Terms of Service
DebtCoach.ca provides products, services, and web sites (referred to collectively as the "Services" in this document) for use by individuals. Your use of DebtCoach.ca's Services is subject to the terms of a legal agreement between you and DebtCoach.ca.
By using or accessing the Services, you acknowledge that you have read and understood the following terms and conditions ("Terms of Service") and you agree to be bound by these terms and conditions. These Terms of Service do not alter in any way the terms or conditions of any other agreement you may have with DebtCoach.ca, or its subsidiaries or affiliates, for products, services or otherwise.
1. Services Offering
DebtCoach.ca grants you a limited license to access and make use of the Services. The license may not be re-sold or assigned by you. If you assign, or try to assign, this license, such assignment or attempted assignment will be void and unenforceable. You agree to use the Services only for purposes that are permitted by (a) these Terms of Service and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdiction (including any laws regarding the export of data or software to and from Canada or other relevant countries).
DebtCoach.ca reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of the Services or any features within the Services at DebtCoach.ca's sole discretion with 30 days prior notice to you.
While DebtCoach.ca may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Services, such fixed upper limits may be set by DebtCoach.ca at any time, at DebtCoach.ca's sole discretion, with 30 days prior notice to you. DebtCoach.ca shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
2. Your Rights
Any financial information, documents, images, or any other information (referred to collectively as "Content" in this document) that you transfer to DebtCoach.ca will be used solely to provide the Services to you in the specified manner. DebtCoach.ca will only publish Content in a manner that is accessible through your account and any account you assign access to Content.
Other than the limited license set forth above, DebtCoach.ca acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms of Service in or to any Content that you provide to the Services. You agree that you are responsible for protecting and enforcing your intellectual property rights and that DebtCoach.ca has no obligation to do so on your behalf.
3. Your Responsibilities
You must be 18 years or older to use the Services and be a resident of Canada.
As a condition of your use of the Services, you agree to (a) provide DebtCoach.ca with true, accurate, current and complete information as prompted by DebtCoach.ca registration forms, when registering for or using the Services and (b) update and maintain the truthfulness, accuracy and completeness of such information.
You agree and understand that you are solely responsible for maintaining and protecting the confidentiality of passwords associated with any account you use to access the Services, and are solely responsible to DebtCoach.ca for all activities that occur under your account. You agree to notify DebtCoach.ca immediately of any unauthorized use of your account or password, or any other such breach of security.
You agree not to access (or attempt to access) any of the Services by any means other than through the interfaces provided by DebtCoach.ca. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers). You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to or used by the Services). You agree that you will not reproduce, duplicate, sell, trade or resell the Services or otherwise make any derivative uses of the Services, for any purpose.
You are solely responsible for all Content posted and activities that occur under your account. You agree (a) not to use the Services for illegal purposes; (b) not to use the Services to infringe any party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity and privacy; (c) not to transmit through the Services any unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, offensive or otherwise objectionable material of any kind or nature; (d) not to upload, post, host or transmit unsolicited email, SMSs, or "spam" messages; (e) not to transmit any worms or viruses or any code of a destructive nature; (f) not to impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, or otherwise mislead others as to your identity.
You acknowledge that while DebtCoach.ca does not pre-screen Content, DebtCoach.ca and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Services.
You acknowledge that Content presented to you as part of the Services may be protected by intellectual property rights which are owned by the parties who provide that Content to DebtCoach.ca (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content unless you have been granted permission to do so by the owners of that Content in a separate agreement.
You acknowledge and agree that DebtCoach.ca (or DebtCoach.ca's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with DebtCoach.ca, nothing in these Terms of Service gives you a right to use any of DebtCoach.ca's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. You agree that you shall not remove, obscure or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. All rights not explicitly granted in these Terms of Service are reserved to DebtCoach.ca.
DebtCoach.ca makes basic membership access to certain Services available for free and charges a periodic subscription fee ("Subscription Fee") for the duration of your use of premium membership access to certain Services. In this document, "Period" refers to the periodic subscription interval for which a Subscription Fee is charged and Services are provided. A single Period can be twelve (12) months, or twenty four (24) months depending on amount of the Subscription Fee.
You must provide DebtCoach.ca or its affiliates or partners with a valid credit card with available credit or funds or a personal cheque to pay the Subscription Fee in advance . You authorize DebtCoach.ca or its affiliates or partners to make all charges described in these Terms of Service to your account. If the payment of your Subscription Fee fails for any reason, your account may be suspended until you provide DebtCoach.ca with valid credit card information and the Subscription Fee is paid.
The Subscription Fee for each of the Services is dependent on the Service. DebtCoach.ca reserves the right, at any time, to modify its Subscription Fee and billing methods. Current Subscription Fees are posted within your DebtCoach.ca account on the "Subscription" page.
Subscription Fees are charged to your account in advance on a periodic basis. The Subscription Fee is non-refundable. There will be no refunds or credits for partial Periods of Service or for Periods unused with an open account. You are responsible for payment of all taxes, levies or duties imposed by taxing authorities on your Subscription Fee.
5. Terms and Termination
All Services are made available on a periodic basis and will be automatically renewed by DebtCoach.ca unless you disable a Service or disable automatic renewal.
