Terms and Conditions

Canadian Tax Enthusiast Inc. (referred to below as "Canadian Tax Enthusiast", "us", "we", or “our”) provides the https://canadiantaxenthusiast.com/ website and various related services (collectively, the "Site") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms"), as well as any other written agreement between us and you. The Site may, from time to time, also offer services to you for which registration of an account is required (an “Account”), such as Canadian Tax Enthusiast’s educational and online community portal known as Canadian Tax Community. Such services form part of the Site and, unless otherwise expressly stated, are also provided to you subject to your compliance with the Terms. In addition, when using particular services or materials on the Site, users shall be subject to any posted rules or guidelines applicable to such services or materials, which may contain terms and conditions in addition to those in these Terms. All such guidelines or rules are hereby incorporated by reference into these Terms.

BY ACCESSING OR USING THE SITE OR CREATING AN ACCOUNT, YOU AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS AND OUR PRIVACY POLICY, FOUND AT https://samcao.ca/privacy-policy/, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SITE OR CREATE AN ACCOUNT.

By using the Site or creating an Account, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with us and meet all the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access the Site or create an Account.

As used in these Terms, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, employees, agents, licensors, licensees, service providers, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Site and/or its Content (as defined below). For the avoidance of doubt, notwithstanding that you, the user, may contribute to the production and creation of Content on the Site, reference to our “Affiliates” does not include you, or other users.

1. Disclaimers

The Site and any Content is provided for general informational, educational and reference purposes only and does not constitute an offer to buy or sell any goods or services. The Content does not constitute professional advice of any nature whatsoever. No Content on this Site is intended to replace professional legal, accounting, tax, or other financial advice. Always consult a professional accountant or other qualified professional with any questions or concerns you may have about your finances. Canadian Tax Enthusiast cannot guarantee and does not promise any specific results from use of the Site or creation of an Account.

The Content provided on the Site may not describe all terms, conditions, exclusions, and exceptions applicable to Canadian Tax Enthusiast’s products and services. All Canadian Tax Enthusiast products and services are subject to the terms, conditions, and exclusions of the conditions of use relevant to those products or services. The products and services offered on the Site are only available in the jurisdictions in which Canadian Tax Enthusiast is legally permitted to operate.

Please be advised that the Content on the Site may not always be the most current source of information. Canadian Tax Enthusiast disclaims any liability for any failure to update Content on the Site.

2. Your Obligations

You are solely responsible for your use of the Site, your Account, all other services made available by us, and any User Content (as defined below) you submit as part of your use of the Site.

When using the Site, you agree to abide by the following standards:

• You will obey all applicable laws and regulations;
• You will not submit any Content (privately or publicly) via forms on the Site, to our external social media sites, or to emails published on the Site that:

1. 1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or otherwise violates our rules or policies;
   2. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary or intellectual property right of any party;
   3. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spam"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
   4. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; and/or
   5. impersonates any person or entity, including any of our representatives or Affiliates.

• You will not (privately or publicly) via forms on the Site, our external social media sites, or emails published on the Site: (i) contact any person who has requested no further contact; (ii) violate the privacy rights of any person; (iii) engage in, assist with, or facilitate identity theft; or (iv) collect or disclose any personal information from any other user of the Site without their express written consent. For the purposes of these Terms, “Personal Information” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with an individual person or household.

In addition, you agree as follows with respect to your use of the Site:

1. not to alter or modify any part of the Site;
2. not to bypass, disable or otherwise interfere with any security-related features of the Site or features that prevent or restrict use or copying of any Content on the Site or enforce limitations on use of, or access to, the Site or any Content on the Site;
3. not to take any action that imposes or may impose (as determined by Canadian Tax Enthusiast in its sole discretion) an unreasonable or disproportionately large load on Canadian Tax Enthusiast (or its third party service providers') infrastructure;
4. not to use or launch any system that accesses the Site automatically or to install or transmit any computer program or software on or via the Site;
5. to act in a respectful and conscientious manner when using the Site and not use profanity;
6. not to solicit, for commercial purposes, any users of the Site;
7. that you are not entitled to remuneration or compensation of any kind from us for your use of the Site;
8. not to use the Site for any commercial purpose not intended to be allowed by Canadian Tax Enthusiast without our prior written consent;
9. to report violations of these Terms of which you become aware to Canadian Tax Enthusiast immediately;
10. not to use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the Content on the Site;
11. to use the Site for your personal and non-commercial use only;
12. not to directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content on our Site, in any form or medium whatsoever except:
    1. your computer and browser may temporarily store or cache copies of Content being accessed and viewed;
    2. a single copy for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and
    3. in the event social media features are provided with respect to certain Content on our Site, you may take such actions as our Site permits for such features.

