Terms of Use

Before using our web site, you must read and agree to the Terms of Use as described below.

Please read this page in its entirety as it explains your rights and responsibilities.

You must agree, without modification, to accept the following terms of use ("Agreement") between you and PartingWishes Inc.. The Agreement, as amended from time to time, explains the contractual agreement between you (the "Customer") and PartingWishes Inc. ("us", "we" or "PartingWishes Inc.") regarding your use of our web site (the "Web Site" or " Web Site") and the Canadian Personal Will Kit (the "Canadian Personal Will Kit" or "kit"), the information on the Web Site (the "Content"), our facilitation of your activities and transactions conducted through the Web Site (the "Services"), and the product of those activities (the "Documents"). Your use of the Web Site and the Canadian Personal Will Kit constitutes a full and complete acceptance of the terms of this Agreement.

The Agreement contains the following sections:

  1. Subsequent Revisions to Agreement
  2. Use of the Web site
  3. Your Use of the Web Site and The Canadian Personal Will Kit is at your own risk
  4. Your Documents
  5. Disclaimer of Liability
  6. Web Site Content
  7. Disclosure of Information
  8. Information Volunteered to PartingWishes Inc.
  9. Third Party Links
  10. Printed Agreement
  11. Entire Agreement XII. Acknowledgement

I. Subsequent Revisions to Agreement

These terms of use are effective May 1, 2008, and all previous terms of use are cancelled. PartingWishes Inc. may periodically revise the terms of this Agreement by updating this page. You agree to be bound by subsequent revisions to this Agreement. Accordingly, you should periodically visit this page to review the current terms of use. A link to this page is available on the home page of the Web Site.

II. Use of the Web Site

PartingWishes Inc., its affiliates and agents make this Web site and all other websites of PartingWishes Inc. with links to the Terms of Use (collectively, the "Site"), and the Materials and Services, available for your access and use subject to the Terms of Use. "Materials" means all information, data, documents, communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs and products made available or enabled via the Site by PartingWishes Inc. or users of this Site. "Services" means all services and resources offered or enabled via the Site by PartingWishes Inc. and users of this Site, including download areas, product and other information services.

You agree to use the Services only to access, download, utilize, post, send or receive Materials in an appropriate manner as related to the particular Materials or Services being accessed or used by you.

As some examples of improper activities when accessing or using the Site, Services or Materials, you agree that you shall not:

  • Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
  • Use or attempt to gain access to or use another's account, password, Service, Materials or computer systems or networks connected to any PartingWishes Inc. server or to the Site without authorization from PartingWishes Inc., whether through hacking, password mining or any other means.
  • Remove or falsely add to any uploaded Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material.
  • Access or attempt to access any Material that you are not authorized to access or Materials through any means not intentionally made available through the Site or Services.
  • Make available any files containing Materials where you do not own or control, or have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such Materials.
  • Use any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party.
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites.
  • Transmit unsolicited or bulk communications to any or affiliated e-mail address.
  • Post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
  • Create a false identity for the purpose of misleading others.
  • Disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, Materials or Services.
  • Breach any guidelines or other codes of conduct applicable to a particular Service or Materials.
  • Access or use the Site in any manner that could damage, disable, overburden or impair any server or the network(s) connected to any server.
  • Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by the Terms of Use.
  • Prepare, compile, use, download or otherwise copy any Site user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
  • Violate the rights of PartingWishes Inc. or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
  • Use any PartingWishes Inc. domain name as a pseudonymous return e-mail address.
  • Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by PartingWishes Inc.

When using Services or Materials, you will be subject to any posted guidelines, rules or licenses applicable to such Services or Materials, in addition to the Terms of Use. Materials and Services provided by third parties (collectively, the "Third-Party Services") are governed by separate agreements accompanying such Materials and Services. PartingWishes Inc. offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services, including any liability resulting from incompatibility between a Third-Party Service, PartingWishes Inc. provided Services or another Third-Party Service. You agree that you will not hold PartingWishes Inc. responsible or liable with respect to the Third-Party Services.

III. Your Use of the Web Site and The Canadian Personal Will Kit is at your own risk

The Web Site and The Canadian Personal Will Kit may contain inaccuracies or typographical errors. PartingWishes Inc. makes no representations about the accuracy, reliability, completeness or timeliness of the content or about the results to be obtained from using the Web Site or its Content, or the Kit or its Content. Your use of the Web Site and The Canadian Personal Will Kit, including, without limitation, the services and information contained therein, is on an "as is" basis and is at your own risk. PartingWishes Inc. may make changes to the Content at any time. PartingWishes Inc. is not responsible for any loss, injury, claim, liability or damage related to your use of the Web Site or any site linked to this Web Site, or The Canadian Personal Will Kit, whether for errors or omissions in the content of our Web Site or Kit, or any other linked sites, from the Web Site being down or from any other use of the Web Site.

