The following are the terms and conditions that will govern Canadian Incorporators Inc.’s provision of the Services. By using Canadian Incorporators Inc.’s Services, you are agreeing to be bound by these Terms and Conditions ("TAC"). If you do not agree with any of these terms, do not use Canadian Incorporators Inc.’s Services.
1. Accurate Information and Client Conduct
When using the Services you agree to: (a) provide complete, accurate and current information; (b) abide by all applicable local, provincial, federal laws and regulations; (c) not create a false identity or otherwise attempt to mislead Canadian Incorporators Inc. or others; and (d) not interfere with another client's use of the Services.
2a. As consideration for the Services you have selected, you agree to pay Canadian Incorporators Inc. the applicable Services fees. All fees payable are non-refundable unless provided otherwise.
All fees and monies paid, exclusive only of government filing fees, are fully earned upon filing with Canadian Incorporators Inc.
In the event a Canadian Incorporators Inc. customer determines that he/she does not wish to proceed further with the order following the submission of an order with Canadian Incorporators Inc., the customer will be entitled to a refund of the full fees paid, provided the relevant filing has not been submitted to the government or authority. Once a filing has been submitted no refund is possible. Permitted cancellations will be provided by Canadian Incorporators Inc. by way of a credit of the account of the credit card used for payment. No other or additional refunds are allowed or permitted under any circumstances. No refunds are available for NUANS reports whatsoever.
Furthermore, in the event a Canadian Incorporators Inc. customer fails to respond, within 60 days, to communications from Canadian Incorporators Inc. thereby preventing and/or hindering CorporationCentre.ca from completing the incorporation requested, Canadian Incorporators Inc. may in its sole and absolute discretion terminate its relationship with the customer.
3. Proprietary Rights
You acknowledge that the content of Canadian Incorporators Inc.’s website, including but not limited to text, software, multimedia applications or other material contained in either advertisements, email or otherwise presented to you by the Services, by Canadian Incorporators Inc., or by Canadian Incorporators Inc.'s advertisers or other content providers, is protected by copyrights, trademarks, service-marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way the content available through the Services or on Canadian Incorporators Inc.'s website.
4. Disclaimer of Warranties
To the fullest extent permitted by applicable law, Canadian Incorporators Inc. expressly disclaims all warranties and conditions, express or implied, including, but not limited to, implied warranties and conditions of merchantability, merchantable quality, correspondence to description and fitness for a particular purpose. Canadian Incorporators Inc. does not warrant or represent that the use or the results of the use of the materials available through the Services or from third parties will be correct, accurate, timely, reliable or otherwise. Canadian Incorporators Inc. relies solely on the information provided by you without independent verification.
5. Disclaimer of Legal Advice and Services
Canadian Incorporators Inc. provides incorporation, corporate maintenance and other related services. Canadian Incorporators Inc. facilitates your ability to form your own corporation and execute your own corporate maintenance; it is not a law firm and does not provide legal advice or legal services.
Any information contained on Canadian Incorporators Inc.’s website is provided for general information only, is not exhaustive, does not constitute advice of any kind (legal or otherwise) and does not nor should it replace competent legal, accounting and other professional advice. No representations or warranties, express or implied, are given regarding the legal consequences resulting from the use of this information. If you are seeking or wish to have such representations or warranties, it is recommended that you contact such professionals for advice as to your specific circumstances.
6. Limitation of Liability
To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall Canadian Incorporators Inc. be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the Services, any changes to the Services, any material or data sent or received or not sent or received. You specifically agree that Canadian Incorporators Inc. is not responsible or liable for any threatening, defamatory or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. If you are dissatisfied with the Services, the materials available on or through the Services, or with any of Canadian Incorporators Inc.’s terms and conditions, your sole and exclusive remedy is to discontinue using Canadian Incorporators Inc.’s Notwithstanding the foregoing, in all circumstances, including without limitation, where any of limitations or exclusions contained in the TAC may not be permitted by applicable law, Canadian Incorporators Inc.’s liability will be limited to the amount of fees that you have paid for the Services or Canadian Incorporators Inc. re-supplying the Services, to be determined solely in Canadian Incorporators Inc.'s discretion.
You agree to indemnify and hold Canadian Incorporators Inc., its subsidiaries, affiliates, directors, officers and employees, harmless from any claim, demand, or damage, including legal fees, asserted by any third party due to or arising out of your use of or conduct on the Services.
7. Corporate Names and Infringement of Third Party Rights
You accept and assume complete responsibility for any risk of confusion with existing corporate names, business names and trade-marks including without limitation those set out in the NUANS search report, and that the name complies with all applicable laws. You acknowledge that Canadian Incorporators Inc. assumes no risk or liability for the use of any corporate name selected by yourself whether or not such corporate name has been accepted by the relevant government department or authority.
8. Reporting Requirements
Canadian Incorporators Inc. is not responsible for advising or reminding you of any requirements or obligations, including, but not limited to any annual returns/reports, taxes due, or provincial or other jurisdictional filing or publication requirements following your incorporation. Canadian Incorporators Inc.'s involvement in your corporation terminates at the time your corporation is created. Any requirements or obligations for the maintenance of your corporation are NOT the responsibility of Canadian Incorporators Inc. and are your sole responsibility. In particular, unless you have contracted for Canadian Incorporators Inc. to execute specific corporate maintenance Services, any and all provincial or other jurisdictional filings or publication requirements in connection with your corporation will be your sole responsibility.
Canadian Incorporators Inc. may terminate the Services with or without cause at any time and effective immediately.
10. Privacy and Security
11. Governing Law, Forum and Interpretation
The TAC shall be governed by and construed in accordance with the laws of the Province of Ontario and the Federal laws of Canada applicable therein. You and Canadian Incorporators Inc. agree to submit to the exclusive jurisdiction of the courts located in the Judicial District of Toronto in the Province of Ontario, Canada.
If any of the provisions contained in the TAC are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such a determination shall not affect the remaining provisions contained herein. Canadian Incorporators Inc.'s failure to insist upon or enforce strict performance of any provision of this TAC shall not be construed as a waiver of any provisions or right. The section headings in the TAC are solely used for convenience.
Subject to the modification provisions contained in this TAC, this TAC contains the entire agreement between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, or otherwise, between the parties with reference thereto and not embodied herein shall be of any force or effect.
12. Modifications to Terms of Service
Canadian Incorporators Inc. reserves the right to modify the TAC or any policy regarding the Services at any time and to notify you by posting a revised version of the TAC on Canadian Incorporators Inc.’s website. Your continued use of the Services following such modifications shall be deemed to be your acceptance of these revised TAC. If you do not agree to any modification of the TAC, you must immediately stop using the Services.
BY USING Canadian Incorporators Inc.’s SERVICES, YOU ACKNOWLEDGES AND AGREE: (A) THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS AND THE RIGHTS AND OBLIGATIONS CONTAINED HEREIN AND AFFECTED HEREBY; (B) THAT YOU ARE AGREEING TO THE TERMS AND CONDITIONS VOLUNTARILY, WITHOUT DURESS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THIS TERMS AND CONDITIONS IN ACCORDANCE WITH EACH OF ITS TERMS.