My Profit Planner Agreement and Terms

This website, www.growcpa.ca (“Site”) is owned and operated by Grow CPA LLP, a business operating under the laws of Ontario, Canada. This My Profit Planner Agreement and Terms of Service (“Agreement”) is between Grow CPA LLP and the user of the My Profit Planner (“Participant”), collectively the “Parties”. This Agreement sets out the expectations for what it will be like for the Participant to participate in the My Profit Planner online course, templates and other materials (“Product”) provided by Grow CPA LLP. For mutual consideration, the receipt and sufficiency of which is acknowledged, the Parties agree to the terms and conditions set out below. In these Terms, “we”, “us” and “our” refer to Grow CPA LLP and the terms “you” or “your” refer to any individual user of our Site or Product. 

 

By registering and purchasing the Product, the Participant confirms that they have read, understood and agreed to accept all of the terms and conditions in this Agreement. 

 

PLEASE READ CAREFULLY. It is important the Participant fully understands that there are risks associated with the Product, and ask questions as needed. The Participant acknowledges and understands that they are waiving certain legal rights by signing this Agreement.

CONFIDENTIALITY AND PRIVACY

 

Confidentiality and Non-Disclosure

The Participant understands that as part of the Product, certain confidential information may be disclosed either orally or in writing. For the purpose of this Agreement, “Confidential Information” means information that is of value and is treated as confidential and proprietary by its owner, and includes but is not limited to, coaching materials, business records, financial data, marketing strategies, advertising campaigns, social media account metrics, passwords, inventions, client lists, personal data, health history and data, intellectual property, trade secrets and the contents of this Agreement (“Confidential Information”). The Participant agrees not to disclose to any other person or entity or make use of the Confidential Information without the express written consent of the other, except to the extent that such disclosure is necessary to carry out their duties under this Agreement or as required by law. 

 

Privacy Policy
Grow CPA LLP may collect personal information, including Participant name, address, email address, phone number, billing information, financial and business information, or other personal information (“Personal Information”). By providing any Personal Information to Grow CPA LLP, Participant consents and grants Grow CPA LLP permission to use and store such information in order to facilitate the Product. The Participant acknowledges and consents to the use of technology, telephones, e-mails, applications and third-party platforms that use video and audio and third-party payment providers to be used by Grow CPA LLP in order to deliver the Product. The Participant confirms Grow CPA LLP is not responsible for the terms and policies of any third-party platforms and it is the Participant’s responsibility to review third-party privacy policies and terms and conditions. Please see our full Privacy Policy at https://www.growcpa.ca/privacy-policy

 

Service Use and Consent

When you purchased or opted-into any Services, including any online course on our Site, you were given reasonable notice that these Terms of Use existed. By purchasing and accessing Services you implicitly agree to abide by these Terms of Use, confirm you are aware of any disclaimers, and acknowledge and agree to our Privacy Policy. Failure to abide by these terms may result in our termination of your use of any Services. 

 

By purchasing or accessing any Services, you further warrant to us that you are at least 18 years old or the applicable age of majority in your jurisdiction. Purchasing or accessing our Services if you are a minor is a violation of use, and we reserve the right to terminate your access if it is discovered you are a minor. 

 

While we aim to keep this Site as up-to-date as possible, we cannot guarantee that all content on our Site is entirely accurate, complete, or up to date. We reserve the right at any time to modify or discontinue, in whole or in part, any Services offered or change the prices of our Services without notice. We are not liable to you or any third-party for any modification, price change, suspension or discontinuation of any Services. 

 

If you wish to have any of your personal information and/or access to our Site removed, you may email us at [email protected] and we will make reasonable efforts to do so. More information about how we collect, process and store your personal information can be found in our Privacy Policy.https://www.growcpa.ca/privacy-policy 

INTELLECTUAL PROPERTY AND OWNERSHIP OF RIGHTS

 

Ownership of Intellectual Property Rights
All content, resources, materials, images, text, designs, graphics, page layouts, icons, videos, logos, taglines, trademarks (whether common law or registered), copyright, and service marks (“Intellectual Property”) on our Site, Services or posted on social media is owned by us, unless attributed otherwise. All content on the Site and in any Services is proprietary to us and you may not modify, whether in whole or in part, and of our Intellectual Property as this is a violation of federal law.

You are strictly prohibited, and may NOT under any circumstance, use our Intellectual Property in any way including re-posting or republishing any of our Intellectual Property to any third-party website or social media platform for any purpose whatsoever. 

