The Agreement, as amended from time to time, explains the contractual agreement between you (the "Customer") and PartingWishes Inc.
("us", "we" or "PartingWishes Inc.") regarding your use of our web site
(the "Web Site" or "QuebecWillKit.ca Web Site") and The Québec Will Kit (the "Québec Will Kit"
or "kit"), the information on the Web Site (the "Content"), our facilitation of your activities and transactions
conducted through the Web Site (the "Services"), and the product of those activities (the "Documents").
Your use of the QuebecWillKit.ca Web Site and The Québec Will Kit constitutes a full and complete acceptance of the terms of this Agreement.
The Agreement contains the following sections:
- I. Subsequent Revisions to Agreement
- II. Use of the QuebecWillKit.ca Web site
- III. Your Use of the QuebecWillKit.ca Web Site and The Québec Will Kit is at your own risk
- IV. Your Documents
- V. Disclaimer of Liability
- VI. Web Site Content
- VII. Disclosure of Information
- VIII. Information Volunteered to PartingWishes Inc.
- IX. Third Party Links
- X. Printed Agreement
- XI. Entire Agreement
- XII. Acknowledgement
I. Subsequent Revisions to Agreement
may periodically revise the terms of this Agreement by updating this page. You agree to be bound by subsequent
revisions to this Agreement. Accordingly, you should periodically visit this page to review the current terms
of use. A link to this page is available on the home page of the QuebecWillKit.ca Web Site.
II. Use of the QuebecWillKit.ca Web Site
PartingWishes Inc., its affiliates and agents make this Web site and all other websites of PartingWishes Inc.
communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content,
tools, resources, software, code, programs and products made available or enabled via the Site by PartingWishes
Inc. or users of this Site. "Services" means all services and resources offered or enabled via the
Site by PartingWishes Inc. and users of this Site, including download areas, product and other information services.
You agree to use the Services only to access, download, utilize, post, send or receive Materials in an appropriate
manner as related to the particular Materials or Services being accessed or used by you.
As some examples of improper activities when accessing or using the Site, Services or Materials, you agree that you shall not:
- Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
- Use or attempt to gain access to or use another's account, password, Service, Materials or computer systems or networks connected to any PartingWishes Inc. server or to the Site without authorization from PartingWishes Inc., whether through hacking, password mining or any other means.
- Remove or falsely add to any uploaded Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material.
- Access or attempt to access any Material that you are not authorized to access or Materials through any means not intentionally made available through the Site or Services.
- Make available any files containing Materials where you do not own or control, or have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such Materials.
- Use any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party.
- Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites.
- Transmit unsolicited or bulk communications to any QuebecWillKit.ca or affiliated e-mail address.
- Post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
- Create a false identity for the purpose of misleading others.
- Disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, Materials or Services.
- Breach any guidelines or other codes of conduct applicable to a particular Service or Materials.
- Access or use the Site in any manner that could damage, disable, overburden or impair any QuebecWillKit.ca server or the network(s) connected to any QuebecWillKit.ca server.
- Prepare, compile, use, download or otherwise copy any Site user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
- Violate the rights of PartingWishes Inc. or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
- Use any PartingWishes Inc. domain name as a pseudonymous return e-mail address.
- Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by PartingWishes Inc.
When using Services or Materials, you will be subject to any posted guidelines, rules or licenses applicable to such Services or Materials,
are governed by separate agreements accompanying such Materials and Services. PartingWishes Inc. offers no guarantees and assumes no
responsibility or liability of any type with respect to the Third-Party Services, including any liability resulting from incompatibility
between a Third-Party Service, PartingWishes Inc. provided Services or another Third-Party Service. You agree that you will not hold
PartingWishes Inc. responsible or liable with respect to the Third-Party Services.
III. Your Use of the QuebecWillKit.ca Web Site and The Québec Will Kit is at your own risk
The QuebecWillKit.ca Web Site and The Québec Will Kit may contain inaccuracies or typographical errors.
PartingWishes Inc. makes no representations about the accuracy, reliability, completeness or timeliness of the content
or about the results to be obtained from using the Web Site or its Content, or the Kit or its Content. Your use of the
QuebecWillKit.ca Web Site and The Québec Will Kit, including, without limitation, the services and information
contained therein, is on an "as is" basis and is at your own risk. PartingWishes Inc. may make changes to the Content at any
time. PartingWishes Inc. is not responsible for any loss, injury, claim, liability or damage related to your use of the
QuebecWillKit.ca Web Site or any site linked to this Web Site, or The Québec Will Kit, whether for errors or
omissions in the content of our Web Site or Kit, or any other linked sites, from the Web Site being down or from any other use of the Web Site.
IV. Your Documents
PartingWishes Inc. is not a law firm. The use of the QuebecWillKit.ca Web Site and The Québec Will Kit,
is not a substitute for seeking legal advice. The Customer agrees that he or she is not relying on PartingWishes Inc.
for any legal advice or information. The Customer agrees that any Documents completed by the Customer using The Québec Will Kit
are Documents made by the Customer and not Documents made by PartingWishes Inc. The Customer
further agrees that any Documents completed by the Customer using The Québec Will Kit are Documents
completed by the Customer without a lawyer or legal advice. If a Customer requires legal advice or information,
it is agreed that it is the duty of the Customer to obtain such legal advice or information. If a Customer is uncertain
as to whether legal advice or information is required, it is agreed that the Customer will obtain such legal advice or information.
