Terms of Service
Last updated: January 8, 2020.
Welcome to SimpleTax! We have tried to keep our Terms of Service (the “Terms”) as simple as possible. Unfortunately, the realities of the legal world make this a very difficult task. So, should you have any questions or concerns, or would simply like to better understand the way we do things at SimpleTax, please don't hesitate to contact us at email@example.com.
Simpletax.ca and any of our associated websites or mobile applications (collectively, the “Site”) and the services available through the Site (collectively, the “Services”) were built by and are operated by SimpleTax Software Inc. (referred to herein as “us”, “we”, and “our”). By using the Services, you agree to comply with and be legally bound by the Terms, regardless of whether you sign up for an account. If you do not agree to the Terms, you may not use the Services.
Your Rights and Responsibilities
You may use the Services to prepare personal tax returns for you and/or your family.
You agree that you will not use the Services to prepare tax returns (or to assist you in preparing tax returns) on a Professional Basis. Preparing a tax return on a “Professional Basis” includes, but is not limited to, receiving any consideration, monetary or otherwise, for your work. You agree that in no event shall we have any liability for damages or claims arising from your use of the Services on a Professional Basis, notwithstanding any other Terms herein.
You agree that you are solely responsible for providing Complete and Accurate Information when using the Services. You agree to review your tax returns for typos and for errors prior to filing your tax returns with the Canada Revenue Agency and/or Revenu Québec (collectively, the “Revenue Agencies”). You also agree that you are responsible for ensuring that any member of your family for whom you prepare a tax return reviews his or her tax return for typos and for errors prior to anyone filing that tax return.
Providing “Complete and Accurate Information” means properly entering all necessary personal, tax, and financial information into the Services. This includes, but is not limited to, properly inputting and reviewing: income, expenses, deductions, prior-year deductions, prior-year carry-forwards, claims for various tax credits, and any necessary tax information (e.g., net income amounts) from your dependants. Reviewing a tax return includes acknowledging that all information reported on the tax return is correct and that no data is erroneous or missing. For greater certainty, reviewing a tax return includes acknowledging that a tax return is free from typing errors.
Because tax laws and regulations change frequently and their application varies widely based upon the specific facts and circumstances, interpretation rules, and taxing policies involved, you agree that you are solely responsible for the contents of the tax returns prepared in your account.
You agree that you are solely responsible for filing your tax return with the Revenue Agencies on or prior to the filing deadline published by the Revenue Agencies, and for ensuring your tax return is accepted by the Revenue Agencies. You understand and agree that we will not automatically file your tax return for you. You agree that we are not liable for any damages, including interest or penalties, arising from your failure to file your tax return.
We cannot guarantee that your tax return will be accepted as filed by the Revenue Agencies. You agree that the Services’ documentation makes it clear that the Revenue Agencies may require additional information, and you understand that you must keep this information on hand for the amount of time required by law.
You agree that it is your sole responsibility to remember the login information for your account. You agree that in no circumstance is SimpleTax, its affiliates, principals or employees liable for any damages arising from your failure to remember the login information for your account, notwithstanding any other Terms herein. You agree to immediately notify us of any unauthorized use your password or account, or any other breach of security, and to ensure that you properly exit your account at the end of each session. SimpleTax assumes no liability for any loss or damage arising from your failure to comply with this section.
100% Awesome Guarantee
This guarantee applies to 2014 and later tax return(s) filed by December 31 of the following year; e.g., you must file your 2014 return by December 31, 2015. You must successfully submit your return electronically through the Services for the guarantee to apply.
If you provide Complete and Accurate Information and you owe a penalty or interest because of our calculation error, we will reimburse you the penalty and the interest amounts up to the date of your Notice of Assessment or Reassessment. We will also refund any optional payment you made for the year. This guarantee does not apply to calculation errors due to mistakes in the Revenue Agencies’ documentation. If you believe that this guarantee applies to your return, you must notify us by email at firstname.lastname@example.org as soon as you learn of the mistake and within 30 days of the date on the Notice of Assessment or Reassessment. You must attach a copy of the Notice of Assessment or Reassessment to your email. When requested, you must also provide us with access to your SimpleTax account.
If you find a larger refund using a competitor when you enter identical information, we will refund any optional payment you made for the year. If you are a couple that is using linked profiles, this guarantee applies to the combined refund found for you and your partner. This guarantee does not apply to differences attributable to rounding or to differences under $2.
If you are not satisfied with the Services, you can file your return without making a payment.
You understand and agree that it is not our business to provide tax advice and that we cannot and will not do so.
Any instructions, documentation, help content, blog posts, social media posts, support emails from our affiliates, principals, employees, or contractors, social media replies from our affiliates, principals, employees, or contractors, links to third-party websites (including the Revenue Agencies’ websites), content contained in any such third-party websites linked to by us, and other similar content in and relating to the Services (collectively, the “Help Content”) are provided for your convenience only. You agree that under no circumstance is the Help Content to be construed as us providing tax advice to you.
Upon completion of your or your family member’s tax return and prior to submitting and/or downloading that person’s tax return document(s), we will give you the option to pay any amount to support us. We may suggest an amount based on your tax situation. If you elect to pay for the Services you can pay by credit card or PayPal. You will be subject to the credit card processor’s or PayPal’s terms and conditions. Should you wish to dispute a payment, you may contact us by email at email@example.com or by mail at SimpleTax Software Inc., 100 King Street West, Suite 6200, 1 First Canadian Place, Toronto, Ontario M5X 1B8.
Except as otherwise provided herein, all payments are non-refundable.
