Tax Link Canada Terms and Conditions
This Website and Tax Link Canada’s services are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Website constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms and Conditions apply to any Tax Link Canada services or properties such as websites or apps owned and operated by Tax Link Canada and collectively referred to herein as "Tax Link Canada," on which a link to these Terms & Conditions appears. If you have any questions regarding these Terms & Conditions, you may contact us at www.Tax Link Canada.com. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions. These Terms & Conditions were last updated on February 1, 2016.
- Tax Link Canada SERVICES
At Tax Link Canada we are committed to making your total Tax Link Canada experience a positive one. You can find a professional anywhere in Canada or in your own province.
- No Guarantees or Endorsements. We make no guarantees or representations regarding the skills or representations of such professional or the quality of the job that he or she may perform for you if you elect to retain their services. Tax Link Canada does not endorse or recommend the services of any particular professional. It is entirely up to you to evaluate a professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a professional. We do not guarantee or warrant any professional's performance on the job or the outcome or quality of the services performed. The professionals are not employees or agents of Tax Link Canada, nor is Tax Link Canada an agent of the professionals.
- No Contracting via the Tax Link Canada Website. Tax Link Canada may inform you of certain offers or discounts provided by a professional. Such offers or discounts are made solely by the professional, and Tax Link Canada does not guarantee or warrant the pricing or discounts that a professional may offer you. Any quotes provided by Professionals via the Tax Link Canada or apps, or which you find on the Tax Link Canada or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via Tax Link Canada. No contractual arrangement is created based upon the quotes provided to you from Professionals (or your scheduling of an appointment with a Professional) via Tax Link Canada. To contract with a Professional, you must work directly with the Professional. Tax Link Canada does not perform, and is not responsible for, any of the services requested by you. Your rights under contracts you enter into with professionals are governed by the terms of such contracts and by applicable federal, provincial and local laws.
- Release from Damages or Claims. Should you have a dispute with any professional, you must address such dispute with the professional directly. YOU HEREBY AGREE TO RELEASE Tax Link Canada (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH PROFESSIONALS.
- YOUR USE OF THE TAX LINK CANADA SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of Tax Link Canada is for your personal use as a consumer and not for advertising purposes. As a professional you agree that your use of Tax Link Canada is for advertising purposes. You may not use Tax Link Canada to recreate or compete with Tax Link Canada, to solicit or harass Tax Link Canada professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Tax Link Canada for any such damages, and will indemnify Tax Link Canada in the event of any third party claims against Tax Link Canada based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any Tax Link Canada products or properties at any time. All information about professionals are confidential and for your personal use only as a consumer. If it is determined or suspected by Tax Link Canada in its sole discretion that you are misusing or attempting to misuse or circumvent the Tax Link Canada services or system, or are using or attempting to use them for any inappropriate purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, Tax Link Canada reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- CALL RECORDING
You acknowledge and agree that Tax Link Canada may monitor and/or record any telephone calls between you and Tax Link Canada.
- USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on Tax Link Canada, including but not limited to:
- Ratings & Reviews
- Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of Tax Link Canada, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to hiring a professional.
- Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant Tax Link Canada and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the Tax Link Canada and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to Tax Link Canada, you represent and warrant to Tax Link Canada that you own or have all necessary rights to use the Content, and grant to Tax Link Canada the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. Tax Link Canada reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any Tax Link Canada owned or operated websites or apps if Tax Link Canada determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage Tax Link Canada.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to services provided by the member.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a professional that has performed services for you pursuant to your applicable service request.
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Tax Link Canada server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Tax Link Canada or apps or any other Tax Link Canada owned, operated, licensed or controlled site. Elements of the Tax Link Canada or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Tax Link Canada Web Site may be copied or retransmitted unless expressly permitted by Tax Link Canada. Tax Link Canada AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Tax Link Canada AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE Tax Link Canada WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Tax Link Canada AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
- SERVICE PROFESSIONAL PROCEDURES AND DISCLAIMERS
- Unless otherwise noted on the professional members profile page, Tax Link Canada advertises bookkeepers, tax preparers, accountants and consultants and that is the extent of Tax Link Canada’s relationship with these professionals.
