Terms of Use

This Policy’s Effective Date is October 26, 2023.

1. Terms of Use & Website Agreement:

This document outlines the Terms of Use (“Terms”) for the websites www.topcanadians.ca, www.topcanadians.com, and www.topcanadians.org. This also extends to all web pages directly connected to www.topcanadians.ca under the administration of Top Canadians, encompassing its branches, subsidiaries, and international affiliates (collectively referred to as the “Site”). The Site is the proprietary asset of Top Canadians Incorporated (“Top Canadians”) and is administered in tandem with its licensed associates. When you browse and engage with this Site, you inherently acknowledge and accept these Terms. Should any aspect of these Terms not resonate with you, we kindly advise against accessing or using the Site.

It’s worth noting that Top Canadians reserves the sole right to modify, enhance, or amend segments of these Terms as and when deemed necessary. For your benefit, it is advisable to review these Terms intermittently to stay updated on any modifications. Your continued usage of the Site following any adjustments signifies your tacit agreement to the updated terms. As a token of your compliance with these Terms, Top Canadians grants you a personal, non-transferable, revocable, and restricted privilege to access the Site.

2- Content & Intellectual Property

The Site encompasses a diverse array of content, including but not limited to text, graphics, visual designs, images, trademarks, logos, audio components, music, digital artwork, and software code (“Content”). This Content, encompassing its unique design, structure, overall appearance, and arrangements, is either owned by, controlled, or licensed to Top Canadians. It is safeguarded by copyright, patent, trademark, design rights, and is also shielded under various other intellectual property legislations and competitive laws.

Barring specific permissions explicitly laid out in these Guidelines, users are prohibited from duplicating, disseminating, exhibiting, publishing, translating, or transmitting any part of the Site or its Content. This includes any distribution or replication to other servers, websites, or digital platforms for business or promotional use, without procuring prior written consent from Top Canadians.

Top Canadians may provide certain informational resources related to its services (such as service descriptions, reference articles, and other similar materials) for direct download from the Site. Users are allowed to utilize this information under the following conditions: (1) All proprietary notices remain untouched in any copies of these documents, (2) The information is strictly for individual, non-commercial use and isn’t shared on any network or media, (3) No amendments are made to the downloaded information, and (4) No further guarantees or representations are associated with the aforementioned documents.

3- Your Use of the Site:

  • Restrictions on Automated Access: Avoid using tools or methods, either automated like bots and web crawlers, or manual, designed to mine, copy, or monitor content on our website. Circumventing our website’s navigation or structure is not permitted. Accessing materials not intentionally made available on the site is strictly prohibited. Top Canadians maintains the discretion to prevent such actions.
  • Unauthorized Access: Steer clear of attempts to access any part of the Site or its related networks without authorization. This includes bypassing security through hacking, password mining, or other unauthorized techniques.
  • Protecting Site’s Security: Do not attempt to test the vulnerability of our Site or any associated networks. Avoid any actions that would compromise the security or authentication protocols of the Site. Furthermore, refrain from tracing or tracking information of other users or customers, or exploiting any feature of the site with the intent to reveal unauthorized data.
  • Website Infrastructure: Respect the integrity of our website by avoiding actions that place undue stress on our Site, the systems of Top Canadians, or any related networks.
  • Non-Interference Clause: Commit to not using any tools or software that could disrupt the functionality of our Site, interfere with transactions, or hinder another user’s experience on the platform.
  • Maintain Authenticity: Do not alter the origins of your communications to the Site or misrepresent your identity. Sending misleading information or impersonating others is strictly prohibited.
  • Lawful Use: Ensure your use of the Site aligns with the guidelines and is lawful. Refrain from engaging in activities that violate our Terms of Use or infringe on the rights of Top Canadians or any third parties.

4. Definitions:

  • User: Any individual accessing or utilizing the Top Canadians website.
  • Listing: Refers to a profile or an advertisement that a user submits on our platform.
  • Membership Plan: Represents the diverse packages accessible to users for generating a listing.

5. Scope of Service:

Top Canadians Incorporated is specially tailored for the professional listing of Accountants, Brokers, Consultants, Lawyers, Marketers, Physicians, Realtors, and Salespeople residing in Canada. The website’s primary audience is the Canadian demographic, and as such, its services are not intended for, nor available to, users outside of Canada. If you are accessing the website from a location outside Canada, please note that it is not designed for use outside of the Canadian jurisdiction, and accessing it might be in violation of local laws or regulations.

