Terms & Conditions

1. Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with our website, submit any material or information to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 18 years of age provided you live in any of Alberta, Manitoba, Ontario, Prince Edward Island, Quebec, or Saskatchewan or at least the age of 19 if you live elsewhere in Canada to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least the age of majority in your province or territory.

1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

1.6 You agree to receive newsletters and other email communication noting you may opt out of newsletters at any time.

2. Credit

2.1 This document was created using a template from SEQ Legal (https://www.contractology.com) .

3. Copyright notice

3.1 Copyright (c) June 6th 2012. Executor Depot Inc.

3.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

4. Licence to use website

4.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website;

(d) stream audio and video files from our website; and

(e) use our website services by means of a web browser, subject to the other provisions of these terms and conditions.

4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

4.3 You may only use our website for your own personal and personal business purposes, and you must not use our website for any other purposes.

4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

4.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website) ;

(b) sell, rent or sub-license material from our website;

(c) show any material from our website in public;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

4.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

5. Acceptable use

5.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e) access or otherwise interact with our website using any robot, spider or other automated means[, except for the purpose of search engine indexing;

(f) violate the directives set out in the robots.txt file for our website; or

(g) use data collected from our website for any direct marketing activity including without limitation email marketing, SMS marketing, telemarketing and direct mailing.

5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

6. Registration and accounts

6.1 To be eligible for an account on our website you must be resident or situated in Canada (at this time) .

6.2 You may register for an account with our website by completing and submitting the account registration form on our website and agreeing to these terms and conditions.

6.3 You must not allow any other person to use your account to access the website.

6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.5 You must not use any other person's account to access the website, unless you have that person's express and verifiable permission to do so.

7. User login details

7.1 If you register for an account with our website, you will be asked to choose a user ID and password.

7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3 You must keep your password confidential.

7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8. Cancellation and suspension of account

8.1 We may:

(a) suspend your account;

(b) cancel your account; and/or

(c) edit your account details where appropriate, at any time in our sole discretion without notice or explanation.

8.2 You may cancel your account on our website using your account control panel on the website.

9. Your content: licence

9.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

9.2 You may edit your content to the extent permitted using the editing functionality made available on our website.

9.3 You may provide access to your personal information to a certified executor advisor (CEA) should you wish to request assistance or guidance, subject to the technical capability available at that time.

9.4 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

10. Your content: rules

10.1 You warrant and represent that your content will comply with these terms and conditions.

10.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law) .

10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libelous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) be untrue, false, inaccurate or misleading;

(m) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(n) constitute spam;

(o) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(p) cause annoyance, inconvenience or needless anxiety to any person.

11. Limited warranties

11.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

(c) that the website or any service on the website will remain available.

11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

12. Third Parties

12.1 This website includes services provided by third parties:

(a) included within this website;

(b) provided through hyperlinks to other websites embedded within this website;

(c) engaged directly through contact originating from within this website.

12.2 All third parties as described in 12.1 are solely responsible for the information and services they provide, without limitation to accuracy, compatibility, suitability, legality of provision, regulatory or other quality measures.

12.3 All third parties are responsible for their own licensing, errors and omissions and professional liability insurance.

12.4 Executor Depot Inc. bears no responsibility for errors, omissions, incompatibility, unsuitability, inadequacies, viral infection or other destructive/disruptive components on or from such other sites or failures of any kind provided by third parties as described in 12.1 above.

13. Life insurance and related financial products

13.1 This website includes numerous wizards, calculators and other tools ('resources') which consist of content and recommendations intended to provide you with decision support related to insurance. The results of our resources are based on preliminary data provided by you. The results are provided for your personal information and education only. Your insurance and /or other financial needs may differ from what is described in the results, depending on details we did not capture in our resources (including but not limited to, the terms of your employer-provided insurance coverage, the terms of your existing life insurance policies, your exceptional dependent needs, and your health history) . These resources should not be interpreted as a recommendation to buy or forego any insurance product without doing further research on your own or with a financial professional. Although we use reasonable efforts to ensure the results are accurate, no representation or warranty, expressed or implied, is given with respect to their accuracy or with respect to the accuracy of any other content

13.2 The information, articles and descriptions contained on our website are not intended to be complete and accurate descriptions of all terms, conditions and exclusions of the product and services- in all cases, you must look to the specific terms and conditions or agreement applicable to the specific product or service provided to your applicable third-party insurance carrier.

13.3 The information, articles and descriptions contained on our blog or other areas of the website are not intended to provide legal, accounting, or tax advice, and should not be relied upon in that regard. Please consult with a professional expert with respect to your particular circumstances.

