TurboTax and TurboImpôt Online and TurboTax FREE Tax Year 2017

Thank you for selecting the Services offered by Intuit Canada ULC. and/or its subsidiaries and affiliates (referred to as "Intuit", "we", "our", or "us"). Review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and Intuit. By clicking “I Agree,” indicating acceptance electronically, or by, installing, accessing or using the Services, you agree to this Agreement. If you do not agree to this Agreement, then you may not use the Services.

A - GENERAL TERMS

1. AGREEMENT

This Agreement describes the terms governing your use of the Intuit online services provided to you on this website, including Content (defined below), updates and new releases (collectively, the “Services”). This Agreement includes by reference:
  • Intuit's Privacy Statement provided to you in the Services and available on the website for the Services or provided to you otherwise.
  • Additional terms and conditions, which may include those from third parties.
  • Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.

2. YOUR RIGHTS TO USE THE SERVICES

2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Intuit. Intuit reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Intuit grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.

2.2 You agree not to use, nor permit any third party to use, the Services in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
  • Provide access to or give any part of the Services to any third party.
  • Reproduce, modify, copy, sell, trade, lease, rent or resell the Services.
  • Decompile, disassemble, or reverse engineer the Services.
  • Make the Services available on any file-sharing or application hosting service.

3. PAYMENT.

For Services offered on a payment or subscription basis, the following terms apply, unless Intuit or its third party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:

a. Payments will be billed to you in Canadian dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.

b. You must pay with one of the following:
  1. A valid credit card acceptable to Intuit;
  2. A valid debit card acceptable to Intuit;
  3. Sufficient funds in a checking or savings account to cover an electronic debit of the payment due;

    or

  4. By another payment option Intuit provides to you in writing.

c. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.

d. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.

e. Intuit will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services subscription is cancelled or terminated under this Agreement.

f. Additional cancellation or renewal terms may be provided to you on the website for the Services.

4. USE WITH YOUR MOBILE DEVICE

Use of these Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

INTUIT MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:

(i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;

(ii) ANY LOSS, DAMAGE OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND

(iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

5. YOUR PERSONAL INFORMATION.

You can view Intuit’s Privacy Statement provided with the Services and on the website for the Services. You agree to the applicable Intuit Privacy Statement and any changes published by Intuit. You agree that Intuit may use and maintain your personal information according to the Intuit Privacy Statement, as part of the Services.  This means that Intuit may use your personal information to improve the Services or to design promotions and to develop new products or services. Intuit is a global company and may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.

6. CONTENT AND USE OF THE SERVICES

6.1 Responsibility for Content and Use of the Services.

a. Content includes any data, information, materials, text, graphics, images, music, software, audio, video, works of authorship of any kind, that are uploaded, transmitted, posted, generated, stored or otherwise made available through the Services ("Content"), which will include without limitation any Content that account holders (including you) provide through your use of the Services. By making your Content available through your use of the Services, you grant Intuit a worldwide, royalty-free, non-exclusive license to host and use your Content. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Intuit is not responsible for any of your Content that you submit through the Services.

b. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following:

i. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation that which is excessively violent, incites or threatens violence, encourages "flaming" others or criminal or civil liability under any local, provincial, federal or foreign law;

ii. Content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual’s privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual or the public;

iii. Except as permitted by Intuit in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or spamming or flooding;

iv. Virus, Trojan horse, worm or other disruptive or harmful software or data; and

v. Any Content that you do not own or have the right to use without permission from the intellectual property rights owners thereof.