6. Eligibility:

To register an account and avail of the services provided by www.topcanadians.ca, users must be a minimum of 18 years of age. Adherence to provincial jurisdiction regulations dictates this age restriction.

7. Membership Plans & Services:

Three distinct membership plans are available:

  • Silver Plan: Grants a 30-day listing access with circumscribed support.
  • Gold Plan: Grants a 60-day listing, paired with dedicated account management and exquisite digital ad designs by our adept graphic design crew.
  • Platinum Plan: Grants a 90-day listing, paired with dedicated account management and exquisite digital ad designs by our adept graphic design crew and supplemented with professional photo and video shoots.

Should users wish to continue their membership beyond the initial duration, a renewal at half the original cost is available prior to expiration. Post expiry, reinstating the listing requires payment in full.

8. Third-Party Account Integration:

Users have the convenience of creating their “Top Canadians” account using their existing Facebook or Google accounts. By choosing this method of registration, users acknowledge that “Top Canadians” relies on the security and integrity of these third-party platforms for the initial registration process. As such, “Top Canadians” cannot be held responsible for any damages, data loss, or unforeseen errors that may arise during the integration and registration process with these third-party accounts. Users are encouraged to ensure the security of their third-party accounts and be aware of the terms and conditions of those platforms when integrating them with “Top Canadians.”

9. Payments & Refunds:

Payment mediums recognized by our platform include Credit/Debit Card, PayPal, and Interac e-Transfer. Should you deem it necessary to request a refund, the option remains available for the initial ten days post-order. Beyond this window, refunds, regardless of listing status (active or deleted), are rendered unavailable.

10. Interac e-Transfer Process:

  • Confirm the order via ‘Place Order.’
  • Initiate an Interac e-Transfer to the designated account: support@topcanadians.ca.
  • Our billing department, upon acknowledging receipt, will ensure swift validation and communicate confirmation to the associated email address.

This modus operandi is meticulously crafted for both security and efficiency. Your confidence in ‘Top Canadians Incorporated’ is highly valued and appreciated.

11. Prohibited Content & Behaviour:

Users are strictly prohibited from listing or promoting content associated with sexual themes, criminal activities, harassment, religious propaganda, blackmail, or any content deemed offensive. Breach of this directive may result in suspension or termination of the user’s account on www.topcanadians.ca.

12. Links to Other Sites and to the Top Canadians Site(s):

  • Overview: The Top Canadians website may feature links to other third-party websites, herein referred to as “Linked Sites”. These are presented for the sole purpose of enhancing the user experience and offering added convenience to our visitors.
  • Autonomy of Linked Sites: It’s crucial to understand that these Linked Sites are independent entities, and thus, are not governed or influenced by Top Canadians. Our inclusion of these links does not imply direct affiliation, endorsement, or acceptance of the content, policies, or practices of the Linked Sites.
  • Disclaimer: While we strive to curate quality links, Top Canadians cannot vouch for the accuracy, legitimacy, or safety of the content, information, or materials presented on these Linked Sites. Any interactions or engagements with these sites are at your own discretion and risk.
  • User Discretion Advised: Before accessing or interacting with any Linked Sites, we advise you to exercise due diligence and make informed decisions. It’s always a good practice to familiarize yourself with the terms, policies, and practices of any external site.

By continuing to use the Top Canadians website and accessing these Linked Sites, you acknowledge and agree to this policy. We encourage our users to stay informed and practice safe browsing.

