TERMS AND CONDITIONS

www.divorcethesmartway.ca

Effective date: 1st August 2021

  1. Introduction

Welcome to www.divorcethesmartway.ca (“Site” or “Website”).

This website is owned and operated by DTSW Services Inc. from Canada for Canadian Residents and Citizens. Throughout the Site, the terms “we”, “us”, “Divorce the Smartway”, “DTSW” and “our” refer to DTSW Services Inc. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here .

By visiting our site and/or when purchasing any of our product or service, you (“User” or “Client”) engage in our “Service” and agree to be bound by the following terms and conditions/terms of use (“Terms”), including those additional terms and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, clients and/ or contributors of content.

PLEASE READ THE FOLLOWING TERMS AND DISCLAIMERS CAREFULLY BEFORE USING THE SERVICES.  IF YOU DO NOT AGREE WITH THESE TERMS, OUR PRIVACY POLICY, OR ANY OTHER OF OUR POLICIES, YOU SHOULD NOT USE THE SERVICES.

  1. DTSW – General Information
  • DTSW provides Separation and Divorce Mediation Services including but not limited to Separation Agreements and Divorce Applications. To find out more information about what we do, please refer to our website.
  • Sole discretion. We reserve the right to add/discontinue any product or service anytime at our sole discretion.
  1. Advice

The information provided by DTSW should not be constituted as legal advice. DTSW is not a law firm and provides content on its website and as part of its Services that is solely intended to be legal information meant for personal use. DTSW does not review any legal information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of forms, or apply the law to the facts of your situation.

If you require legal advice for your specific situation, DTSW recommends that you contact a legal professional.

  1. Eligibility

DTSW is strictly limited to parties who can lawfully enter into and form contracts on the Internet. If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.

  1. Payment

Our Site accepts all major payment methods which include:

  • Visa (credit and debit cards)
  • MasterCard (credit and debit cards)
  • American Express
  • E-Transfers
  • Any other payment method displayed on our Site.

We reserve the right to add or change our payment methods at sole discretion anytime.

  1. General Service Terms
  • All Prospective Clients can make a contact to DTSW through the website,
  • DTSW will follow-up with a Free 15 minute call. In the event the Client wants to move forward, we shall enter into a Retainer Agreement with the client.
  • All Seminars and consulting services will be delivered by Video Conference only.
  • In person meetings will only be held by agreement mentioned in writing at time of retaining services and by appointment only.
  1. Pricing Policy

The prices shown on the Site are in Canadian Dollars.

Sometimes we need to make changes to the price of some of our products and services. When this happens, we’ll update the prices on our website. If you had placed your order for a product/service before the price change, the price will be as stated on our website at the time when you had placed your order.

  1. Shipping, returns, and refunds

Please refer to our Shipping, returns, and refunds policy for more information on this section.

  1. Permitted use 

You agree to use the Site and the Services only for purposes that are permitted by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site and Services for your non-commercial, non-exclusive, non-assignable, non-transferable, and limited personal use, and no other purposes.

You will not (and will not attempt to):

  1. Access any of the Services by any means other than through the interface that is provided by DTSW;
  2. Gain unauthorized access to DTSW’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, DTSW’s networks, and computer systems;
  3. Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
  4. Access or collect any personally identifiable information, including any names, email addresses, or other such information for any purpose, including, without limitation, commercial purposes;
  5. Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose; and
  6. Reproduce, duplicate, copy, sell, trade, or resell any products or services bearing any trademark, service mark, trade name, logo, or service mark owned by DTSW in a way that is likely or intended to confuse the owner or authorized user of such marks, names or logos.
  1. Limited License and Site Access; Acceptable Use

You may not: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the contents of this Site not intended to be so read; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site in any form or by any means; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.

You use this Site at your own risk. You agree that you will be personally responsible for your use of this Site and all of your communication and activity on this Site. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

  1. Accounts, Registrations, and Passwords

If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer.  If you open an account, register, or otherwise provide us with any information, you agree to provide us with current, complete, and accurate information as requested by any forms. DTSW is not responsible for any errors or delays in responding to any inquiry or request caused by any outdated or incorrect information provided by you or any technical problems beyond the control of DTSW. You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a “Password”) is confidential information and must be kept secure. You may not disclose such a Password to another person or entity or permit another entity to access the Site using such a Password. You must notify DTSW immediately of any breach of security or unauthorized use of your account. DTSW cannot be responsible and disclaims all liability in connection with, the use of any information that you post or display on this Site.