6.2 Restricted Use of the Services.

You shall not, and shall not permit any users of the Services or any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm or damage to the reputation of Intuit or could subject Intuit to liability to third parties, including: (i) unauthorized access, monitoring, interference with, or use of the Services or third party accounts, data, computers, systems or networks; (ii) interference with others’ use of the Services or any system or network, including mail bombing, broadcast or denial of service attacks; (iii) unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering, and harvesting; (iv) viewing or other use of any Content that, in Intuit’s opinion, is prohibited under this Agreement; (v) any other activity that places Intuit in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; or (vi) attempting to probe, scan, penetrate or test the vulnerability of an Intuit system or network or to breach Intuit’s security or authentication measures, whether by passive or intrusive techniques. Intuit reserves the right to not authorize and may terminate your use of the Services based on reasonable suspicion of your activities, business, products or services that are objectionable or promote, support or engage in any of the restricted uses described above.

6.3 Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. Intuit does not support and is not responsible for the Content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Intuit is not responsible.

6.4 Intuit may freely use feedback you provide. You agree that Intuit may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Intuit a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Intuit in any way.

6.5 Intuit may monitor Content. Intuit may, but has no obligation to, monitor access to or use of the Services or Content or to review or edit any Content for the purpose of operating the Services, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We may disclose any information necessary to satisfy our legal obligations, protect Intuit or its customers, or operate the Services properly. Intuit, in its sole discretion, may refuse to post, remove, or refuse to remove, or disable any Content, in whole or in part, that is alleged to be, or that we consider to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

7. ADDITIONAL TERMS

7.1 Intuit does not give professional advice. Unless specifically included with the Services, Intuit is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.

7.2 We may tell you about other Intuit Services. You may be offered other services, products, or promotions by Intuit ("Intuit Services"). Additional terms and conditions and fees may apply. With some Intuit Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant Intuit permission to use information about your business and experience to help us to provide the Intuit Services (including other products and services you might be interested in), to develop new products and services, and to enhance the Services.

7.3 Communications. Intuit may be required by law to send you communications about the Services or third party products. You agree that Intuit may send these communications to you via email or by posting them on our websites.

7.4 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact Intuit if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.

8. DISCLAIMER OF WARRANTIES

8.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY "SUPPLIERS") DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OR CONDITION THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SERVICES. INTUIT AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES OR CONDITIONS DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES OR CONDITIONS ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER. SOME PROVINCES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM PROVINCE TO PROVINCE.

8.2 INTUIT, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

9. LIMITATION OF LIABILITY AND INDEMNITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF INTUIT, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, INTUIT, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET INTUIT SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF INTUIT AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF INTUIT, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.

You agree to indemnify and hold Intuit and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable legal fees and disbursements on a full indemnity basis, arising out of your use of the Services or breach of this Agreement, including third party claims (collectively referred to as "Claims"). Intuit reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Intuit in the defense of any Claims.

10. CHANGES.

We reserve the right to modify this Agreement, in our sole discretion, at any time, and the modifications will be effective when posted through the Services or on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. It is important that you review this Agreement whenever we modify it because your continued use of the Services indicates your agreement to the modifications.

11. TERMINATION.

Intuit may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services, related or other Services, effective immediately, in whole or in part, if we determine that your use of the Services violates the Agreement, is improper or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, to protect the integrity or availability of the Services or systems and comply with applicable Intuit policy, if you no longer agree to receive electronic communications, or if your use of the Services conflicts with Intuit’s interests or those of another user of the Services. Upon Intuit’s notice that your use of the Services has been terminated you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Intuit’s rights to any payments due to it. Intuit may terminate a free account at any time. Sections 2.2, 3 through 16 will survive and remain in effect even if the Agreement is terminated.

12. EXPORT RESTRICTIONS.

You acknowledge that the Services, including the mobile application, and the underlying software is subject to restrictions and controls imposed by the Export and Import Permits Act (Canada) and regulations under the Export and Import Permits Act as well as the U.S. export controls regulations administered by the U.S. Department of Commerce (15 CFR, Chapter V and that you will comply with all applicable laws and regulations. You will not export or re-export any part of the Services, in violation of the Canadian and U.S. export administration laws and regulations, directly or indirectly. You further acknowledge that the underlying software may include technical data subject to such Canada and U.S. export regulations.

