Terms and Conditions

This website is owned and operated by Battjes Ventures Inc. The Retire Simple Platform is a Web-based platform which enables connections between Service Providers and Customers. “Customers” are individuals and/or businesses seeking to products and services from Service Providers and are therefore Customers of Service Providers, and “Service Providers” are businesses seeking to perform Services requested by Customers. Customers and Service Providers together are hereinafter referred to as “You, Users.” As used in this Agreement, “www.retiresimple.com”, “we,” “us,” and “our” shall mean Retire Simple and its subsidiaries and affiliates. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Retire Simple for its services or otherwise.

By using any of the products and Services and the Website, You expressly agree to be bound by these terms and all applicable laws and regulations governing the Website and the Services. The terms form a legally binding agreement between you and Retire Simple in relation to your use of the Website and/or the products and Services and applies to all users of the Services, whether registered or not, on the Website.

We may, at our sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Although Retire Simple may attempt to notify you, when major changes are made to these Terms of Service, you should periodically click on our Terms of Service to review any updates. All changes shall be effective immediately when we post them and shall apply to all access to and use of our Website thereafter. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits hereunder.

Retire Simple may review and delete any User Content that, in its sole judgment, violates these Terms of Use, applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of Users of Retire Simple. The Retire Simple reserves the right to expel Users and prevent their further access to Retire Simple for violating the Terms of Use or applicable law, rule or regulation and the right to remove User Content which is in violation of the Terms of Use, abusive, illegal, or disruptive.

Applicable Laws shall mean and include all applicable statutes, enactments, acts of legislature or parliament, provincial laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of Canada.

Website shall mean the  “www.retiresimple.com”, as updated by Retire Simple from time to time.

Representative is an entity and its Affiliate(s), any director, officer, employee, consultant, contractor, agent, and attorney associated with the Retire Simple.

Content means report text, web chat, graphics, articles, emoji’s, images, music, software, audio, video, information or other materials.

Retire Simple Content means all Content that Retire Simple make available through the Website, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Service Provider Content.

Collective Content means User Content and Retire Simple’s Content.

Scope of Service

Retire Simple platform allows users who need help completing a variety of Service Requests and product purchases including but not limited to retirement homes, nusing homes, convalescent care, palliative care, active lifestyle communities and other general retirement Services. Retire Simple is a passive platform will not, under any circumstances, create an employment or other service relationship between Retire Simple and the Service Provider, nor will it create an employment relationship between the Customer and the Service Provider. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Retire Simple. By using the Website, Users understand and accept that all individuals associated with the website such as authors, writers and editors use pseudonym names and generic profile images for privacy reasons.

We do not control Service Providers work product or behaviour on the job site. Service Providers are not permitted to represent themselves as our employees or that they have the ability to bind us to certain actions. If any Service Provider does so, please inform us promptly. Service Providers are solely responsible for determining the means and manner of performing the Service Provider Services to Customers, and you understand that we do not have any control over or any oversight of how Service Providers deliver the Service Provider Services. We are not responsible for delivering on or completing any Service Requests and we are not responsible for and will not be liable in any way for any acts or omissions of Service Providers and/or their employees or personnel. We do not endorse, validate or verify the qualifications, skills or licenses of any Service Providers nor will we be responsible for the performance, actions or inactions of any Service Providers. You should therefore ensure that you carry out your own searches and ask questions of Service Providers and/or their employees, and other personnel, to satisfy yourself of their credentials and ability to perform the services you need performed, prior to engaging any Service Provider for Service Provider Services.

Representations and Warranties of Users

When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you do not know. Retire Simple will not be liable for any false or misleading statements made by Users of the Retire Simple Platform.

Retire Simple may review and delete in its sole judgment any Content that that violates these Terms of Service, applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of Users of Retire Simple or is up to the sole discretion of Retire Simple’s editors. The Retire Simple reserves the right to prevent their further access to it for violating the Terms of Service or applicable law, rule or regulation and has right to remove User Content which is in violation of the Terms of Service or is abusive, illegal, or disruptive. 

The Service Provider represents and warrants that the Service Provider has not been convicted by any court in Canada for any cognizable offence or an offence punishable with imprisonment for more than 3 years, under the laws of Canada.

NEITHER RETIRE SIMPLE, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES”) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE RETIRE SIMPLE PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE RETIRE SIMPLE AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE RETIRE SIMPLE PLATFORM.

The Service Provider, shall not either directly or indirectly:

1. engage in any conduct that damages the reputation or causes inconvenience in any manner, to Retire Simple; or
2. be the reason for Retire Simple to be a part of any negative publicity.