IV. Your Documents

PartingWishes Inc. is not a law firm. The use of the Web Site and The Canadian Personal Will Kit, is not a substitute for seeking legal advice. The Customer agrees that he or she is not relying on PartingWishes Inc. for any legal advice or information. The Customer agrees that any Documents completed by the Customer using The Canadian Personal Will Kit are Documents made by the Customer and not Documents made by PartingWishes Inc. The Customer further agrees that any Documents completed by the Customer using The Canadian Personal Will Kit are Documents completed by the Customer without a lawyer or legal advice. If a Customer requires legal advice or information, it is agreed that it is the duty of the Customer to obtain such legal advice or information. If a Customer is uncertain as to whether legal advice or information is required, it is agreed that the Customer will obtain such legal advice or information.

PartingWishes Inc. does not offer legal advice, and the Content on the Web Site and in The Canadian Personal Will Kit is not guaranteed to be correct. Although considerable effort has been made to ensure that the information on the Web Site and in the kit is accurate and up to date, be aware that provincial and federal laws and procedures change and may be open to interpretation. In addition, the successful use of any services in The Canadian Personal Will Kit requires accurate information to be provided by the Customer and/or appropriate actions to be taken by the Customer as described in the kit. PartingWishes Inc. cannot ensure that this information will be accurate or that these actions will be taken appropriately. Although the information in The Canadian Personal Will Kit can be used to help in the creation of legally binding documents, we cannot guarantee that the results of using The Canadian Personal Will Kit will result in the creation of legally binding documents and individual circumstances vary. As a result, PartingWishes Inc. does not make any guarantees about the use to which the kit is put, or the results of that use. If you have any doubts as to the validity or legal standing of documents created using the Content in the Kit, we recommend that you consult an attorney licensed to practice law in your area.

Any Documents that you create using The Canadian Personal Will Kit are yours and it is your responsibility to ensure that they reflect your intentions. If you require a legal opinion about the effect of the Documents or their legal interpretation, you must have your Documents reviewed by an attorney in your area who specializes in Wills and estate planning.

V. Disclaimer of Liability

PartingWishes Inc., its respective officers, directors, shareholders, employees, accountants, attorneys, agents, affiliates, subsidiaries, successors and assigns (Collectively "PartingWishes") shall not be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of, or connected with, your (i) use of the Web Site, (ii) use of The Canadian Personal Will Kit, and (iii) any other subject matter of this Agreement.

The Customer and his or her estate, including heirs, successors and assigns, hereby agree to indemnify and save harmless PartingWishes Inc., its officers, directors, employees, principals, agents and shareholders from any and all claims and demands of any kind whatsoever arising from or in relation to any document completed or attempted to be completed using The Canadian Personal Will Kit (whether such document is properly or improperly signed) including any and all legal costs, damages or awards.

PartingWishes Inc. makes no representations or warranties. Without limiting the foregoing, except as expressly stated in this Agreement, PartingWishes Inc. makes no representations or warranties of any kind, either express or implied, as to any matter including, without limitation, implied warranties of fitness for a particular purpose, merchantability, non-infringement or otherwise which would extend beyond the representations and warranties contained in this Agreement.

VI. Web Site Content

The materials used and displayed on the Web Site, including, but not limited to, text, software, photographs, graphics, illustrations and artwork, music, video and sound, and names, logos and trademarks, are the property of PartingWishes Inc. or its affiliates or licensors and are protected by copyright, trademark and other laws. Any such content may be displayed solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of PartingWishes Inc. or the appropriate affiliate.

VII. Disclosure of Information

PartingWishes Inc. and its affiliates agree to be bound by the terms of its Privacy Statement. Privacy Statement. PartingWishes Inc. and its affiliates hereby agree that all of your information and material received via the Web Site or otherwise will be kept in the strictest confidence and will not be disclosed to any third party without your consent. However, you may authorize PartingWishes Inc. or our affiliates to disclose information to Third Parties to assist you with current or future matters or areas of interest either by clicking the appropriate boxes on this site or specifically in correspondence.

VIII. Information Volunteered to PartingWishes Inc.

Should any Customer choose to provide PartingWishes Inc. with any data not associated with any of the services including but not limited to questions, comments and suggestions ("Non Confidential Data"), such data shall be deemed to be non-confidential and PartingWishes Inc. assumes no obligation to protect such data from disclosure.

IX. Third Party Links

The Web Site may contain links to Web Sites ("Third Party Web Sites") operated by parties other than PartingWishes Inc. and PartingWishes Inc. may license Content from the Web Site for use by Third Party Web Sites. PartingWishes Inc. makes no representation or endorsement of the Third Party Web Sites, and you access them at your own risk. Furthermore, the use of links to Web Sites does not imply that PartingWishes Inc. is legally authorized to use any trade name, registered trademark, logo, or copyrighted symbol that may be represented in the links.

X. Printed Agreement

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

XI. Entire Agreement

By using the Web Site, you agree that this Agreement is the complete and exclusive statement of the Agreement between you and PartingWishes Inc. regarding the Web Site and The Canadian Personal Will Kit. This Agreement and any disputes arising out of or related to the Web Site or The Canadian Personal Will Kit shall be governed by, and construed and enforced in accordance with, the laws of the Province of Ontario, Canada.

XII. Acknowledgement

By using this Web Site you acknowledge that you: (a) have read and understood these terms; (b) understand the need for independent legal advice on whether or not to accept the terms; and (c) agree to be bound by these terms. If you do not agree, please leave the Web Site now.

If you have any questions about the above terms and conditions, please send us an email at [email protected] or seek your own independent legal advice.