PartingWishes Inc. does not offer legal advice, and the Content on the QuebecWillKit.ca Web Site and in The Québec Will Kit
is not guaranteed to be correct. Although considerable effort has been made to ensure that the information
on the Web Site and in the kit is accurate and up to date, be aware that provincial and federal laws and procedures
change and may be open to interpretation. In addition, the successful use of any services in The Québec Will Kit
requires accurate information to be provided by the Customer and/or appropriate actions to be taken by the Customer
as described in the kit. PartingWishes Inc. cannot ensure that this information will be accurate or that these actions
will be taken appropriately. Although the information in The Québec Will Kit can be used to help in the creation
of legally binding documents, we cannot guarantee that the results of using The Québec Will Kit will result
in the creation of legally binding documents and individual circumstances vary. As a result, PartingWishes Inc. does
not make any guarantees about the use to which the kit is put, or the results of that use. If you have any doubts as
to the validity or legal standing of documents created using the Content in the Kit, we recommend that you consult an
attorney licensed to practice law in your area.
Any Documents that you create using The Québec Will Kit are yours and it is your responsibility to ensure
that they reflect your intentions. If you require a legal opinion about the effect of the Documents or their legal
interpretation, you must have your Documents reviewed by an attorney in your area who specializes in Wills and estate planning.
V. Disclaimer of Liability
PartingWishes Inc., its respective officers, directors, shareholders, employees, accountants, attorneys, agents, affiliates,
subsidiaries, successors and assigns (Collectively "PartingWishes") shall not be liable for any direct, incidental,
consequential, indirect, or punitive damages arising out of, or connected with, your (i) use of the QuebecWillKit.ca Web Site,
(ii) use of The Québec Will Kit, and (iii) any other subject matter of this Agreement.
The Customer and his or her estate, including heirs, successors and assigns, hereby agree to indemnify and save harmless
PartingWishes Inc., its officers, directors, employees, principals, agents and shareholders from any and all claims
and demands of any kind whatsoever arising from or in relation to any document completed or attempted to be completed
using The Québec Will Kit (whether such document is properly or improperly signed) including any and all
legal costs, damages or awards.
PartingWishes Inc. makes no representations or warranties. Without limiting the foregoing, except as expressly stated
in this Agreement, PartingWishes Inc. makes no representations or warranties of any kind, either express or implied,
as to any matter including, without limitation, implied warranties of fitness for a particular purpose, merchantability,
non-infringement or otherwise which would extend beyond the representations and warranties contained in this Agreement.
VI. Web Site Content
The materials used and displayed on the QuebecWillKit.ca Web Site, including, but not limited to, text, software,
photographs, graphics, illustrations and artwork, music, video and sound, and names, logos and trademarks, are the
property of PartingWishes Inc. or its affiliates or licensors and are protected by copyright, trademark and other laws.
Any such content may be displayed solely for your personal, non-commercial use. You agree not to modify, reproduce,
retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written
permission of PartingWishes Inc. or the appropriate affiliate.
VII. Disclosure of Information
PartingWishes Inc. and its affiliates agree to be bound by the terms of its
PartingWishes Inc. and its affiliates hereby agree that all of your information and material received via
the QuebecWillKit.ca Web Site or otherwise will be kept in the strictest confidence and will not be disclosed to any
third party without your consent. However, you may authorize PartingWishes Inc. or our affiliates to disclose information
to Third Parties to assist you with current or future matters or areas of interest either by clicking the appropriate
boxes on this site or specifically in correspondence.
VIII. Information Volunteered to PartingWishes Inc.
Should any Customer choose to provide PartingWishes Inc. with any data not associated with any of the services including
but not limited to questions, comments and suggestions ("Non Confidential Data"), such data shall be deemed
to be non-confidential and PartingWishes Inc. assumes no obligation to protect such data from disclosure.
IX. Third Party Links
The QuebecWillKit.ca Web Site may contain links to Web Sites ("Third Party Web Sites") operated by parties
other than PartingWishes Inc. and PartingWishes Inc. may license Content from the QuebecWillKit.ca Web Site for
use by Third Party Web Sites. PartingWishes Inc. makes no representation or endorsement of the Third Party Web Sites,
and you access them at your own risk. Furthermore, the use of links to Web Sites does not imply that PartingWishes Inc.
is legally authorized to use any trade name, registered trademark, logo, or copyrighted symbol that may be represented in the links.
X. Printed Agreement
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and maintained in printed form.
XI. Entire Agreement
By using the QuebecWillKit.ca Web Site, you agree that this Agreement is the complete and exclusive statement
of the Agreement between you and PartingWishes Inc. regarding the QuebecWillKit.ca Web Site and The Québec Will Kit.
This Agreement and any disputes arising out of or related to the Web Site or The Québec Will Kit shall be governed by,
and construed and enforced in accordance with, the laws of the Province of Ontario, Canada.
By using this Web Site you acknowledge that you: (a) have read and understood these terms; (b) understand the
need for independent legal advice on whether or not to accept the terms; and (c) agree to be bound by these terms.
If you do not agree, please leave the Web Site now.
If you have any questions about the above terms and conditions, please send us an email at
[email protected] or
seek your own independent legal advice.
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