbally. Your consent may also be implied by an action that you have taken. You can always refuse or withdraw your consent to the collection, use or disclosure of your personal information. Doing so may, in some cases, mean that we will be unable to provide you with the product or service that you have requested. Please see the “What you can do to manage your privacy and communications” section below.
Disclosure of personal information.
to outside suppliers employed or retained by us to perform certain services or functions on our behalf, including billing, processing of credit and debit card transactions, mailing and data processing, shredding and storage, and collection or research or analytics services. We select our outside suppliers carefully and insist that they have privacy and security standards that meet our strict requirements. We provide to these suppliers only the personal information required for them to perform the services or functions for which they have been engaged. We require them to retain any personal information in strictest confidence and we also restrict their use of your personal information to what is necessary to act on our behalf; in the event of a sale or transfer of our business or assets.
In some cases, outside suppliers that we retain to perform services or functions on our behalf may be located outside Canada. Accordingly, personal information provided to these companies for storage or processing will be located outside Canada, and may therefore be subject to the laws of those countries.
Protecting personal information.
SukhTax protects personal information by security safeguards appropriate to the sensitivity of the information. We restrict internal physical and electronic access to personal information to those employees who need to access it in order to serve you. We also maintain policies and procedures designed to restrict access (by external parties) to your personal information in several ways. For both internal and external parties, access controls include programs and specifications for physical security, records retention and disposal, computer and communication security measures reflected in system design, password protection, data management practices, and other measures to restrict access to the information we hold in physical and electronic forms.
SukhTax only retains personal information only for as long as necessary or required for the purposes for which it was collected or as required by law. Personal information that is no longer required will be destroyed, erased or made anonymous.
What you can do to manage your privacy and communications.
Accuracy of Personal Information and Access.
It is important that the personal information we have is accurate, complete and up to date. To this end, you are encouraged to inform us when there are any changes to your information.
You may also, at any time, contact our Office to request access to your personal information, verify its accuracy and, if required, correct it. SukhTax will provide you with access to your personal information except where we are prohibited by law from doing so, or are permitted by law to restrict your access and have legitimate reasons for doing so. We may charge you a fee to provide access to your information and will let you know in advance if there will be a charge for doing so.
Please note that we will not disclose your personal information to you over the phone or via e-mail. Instead, we will make other arrangements for you to access your personal information.
In addition, as noted above, you can refuse to provide personal information to us and you may also at any time, on reasonable notice to us, in person or via telephone or e-mail, withdraw your consent to the collection, use or disclosure of any of your personal information, unless it is required to provide you with the services you have requested or to provide you with necessary information relating to your accounts with us or as required by law.
Managing Communications From Us.
We will honour your choices when it comes to receiving electronic communications from us. Your communication preferences will be changed within 10 business days with no charge to you.
Remember that even if you choose not to receive marketing communications from us, we will continue to send you mandatory service or transactional communications.
Cookies and other tracking technologies.
We do not link the information we store in web technologies to any personal information you provide while on our site. You may be able to configure your browser to accept or reject all or some cookies, or to notify you when a cookie is set, however, cookies must be enabled in order to access most functions on the site. Since each browser is different, please check the "Help" menu of your browser to learn how to change your web technology preferences.
Our website may include third party-delivered advertisements or links to third-party websites. These third party websites may serve ads that assign different web technologies to you. Those web technologies may be used to track your involvement with the advertising site. You may choose not to accept these web technologies. We do not control these third parties or their use of website technologies, and you should review their privacy policies to learn more about whether they collect and use your personal information in connection with the information their web technologies gather from you, including what, why and how they collect and use your personal information.
You may also opt-out of network advertising programs that track your activities across multiple websites to deliver personalized advertising content to you. You will still receive other types of advertising; however, it will not be based on your interests. Deleting browser cookies and web beacons can remove your opt-out preferences, so you should use these tools periodically to ensure that your preferences are up-to-date.
Except as expressly provided otherwise in an applicable Supplemental Agreement, SukhTax disclaims any and all responsibility or liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information or material contained on the Site or the App. This Site and this App may contain inaccuracies or typographical errors. SukhTax disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material in respect of the Site, the App, or the use thereof.