You may disable any Service at any time by accessing the Subscription page in your account and following the instructions for disabling a Service. Disabling of any Service will take effect after any existing paid Periods expire. When you disable a Service, no charges for the Service will appear in your Subscription Fee for the next billing cycle. Requests to disable any Service or cancel your account must be processed before 5PM EST ten days before your billing cycle in order to avoid a subsequent charge for your Subscription Fee.
Disabling any Service may cause the loss of content, features or capacity of your account. Canceling your account will cause the immediate loss of all Content, features and capacity of your account. This information cannot be recovered and DebtCoach.ca does not accept any liability for such loss.
DebtCoach.ca, in its sole discretion, may immediately terminate these Terms of Service, your account and all current or future use of the Services, for any reason at any time. Termination of your account includes removal of your access to all Services, and the forfeiture and relinquishment of all Content in your account. DebtCoach.ca reserves the right to refuse services to anyone for any reason at any time.
6. Disclaimer of Warranties
You understand and agree that use of the services is at your sole risk. The services are provided on an "as is" basis. DebtCoach.ca expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. DebtCoach.ca makes no warranty that (a) the Services will meet your requirements; (b) the Services will be uninterrupted, timely, secure or error-free; (c) the results, Content or any other information obtained through the use of Services will be accurate, complete, reliable, current or error-free; (d) the Services, their servers or email sent from DebtCoach.ca or the Services are free of viruses or other harmful components; or that (e) any errors in the Services will be corrected. In some jurisdictions, disclaimers or implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
7. Limitation of Liability
In no event shall DebtCoach.ca or its affiliates or subsidiaries, nor their respective directors, members, employees or agents be liable for any direct, indirect, incidental, special, punitive, compensatory, consequential or exemplary damages (even if DebtCoach.ca has been advised of the possibility of such damages), resulting from: (a) the use of or the inability to use the Services; (b) the cost of any goods and/or services purchased or obtained as a result of the use of the Services; (c) disclosure of, authorized access to or alteration of your transmission of data; (d) Content you submit, receive, access, transmit or otherwise convey through the Services; (e) statements or conduct of any third party through the Services; (f) any other matter relating to the Services; or (g) any breach of these Terms of Service by DebtCoach.ca or the failure of DebtCoach.ca to provide the Services under these Terms of Service.
In no event shall the aggregate liability of DebtCoach.ca arising out of or relating to the use of or inability to use the Services, exceed the equivalent of one (1) Period of Subscription Fees.
Some jurisdictions do not allow the limitation of or exclusion of liability for incidental or consequential damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you.
You agree to indemnify, defend and hold harmless DebtCoach.ca, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising out of or related to: (a) any fraud or manipulation, or other violation of these Terms of Service by you; (b) the Content or other information provided by you to Gospel Software or that you submit, transmit or otherwise make available through the Services; (c) your use of the Services; or (d) any violation of any rights of another or harm you may may have caused to another.
9. General Terms
When you use the Services or send emails to DebtCoach.ca, you communicate with DebtCoach.ca electronically and consent to receive communications from DebtCoach.ca electronically. DebtCoach.ca will communicate with you by email to your registered email address, by posting general notices in the Services, or by posting messages that are displayed to you when you sign in to the Services. You agree that all agreements, notices, disclosures and other communications that DebtCoach.ca provides to you electronically satisfy any legal requirement that such communications be in writing.
DebtCoach.ca may make changes or modifications to these Terms of Service at any time and from time to time, at its sole discretion. When these changes are made, DebtCoach.ca will make a new copy of Terms of Service available at http://www.DebtCoach.ca. Any such changes or modifications will be effective immediately upon posting of revisions at this location. You understand and agree that your continued use of the Services following the posting of such changes or modifications constitutes your acceptance thereof.
These Terms of Service constitute the entire legal agreement between you and DebtCoach.ca and govern your use of the Services (but excluding any services which DebtCoach.ca may provide to you under a separate written agreement), and completely replace any prior agreements between you and DebtCoach.ca in relation to the Services.
These Terms of Service, your use of the Services and the relationship between you and DebtCoach.ca shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, notwithstanding the choice of law provisions of the venue where any action is brought, when the violation occurred, where you may be located or any other jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the courts located in Peel Region in the Province of Ontario and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Service. Notwithstanding this, you agree that DebtCoach.ca shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
In any action to enforce these Terms of Service, the prevailing party shall be entitled to recover costs and reasonable attorneys' fees.
You agree that if DebtCoach.ca does not exercise or enforce any legal right or remedy which is contained in these Terms of Service (or which DebtCoach.ca has the benefit of under any applicable law), this shall not constitute a waiver of DebtCoach.ca's rights and that those rights or remedies will still be available to DebtCoach.ca.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Service is invalid, then that provision will be removed from the Terms of Service without affecting the rest of the Terms of Service. The remaining provisions of the Terms of Service will continue to be valid and enforceable.
DebtCoach.ca may assign any of its rights or obligations under these Terms of Service to (a) any subsidiary or affiliated legal entity; (b) any entity that acquires all or substantially all of the assets of DebtCoach.ca; or (c) any entity that acquires all or substantially all of DebtCoach.ca's interest in the Services and/or related assets from DebtCoach.ca. You acknowledge and agree that in the event such a transaction occurs, these entities will be entitled to provide the Services to you in accordance with these Terms of Service.