- NOTE: TAX LINK CANADA PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE TAX LINK CANADA NETWORK, AND THEREFORE A PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME. THUS, TAX LINK CANADA CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. TAX LINK CANADA IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
- Professional’s Profiles: Tax Link Canada allows Professionals to post profiles about themselves and their business on the Tax Link Canada or apps. Tax Link Canada does not review or verify the information or representations set forth in those profiles, as they are self-reported by the Professional. Tax Link Canada therefore makes no representations or warranties regarding any information posted by a Professional, and assumes no liability for such information.
- The above procedures may change from time to time at the sole discretion of Tax Link Canada. Tax Link Canada does not make any representations or warranties that members continue to meet certain criteria after their enrolment in the Tax Link Canada membership. Tax Link Canada does not represent or warrant that the information received from provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that Tax Link Canada checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
- DISCLAIMER: TAX LINK CANADA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, OR THAT THE PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.
- INFORMATION YOU PROVIDE TO US AS A MEMBER OF TAX LINK CANADA
- Upon using Tax Link Canada, you will be prompted to disclose certain information about yourself and your services you provide. This information will solely be used to set up one web page with your information for advertising purposes.
For complete details on our use of your information, please see our privacy statement. You agree that by joining as a member of Tax Link Canada, you are not entering into a business relationship with Tax Link Canada and its partners but only a member of Tax Link Canada website for advertising purposes. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of customers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Tax Link Canada has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Tax Link Canada has the right to refuse any current or future use of the Tax Link Canada services (or any portion thereof) by you. You are responsible for any use of the Tax Link Canada services by persons to whom you intentionally or negligently allow access to your password.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO Tax Link Canada AND ITS SERVICE PROFESSIONAL PARTNERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO Tax Link Canada AND EACH Tax Link Canada SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF Tax Link Canada AND EACH OF THE AFFECTED PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
- RATINGS & REVIEWS ARE NOT ENDORSED BY TAX LINK CANADA.COM
All Ratings and Reviews of a Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of Tax Link Canada. Tax Link Canada disclaims any and all representations or warranties with regard to the Ratings and Reviews. Tax Link Canada does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
- ARTICLES AND OTHER CONTENT
Tax Link Canada provides certain content relating to taxes, bookkeeping and business operations ("Articles"), on the Tax Link Canada or apps, and via mobile applications owned and operated by Tax Link Canada. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.
- LINKS TO THIRD PARTY SITES
The links in the Tax Link Canada or apps will let you leave Tax Link Canada's Web site. The linked sites are not under the control of Tax Link Canada and Tax Link Canada is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. Tax Link Canada is not responsible for webcasting or any other form of transmission received from any linked site. Tax Link Canada is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tax Link Canada of the site.
YOU AGREE TO INDEMNIFY TAX LINK CANADA, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE TAX LINK CANADA SERVICES, IN CONNECTION WITH THE TAX LINK CANADA WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
- GENERAL PROVISIONS
You acknowledge and agree that the Tax Link Canada services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Tax Link Canada's sole obligation to you or any third party for any claim arising out of your use of the Tax Link Canada services or the Tax Link Canada or apps, is that you are free to discontinue your use of the Tax Link Canada services or the Tax Link Canada or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, Tax Link Canada EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT Tax Link Canada SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF Tax Link Canada HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of Tax Link Canada's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Tax Link Canada to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Tax Link Canada services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of Canada as such laws are applied to agreements entered into and to be performed entirely in Canada. You agree to submit to jurisdiction in Canada and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Yukon Territory, Canada. These Terms and Conditions constitute the entire agreement between you and Tax Link Canada and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
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