  1. Intellectual Property Rights

Your use of the Site and its contents grants no rights to you concerning any copyright, designs, and trademarks and all other intellectual property and material rights mentioned, displayed, or relating to the Content (defined below) on the Site.  All Content, including third-party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site, are protected by national intellectual property and other laws. Any unauthorized reproduction, redistribution, or other use of the Content is prohibited and may result in civil and criminal penalties. You may use the Content only with our prior written and express authorization. To inquire about obtaining authorization to use the Content, please contact us at coordinator@divorcethesmartway.ca

In addition to the intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio, or text on the Site.

  1. Monitoring Activity

DTSW has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, at our sole discretion, at any time and from time to time, without notice or further obligation to you. DTSW has no obligation to display or post any content.

  1. Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DTSW EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE AND ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE IS AT YOUR OWN RISK.

  1. Limitation of Liability

You agree that in no event shall DTSW be liable to you, or any third party, for any lost profits, incidental, consequential, punitive, special, or indirect damages arising out of or in connection with the Site or the Terms and Conditions, even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise. This limitation on liability includes, but is not limited to, any (i) errors, mistakes, or inaccuracies in any Content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the Content; (ii) the transmission of any bugs, viruses, Trojan horses or the like which may infect your equipment, failure of mechanical or electronic equipment; (iii) unauthorized access to or use of the Site or DTSW’ secure servers and/or any personal information and/or financial information stored therein; or (iv) theft, operator errors, strikes or other labor problems or any force majeure.

  1. Indemnification

You agree to indemnify and hold DTSW and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty, or loss, including reasonable lawyers’ fees, made by or resulting from any third party due to or arising out of your use of the Site, breach of the Terms and Conditions or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandates, or the rights of a third party.

  1. Dispute Resolution & Governing Laws

In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

These Terms and Conditions shall be governed by and construed in accordance with the laws of Ontario, Canada.

  1. Children

If you use or engage with the website and are under 18 years of age, you must have your parent’s or legal guardian’s permission to do so.  By using or engaging with the website, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the website.

  1. Privacy

For more information on how we collect your information and cookies, please refer to our Privacy Policy.

  1. Links To Other Web Sites

Our site may contain links to third-party websites or services that are not owned or controlled by us. DTSW has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that DTSW shall not be responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

  1. Changes

We reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revised since your last visit to the website by referring to the “Effective Date of Current Policy” date at the top of this page. Your use of our Site constitutes your acceptance of these Terms and Conditions as amended or revised by us from time to time, and you should, therefore, review these Terms and Conditions regularly.

  1. Electronic Communications

When you visit the Site or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. You agree that all agreements, notices, financial disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication is in writing.

  1. Severability

If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.

  1. Assignment

We shall be permitted to assign, transfer, or subcontract our rights and obligations under these terms without your consent or any notice to you. You shall not be permitted to assign, transfer, or subcontract any of your rights and obligations under this agreement.

  1. Force Majeure

DTSW is not liable for any delays caused by circumstances beyond DTSW’s control, e.g. general labor dispute, extreme weather, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications, or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above.

  1. Entire Agreement

These Terms and Conditions set forth the entire understanding and agreement between you and DTSW concerning the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written concerning the Site. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not assign the Terms and Conditions, or assign, transfer or sublicense your rights therein. A failure to act concerning a breach by you or others does not waive DTSW’s right to act concerning subsequent or similar breaches.

  1. Term and Termination

This agreement becomes effective the date that you first access the Site and remains effective until it is terminated consistent with its terms. Violations of this agreement may result in the immediate termination of this agreement and denials or terminations of your access to the Site. Such restrictions may be temporary or permanent. Upon termination, your right to use this Site shall be revoked. All disclaimers, limitations of liability, indemnities, and rights of ownership and licenses to DTSW shall survive any termination.

  1. Contact Us

For any questions, complaints, and queries or to report any violations, kindly send an email on coordinator@divorcethesmartway.ca