Any communications sent to you via this Site, this App or otherwise from SukhTax (including without limitation in the form of electronic mail or via telephone), and the contents of this Site or this App (including without limitation any financial market data and tax information) are provided for informational and educational purposes only and are not intended to provide legal, investment, tax or accounting advice and should not be relied upon in that regard. Your financial and tax situation may be unique and therefore you should independently consult a tax advisor such as a SukhTax advisor at the SukhTax office.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, SUKHTAX WILL USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE AND ACCURATE INFORMATION IN THIS SITE AND THIS APP BUT ALL PRODUCTS AND SERVICES OFFERED ON THE SITE AND ON THE APP ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED. SUKHTAX DISCLAIMS ANY WARRANTIES OR CONDITIONS FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES OFFERED ON THE SITE AND ON THE APP. SUKHTAX DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE, THE APP, OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE OR APP, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE, APP, OR THROUGH ANY LINKS PROVIDED IN THE SITE OR THE APP.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING WITHOUT LIMITATION ANY DAMAGES TO YOUR COMPUTER SYSTEM, MOBILE PHONE, OR LOSS OF DATA, THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING SUCH MATERIAL.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, IN NO EVENT SHALL SUKHTAX ANY OF SUKHTAX'S AFFILIATES OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE CONTENT OF THIS SITE OR THIS APP (COLLECTIVELY THE "SITE OR APP PROVIDERS"), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, THIS APP, OR ANY WEB BROWSER, ANY COMMUNICATIONS SENT TO YOU VIA THIS SITE, THIS APP, OR OTHERWISE FROM SUKHTAX (INCLUDING WITHOUT LIMITATION IN THE FORM OF ELECTRONIC MAIL OR VIA TELEPHONE), OR INFORMATION AVAILABLE FROM THIS SITE OR THIS APP, INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH INFORMATION, THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE SITE PROVIDERS, AND INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICE, EVEN IF ANY ONE OF OR ALL OF THE SITE PROVIDERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SITE OR APP PROVIDERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, SERVICE, INFORMATION, IDEA, OR INSTRUCTION CONTAINED IN THE CONTENT OF THIS SITE OR THIS APP.
You agree to indemnify and hold harmless SukhTax and its affiliates from and against any Claims arising out of or relating to: (i) User Content you submit, post to or transmit through the Site or the App; (ii) your violation of this Agreement; or (iii) your violation of any rights of any other person in connection your access or use of the Site or the App.
(A) Governing Law. This site and this App (excluding third party linked sites) are controlled by SukhTax from its offices within the Province of Ontario, Canada. By accessing this Site or this App, you agree that all matters relating to the access to, or use of, this Site shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You also agree and hereby submit to the non-exclusive jurisdiction of the courts of the Province of Ontario with respect to such matters. SukhTax makes no representation that materials on this Site or this App are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site or this App from other locations do so on their own initiative and are responsible for compliance with local laws.
(B) Entire Agreement. This Agreement, along with any Supplemental Agreement, is the entire and exclusive agreement between the parties, and it supersedes all previous communications, representations or agreements, either oral or written, between them with respect to this subject matter. No representations or statements of any kind made by any affiliate of SukhTax, which are not included in this Agreement, shall be binding on SukhTax or its affiliates.
(C) Amendments. No variation or modification of this Agreement or any waiver of any of its provisions or conditions shall be valid unless in writing and signed by an authorized representative of each party.
(D) Waiver. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and SukhTax. SukhTax's failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
(E) Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.
(F) Miscellaneous. This Agreement shall endure to the benefit of SukhTax and its affiliates. Any and all references in this Agreement to SukhTax and its affiliates, including without limitation pursuant to Sections 15 and 16 shall, where the context so permits, include SukhTax's parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third party content or third party software on or through a link provided on the Site or the App. SukhTax may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign your rights and duties under this Agreement to any party at any time.
Should you have questions concerning this Agreement, you may contact Sukh Tax & Financial Services Inc.