We grant you a personal, limited, non-exclusive, non-transferable right and licence to use the Services, provided you comply with these Terms and that you do not:
- modify, or create a derivative work of, any text, sound, graphics, trade-marks, service marks, logos, taglines, trade names and other material owned by us or our licensors and made available through the Services (“Content”);
- copy any Content onto your own or any other website;
- use the Services to distribute viruses or other harmful, disruptive, or destructive files;
- use or attempt to use another person’s account;
- impersonate another person;
- reproduce, copy, sell or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site;
- use the Services to file incorrect or incomplete tax returns;
- disrupt or interfere with the security of, or otherwise abuse, the Services, or any servers or networks connected to the Services;
- attempt to obtain unauthorized access to the Services;
- access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes; or
- reverse engineer or access the Services in order to build a competitive product or service, or build a product using similar features, functions, ideas or graphics from the Services.
If you provide Complete and Accurate Information, we warrant to properly calculate your tax payable. We disclaim any responsibility for your failure to enter Complete and Accurate Information, and for any choices you make regarding the treatment and processing of your tax situation.
We warrant that your tax return is certified for electronic transmission to the Revenue Agencies through the NETFILE and NetFile Québec web services.
Not applicable to Residents of Québec: To the maximum extent permitted by applicable law, we disclaim all other warranties, express or implied, regarding the Services, including its fitness for a particular purpose, its quality or its merchantability.
THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. SIMPLETAX AND ITS AFFILIATES CANNOT AND DO NOT GUARANTEE, AND DO NOT MAKE ANY, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, COVENANTS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING (1) ANY WARRANTY OF MERCHANTIBILITY; (2) FITNESS FOR A PARTICULAR PURPOSE; (3) NON-INFRINGEMENT; (4) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (5) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; AND (6) THAT ANY DEFECTS WITH THE SERVICES, IF ANY, WILL BE CORRECTED. YOU UNDERSTAND THAT ANY USE OF, MODIFICATION TO OR RELIANCE ON THE SERVICES, IS AT YOUR OWN DISCRETION AND RISK.
Privacy and Security
We are responsible for protecting the security of your data and personal information that is in our possession and will maintain commercially reasonable administrative, technical and physical procedures to protect your data and personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures. You understand and agree that you use the Services at your own risk.
Limitation of Liability
Not applicable to Residents of Québec: You understand and agree that the entire liability of SimpleTax Software Inc. and our principals, employees or any other person, corporation or organization that has helped us shall be at all times limited to the amount, if any, that you paid to use the Services.
You agree that we are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits or investment, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if we have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, IN NO EVENT SHALL SIMPLETAX OR ANY OF SIMPLETAX’S AFFILIATES OR ANYONE ELSE INVOLVED IN DEVELOPING, PRODUCING, DELIVERING OR MANAGING THE SERVICES OR SITE (COLLECTIVELY THE “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 THE SERVICES OR SITE, ANY COMMUNICATIONS SENT TO YOU VIA THE SITE OR OTHERWISE FROM SIMPLETAX (INCLUDING WITHOUT LIMITATION IN THE FORM OF ELECTRONIC MAIL OR VIA TELEPHONE), OR INFORMATION AVAILABLE FROM THE SITE, 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 PROVIDERS, AND INCONVENIENCE, DELAY OR LOSS OF USE OF THE SITE OR SERVICES, EVEN IF ANY ONE OF OR ALL OF THE PROVIDERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE 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 SERVICES OR IN THE CONTENT OF THE SITE.
Copyrights & Intellectual Property
Your right to use the Services is protected by copyright, trade secret, and other intellectual property laws, and we retain all rights, title and interest, including all intellectual property rights, in and to the Services. You acknowledge that the Services and all related documents are protected by Canadian copyright laws and international treaty provisions. You agree you will not reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
You understand that certain parts of the Services may have been designed or developed by third party licensors and may include software licensed by such third parties, who shall be authorized to hold you responsible for any copyright infringement or violation of these Terms.
Right to Terminate
If you breach any provision of these Terms, then you may no longer use the Services and you may have your account suspended or cancelled. We, in our sole discretion, shall determine whether these Terms have been violated. We may also suspend or cancel your account where there is suspected unauthorized access or hacking. We reserve the right to suspend or cancel your account without notice to you at any time for any reason, including if you are in default of your obligations with respect to the Services.
We reserve the right at any time and from time to time to discontinue, temporarily or permanently, the Services with or without notice. We reserve the right to change the Services, including the Optional Payment and 100% Awesome Guarantee, in our sole discretion and from time to time. We will provide notice to you of any material changes to the Services. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that we shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services.
We may modify these Terms from time to time. Any and all changes to these Terms may be provided to you by electronic means (i.e., via email or by posting the information on the Site). In addition, these Terms will always indicate the date it was last updated. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.
These Terms shall be governed by and construed in accordance with the laws of the province of Ontario, without giving effect to its conflict of law provisions. You agree that you will bring any claim or cause of action arising out of these Terms, your use of the Services or any purchase made via the Services in the courts located within Toronto, Ontario, and you also agree to submit to the personal and non-exclusive jurisdiction of those courts. If any provision contained in these Terms is determined unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions of these Terms will remain in full force and effect. No waiver of any provision of these Terms shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and/or your use of the Services. You may not assign any right, interest, or benefit provided under these Terms or the Services without our express prior written consent. These Terms set forth the entire agreement between you and us, and supersede any and all prior communications, agreements and proposals, whether electronic, oral or written, between you and us with respect to the Services. The parties have expressly required that these Terms and all other related documents be drawn up in the English language. Les parties ont expressément exigé que ces conditions d’utilisation et tous les documents qui s’y rapportent soient rédigés en anglais.