13. GOVERNING LAW.

The Province of Ontario and the federal laws of Canada govern this Agreement without regard to its conflicts of laws provisions. You agree to the exclusive jurisdiction of the Province of Ontario and the Courts of the Province of Ontario. Intuit does not represent that the Services are appropriate or available for use in all countries. You are accessing the Services on your own initiative and you are responsible for compliance with all applicable laws.

14. LANGUAGE.

Except in Quebec, any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In Quebec, the French language version of this Agreement shall be equally authoritative. The parties hereby confirm that they have requested that this Agreement and all related documents be drafted in English as well as French. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais comme le français.

15. GENERAL.

This Agreement, including the Additional Terms below, is the entire agreement between you and Intuit regarding its subject matter and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You may not assign or transfer this Agreement to anyone without written approval of Intuit. However, Intuit may assign or transfer this Agreement without your consent to (a) an affiliate, (b) a company through a sale of assets by Intuit or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact Intuit via an email to: transfer_license@intuit.com.

16. PROVINCE SPECIFIC TERMS.

These terms apply only to consumers in the following province. In the event of a conflict or inconsistency between the terms of this Agreement and this Section 16, the terms of this Section 16 shall apply:

Québec Consumers. If you are a consumer located in Québec, the following terms apply to you:

Disclaimer of warranties. THE SOLE WARRANTY APPLICABLE TO THIS AGREEMENT AND THE SERVICES IS THE MANDATORY LEGAL WARRANTY PROVIDED UNDER THE CIVIL CODE OF QUÉBEC AND ANY WARRANTY PROVIDED FOR UNDER THE CONSUMER PROTECTION ACT (QUÉBEC).

Modifications. The provisions relating to the Services, the price and payment terms for the Services, the party providing the Services, renewal and termination rights, and any provision of the Intuit Privacy Statement may be modified or amended upon 30 days prior written notice setting out (i) the new clause or the amended clause and the clause as it read formerly, and (ii) the date of the coming into force of the such modification or amendment. If we do not allow you to maintain this Agreement unamended, you will have the right to terminate this Agreement during the notice period.

Termination. Termination of this Agreement by Intuit without default by you is only effective upon 60 days prior written notice.

Governing law. Any disputes arising out of or related to this Agreement or the Services shall be governed by the laws of Province of Québec and the laws of Canada applicable therein.

December 2016 (Canada)

______________________

B. ADDITIONAL TERMS AND CONDITIONS FOR THE INTUIT TURBOTAX AND TURBOIMPÔT SERVICES ("TURBOTAX” AND “TURBOIMPÔT").

SERVICES

Your use of the Services provided by Intuit are subject to the General Terms of Service above including these Additional Terms and Conditions which govern your use of the Services indicated below. These Additional Terms and Conditions shall prevail over any conflict or inconsistency with the General Terms of Service above.

1. LICENSE AND RESTRICTIONS

License Grant. You may use the TurboTax Online services on a fee-per-return basis to prepare (i) a single personal tax return or (ii) personal tax returns for an individual and that individual's spouse (two (2) return fees apply); (iii) up to a total of twenty (20) tax returns per your online user account. Additionally you understand that anyone with access to your user account can access all of the returns prepared with that account, including personal information contained within each return. To ensure that use of the Services does not exceed the scope of permissible use, certain fields within your tax return file cannot be modified once completed. If this causes any concerns, please contact TurboTax Customer Service using the telephone numbers provided at www.turbotax.ca.

You may use the TurboTax Standard Online edition under one activation code to prepare up to eight (8) tax returns if done using the same online account. The activation code shall expire January 15, 2019 and can only be used for Tax Year 2017.

If you are a paid user, you may complete the preparation of your tax return and print or download your tax return file which you can use to file your tax return electronically or via post.

You agree to review your tax return for any errors and to make any and all necessary corrections prior to filing your return electronically or via post.

The TurboTax Online Services for Tax Year 2017 are not accessible after November 30, 2020 and shall not be supported beyond that date.

