By accessing any portion of the Toogood Website, the user agrees to the terms and conditions set out below.
Notice of Disclaimer and Terms of Use
1. Use of the Site
The Toogood Financial Systems
Website or related website (the "Toogood Website") is a no fee service
offered by Toogood Financial Systems Inc. ("Toogood"). The contents of
the Toogood Website are provided for informational and educational
purposes only. All information is provided on an "as is" basis without
any warranties of any kind. Toogood makes no representations and
disclaims all expressed and implied warranties and conditions of any
kind, including without limitation, representations, warranties or
conditions regarding accuracy, timeliness, completeness,
non-infringement, merchantability or fitness for any particular
purpose. Toogood assumes no responsibility to the user or any third
party for the consequences of any errors or omissions. The subscriber
to the Toogood Website expressly acknowledges that information
contained on the site may be provided by independent associations and
organizations and any such information and its content are not the
responsibility of Toogood. Toogood assumes no liability for such
content or information.
2. Release of Toogood
You also agree to release and
hold harmless Toogood from and against any and all liability, claims,
damages, actions, and costs, arising out of or in connection with your
use, review or reproduction of the Toogood Website.
3. Limitation of Liability
Toogood shall not be liable to
you and/or any third party for any damages of any kind arising out of
or relating to the use of, or reliance upon, the Toogood Website
including, but not limited to, any lost profits, lost opportunities,
special, incidental, indirect, consequential or punitive damages,
regardless of your advice to Toogood to the contrary.
4. Advice
Neither Toogood nor any of its
officers, directors, employees, or agents makes any recommendation
regarding any educational or other matter described within the Toogood
Website.
5. Reproduction of Contents
The contents, but not any logo
or other visual representation, of the Toogood Website or related
website may be used and reproduced solely for non-commercial, personal
or educational purposes provided that it is not modified and that you
do not delete any copyrights and other legal or proprietary notices
contained therein. Such information may not otherwise be used,
reproduced, broadcast, published or re-disseminated without the prior
written permission of Toogood.
6. Links to other Sites
The Toogood Website may link
users to sites not maintained by Toogood. Toogood cannot and does not
warrant the accuracy, completeness, timeliness, non-infringement,
merchantability or fitness for a particular purpose of any information
available through these links and disclaims any opinions expressed on
such sites.
7. Intellectual Property
The materials located on the
Toogood Website are protected by copyright, trademark and other forms
or proprietary rights and are owned or controlled by Toogood or any
other party credited as the provider of the information.
8. System Integrity
You may not use any device,
software or routine to interfere or attempt to interfere with the
proper working of the Toogood Website. You may not take any action,
which imposes an unreasonable or disproportionately large load on
Toogood infrastructure.
9. Governing Law
This agreement shall be construed and enforced in accordance with the laws of the Province of Ontario.
10. Disclosures
The information in the Toogood
Website or related website is offered by Toogood Financial Systems
Inc., 1725 Sixteenth Avenue, Richmond Hill, Ontario, L4B 0B3.
11. Entire Agreement
This agreement constitutes the
entire agreement between you and Toogood and supersedes all other
agreements. No other representations or warranties are made, save for
those contained within this Agreement.
12. Termination of Toogood Website or Related Website
Toogood reserves the right to
terminate or modify, in any manner, the Toogood Website, and/or any
part of any related website any link or linking program at any time for
any reason.
13. Privacy
Toogood is committed to the
proper management of the personal information of its clients and other
parties that it collects in the course of its business.
In providing services to
clients, we have a contractual and professional obligation to maintain
the confidentiality of information that we receive. The practices set
out in this privacy policy (the "Policy") seek to balance the
individual's right to the privacy of his or her personal information
and Toogood's need to collect, use or disclose personal information for
legitimate business purpose.
What Is Personal Information?
Personal information means any
information that can be used to identify you as an individual,
including your name, personal telephone number and address, email
address, information in your resume or about your employment, the
matter about which you retained or contacted Toogood, your account with
us and any other information that you choose to provide to Toogood.
Personal information does not include corporate information or so
called business card information such as your business address or
telephone number in your capacity as an employee of an organization.
Your Consent
By providing us with your
personal information, you consent to the collection, use and disclosure
of that information as described in this Policy. We will not, as a
condition of supplying a product or service, require you to consent to
the collection, use or disclosure of your personal information beyond
that required to enable us to provide the products or services
requested. The form of the consent that we will seek before collecting,
using or disclosing personal information may vary depending upon the
circumstances and the type of information, and includes express oral or
written consent, implied consent and opt-out consent. We will consider
the sensitivity of the information and the individual's reasonable
expectations in determining how consent must be given. You may refuse
to give personal information and may, subject to legal or contractual
restrictions and reasonable notice, withdraw consent at any time to the
continued use and disclosure of personal information previously
collected. The period of reasonable notice will vary depending on the
nature of the information and its purpose to Toogood. Toogood will
inform you of the implications of refusing or withdrawing consent,
which may preclude Toogood from providing services.
Collection of Personal Information
We will not collect personal
information indiscriminately. We will limit the amount and the type of
information we collect to that necessary to fulfill the purposes we
have identified to you, or as otherwise permitted or required by law.
We may also collect information about your business and business
interests or your personal interests to better serve you and foster our
relationship. When possible, we will collect personal information from
you directly. However, to provide services to clients or for legal,
administrative, marketing or management purposes, we may also collect
personal information through outside sources such as credit bureaus,
government agencies or institutions or through other third parties such
as employment and other references, employers and service providers.
Use of Personal Information
We use personal information only
as described in this Policy or as otherwise permitted or required by
law. Before your personal information is used or disclosed for a new
purpose, we will ask for your consent unless use or disclosure without
your consent in the circumstances is otherwise permitted or required by
law. Toogood generally uses personal information about clients for the
provision of service, including obtaining and carrying out client
instructions, reporting and communicating with clients, billing and
accounting, and protecting against fraud, illegal activities or error.
Toogood may also use your personal information to send you newsletters
about our services or about developments that we think would interest
you. To establish or enhance our relationship, we may invite you to
client functions, seminars and sporting or cultural events. We
regularly distribute client memos, practice group bulletins, articles
and other updates and publications to people on our mailing lists, who
can elect to receive materials on one or more subject matters. At any
time, you may change your preferences and mailing option (regular mail
or email), or unsubscribe from our mailing lists.
Disclosure of Personal Information
We disclose personal information
only as described in this Policy or as otherwise permitted or required
by law. To provide services, we may sometimes disclose our clients'
personal information to Toogood's affiliates, foreign agents and
government or regulatory agencies. At times we may also disclose
personal information to service providers, inside or outside Canada,
that assist us with marketing or other services, including technical
support and mailing. We limit the service provider's right to use the
personal information only for the services it provides to us, and we
require the service provider to maintain the confidentiality of the
personal information and to take steps to protect the security of the
personal information we give it. Your personal information may be
accessed or stored in Canada or another jurisdiction, and may be
subject to the laws of that jurisdiction.
Retention of Personal Information
Toogood will retain information,
including personal information, for as long as it is needed for the
purposes for which it was collected. For example, if you send us
personal information electronically to apply for employment with
Toogood, we will retain your personal information for a reasonable
period to permit future consideration for employment. Toogood may also
be subject to legislative requirements regarding the retention of
certain types of information.
Links to Other Websites
Our Web Site may contain links
to other websites. While we try to link only to websites that share our
standards and respect for privacy, we are not responsible for the
content or privacy practices of other websites. We strongly encourage
all Site visitors to review the privacy statements and policies of all
external websites.
Last Updated: December 10, 2008