We neither endorse nor assume any liability for the Content on the Site, including User Content.

YOUR FAILURE TO COMPLY WITH ANY OF THE ABOVE CONDITIONS AND RESTRICTIONS OF USE CONSTITUTES GROUNDS FOR US TO IMMEDIATELY, AND IN OUR SOLE DISCRETION, TERMINATE YOUR ACCESS TO AND USE OF THE SITE AND ITS CONTENT. You agree that we may at any time, and at our sole discretion, terminate your membership, Account, or other affiliation with the Site without prior notice to you for violating any of the above provisions. IN SUCH EVENT, WE SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR YOUR FAILURE TO COMPLY WITH THE TERMS OR ANY LOSSES OR DAMAGES THAT MAY RESULT FROM YOUR USE OF THE SITE, NOR FOR ANY INTERRUPTION OR TERMINATION OF YOUR ACCESS TO OR USE OF THE SITE, AND ARE UNDER NO OBLIGATION TO REFUND ANY FEES PAID FOR ANY MEMBERSHIPS OR ACCOUNTS.

In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at the Site, including without limitation cooperating with law enforcement authorities in investigating suspected criminal violations.

3. Account Registration, Account Use, Subscriptions & Termination by Users

As a condition to using certain aspects of the Site, you may be required to register an Account with Canadian Tax Enthusiast and select a username and password. Should you register an Account, you shall provide Canadian Tax Enthusiast with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your Canadian Tax Enthusiast Account.

You are solely responsible for activity that occurs on your Account and shall be responsible for maintaining the confidentiality of your Account password. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

If you purchase a subscription, your payment method will automatically be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, you must cancel your subscription before the renewal date. If you wish to terminate this agreement, you can do so by closing your Account and no longer accessing or using our Site. To close your Account, you must email [email protected].

4. Privacy

Canadian Tax Enthusiast is committed to respecting the confidentiality of personal information. Any collection, use, disclosure of or access to personal information by Canadian Tax Enthusiast is subject to the Canadian Tax Enthusiast Privacy Policy, a copy of which is available at: https://canadiantaxenthusiast.com/privacy-policy/.

5. Third Party Sites and Information

The Site and its users may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. Please review the terms of use and privacy policies of such third party sites carefully before using such sites. Such third party sites are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, privacy practices, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services.

6. Intellectual Property

For purposes of these Terms, "Content" is defined as any information, data, communications, software, text, photos, video, graphics, music, sounds, corporate names and logos, product and service names, webpages, documents, features, code, functionality, designs, presentations, selections, arrangements, and any other material and/or services that can be viewed by users on the Site. This includes message boards, chat, and other original content where available, whether or not access to same requires an Account. For greater certainty, “Canadian Tax Enthusiast Content” is Content posted, generated, provided or otherwise made available through the Site that we own or have a license to use, except for User Content. “User Content” is Content that you or other users post, generate, provide or otherwise make available through the Site.

By accepting these Terms, you acknowledge and agree that all Canadian Tax Enthusiast Content presented to you on the Site is protected by copyrights, trademarks, service marks, patents or other proprietary or intellectual property rights and laws, and is the sole property of Canadian Tax Enthusiast and/or its Affiliates. You further acknowledge and agree that all User Content presented to you on the Site may be protected by copyrights, trademarks, service marks, patents or other proprietary or intellectual property rights and laws, and, where posted by other users, is not owned by you. Except for a single copy made for personal, non-commercial use only, you may not copy, reproduce, modify, republish, upload, post, transmit, sell, license, distribute or otherwise exploit any Content from the Site in any form or by any means without prior written permission from us, our Affiliates, other users, as the case may be. You are solely responsible for obtaining permission before reusing any copyrighted material that is available on the Site. Any unauthorized use of the Content appearing on the Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither we nor our Affiliates warrant or represent that your use of Content displayed on or obtained through the Site will not infringe the rights, including without limitation intellectual property rights of third parties.