Restrictions on Use. You are not licensed or permitted under this Agreement to do any of the following: (i) attempt to access any of Intuit's systems, programs, or data that are not made available for public use; (ii) prepare tax returns, schedules or worksheets on a professional or commercial basis (i.e., for a preparer’s or other fee); (iii) copy, reproduce, republish, upload, post, transmit, resell, distribute, or re-distribute the material from the TurboTax site; (iv) decompile, disassemble, or otherwise reverse engineer the Services except as otherwise permitted by applicable law; or (v) attempt any actions that would prevent the use of the Services by the public.

Payment for Services. If you become a paid user, you shall be charged the applicable fee before you may print or file electronically. Intuit may modify the applicable fees at any time without prior notice. The current fees can be accessed at www.turbotax.ca. Your payment to Intuit of all fees and any additional applicable charges and taxes, must be made by your valid credit card (or such other form of payment as may be acceptable to Intuit in its sole discretion) and, except as otherwise provided herein, all fees and charges are non-refundable.

Unless otherwise provided, prices are ultimately determined at time of print or file electronically and are subject to change without notice. You should confirm that the pricing for your use of the Services has not changed, particularly if some time has passed between the date you start your tax return and the date you finish and are ready to file or print and pay for it. The price for your use of the Service is established at the time you pay for it. Your price will not change once you pay for your Service.

Automated Use of Data in Your Tax Return File. You understand and agree, to assist you in the preparation of your tax return, the Services may include an automated process to help reduce the number of instances in which you have to input the same data. For example, once you provide your name and address, that information automatically may be inserted throughout the applicable tax return form(s).

Security and Data Storage. You may be required to designate a user ID and password which, when used together, will provide you with access to your tax return file. You are the only person authorized to use your user ID and password and for maintaining the confidentiality of your user ID. You shall not permit or allow other persons to have access to or use your user ID and password. You are responsible for the use of the Services under your user ID. If you lose or forget your member ID or password, you may not be able to access your tax return file via the Services, and any further use of the Services by you may require you to establish a new user account with a new user ID and password and re-enter your tax return information. If applicable, Services fees will be assessed on each new user account. Notwithstanding any contrary statement, Intuit may use your user ID if necessary to facilitate its ability to provide you with the Services. Intuit may offer you the option providing authentication information and the ability to reset your password, if available.

You are responsible for protecting the information on your computer such as by installing anti-virus software, updating your software, password protecting your files, and not permitting third party access to your computer.

Storage/Deletion of Your Tax Return File. Except to the extent required by applicable law, Intuit has no obligation to store or maintain any tax return files. However, in its sole discretion, Intuit may retain your tax return file for its records. Additionally, if you are using a paid version of TurboTax, Intuit will retain and provide you access to your 2017 tax return until July 31, 2020 and if you continue as a TurboTax customer in subsequent years, will continue to retain your tax returns for additional 3-year periods, up to a maximum of seven years. If you are using a free version of TurboTax, you are responsible to download and save a copy of your tax return for your records. Notwithstanding any statement to the contrary, you can delete your tax return file at any time by following the instructions provided by the Services. You acknowledge that once you delete your tax return file, you will no longer be able to use the Services to access any information that was contained in your deleted tax return file. Intuit will not restore any deleted tax return files.

Availability of Services. Intuit is not responsible for the late filing of your tax return due to any discontinuation of, or interruption in, the TurboTax Online Services, and you acknowledge that you should file your tax return as early as possible to meet any filing deadlines. You acknowledge that the sole means to ensure that you have an up-to-date record of your tax return file is for you to print and/or download your tax return file upon becoming a paid user and after making any modifications thereto. Intuit will not be responsible or liable for your failure to do so.