 

Service Provider’s Services & Fees

 

1. The Service Provider shall pay the Retire Simple a flat monthly fee as quoted by it, plus GST and any other applicable taxes, in exchange for the services as detailed in the invoice (the “Fees”):
2. Service Provider agrees that a pre-authorized credit transaction shall effect payment of the Fees. Service Provider authorizes the Retire Simple to charge the Service Provider’s credit card described therein (the “Credit Card”).
3. Retire Simple shall charge the Credit Card for the Fees on a monthly recurring basis starting on the execution date, unless otherwise stated by Retire Simple, until the Service Provider or Retire Simple cancels the subscription. No refunds shall be granted once the Service Provider has been charged for the services of that month.
4. Invoices for Fees shall be issued contemporaneously with the pre-authorized charges to the Credit Card. All invoices are due and payable forthwith upon receipt.
5. e) The Service Provider agree as follows with respect to the Services:
6. Retire Simple makes no representations or warranties with respect to the volume of circulation for the Services;
7. Retire Simple makes no representations or warranties that Services will directly result in work for the Service Provider.
8. Retire Simple may, at its sole discretion without warning, modify the offerings of their subscription packages.
9. Retire Simple may, at its sole discretion , modify the Fees of their subscription packages. However any [rice cahnges or changes to your subscription will apply no earlier than 30 days following notice to you.

• Retire Simple’s obligation pertaining to the Advertisements are fully satisfied under the provisions this Section, and without limiting the generality of the foregoing, the Retire Simple shall not be responsible for the Service Provider’s failure to secure work or generate a profit from any Advertisements.

1. Retire Simple may take a reasonable time to deliver on the service once the Service Provider makes the payment.
2. f) Service Provider agrees to display the special badge (the “Special Badge”) provided by the Retire Simple on their website, with a direct link to the Article.

Indemnification

The Service Provider agrees and undertake to indemnify and to hold harmless Retire Simple and other parties determined by Retire Simple, Retire Simple affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives from and against any losses, damages, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorneys’ fees) incurred by reason of (i) any breach or alleged breach by the Service Provider of the Service Provider’s obligations, responsibilities, representations, or warranties under the T&C; (ii) any infringement or unauthorized use of intellectual property rights of Retire Simple including but not limited to infringement of intellectual property rights of Retire Simple in the Website (iii) any breach of the confidentiality obligations of the Service Provider under this Agreement; (iv) any violation of Retire Simple policies by the Service Provider; (v) any harm to the reputation and goodwill of Retire Simple directly attributable to the Service Provider; and (vi) damage, unauthorized use or loss of the Website.

Relationship between Service Provider and Retire Simple

During the Term of this Agreement, the Service Provider shall operate as and have the status of an independent contractor and shall not act as, be or construed to be an agent or employee of Retire Simple. The relationship between the Parties is on a principal-to-principal basis, and none of the provisions of this Agreement shall be interpreted as creating the relationship of employer and employee between the Service Provider and Retire Simple at any time, under any circumstances or for any purpose. Therefore, the Service Provider will not be entitled to any employee benefits, statutory or otherwise, offered by Retire Simple. The Service Provider shall be responsible for the payment of all applicable taxes to which he may be subject as an independent contractor.

USERS HEREBY ACKNOWLEDGE THAT RETIRE SIMPLE DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR A SERVICE PROVIDER’S WORK AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE SERVICE REQUESTS IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.

Any reference on the Retire Simple Platform to a Service Provider being credentialed in some manner, or “badged,” “reliable,” “elite,,” (or similar language) designations indicates only that the Service Provider does provide the services as they are listed and described on the platform and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Retire Simple of such Service Provider’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for Customers to evaluate when they make their own decisions about the identity and suitability of Service Providers whom they contact or interact with via the Retire Simple Platform.

Electronic Communications

When you send an e-mail or chat electronically with Retire Simple, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, phone calls or sms text messages. You agree that all agreements, notices, disclosures and other communications that Retire Simple provides to you electronically satisfy legal requirements that such communications be in writing.

Use Of The Services

Except as otherwise agreed upon, we hereby grant you a limited, nonexclusive, non-sub-licensable license to access, and use the Website. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Content, except as expressly permitted by Retire Simple or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

Retire Simple will not be liable on account of any inaccuracy of information on its Website. It is the responsibility of the visitor to further research the information on the Website. The user undertakes not to duplicate, download publish, modify and distribute material on Retire Simple unless specifically authorized by Retire Simple in this regard.

In no event shall we, our affiliates or our partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to your conductor of anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service.

Third Party Website/website Links, Content And Services

The Website and Content available through the Website may contain links to other third-party Websites/website (“Third Party Websites“) such as third-party payment processors. If you link to Third Party Websites, you may be subjected to those Third-Party Websites’ terms and conditions and other policies. Retire Simple makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third-Party Website, and your linking to any other Website is completely at your own risk and Retire Simple disclaims all liability thereto.