By posting, generating, providing or otherwise making available your User Content on the Site or through any of our other services, you hereby grant Canadian Tax Enthusiast an irrevocable, non-exclusive, transferable, sublicensable, worldwide, perpetual, royalty-free license to use, host, cache, store, reproduce, transmit, edit, modify, adapt, reformat, create derivative works from, incorporate into other works, publicly display, publicly perform, publish and distribute your User Content solely in connection with operating, improving, and providing the Site and our other services.

7. Unauthorized Use of Materials

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. Subject to our Privacy Policy, User Content that you transmit to the Site or to us, whether by electronic mail, post, or other means, for any reason, will be treated by default as non-confidential and non-proprietary.

You shall be solely responsible for your User Content and the consequences of submitting your User Content to us and the Site. Where you are uploading or posting any User Content to the Site, you represent and warrant to us that you have the right to post this User Content and to grant the licenses to us described in these Terms, that such User Content contains no viruses or other malicious programming, that its posting does not infringe the intellectual property rights of another person, and that the User Content does not breach any of the provisions of these Terms.

8. Disclaimer of Warranties

THE SITE AND ALL CONTENT ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SITE AND CONTENT WILL MEET YOUR REQUIREMENTS OR BE FIT FOR YOUR PURPOSE OR PARTICULAR USE, (B) YOUR USE OF OR ACCESS TO THE SITE AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF THE SITE, ANY PRODUCTS, SERVICES, OR CONTENT PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

The Site could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the Site and the Content on the Site, including the prices and descriptions of any products listed herein or any User Content, at any time without notice. The Site or the Content on the Site may be out of date, and we make no commitment to update the Site or such Content.

The Site could include bugs, viruses, trojan horses, or other damaging or malicious computer programs or software, and the Site provided could be interrupted or ceased from time to time. The use of the Site or the downloading or other acquisition of any Content through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.

You understand and agree that temporary interruptions of the Content and/or services available through the Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR OF ANY WEBSITES REFERENCED OR LINKED TO FROM THE SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IN THE EVENT THAT ANY CLAIM OR LIABILITY ARISES AGAINST US, OUR AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE SITE AND/OR RELATED SITE OR ANY OTHER CIRCUMSTANCE GIVING RISE TO LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES ONLY, AND SUCH DIRECT DAMAGES SHALL NOT EXCEED THE GREATER OF THE TOTAL FEES PAID BY YOU TO US DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR LIABILITY OR $50.00 CAD.

You acknowledge that Canadian Tax Enthusiast has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Canadian Tax Enthusiast and its Affiliates from all liability for you having acquired or not acquired Content through the Site.

10. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including solicitor-client costs on a full indemnity basis, that arise from your use or misuse of the Site, your violation of any of the Terms, your violation of any third party right, including, without limitation, any intellectual property or privacy right, or any claim that your User Content caused damage to a third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This defense and indemnification obligation will survive these Terms and your use of the Site.

11. International Use

Although the Site may be accessible worldwide, we make no representation that Content on this Site is appropriate or available for use in locations outside Canada and accessing them from territories or jurisdictions where such Content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Site is void where prohibited.

12. Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your account or your access to all or part of the Site with or without notice and for any reason including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for termination and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or the Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

13. Governing Law

By accessing this Site you agree with us that the statutes and laws of the Province of Manitoba, without regard to any conflicts of laws principles or any other legislation of any other jurisdiction, will apply to all matters relating to the use of the Site and the purchase of products and services available through the Site. You agree to submit to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within the Province of Manitoba for all matters arising from your use of the Site.

14. Entire Agreement

Unless otherwise provided herein, these Terms constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.

15. Miscellaneous

Any cause of action brought by you against us, or our Affiliates, must be instituted within two years after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms.

If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that or any other right or provision.

16. Changes in Site

We reserve the right, in our sole discretion, to either modify or discontinue the Site, including any of the related features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on the Site shall also be subject to these Terms.

17. Changes to the Terms

These Terms are effective as of October 1, 2024. We reserve the right to change these Terms from time to time. You acknowledge and agree that it is your responsibility to review the Site and these Terms from time to time, and to familiarize yourself with any modifications or revisions that may be made. Your continued use of the Site after such modifications or revisions will constitute your acknowledgement of the modified Terms, and your agreement to abide and be bound by the modified Terms.

18. Contact Canadian Tax Enthusiast

You can contact us at the following email: [email protected]