2. ACCURATE CALCULATION WARRANTY.

Intuit works to ensure the accuracy of the calculations on every form prepared using the Services. If you are a registered user using the most recent updated version available prior to filing your return and you pay a federal or provincial government penalty and/or interest solely because of a calculation error on a form prepared using the Services, and not as a result of, among other things: your failure to enter all required information accurately or your misuse of the Services; your negligent, willful or fraudulent (a) omission of pertinent information, or (b) inclusion of inaccurate information on your tax return; your misclassification of information on your tax return; or your failure to file an amended tax return to avoid or reduce your penalty and/or interest after Intuit announced updates or corrections to the Services in time for you to file an amended tax return, then Intuit will pay you in the amount of the federal or provincial government penalty and/or interest paid by you to such federal or provincial government. If you believe such a calculation error occurred, and you have complied with the conditions in this paragraph, you must notify Intuit in writing at: Intuit Canada, Attention: TurboTax Returns Dept., 5100 Spectrum Way, Mississauga, ON L4W 5S2 as soon as you learn of the mistake (and in no event later than thirty (30) days after the penalty and/or interest is assessed). Your written notice must also include a copy of your Notice of Assessment or Notice of Reassessment from the Taxing Authority. By filing such a claim, you agree to provide Intuit with your login credentials and authorization to access your TurboTax TY17 Account and you authorize Intuit to obtain and review any data files that may be in Intuit's possession or control, as well as any materials provided by you in order to evaluate and validate your claim. You are responsible for paying any additional tax liability you may owe, and providing assistance and additional information as reasonably requested by Intuit to validate your claim.

3. SATISFACTION GUARANTEE.

Unless you have selected to pre-pay for the Services, you may use the TurboTax Online software without charge up to the point you decide to print or electronically file your tax return. Printing or electronically filing your return reflects your satisfaction with software, at which time you will be required to pay or register for the Services.

4. INTUIT SERVICES AND THIRD PARTY SERVICES.

Electronic Filing Services. If you would like to file your tax return electronically, the Services may provide you with an opportunity to file electronically via One Click Netfile with the Canada Revenue Agency (“CRA”) or Revenu Québec (individually, a “tax authority” or together the “taxing authorities”). If you select this option, Intuit will send you a confirmation of the submission to the CRA after sending your tax return to the taxing authorities on your behalf. Intuit will store your tax file on our servers in accordance with our Privacy Policy. You are responsible for ensuring that your tax return is submitted to the proper taxing authority. Intuit does not guarantee that the taxing authority will accept your tax return. You are entirely responsible for verifying the status of your tax return to confirm that it has been received and accepted by the taxing authority and, if necessary, resubmitting it electronically or filing it manually.

Import Services. The Services may include a feature that allows you to import certain tax-related information from the Canada Revenue Agency, participating payroll processors and financial or other institutions. If the Import Services are available to you, and you choose to use them, you are responsible for verifying the accuracy of the information that is imported. Intuit bears no responsibility for this information. Should you take advantage of the Import Services, your relationship concerning the Import Services is with the information providers, and Intuit disclaims all liability that might arise from your use of the Import Services.

TurboTax Live Assist & Review Service. You understand that as part of the Service, an Intuit tax expert (e.g. Certified Public Accountant or Seasoned Tax Preparer) will be available to answer questions as you prepare your return and to review your federal and provincial tax returns for accuracy and completeness based on the information you have entered into TurboTax. By using the Service, you authorize Intuit to have access to your tax returns. While the tax reviewer may be able to view your tax returns and provide you with feedback, the tax reviewer will not be able to make any changes on your return. Any changes must be made by you at your sole discretion.

The following tax related topics are not included as part of the Service even if your tax return relates to any of the following:
  • Like kind exchanges
  • Estates and trusts (T3 returns)
  • Non-resident or expatriate returns
  • Issues unrelated to the preparation of the tax return or unrelated to income taxes (i.e: sales, use, inheritance, etc.)
  • Bankruptcy questions
  • Tax or investment planning questions
  • Audit or audit risk questions
  • Business incorporation questions
  • Multiple jurisdictions (Form T2203)
  • Prior year tax returns

Internet access is required to use this Service. Service levels and availability will vary based on demand and capacity and are subject to change without notice. To ensure a good experience and appropriate levels of coverage for everyone using the Service, the tax expert may terminate the communication at his/her sole discretion after a reasonable period of time (for example 30 minutes), or if it is otherwise determined that you are misusing or unnecessarily extending the duration of the communication. Intuit reserves the right to terminate this Service at any time.