Limited License

Any and all materials that you access as part of any Services through our Product or related domain are under the sole ownership or licensed use of Grow CPA LLP including all Intellectual Property.  When you purchase or opt-in to this Product, you receive a limited, non-transferable, non-exclusive, royalty free license for your non-commercial purposes only to access the content or materials provided to you by us as part of the Product. You do not obtain any ownership interest or other rights to the materials and all copyrights remain with us. As a condition of your use of any materials provided to you, you may not, under any circumstances, reproduce, copy, modify, sell or use such materials except as it was originally intended when it was provided by us to you, including sharing with any third-party, including members of your business or team. If it is determined that you have breached this limited license, this will be considered infringement of our Intellectual Property rights and we specifically reserve the right to seek damages, an injunction, or any such other available legal remedy in our sole discretion. 

 

As part of your limited, non-transferable, non-exclusive royalty-free license you may (i) access the Services for your personal use only; (ii) download or print any of the materials provided to you as part of the Services for your personal use or personal use in your business only; and (iii) use any of our Intellectual Property with our prior written consent so long as all materials show “©Grow CPA LLP” as the source of the materials and marking any of our federally registered trademarks with “®” or our common law trademarks with “™”. If you wish to use, publish any of our content, resources or materials provided to you as part of the Services you must first write to us [email protected] and request our consent. 

 

Violations and Indemnity

We take violations and infringement of our Intellectual Property rights seriously. We expressly reserve the right to take whatever legal steps necessary to protect and defend our Intellectual Property, and violators will be prosecuted to the fullest extent permissible by law. You agree to indemnify, defend and hold us harmless for any and all damages, costs and expenses, including legal fees, arising from your misuse of our Intellectual Property and our enforcement of our rights. 

Media Release

By using our Product, you grant us a commercial license to use any image(s), including any containing your likeness, that you submit to us whether voluntarily or by default, such as your profile picture on any social media platforms, for our future business use. 

 

SECURITY 

General

You understand that unfortunately, the transmission of information via the internet is not completely secure. Although we make commercially reasonable efforts to protect your information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Site. 

 

Security
If at any time you are required to create a username and password to access any Services, it is your responsibility to protect your username and password from theft or any other means of unauthorized use that would violate these Terms. If you become aware that your password has been compromised or your account has been breached, it is your responsibility to notify us immediately by sending an email to [email protected]. 

 

Use of Third-Party Applications

In order to run our Site and provide our Product, we use a number of third-party applications, such as for processing payment, delivering electronic newsletters, booking systems, hosting platforms, metric tracking. For more information as to how your personal information is collected, stored and processed, please refer to our Privacy Policy. You understand it is your responsibility to review the terms of use for any such third-party applications. If you do not agree with the terms of use for any third-party application used by our Site, please discontinue use of our Site and Services immediately. 

 

Confidentiality
You acknowledge that we have no duty of confidentiality to you, unless otherwise explicitly stated, such as in a subsequent client agreement, or as may be mandated by law or fiduciary duty.

 

Your Communication with Us
By submitting a comment, photo, video or other materials to our Site or any other platform owned or maintained by us, you grant us a non-revocable, commercial license to re-publish your submission, in whole or in part, unless you expressly state that we may not do so. You acknowledge that we have no duty of privacy or confidentiality to you by accessing our Site or Product. 

 

Any communications made through our contact form, blog comments, any digital platforms, social media pages or other related pages, or directly to our phone(s), mailing or email addresses is not held privileged or confidential and may be subject to viewing and/or distribution by third-parties. We own any and all communications displayed on our website, servers, comments, emails, or other media as permitted under law and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any information provided by you in those communications, please refer to our Privacy Policy.

We maintain the right to republish any communication or submission, in whole or in part, as reasonably necessary in the course of our business. You agree not to submit any content or communications that contain sensitive information, tax or financial advice or that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate. We reserve the right, in our sole discretion, to block your access to our Site and Services as a result of any such behaviour that we deem inappropriate. 

 

Prohibited Behaviour

By using our Site or Product, you agree not to misuse or tamper with our Site or Product, including but not limited to hacking, introducing viruses, trojans, worms, logic bombs or other technologically harmful material that would harm the functionality of, or jeopardize the security of our Site. We will immediately report any such breach or what we deem in our discretion to be harmful activities to the relevant law enforcement authorities. You agree to indemnify, defend and hold us harmless from any and all third-party claims, liability, damages and/or costs arising from your use and misuse of our Site or Product and/or your breach of these Terms. 

 

FEES AND REFUNDS 

Fees

Fees are as listed on our Site and in CDN dollars. We reserve the right to change our Fees at any time and without notice. 

