Online Tax User Agreement
This Agreement is a legally binding contract between YOU and M7 TAX. This Agreement governs your use of Online Tax Service and all related materials, including but not limited to, any support (whether online or by phone/office), accompanying documentation, help, instruction and all software and services provided, including the downloading of tax returns to be viewed on screen, printed and filed electronically or on paper, and sets the terms and conditions applying thereto. The Online Tax Services are only designed for preparing personal tax returns. Be sure that you carefully read and fully understand this Agreement, as you make a commitment to comply with all the provisions of this Agreement.
THIS AGREEMENT SETS FORTH “M7 Tax” ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE ASSITED SERVICES AND IS A COMPLETE STATEMENT OF THE AGREEMENT BETWEEN YOU AND M7 TAX.
YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN, NEGOTIATED AGREEMENT SIGNED BY YOU. M7 TAX IS WILLING TO PROVIDE THE ONLINE TAX SERVICES TO YOU AND YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. YOU PROVIDE YOUR CONSENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU MAY NOT USE THE ONLINE TAX SERVICES IF YOU DO NOT INDICATED YOUR UNCONDITIONAL ACCEPTANCE OF IT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT PROCEED.
1. Payment for the Online Tax Services
You shall be charged the applicable fee based on the Service Package (the "Service Package") before your return is printed or filed electronically. Your applicable fee may change at any time prior to printing or filing if we uncover additional documentation required to prepare your tax return. You will be asked to pay to upgrade your Service Package at the then-current rates. M7 Tax reserves the right to modify the applicable fees at any time without prior notice, provided that such modification will not affect any Service Package for which you have already paid. Your payment to M7 Tax of all fees and any additional applicable charges and taxes, must be made by your valid credit card and, except as otherwise provided herein, all fees and charges are non-refundable. Your information and files will be stored securely in the M7 Tax cloud.
2. Limitations of the Online Tax Services
The Online Tax Services are available for preparing tax filings for all personal tax scenarios, with the exception of:
Returns for deceased persons
T2: Corporate income tax returns
T3: Trust Income tax returns
Any returns where a spouse does NOT have a SIN, if the primary filer is:
Preparing a coupled return (in such instance, each person requires a SIN)
Splitting pension income with a spouse
The Online Tax Services are only available where M7 Tax is able to successfully verify your identity through the process provided when you initially subscribe to the Online Tax Services. If M7 Tax is unable for any reason to verify your identity, you may be required to file at a physical location where your identification may be verified in person.
3. Supporting Tax Documentation
You will be required to upload or otherwise provide M7 Tax with access to all necessary supporting tax documentation (e.g., T4, T1013, T183, etc.) as indicated through the Services or requested, preparing your return. Some documents may require your signature prior to the service being performed. We may also require you to send us an original signed hardcopy form. If we require you to mail your supporting documentation, you are responsible for maintaining copies your own copies of all such documentation. You agree that M7 Tax is not responsible for any items lost or destroyed during mailing. Additionally, you are encouraged to maintain a copy of your final tax return.
4. Additional Restrictions
This Agreement grants access to and use of the Online Tax Services only in the manner set forth in this Agreement. You may not, directly or indirectly: (1) use the Online Tax Services in any manner other than its intended manner or for the benefit of any third parties, including by making the Online Tax Services available to perform professional or commercial services for third parties where the Online Tax Services enables, facilitates or comprises part of such services; (2) use or try to use the Online Tax Services other than to prepare your and your spouse’s tax returns and to use the documentation and help services necessary to help you perform the task; (3) access the Online Tax Services to prepare tax returns, schedules or worksheets on a professional or commercial basis (i.e. for a preparer's or other fee or payment of any kind); or (4) copy, reproduce, republish, download, transmit or distribute in any way material available on or through the website without the explicit written permission; and you agree to indemnify, defend and hold harmless against any losses, liabilities, claims, costs or expenses, including reasonable legal fees and disbursements and enforcement costs, arising out of or relating to any of the foregoing.
Without limiting the generality of the foregoing or of any other restriction or requirement contained in this Agreement, you agree that you will not, in connection with the Online Tax Services, directly or indirectly do or permit any of the following:
post, upload, reproduce, distribute, or otherwise transmit any materials or other communications that:
is unauthorized or unsolicited commercial communications, junk or bulk communications or other “spam” or is otherwise duplicative or unsolicited;
contains a virus, cancelbot, Trojan horse, worm or other harmful, disruptive or surreptitious component;
is defamatory, infringing, or unlawful;
is inappropriate, profane, obscene, offensive, vulgar or indecent;
gives rise to civil liability, or otherwise violates the rights or assists others to violate the rights of us or any third party, such violations including engaging in copyright infringement, invasion of privacy, trademark infringement or defamation;
constitutes a criminal offence, or otherwise engages in or assists others to engage in any criminal offence, including pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, obscenity and child pornography; or
incites discrimination, hate or violence towards one person or a group because of their belonging to a race, religion, nationality, sexuality, gender or other human rights-protected group of persons;
engage in threats, harassment, intimidation, stalking or abuse or any conduct that violates the legal rights of others, including the rights of minors and rights relating to privacy and publicity;
scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorized computer or network trespass without the express permission of the owners of such computer systems;
forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the App;
impersonate or falsely represent your association with any person, including a representative of us;
disrupt or threaten the integrity, operation or security of any service, computer or any Internet system;
disable or circumvent any access control or related process or procedure established with respect to the Online Tax Services;
harvest, scrape, extract, gather, collect, or store personal information about others without their express consent; or
harvest, scrape, or use any robot, spider, crawler, script or other automated means or interface not provided by us to access the Online Tax Services or to extract data, collect information or otherwise interact with the Online Tax Services.
