registered for the use of PensionbarTM
(the �App�), a proprietary
web-based application of Pensionbar Inc. (together with its affiliates and
subsidiaries, �Pensionbar�, �we� or �us�). Your use of the App is governed by and conditional on
and conditions, policies and notices which are provided to you or set out in the
App from time to time, the �Terms�).
By using the App, you
represent and warrant that you are a Canadian resident for the purposes of the Income Tax Act (Canada)meet all other requirements
listed in these Terms, and that you will not use the App in violation of these
Terms. We may refuse access to the App, close accounts and change eligibility
requirements at any time.
Please read these
Terms carefully to understand your rights and obligations. By accessing or
using the App, you indicate that you understand, accept and agree to be bound
by these Terms.
Trademarks and Copyright.
is a registered trademark of Pensionbar Inc. and may only be used in accordance
with these Terms.
expressly set out, all content in the App is protected by copyrights which are
owned and controlled by us or by other parties that have licensed their
materials to us. Using our App does not give you any ownership of our
intellectual property rights in the App, and you may not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer or sell content obtained from the App without our
By uploading any
information or data (�Content�) you warrant that the owner of all
applicable rights in and to such Content has expressly granted their permission
to have their Content used as required in order to provide the App, and that
the owner of the Content has provided a written consent and acknowledgment
Access Control; Security.
security of your personal information is very important to us. We use physical,
electronic, and administrative measures designed to secure your personal
information from accidental loss and from unauthorized access, use, alteration,
and disclosure. The App may also contain technological measures designed to
prevent unauthorized or illegal use of the App.
safety and security of your information also depends on you. You agree to keep
your password confidential and to send us notice immediately if your password
has been compromised, or you reasonably believe it may have been compromised.
You acknowledge that we have the right, but not the obligation, to monitor all
activity relating to the App and may restrict or suspend your access as
necessary to ensure property functioning of the App and/or enforce your
compliance with these Terms.
the transmission of information via the Internet is not completely secure.
Although we do our best to protect your personal information, we cannot
guarantee the security of your personal information transmitted to our App. Any
transmission of personal information is at your own risk. We are not
responsible for circumvention of any privacy settings or security measures
contained in the App.
Restrictions on Use.
You agree to not:
copy the App, in whole or
modify, correct, adapt,
translate, enhance or otherwise prepare derivative works or improvements of any
part of the App;
rent, lease, lend, sell,
sublicense, assign, distribute, publish, transfer or otherwise make available the
App, or parts thereof, to any other person, including on or in connection with
the internet or any time-sharing, service bureau, software as a service, cloud
or other technology or service;
disassemble, decompile, decode or adapt the App or otherwise attempt to derive
or gain access to the source code of the App, in whole or in part;
bypass or breach any
security device or protection used for or contained in the App;
remove, delete, efface,
alter, obscure, translate, combine, supplement or otherwise change any trademarks,
warranties, disclaimers, or intellectual property rights, proprietary rights or
other symbols, notices, marks or serial numbers on or relating to any copy of the
use the App in any manner
or for any purpose that infringes, misappropriates or otherwise violates any
intellectual property right, privacy right or other right of any person, or
that violates any applicable law;
use the App for purposes
of: (i) benchmarking or competitive analysis of the App; or (ii) developing,
using or providing a competing software product or service; or
use the App or any
deliverables in any manner or for any purpose or application not expressly
permitted by these Terms.
Rights and Ownership.
You understand and agree
that the App and all content, features, and functionality, including, but not limited
to, all information, software, code, text, displays, graphics, photographs,
video, audio, design, presentation, selection, and arrangement, are owned by us
or our licensors or service providers and are protected by intellectual
property laws including without limitation, copyright, trademark, patent, trade
secret, and any other proprietary rights.
all related names, logos, product and service names, designs, images, and
slogans are trademarks of Pensionbar Inc or our affiliates or licensors. You
must not use such marks without our prior written permission. Other names,
logos, product and service names, designs, images, and slogans mentioned, or
which appear in the App or on our website are the trademarks of their
respective owners. Use of any such property, except as expressly authorized,
shall constitute an infringement or violation of the rights of the property
owner and may be a violation of federal or other laws and could subject the
infringer to legal action.
Termination of Access.
may at any time and in our sole discretion, discontinue providing or limit
access to the App or any parts of the App. You agree that we may, at any time
and in our sole discretion, suspend, terminate or otherwise limit your access
to or use of the App. Without limiting the foregoing, we may suspend, terminate
or limit your access to the App if we determine you have violated these Terms.
Limitation of Liability;
TO THE MAXIMUM EXTENT
PERMITTED BY LAW, IN NO EVENT WILL PENSIONBAR BE LIABLE FOR ANY INDIRECT,
SPECIAL INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING,
WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED SAVINGS, LOSS OF DATA, LOSS
OF PROFITS, PEROSONAL INJURY, PAIN AND SUFFERING OR EMOTIONAL DISTRESS, REGARDLESS
OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE,
EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES
AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. PENSIONBAR�S LIABILITY IN
RESPECT OF THESE TERMS WILL BE LIMITED TO C$50.
THE APP IS PROVIDED �AS IS�
AND PENSIONBAR SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND
CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, OF THE APP OR
OUTPUT THEREFROM. PENSIONBAR SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR
TRADE PRACTICE. PENSIONBAR MAKES NO WARRANTY OF ANY KIND THAT THE APP, OUTPUT OR
ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON�S
OR ENTITY�S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED
RESULT, BE COMPATIBLE OR WORK WITH ANY OF YOUR OR ANY THIRD PARTY�S SOFTWARE,
SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL
CODE, OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
For clarity, the calculations
provided by the App: (i) are approximations only, generated on the basis of
existing regulations and relying on the limited number of inputs provided by
you; and (ii) are not intended to amount to advice on which you should rely.
You should obtain professional advice before taking, or refraining from, any
action or inaction on the basis of the content of our App.
To the maximum extent
permitted by applicable law, you agree to defend, indemnify, and hold harmless Pensionbar
and our subsidiaries, affiliates, and our and their respective directors,
officers, employees, agents, service providers, contractors, licensors,
suppliers, successors, and assigns from and against any claims, liabilities,
damages, judgments, awards, losses, costs, expenses, or fees (including
reasonable attorneys� fees) arising out of or relating to your breach of these
Terms or your use of the App, including, but not limited to, your Content.
Collection and Use of Information.
collect personal information you are required to provide when registering for
use of our App, including your name and address. We collect and/or process your
information in accordance with our Privacy
Policy, and by submitting your personal information and using the App, you
consent to such collection and use (including reproduction, hosting,
the App is accessible globally,
its use is intended for persons who are resident in Canada for tax purposes,
and our operations are located in Ontario, Canada. Accordingly, these Terms are
based on Canadian law. Access to and use of the App will be governed by and
construed in accordance with the laws of the Province of Ontario and the laws
of Canada applicable therein without regard to conflict of law principles. You hereby
irrevocably attorn to the exclusive jurisdiction of the courts of the Province
of Ontario for any legal proceedings arising out of or in connection with these
If you have any
questions regarding these Terms or the collection and use of your personal
information, please contact us at:
reserve the right to modify these Terms at any time and in our sole discretion,
provided that we will notify you of any material changes to these Terms. Any and all such modifications are effective immediately
and apply to all access to and continued use of our Services, and your
continued use of the App shall be your acceptance of the modifications to these