13. Disclaimers:

  • Site’s Condition and Expectation: While we strive for excellence, Top Canadians cannot guarantee that our Site, its content, services, or features will always be uninterrupted, devoid of errors, or that issues will be rectified immediately. Users should be aware that the Site and its content are provided on an “as-is” and “as-available” foundation. Furthermore, the information on our Site may be updated without prior notification. We take precautionary measures, but can’t ensure that files or data you acquire from our Site will be exempt from viruses or other harmful elements.
  • Responsibility and Accountability: Top Canadians will not be held accountable for actions, neglect, or behaviors of third parties associated with your usage of our Site or any of our services. Your interactions with the Site and linked platforms are entirely at your own risk. If you’re dissatisfied with any aspect of the Site or its content, your sole recourse is to discontinue its use. This is a mutual understanding between you and Top Canadians.
  • Scope of the Disclaimer: The aforementioned disclaimers encompass any potential damages or liabilities arising from disruptions, errors, omissions, delays, cyber threats, unauthorized alterations, or any issues regardless of whether they’re due to contract breaches, negligent actions, or other reasons.
  • Reserving Rights for Site Management: Top Canadians retains the right, without the obligation of prior notice, to:
  • Adjust, halt, or cease access to the Site or parts of it for any given reason.
  • Alter the Site or parts thereof, including relevant terms or policies.
  • Pause the operation of the Site or segments of it for regular or irregular maintenance, for error rectification, or other necessary modifications.

14. Limitation of Liability:

  • User-Business Interactions: Your engagements with businesses listed on Top Canadians are at your discretion and risk. Top Canadians does not hold responsibility for any outcomes, whether positive or negative, resulting from these interactions. For your safety, always practice prudence and conduct a thorough evaluation before initiating any business relationship. Do remember to avoid sharing sensitive personal or financial information, including but not limited to banking and credit card details. It’s pertinent to highlight that no representative from Top Canadians Incorporated will ever request such particulars over the phone.
  • General Liability: In line with Canadian law, unless otherwise specified by regional legal mandates, Top Canadians will not be accountable for any indirect, consequential, special, incidental, or punitive damages, including potential lost revenues, even when prior notification of such potential damages has been provided.
  • Maximum Liability: Should, despite the stipulations of these Terms of Use, Top Canadians be deemed liable for any losses or damages that surface from or are related to your usage of the Site or its Content, the extent of our accountability shall be confined to the greater of:
  • The cumulative amount of any membership or similar fees related to any service or feature on the Site paid within the half-year preceding the initial claim directed against Top Canadians (this excludes the purchase costs for any Top Canadians products or comparable support initiatives).
  • A total of CAD$50.00.
  • Regional Variations: It’s crucial to recognize that some jurisdictions might have restrictions on the imposition of liability caps. Therefore, the above-stated limitations might not be applicable based on your location.

When utilizing our platform, users confirm their understanding and agreement to the bounds of our liability. It’s recommended to stay abreast of terms and regulations specific to your jurisdiction.

15. Indemnity:

  • Your Commitment: By accessing and using the Top Canadians platform, you undertake the responsibility to safeguard and defend Top Canadians, encompassing its officers, directors, shareholders, forerunners, subsequent parties, employees, representatives, subsidiaries, and affiliated entities. You agree to shield them from any potential financial burdens, liabilities, legal claims, or associated costs, which include but aren’t limited to attorney’s fees.
  • Conditions for Indemnification: This indemnification applies particularly when claims or demands arise from or are connected to your interactions with the Site. Such circumstances might be the direct or indirect outcome of your actions or oversights on the Top Canadians platform, causing a third party to take legal action against Top Canadians.
  • In Accordance with Canadian Law: This indemnity provision has been crafted keeping in mind the legal frameworks of Canada. It’s imperative to recognize that indemnification is a significant legal commitment, and by continuing your use of the Site, you are acknowledging and consenting to this responsibility.

We urge our users to be fully aware of their commitments and the potential implications of their online actions. It is always wise to operate within the framework of law and respect the integrity of the platform and its stakeholders.

16. Violation of These Terms of Use:

  • Your Information & Our Right to Disclose: By interacting with the Top Canadians platform, you understand that we may unveil pertinent details about you, encompassing your identity. Such disclosures might be essential during inquiries, grievances, or legal matters stemming from your use of our website. This can include situations where there’s potential harm or disturbances to Top Canadians’ rights, assets, or our user community. In line with Canadian law, we also hold the right to present any information that we perceive is critical to meet legal obligations, respond to regulatory inquiries, or safeguard against deceit.
  • Communication Retention & Disclosure: Should you engage with Top Canadians via our website or any associated services, be aware that we might both store and reveal those communications. Such steps are taken particularly when bound by law or when we ascertain that preserving or unveiling such information is requisite to comply with legal mandates, uphold these terms, address legal claims, or ensure the safety and rights of our brand, staff, website visitors, and the broader public.
  • Access Termination & Grounds: Recognize that any breach of these terms could lead to Top Canadians, at its discretion, revoking your access rights to our platform without prior intimation. Such access restrictions might be due to reasons like legal or regulatory requests, your wish to delete your account, significant changes to our services, or unexpected technical glitches. Additionally, non-compliance with our terms is viewed as a detrimental and unlawful business activity. Given the potential irreversible damage to Top Canadians, beyond mere financial harm, we reserve the right to seek both legal and equitable solutions. These remedies supplement other potential legal courses of action.
  • Legal Proceedings & Associated Costs: If your actions on the Top Canadians platform necessitate legal intervention, be prepared to bear all associated costs, especially reasonable attorney fees. This will be over and above any other legal relief Top Canadians might seek. Your consent to these terms implies an understanding that, should your access to the site be terminated owing to terms violation, Top Canadians shall not bear any liability to you or any third party.