If you breach any of the above terms, conditions and restrictions, M7 Tax reserves the right, in its sole and unfettered discretion to (a) delete or otherwise remove any offending materials, and/or (b) immediately terminate your use of the Online Tax Services and this Agreement. In the event of such a breach and termination, you hereby acknowledge and agree that any amount paid by you for use of the Online Tax Services hereunder shall be immediately deemed forfeit, and M7 Tax shall not be required to refund any such amount, without limiting any other remedy which may be available to M7 Tax.
5. Availability of Services
M7 Tax is not responsible for the late filing of your tax return due to any discontinuation of, or interruption in, the Services, and you acknowledge that you should file your tax return as early as possible to meet any filing deadlines.
M7 Tax and/or its service providers may collect personal information from you through the registration, preparation and electronic filing processes for the purposes of providing you with, among other things, updates, marketing information, information on future products and/or providing service notices and information about the Online Tax Services.
7. Terms of Service for Services
Additional services and software features (the “Additional Services”, and together with the Online Tax Services, the “Services”) may be offered to you in connection with your use of the Online Tax Services. Additional fees may apply, and the Additional Services may be subject to the additional terms and conditions specific to such Additional Services. By purchasing an Additional Service you are accepting the respective terms and conditions applicable to it, and your use of the Additional Service is conditional on that acceptance. If you do not agree to the terms and conditions, then you may not use the Additional Services. Terms and conditions for each such Additional Service will be presented to you at the time of payment.
8. Limited Warranty
You are responsible for using the Online Tax Services correctly and are liable for any omissions or errors in the information provided by you. You are also responsible for reviewing your return before it is filed to verify its overall completeness and accuracy.
The tax forms provided to you through your use of the Online Tax Services have the prior approval of the Internal Revenue Service (IRS).
9. Limitations on Liability and Damages
UNLESS EXPRESSLY STATED TO THE CONTRARY HEREIN. YOUR EXCLUSIVE REMEDY AND THE ENTIRE CUMULATIVE LIABILITY OF M7 TAX AND ITS SUPPLIERS ARISING FROM OR RELATING TO THIS AGREEMENT (INCLUDING WITHOUT LIMITATION WITH RESPECT TO YOUR USE OF THE ONLINE TAX SERVICES OR ADDITIONAL SERVICES, OR BOTH) SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICE PACKAGE TO THE ONLINE TAX SERVICES AND THE FEES PAID FOR THE ADDITIONAL SERVICES. TO THE MAXIMUM AMOUNT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL M7 TAX AND/OR ITS SUPPLIERS, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, REPRESENTATIVES, AFFILIATES, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, DISTRIBUTORS, DEALER, OR SUBSIDIARIES BE LIABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, ECONOMIC LOSS, LOST DATA, LOST PROFITS OR BUSINESS, TELECOMMUNICATION FAILURES, CORRUPTION OR THEFT OF DATA, LOSS OF USE, LOSS OF PRIVACY, OR FOR ANY CLAIM OR DEMAND AGAINST YOU BY ANY OTHER PARTY, EVEN IF M7 TAX AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU AGREE THAT M7 TAX AND/OR ITS SUPPLIERS WILL NOT AT ANY TIME HAVE ANY ADDITIONAL LIABILITY FOR ANY CLAIM, CAUSE OF ACTION OR INJURY THAT YOU OR ANY OTHER PERSON MAY HAVE AS A RESULT OF: (1) THE USE OF, OR INABILITY TO USE, THE ONLINE TAX SERVICES OR ADDITIONAL SERVICES, OR BOTH; (2) YOUR USE OF ANY DOCUMENTS, LETTERS OR NOTICES GENERATED THROUGH YOUR USE OF THE ONLINE TAX SERVICES; (3) YOUR RETENTION OF, OR YOUR FAILURE TO CONSULT OR RETAIN, A LAWYER WITH RESPECT TO ANY CONTRACT, DOCUMENT, LETTER, NOTICE, LITIGATION, NEGOTIATION OR OTHER LEGAL MATTER; (4) CONNECTION OR TOLL CHARGES FOR USING THE ONLINE TAX SERVICES; OR (5) ANY FEES, COSTS OR EXPENSES ARISING OUT OF SUPPORT FOR THE ONLINE TAX SERVICES.