 

Refund Policy
Due to the digital nature of My Profit Planner, we do not provide refunds. Please get in touch with us before purchasing if you have any questions. However, if you are unsatisfied for any reason, please contact us at [email protected].

 

Chargebacks

You agree to make every attempt to request a refund prior to attempting a chargeback with your financial institution or any third party payment processor we use to process payment on our Site. We reserve the right to present proof of your access and these Terms, the Terms of the individual Service, any third party investigating the dispute. By initiating any chargeback dispute, you expressly agree to forfeit any and all bonuses, affiliate bonuses, or other materials or resources provided to you. We reserve the right to present proof of your access to the Services and your acceptance of these Terms to any third party investigating the dispute. 

 

Payment Authorization

If any payment is recurring or made via a payment plan, you authorize our continued access to your financial information stored in any third-party payment processor we may use until your payment has been received in full and in accordance with any other payment terms accepted at the time of checkout. 

 

Coupon or Promotional Codes
Any coupon or promotional codes used must be used in good faith and are only applicable to the first payment when paying on a payment plan.

 

ASSUMPTION OF RISK AND DISCLAIMERS 

 

Assumption of Risk
Use of this Site and My Profit Planner is at your own risk. You understand and agree that use of our Site and My Profit Planner , or items found or attained through this Site is at your own risk. While we host our site on a reputable platform and take commercially reasonable efforts to maintain and host the Site, we make no representations, warranties or guarantees as to your individual safety when using our Site. You further assume all risk associated with your access to and use of any information or materials provided to you on the Site, My Profit Planner or any other pages, platforms or profiles maintained by us and any subsequent actions you choose to take, or not to take, as a result of the information, influence or educational materials provided or made available to you.

 

No Warranty
The Participant acknowledges Grow CPA LLP makes no warranty or guarantees that the My Profit Planner will lead to any specific Participant goal, financial success or particular results and Grow CPA LLP makes no promise that each Participant will experience the same or similar results. The Participant acknowledges that the My Profit Planner is provided without any express or implied warranties of any kind.  Participant is solely responsible for the content and calculations of My Profit Planner and all information included in the Template are not the responsibility nor verified or otherwise confirmed by Grow CPA LLP.

 

Time Period of Delivery

The Participant will have access to the My Profit Planner after it is downloaded or copied to the Participants own digital storage. Any updates impacting the functionality of the Product will be provided to Participants however updates improving functionality or adding new features will not be provided after date of purchase.

 

Location of Delivery

The Participant agrees to view, consume and participate in My Profit Planner only within the provincial jurisdiction indicated in the address field on purchase.

 

Future Technical Changes

Due to the nature of the content of the My Profit Planner Grow CPA LLP is not responsible for updating information that may change after the My Profit Planner initial release date. Grow CPA LLP is not responsible for any changes in information presented and any impact of those changes whatsoever.

 

Warranties Disclaimer
We make no warranties as to My Profit Planner , the Site or any related materials. You agree that our Site, and My Profit Planner “as is” and without warranty of any kind either express or implied. To the fullest extent permissible pursuant by applicable law, we expressly disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. 

 

Tax rates, estimates, calculations and amounts are the responsibility of the Participant. We take no responsibility to update tax rates, ensure correctness of rates or calculations or for any misstatements, errors, omissions or the like resulting from incorrect calculations or rates.

 

No Earnings Guarantee
The Participant acknowledges Grow CPA LLP makes no warranty or guarantee that My Profit Planner will lead to any specific earnings, business growth, tax savings, financial savings or financial results or that the Participant will experience the same or similar results as others who use the Product.

 

Not Professional Advice

Your use of our Site does not mean we are providing our professional advice or services to you. You expressly acknowledge and agree that we are not acting in any professional capacity, including personal, medical, legal, financial, tax, business or otherwise during the course of any Service. No part of our Site, the Service or any related content or materials are to be construed as personal, medical, legal, financial, tax or business advice. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this Site and/or Services. 

 

By purchasing or using My Profit Planner, no accountant and client relationship is formed. We owe you no duty of confidentiality or other professional duty as a result of your use of our Site My Profit Planner, unless we have expressly agreed to enter into an accountant client engagement which will be provided in writing through an Engagement Letter and duly signed detailing scope of accounting services and our relationship with you.

 

Third Party Disclaimer
You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other third-party participant or user, including you.