Staying informed and adhering to these terms ensures a harmonious experience for all. Always navigate our platform with respect, understanding, and awareness of your responsibilities.

17. Disputes & Governing Law:

  • Applicable Law: Your access, use, and any disputes arising out of the Top Canadians website will be interpreted in accordance with the federal laws of Canada and the provincial laws of Ontario, irrespective of any principles of conflicts of law.
  • Jurisdiction & Venue: By accessing and using the Top Canadians site, you consent to the jurisdiction of the provincial and federal courts located in Ottawa, Ontario, for any action or legal proceeding arising out of or relating to your use. You waive any objections to such jurisdiction or venue. However, if you are a consumer residing outside of Canada, this stipulation regarding venue may not be applicable to you.
  • Time Limitation for Claims: Any claims or causes of action you might have related to your interaction with Top Canadians or its website must commence within one (1) year after the claim or cause of action arises. After this period, such claim or cause of action is permanently barred. This does not encompass claims made under distinct terms and conditions of purchasing our services.
  • Limitations on Recovery: Should any legal proceedings be initiated, the aggrieved party can solely recover out-of-pocket expenses. Nonetheless, the party that ultimately prevails is entitled to costs and legal fees.
  • Aim for Amicable Resolution: In any discrepancy or dispute between you and Top Canadians tied to your website use, both parties shall earnestly and promptly strive for a resolution in good faith. If we are unable to resolve said dispute within thirty (30) days, either party is empowered to propose mediation. Should mediation prove unsuccessful, both parties are then free to engage in any right or recourse permissible under the relevant law.

Your interaction with Top Canadians, denoted by your website use, signifies your agreement to the aforementioned terms. We advise all users to remain informed about our terms and practices to ensure a beneficial experience for all.

18. Void Where Prohibited:

  • Site Administration & Global Accessibility: While Top Canadians centrally manages www.topcanadians.ca from our Toronto, Ontario base in Canada, be aware that other platforms under our brand may be operated from different global regions. The beauty of the internet allows our platform to be accessible globally. However, it’s crucial to understand that certain services, features, or products highlighted or available on our site may not be accessible or relevant to everyone, everywhere, especially outside of Canada.
  • Service Limitations & Local Compliance: Top Canadians possesses the unequivocal right to determine the extent and availability of any service or feature to specific individuals or regions. Consequently, certain offerings on our site might be non-applicable in certain jurisdictions. Always ensure that any interaction or transaction you initiate is in line with your local regulations. Should you decide to access our platform from outside Canada, it’s incumbent upon you to ensure full compliance with your local laws.

Navigating our platform responsibly ensures a seamless experience for everyone. Remember, while we’re accessible worldwide, not all our offerings might be suitable or available for all. Always act with awareness and local compliance.

19. User Responsibilities:

A comprehensive understanding and compliance with our Listing Policy, Privacy Policy, Refund Policy, and Cookie Usage Policy are imperative for all users. Registering an account or listing with Top Canadians indicates the user’s concurrence with these terms and policies.

20. Modifications:

The prerogative to revise or amend these Terms of Use rests solely with Top Canadians Incorporated. Significant modifications will be intimated to the users, but periodic review of these terms is recommended.

21. Contact:

For queries, feedback, or insights regarding these terms or our suite of services, please reach out to our support brigade via support@topcanadians.ca.

By navigating and interacting with www.topcanadians.ca, you wholeheartedly assent to these Terms of Use in their entirety. Should any section or entirety of these policies be discordant with your perspective, kindly refrain from using this platform.

 

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