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, M7 TAX HAS NO RESPONSIBILITY OR LIABILITY FOR DAMAGES OR CLAIMS RELATING TO ANY USE OF THE ONLINE TAX SERVICES ON A PROFESSIONAL BASIS (WHICH IS A PROHIBITED USE UNDER THIS AGREEMENT).
YOU AGREE THAT THE ESSENTIAL PURPOSES OF THIS AGREEMENT CAN BE FULFILLED EVEN WITH THESE LIMITATIONS ON LIABILITIES. YOU ACKNOWLEDGE THAT M7 TAX WOULD NOT BE ABLE TO PROVIDE THE ONLINE TAX SERVICES ON AN ECONOMICAL BASIS WITHOUT THESE LIMITATIONS.
10. Communication through the Services
M7 Tax may use a variety of methods (e.g., email, SMS (text), chat, app, and phone) to communicate with you, in connection with the Services. You may be required to provide various contact information, mobile phone number, email address, etc. based on the means we communicate with you. Standard message rates from your provider may apply.
11. Security and Confidentiality
You are the only person authorized to use your user identification, and you bear full responsibility for preserving their confidentiality and for the risk involved in divulging such information. M7 Tax will not release the user information. The files you submit and receive using the Online Tax Services contain personal and confidential tax data that must be protected, and it is your sole responsibility to protect these files from violation, theft, or corruption.
You acknowledge that the tax information you provide is stored on M7 Tax, or its licensor's, secure servers and/or data bank, and you agree to allow M7 Tax or its licensor to keep secure copies of the tax information that you have provided, for such period as M7 Tax in its sole unfettered discretion determines is reasonable. If you decide not to proceed with the payment of the Services, all information you have entered will be deleted from M7 Tax systems. M7 Tax will not sell this information or use it in any way except insofar as you require or request technical assistance, and insofar as is needed to securely back-up and store it. You understand and agree that you are solely responsible for all computer password, data, file and network security on any computer you use to access the Online Tax Services, including but not limited to, an active firewall on the computer and/or network connection, anti-virus software and anti-spyware software, necessary to secure and protect any proprietary or confidential information that you provide, store, submit, transmit or disclose directly or indirectly with your use of the Online Tax Services. You must sign out of the Online Tax Services. If you require our assistance in using the Online Tax Services, you understand and agree that we may contact you by telephone or email to get your consent to electronically access your tax information to provide you with assistance. M7 Tax will not be liable if the information it provides by email is lost, intercepted, altered or misused by someone else. You agree that M7 Tax is not required to contact you in any other manner whatsoever.
12. Storage of Your Tax Return File
Except to the extent required by applicable law, M7 Tax has no obligation to store or maintain any tax return files. However, in its sole discretion, M7 Tax may retain your tax return file during the term of this Agreement.
Subject to the below, all claims, disputes, controversies, differences or questions that arise between you and M7 Tax concerning the interpretation or application of any of the terms of this Agreement (including, without limitation, the existence of a breach or the validity of the termination of this Agreement) shall be submitted, settled and determined by final and binding arbitration exclusively (to the extent permitted by law) in accordance with the following terms and conditions: the arbitration must commence within limitation periods prescribed by law. M7 Tax has the right to institute legal or equitable proceedings in a court of law for claims or disputes regarding amounts owed by you to M7 Tax in connection with the subscription to the Online Tax Services, and/or your violation or threatened violation of this Agreement and/or any matter involving a third party not privy to this Agreement. For any such proceedings, you consent to the jurisdiction of the federal and provincial courts.
You agree to hold M7 Tax and its suppliers, service providers, licensors, successors, assigns, officers, directors, representatives, affiliates, employees, agents successors, assigns, harmless from and against any claim, suit, loss, liability, penalty or damages (including incidental and consequential damages), costs and expenses (including reasonable legal fees and expenses), arising out of your breach of this Agreement.
Without prejudice to any other of M7 Tax rights, M7 Tax may immediately terminate this Agreement if, in the opinion of M7 Tax, you are attempting to act in breach of this Agreement or you do not abide by the terms and conditions of this Agreement, including without limitation any act by you in contravention of the restrictions, in which case you must cease using the Online Tax Services immediately and certify in writing to M7 Tax of your compliance. No termination shall affect M7 Tax rights under this Agreement, nor require any refund of any payment made by you for the Online Tax Services.
Force Majeure. M7 Tax shall not be liable for any default or delay in the performance of any obligations under this Agreement to the extent its performance is delayed or prevented due to causes beyond its reasonable control, such as acts of God, natural disasters, terrorist acts, war, other hostilities.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION THAT MAY BE ENFORCED BY EITHER PARTY TO THE EXTENT PERMISSIBLE BY LAW.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.