13.4 Any and all insurance products quoted or sold through the website are third-party products and are not our products. We make no presentations or warranties with respect to such products, and we accept no liability in connection with such products. All such products are provided to you pursuant to the terms and conditions of the insurance carriers providing such products, and all questions, concerns or disputes with any such products should be raised with the insurance carrier providing such products and not with us.

13.5 Your use of certain services may require you to agree to additional terms and conditions, or enter into separate agreements with us or applicable third-party insurance carriers. Any third-party insurance products purchased by you through the website are subject to the terms and conditions of the applicable insurance carrier. In the event of a conflict between these Terms of Use and the terms of any such other terms, the terms of such other terms of use will prevail.

13.6 Life insurance and related life insurance industry products are provided through Strategic Edge Chartered Financial Consulting Inc. ('Strategic Edge')

13.7 Strategic Edge is a licensed insurance agency in British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, New Brunswick, Nova Scotia, Prince Edward Island, Newfoundland & Labrador, and the Yukon, Northwest and Nunavut Territories.

13.8 Strategic Edge's services may also include preparation of quotes and brokering and transacting of sales to you of third-party insurance products. They are a licensed independent insurance broker. They do not underwrite any insurance policy made available to you through the website. Any insurance policy premium quotes or ranges displayed on the website or through the website are non-binding. The final insurance policy premium for any policy is determined by the underwriting insurance company following application. Insurance products and their availability may vary by your individual circumstances. The third-party insurance products offered for sale through the website are only available in the jurisdictions in which they are properly licensed at that time and where sale of such product is permitted by law.

13.9 For additional information, product or service questions, and other inquiries or to register a complaint, please email info@executordepot.com or call 1-866-682-4829

14. Advisory Services

14.1 The objective of this site is to provide advisory services only through Certified Executor Advisors ('CEA's) , subject to the availability of appropriate and relevant professionals duly certified in the geographic region and where relevant, licensed in the appropriate jurisdiction.

14.2 CEAs are certified by the Canadian Institute of Certified Executor Advisors

14.3 CEAs are generalists certified to aid in estate preparation and settlement with expertise in one or more core professions. You should ensure your needs fall either in a general category or within the specific area of the CEA's professional specialization. If your needs require alternate expertise you should contact a relevant CEA with the alternate specialization or a relevant professional in your area even if they are not CEAs.

14.4 Executor Depot Inc. bears no responsibility for errors, omissions, incompatibility, unsuitability, inadequacies, or failures of any kind provided by CEAs.

14.5 For additional information, service questions, other inquiries, or to register a complaint, please email info@cicea.ca or call 1-866-686-9090

15. Limitations and exclusions of liability

15.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

15.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a) are subject to Section 12.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

15.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

15.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

15.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

15.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

15.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

15.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees) .

16. Breaches of these terms and conditions

16.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(c) permanently prohibit you from accessing our website;

(d) commence legal action against you, whether for breach of contract or otherwise; and/or

(e) suspend or delete your account on our website.

16.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation, creating and/or using a different account) .

17. Variation

17.1 We may revise these terms and conditions from time to time.

17.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

17.3 If you have given your express agreement to these terms and conditions, we may ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

18. Assignment

18.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

18.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

19. Severability

19.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

19.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

20. Third party rights

20.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

20.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

21. Entire agreement

21.1 Subject to Section 12.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

22. Law and jurisdiction

22.1 These terms and conditions shall be governed by and construed in accordance with the laws of Ontario, Canada.

22.2 Any disputes relating to these terms and conditions shall be subject to the jurisdiction of the courts of Ontario, Canada.

23. Our details

23.1 This website is owned and operated by Executor Depot Inc.

23.2 We are registered in Ontario under registration number 2338432 and our registered office is at 44 Howe Island Drive, Howe Island, ON, K7G 2V6

23.3 Our principal place of business is at www.ExecutorDepot.com

23.4 You can contact us:

(a) by post, to the postal address given above;

(b) using our website contact form;

(c) by telephone at 613-531-4829; or

(d) by email at info@ExecutorDepot.com

24. Understanding and verification

24.1 By indicating your acceptance, you are acknowledging you are sufficiently literate in the English language to comprehend the terms of this agreement.

24.2 By indicating your acceptance, you are acknowledging you have read the terms of this agreement in its entirety.

24.3 By indicating your acceptance, you are acknowledging your acceptance of these terms and conditions without exception.

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May 31st, 2020