Pursuant to Canada Revenue Agency (CRA) guidance, be advised that any federal tax advice given to you, including anything provided to you in writing, is not intended to be used, and it cannot be used, by any person or entity for the purpose of avoiding penalties imposed under the Canadian Income Tax Act and Regulations.

Our review service is provided to you based on your tax returns and the information you provide to the reviewer. You understand and agree that the tax reviewer is not able to verify the information you provide, and that if you provide or entered incorrect or incomplete information, the information provided to you may not be accurate. You understand and agree that the tax reviewer will not sign your tax return. You have the sole responsibility for reviewing your tax return(s) and confirming their overall accuracy and completeness prior to filing.

You are responsible for the overall accuracy of the data in your final tax return.

TurboTax Live does not include any legal or investment advice, tax, estate or investment planning, or other areas of advice.

Help and Support.Intuit may use a variety of methods (e.g., in-product, Internet, fax, email, chat and phone) to provide technical support and customer service in connection with the Services. You may choose to allow an Intuit agent to remotely view (only) your computer via the Internet to provide help, where you may need to follow some instructions to enable such viewing. The terms and conditions governing the offering of this support, some of which require the payment of an additional fee, are subject to change as made available by Intuit from time to time. Consult the Intuit Support website (currently, http://support.intuit.ca http://support.intuit.ca) for the most up-to-date information relating to this support and any associated charges.

5. CONSUMER INFORMATION/PRIVACY.

The details of Intuit’s Privacy Policy relating to the Services are set forth at www.intuit.ca/en/intuit/privacy_index.jsp. Questions about the Software Privacy Policy, our information practices or other aspects of privacy should be directed to www.intuit.ca/en/intuit/privacy_index.jsp or Intuit Canada ULC c/o Privacy Officer, 5100 Spectrum Way, Mississauga, ON L4W 5S2.

We may use device-printing technology on your connected computer or mobile device to recognize the device to detect and prevent fraudulent activity. We may report and share information about your account and your connected device to credit bureaus, consumer reporting agencies, fraud prevention associations and card associations. Late payments, missed payments, or other defaults on your account may be reflected in your credit report and consumer report. We may also share information with other companies, lawyers, credit bureaus, agents, government agencies and card associations in connection with issues related to fraud, credit or debt collection.

You may provide us with your telephone number as part of your customer record or registration or via other method. You understand and agree that the Services may require multiple sources of information about you to confirm your identity and help ensure the security of your personal use of TurboTax, often referred to as “multi-factor authentication” (“MFA”). Part of the MFA identity authentication and verification process may involve Intuit sending text message(s) containing security code(s) to your telephone number. You agree to receive these text message(s) from Intuit containing security code(s) as part of the MFA process. In addition, you agree that Intuit may send automated text messages and pre-recorded voice messages to the telephone number you provide for certain limited purposes, including: verifying your identity, providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services.

6. TRADEMARKS/COPYRIGHTS.

Intuit, the Intuit logo, TurboTax, TurboImpot and the TurboTax logo, among others, are registered trademarks and/or service marks of Intuit Inc. in the United States and/or Canada and other countries. QuickTax is the registered trademark of LexisNexis Canada Inc., used by Intuit Canada under license.

Microsoft, Windows, and Microsoft Internet Explorer are registered trademarks of Microsoft Corporation. Any other product names, trademarks, service marks or registered marks, symbols, trade names, company names and/or logos which appear within this product are the property of their respective owners. Such marks are protected by Canadian law on trademark and unfair competition and may also be registered in the Canadian Intellectual Property Office and/or in the U.S. Patent and Trademark Office.

Copyright © 2017 Intuit Canada ULC or one of its affiliates. All rights reserved.