Any and all contents and services (including advertising) within Retire Simple that are not owned by Retire Simple are “third party content and services.” Retire Simple acts merely as an intermediary service provider of, and accepts no responsibility or liability for third party content and services. In addition, and without limiting the generality of the foregoing, Retire Simple may include links to Websites operated by third parties, including advertisers and other content providers. Those Websites may collect data or solicit personal information from you. Retire Simple does not control such Websites, and is not responsible for their content, policies, or collection, use or disclosure of any information, those Websites may collect.  

Ownership and Intellectual Property

This Website and all content forming part of the Website, including without limitation, all photographs, ideas, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trade mark and other intellectual property laws of the Canada. 

You acknowledge and agree that Retire Simple owns, controls or is licensed all legal right, title and interest in and related to the Website, including all intellectual property rights. You may not:

• modify or copy the idea of trade, layout or appearance of the Website or any computer software or code contained in the Website; and/or
• decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.

If you believe that anything on or available through the Services infringes upon any copyright which you own or control, you may contact us at contact@retiresimple.ca

Retire Simple does not claim any ownership rights in any of Service Provider’s Content listed on Retire Simple Website and nothing in these terms will be deemed to restrict any rights that Service Provider may have to use and exploit their Content. The Service Provider agrees to give Retire Simple a temporary license to manage, edit, and reproduce Service Provider content posted on Retire Simple Website.

Digital Millennium Copyright Act (DMCA) Notice and Policy

 

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify (“Notification”) our Designated Copyright Agent using the contact information provided below. You agree to contact us first and provide such notification before approaching any third-party. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our designated copyright agent at:

Battjes Ventures Inc.

Attn: Copyright Agent

E-mail: contact@retiresimple.ca

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

Counter Notification

If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification (“Counter Notification”) to [us/our Designated Copyright Agent] using the contact information provided below. To be an effective Counter Notification under the DMCA, it  must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States of America, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.

Confidentiality

The term “Confidential Information” shall mean any and all of Retire Simple’s trade secrets, confidential and proprietary information, and all other information and data of Retire Simple that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other Proprietary Materials and confidential information relating to Retire Simple or Retire Simple’s business, operations or properties, including information about Retire Simple’s staff, Users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.

The Service Provider acknowledges that pursuant to this Agreement, the Service Provider will have access to confidential information of Retire Simple and its affiliates. The Service Provider undertakes to keep confidential all data and other confidential information of Retire Simple and shall not sell or otherwise make that information available to any third party. Confidential information shall mean and include all information, whether verbal or written, disclosed to the Service Provider by Retire Simple. Further, the Confidential Information at no times can be disclosed to any party in the same or similar business as that of Retire Simple (“Competitor”). In the event, Retire Simple becomes aware that the Confidential Information has been disclosed to a Competitor or has been used for the benefit/interest of the Competitor, Retire Simple can claim such direct and indirect damages as it may suffer due to such losses

Reliance on Information Posted

The information presented on or through the Website is made available solely for general purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk and responsibility. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Limitation of Liability

RETIRE SIMPLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY  DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING LOSS OR DAMAGE TO CONTENT), IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RETIRE SIMPLE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT RETIRE SIMPLE SHALL NOT BE LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS. THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU, IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE CONTROLLED AND OFFERED BY RETIRE SIMPLE FROM ITS FACILITIES IN CANADA. RETIRE SIMPLE MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH RETIRE SIMPLE IS TO STOP USING THE RETIRE SIMPLE PLATFORM, AND TO CANCEL ANY AND ALL OF YOUR RETIRE SIMPLE ACCOUNTS, IF APPLICABLE.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE RETIRE SIMPLE NOR ANY PERSON ASSOCIATED WITH THE RETIRE SIMPLE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS SUFFERED IN RELATION TO YOUR USE OR INABILITY TO USE THE WEBSITE WITHOUT LIMITING THE FOREGOING, NEITHER THE RETIRE SIMPLE NOR ANYONE ASSOCIATED WITH THE RETIRE SIMPLE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE RETIRE SIMPLE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Entire Agreement/ Severability

These Terms and Conditions incorporate our Privacy Policy which together constitutes the entire agreement between You and Retire Simple, in relation to Your use of the Website and/or the Services and supersedes any prior representations, inducements or agreements relating to its subject matter. You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. These Terms of Use, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and Retire Simple relating to this subject matter, and cannot be changed or terminated orally. 

Assignment

You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Retire Simple, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.

Non-waiver

Failure by either Retire Simple or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.

Force Majeure

Retire Simple shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Governing Law And Arbitration

The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before a Competent Court of Kelowna, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of Alberta. Therefore, you agree that: Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Alberta. This Agreement shall be governed by the internal substantive laws of Canada, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a competent court located in, Canada, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.

Arbitration Procedures:

Discovery. Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defences. Any such discovery requests must be served on the other party within 10 days after the arbitrator’s appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort that would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense.

Communications with the Arbitrator. Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator.

Confidentiality. Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.

Contact Us

If you have any questions or concerns regarding these Terms or our Services, please contact us through the support email at contact@retiresimple.ca