IMPORTANT — READ CAREFULLY: Welcome to the Softron (Softron Tax or the “Portal”). By clicking the “Yes” button, the user (“You”) agree(s) to be bound by the terms and conditions contained in this agreement (the “Agreement’) and the terms and conditions of Softron. If you do not agree to be bound by these terms and conditions or privacy notice policies, you may not use the Softron’s Portal.
PURPOSE
Softron owns and provides the Portal to permit simple and secure electronic transfer of documents between You and Softron, and to allow for access to certain documents created or maintained by the Softron. Softron shall only use the information provided by You for lawful purposes.
REGISTRATION
a. To use the Portal, You will have to create an account. As a condition to using such components of the Portal, You will be asked to register with Softron and select a password and user ID. You shall provide Softron with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this agreement, which may result in immediate termination of Your account.
b. You may not (i) select or use as a user ID a name of another person with the intent to impersonate that person; or (ii) use as a user ID a name subject to any rights of a person other than You without appropriate authorization.
Passwords
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Softron Portal. Accordingly, you agree that you are solely responsible to Softron for all activities that occur under your account. If you become aware of any unauthorized use of your password on the Softron Portal or your account, you agree to notify Softron immediately at support@softrontax.com
User Restrictions
You agree that:
• You will not tamper with or otherwise interfere or attempt to interfere in any manner with the functionality or proper working of the Portal.
• You will not make illegal use of the Portal or use it for purposes which are illegal.
• You will not interfere with anyone else who is a user of the Portal in their use of the Portal.
• You will not remove, obscure, or alter any notice of any logo, trademark, or other intellectual property or proprietary right designation appearing on or contained within the portal.
Service Suspensions
Your access to and use of the services may be suspended for the duration of any anticipated, unanticipated, scheduled or unscheduled downtime, maintenance, system updates, malfunction, or other unavailability of any portion or all of the services for any reason, including as a result of power outages, system failures or other interruptions. We shall also be entitled, without any liability to you, to suspend access to any portion or all of the Portal at any time on a system-wide basis:
(a) for scheduled downtime to permit us to conduct maintenance or make modifications to any Portal;
(b) in the event of a denial of service attack or other attack on the Portal or other event that we determine, in our sole discretion, may create a risk to the applicable Portal, to you or to any of our other customers if the Portal service were not suspended; or
(c) in the event that we determine that any Portal service is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons.
Rights to Use of Softron Portal
Softron grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Softron Portal as part of the services being provided to you by Softron. This license is for the sole purpose of enabling you to use and enjoy the benefit, Portal and services, in the manner permitted by these terms and conditions. You may not, and you may not permit anyone else to, copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Softron Portal or any part thereof. Except as expressly provided herein, unless Softron has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Softron Portal, grant a security interest in or over your rights to use the Softron Portal, or otherwise transfer any part of your rights to use the Softron Portal. Notwithstanding the foregoing, you are granted limited administrative rights to provide access to the Softron Portal in your reasonable discretion to those parties who would reasonably need to access information located on the Softron Portal, or who could upload information and documents (such as tax documents and other financial papers) onto the Softron Portal for you to access, that would assist you in utilizing the services provided by Softron Portal in the ordinary course.
Warranty Disclaimers and Limitation of Liability
Except as specifically set forth in this Agreement, Softron makes no other representations or warranties, express or implied, including without limitation any warranty of merchantability or fitness for a particular purpose, with respect to the Portal. You agree that use of the Portal is at your sole risk. The Portal is provided on an “as is” and “as available” basis.
Neither Softron nor its partners, affiliates, or designees nor each of their respective officers, directors, employees, agents, contractors, subcontractors or the like (collectively, “Associates”) warrant that use of the Portal site will be uninterrupted or error-free.
Under no circumstances shall Softron or it Associates be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages that result from , arise out of or otherwise relate to your use of or inability to use the Softron Portal site, or any website linked to the Softron Portal site, including but not limited to reliance by you on any information obtained from the Softron ‘s Portal site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance, or any loss of profit, loss of goodwill or data, or cost of procurement of substitute goods or services or other intangible loss suffered.
The Softron Portal utilizes industry accepted security systems in an attempt to eliminate unauthorized access to private confidential information. By using the Softron’s Portal, you expressly agree to not hold Softron or its associates liable in the event of unauthorized access and subsequent use of your company and/or personal information. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Softron has been advised of or should have knowledge of the possibility of such damages.
You agree to defend, indemnify and hold harmless Softron and any of its Associates, from and against any and all claims, damages, obligations, losses, liabilities, cost or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Softron Portal; (ii) your violation of any term of this Agreement; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive this Agreement and your use of the Softron ‘s Portal.
Notices
All notices by us to you shall be by email to the email address listed as the Portal Administrator. All notices by you to us shall be by email to support@softrontax.com.
Entire Agreement
This Agreement constitutes the entire agreement between you and Softron regarding the subject matter hereof and supersedes any and all prior or contemporaneous representation, understanding, agreement, or communication between you and us, whether written or oral, regarding such subject matter.
Severability
If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement, and the rest of the Agreement shall remain in full force and effect.
Waivers
The failure by us to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. All waivers by us must be in writing to be effective.
Successors and Assigns
This Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Softron without restriction.
Governing Law
This Agreement shall be construed and enforced according to the laws of the Ontario applicable to agreements made and to be performed wholly within the Province of Ontario. You agree to submit to the exclusive jurisdiction of the courts located within the Province of Ontario, City of Mississauga, to resolve any legal matter arising from these terms and conditions. Notwithstanding this, you agree that Softron shall still be entitled to apply for any necessary injunctive remedies in any jurisdiction.