Terms of Use
See also: Privacy Policy
Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least 18 years of age.]
[This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to The Successful Bookkeeper use of cookies in accordance with the terms of The Successful Bookkeeper [privacy policy / cookies policy].]
License to use website
Unless otherwise stated, The Successful Bookkeeper and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages [or [OTHER CONTENT]] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
– republish material from this website (including republication on another website);
– sell, rent or sub-license material from the website;
– show any material from the website in public;
– reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]
– [edit or otherwise modify any material on the website; or]
– [redistribute material from this website [except for content specifically and expressly made available for redistribution].]
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without the The Successful Bookkeeper express written consent.
[You must not use this website to transmit or send unsolicited commercial communications.]
[You must not use this website for any purposes related to marketing without The Successful Bookkeeper express written consent.]
Restricted access
[Access to certain areas of this website is restricted.] The Successful Bookkeeper reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at The Successful Bookkeeper discretion.
If The Successful Bookkeeper provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
[The Successful Bookkeeper may disable your user ID and password in The Successful Bookkeeper sole discretion without notice or explanation.]
User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to The Successful Bookkeeper a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to The Successful Bookkeeper the right to sublicense these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or The Successful Bookkeeper or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
The Successful Bookkeeper reserves the right to edit or remove any material submitted to this website, or stored on The Successful Bookkeeper servers, or hosted or published upon this website.
[Notwithstanding The Successful Bookkeeper rights under these terms and conditions in relation to user content, The Successful Bookkeeper does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]
No warranties
This website is provided “as is” without any representations or warranties, express or implied. The Successful Bookkeeper makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, The Successful Bookkeeper does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]
Limitations of liability
The Successful Bookkeeper will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
– [to the extent that the website is provided free-of-charge, for any direct loss;]
– for any indirect, special or consequential loss; or
– for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if The Successful Bookkeeper has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit The Successful Bookkeeper liability in respect of any:
– death or personal injury caused by The Successful Bookkeeper negligence;
– fraud or fraudulent misrepresentation on the part of The Successful Bookkeeper; or
– matter which it would be illegal or unlawful for The Successful Bookkeeper to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
[You accept that, as a limited liability entity, The Successful Bookkeeper has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against The Successful Bookkeeper officers or employees in respect of any losses you suffer in connection with the website.]
[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect The Successful Bookkeeper officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as The Successful Bookkeeper
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Communications
EMAIL and Other Electronic Communications
Visiting the Website or sending emails to The Successful Bookkeeper constitutes electronic communication. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing. We would be pleased to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send an electronic communication to The Successful Bookkeeper. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.
SMS
Text Messaging. By creating an Account, you give express consent that The Successful Bookkeeper may send you informational text (SMS) messages as part of the normal business operation of your use of the Services and that the use of SMS is necessary to utilize the Services. When you create an account, we will send you an SMS message to confirm your sign-up. You can cancel the SMS service at any time by replying "STOP" in the text message you received. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again. If at any time you forget what keywords are supported, just reply "HELP" to the text message you received. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe. Message and data rates may apply for any messages sent to you from us or to us from you. Message frequency depends on your use of the Services. If you have any questions about your text or data plan, please contact your wireless provider.
Indemnity
You hereby indemnify The Successful Bookkeeper and undertake to keep The Successful Bookkeeper indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by The Successful Bookkeeper to a third party in settlement of a claim or dispute on the advice of The Successful Bookkeeper legal advisers) incurred or suffered by The Successful Bookkeeper arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
Breaches of these terms and conditions
Without prejudice to The Successful Bookkeeper other rights under these terms and conditions, if you breach these terms and conditions in any way, The Successful Bookkeeper may take such action as The Successful Bookkeeper deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
The Successful Bookkeeper may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
The Successful Bookkeeper may transfer, sub-contract or otherwise deal with The Successful Bookkeeper rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions [, together with [DOCUMENTS],] constitute the entire agreement between you and The Successful Bookkeeper in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the Canadian Law and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts in Markham, Ontario.
The Successful Bookkeeper
Our address and contact details:
29 Washington Street, Markham, ON L3P 2R4
Phone: : 855-545-PURE
Email: support -@- thesuccessfulbookkeeper -dot- com