 

Affiliates
We may use affiliate links to sell certain products or services on our Site. In doing so, we disclaim any and all liability as a result of your purchase through one of the links, including but not limited to, the delivery, quality and safety of the purchased product or service. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on our Site or related communications. You agree it is your obligation to read the terms and conditions for any affiliate site, services or products.

 

General Disclaimer
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with the use of our Site or the Services, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, and for any other loss or damage of any kind, whether caused by negligence, breach of contract or otherwise, whether foreseeable or unforeseeable. 

LIMITATION OF LIABILITY AND INDEMNITY

 

Release, Waiver, and Indemnity

The Participant releases, indemnifies and saves harmless Martina Morton and Ashli Phippen as well as Grow CPA LLP, its directors, officers, agents, employees, contractors, volunteers, heirs, executors, administrators, successors, and assigns, as applicable (collectively, “Released Parties”) from any and all liability and damages arising from the Product, including financial damages or personal injuries, however caused, including negligence, during the Participant’s engagement of Grow CPA LLP for the Product. The Participant further agrees to forfeit all forms of legal recourse which may be available to the Participant, including but not limited to any form of damages, costs, losses or expenses as a result of the Product. The Participant acknowledges this release of liability is binding on the Participant’s heirs, executors and anyone else who may be able to bring a legal action on the Participant’s behalf in the future. This clause survives the expiration or early termination of this Agreement.

 

Limitation of Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL COMPANY NOR, WHERE APPLICABLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AFFILIATES OR SUCCESSORS (“COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH OR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION ON THE WEBSITE EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

 

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE, WHATSOEVER, SHALL BE LIMITED TO ANY ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCTS AND/OR SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

 

Termination of Your Use
If at any time we believe that you have violated these Terms, we shall immediately terminate your use of our Site, the Services and any related communications as we deem appropriate and in our sole discretion. At any time, we may block or revoke your access to our Site and Services at any time without notice, and if necessary, block your IP address from further visits to our Site. 

 GENERAL

 

Full Agreement
You acknowledge that these Terms of Use, together with our Privacy Policy constitute the full agreement relating to your use of the Site and Services. 

 

Relationship of Parties
Nothing in this Agreement will be understood to create an employment, joint venture, client or partnership relationship between Grow CPA LLP and Participant. 

Good Faith
Each Party agrees it has acted in good faith and will continue to do so during the Term of this Agreement. This extends to good faith during any dispute resolution process. 

Governing Law and Jurisdiction

This Agreement is governed by and interpreted in accordance with the laws of Ontario and the federal laws of Canada where applicable. Any disputes arising directly or indirectly from this Agreement will be submitted and heard exclusively in the courts of Huntsville, Ontario. 

 

Dispute Resolution

In the event any dispute arises between the Parties in relation to this Agreement or a breach of this Agreement and the dispute is not resolved by negotiation, the Parties agree to submit the dispute for mediation prior to pursuing any other available remedy in relation to the dispute. The Parties may agree to virtual mediation, when available. 

 

Notice

Any notice to be given under this Agreement must be directed to the other Party using the contact information first set out above or as may otherwise be directed (“Notice”). For the purposes of this Agreement, e-mail will be considered sufficient for delivery of Notice. Notice will be deemed to be delivered on the date and time when the Notice is sent.

 

No Assignment

This Agreement may not be assigned by the Participant to any other party. 

 

Severability

If any of the provisions of this Agreement are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.

 

Waiver of Breach

The waiver by one Party of any breach of this Agreement by the other Party will not be taken to be a waiver of any future breaches by the breaching Party. The non-breaching Party reserves the right to exercise or enforce their rights at a later date. 

 

Survival

Any term of this Agreement which addresses performance or observance following the early termination or expiration of this Agreement will survive and will continue to be in full force and effect. All things considered confidential during the Term will survive and always remain confidential.

 

Full Agreement

This Agreement constitutes the full agreement between the Parties and supersedes any prior negotiation, understanding or Agreement between the Parties, whether oral or written, on the matters contained in this Agreement.

 

All Rights Reserved

We reserve the right to update and change these Terms at any time and it is your responsibility to review these Terms periodically. You can review the most current version of our Terms at any time by visiting this page. Your continued use of or access to the Site and/or Services affirms your acceptance of any changes to our Terms. All rights not expressly set out and granted in these Terms and Conditions of Use and/or our Privacy Policy are expressly reserved by us. 

 

Electronic Confirmation of Acceptance

By electronically confirming acknowledgment and acceptance of this Agreement, Participant confirms they accept the terms and conditions set out above and that this will constitute a signed and legally binding Agreement.

 

Contact
If you have any questions about these Terms of Use, please send an email to: [email protected]