November 2017 (Canada)

B.  ADDITIONAL TERMS FOR TURBOTAX FREE SERVICES (“Service”)

Your use of the Services provided by Intuit are subject to the General Terms of Service above and the Additional Terms and Conditions below.  These Additional Terms and Conditions shall prevail over any conflict or inconsistency with the General Terms of Service above. Capitalized terms not otherwise defined below have the meanings provided in the General Terms of Service.

1. LICENSE GRANT AND RESTRICTIONS.

1.1. License. You are hereby granted a limited, nonexclusive, nontransferable, revocable license to use the Services using your computer or mobile device, solely for the purpose of preparing and filing your 2017 personal income tax returns, where supported by the Services.

1.2 Number of Returns. You may use the Services to prepare up to 20 (twenty) returns and after proper registration, to file such return(s) electronically or by printing and mailing to the CRA.

1.3. Additional Examples of Restrictions on Use. You may not use the Services to prepare tax returns, schedules or worksheets on a professional or commercial basis (i.e., for a preparer's or other fee).

2. FEES AND PAYMENT.

The TurboTax Free Services are free. However, if you need to upgrade to a different version of TurboTax fees may apply and prices are ultimately determined at time of print or NETFILE and are subject to change without notice. If you upgrade, you should confirm that the pricing for your use of the upgraded Services has not changed, particularly if some time has passed between the date you start your tax return and the date you finish and are ready to file or print and pay for it. The price for your use of any upgraded Service is established at the time you pay for it. Your price will not change once you pay for the upgraded Service.

You may be required to pay fees and charges to third parties in connection with your use of the Services. For example, your mobile phone service provider may impose charges for use of your mobile device in connection with the use of the Services, including fees for data transmissions and/or other charges. It is your responsibility to understand and pay for all such charges.

3. SERVICES.

3.1. Services. The term “Services” includes any Intuit tax preparation software or service made available through a third party or Intuit website. The Services may include functionality designed to read data from images of forms (for example T4) photographed using a mobile phone. This functionality may be limited to certain forms that the Services can read. If the form that you photograph and submit through the Services is not supported, you may need to manually enter your data. You are responsible for authorizing and verifying the accuracy of the information that is imported through this feature, if offered>.

3.2. Data Import Services. The Services may include a feature that allows you to import, where applicable, certain information from certain third parties, including but not limited to: participating financial institutions, payroll processors, government agencies, personal financial software or business financial software. You are responsible for authorizing and verifying the accuracy of the information that is imported.

3.3 Electronic Filing Services. If you would like to file your tax return electronically, the Services may provide you with an opportunity to file electronically via One Click Netfile with the Canada Revenue Agency (“CRA”) (individually, a “tax authority” or together the “taxing authorities”). If you select this option, Intuit will send you a confirmation of the submission to the CRA after sending your tax return to the taxing authorities on your behalf. Intuit will store your tax file on our servers in accordance with our Privacy Policy. You are responsible for ensuring that your tax return is submitted to the proper taxing authority. Intuit does not guarantee that the taxing authority will accept your tax return. You are entirely responsible for verifying the status of your tax return to confirm that it has been received and accepted by the taxing authority and, if necessary, resubmitting it electronically or filing it manually.

3.4 Data Transfer to Other TurboTax Products. If you require additional features and functionality for your tax preparation, you may be able to transfer the data entered through the Services to Intuit’s other TurboTax products. Such data may be transferred once only and you may be subject to different fees and terms included with the applicable TurboTax product. Once the data is accessed in the alternateTurboTax product, the data collected through the Service cannot be re-transferred.

3.5 Storage/Deletion of Your Tax Return File. Except to the extent required by applicable law, Intuit has no obligation to store or maintain any tax return files. However, in its sole discretion, Intuit may retain your tax return file during the term of this Agreement.

3.6 Availability of Services. Intuit is not responsible for the late filing of your tax return due to any discontinuation of, or interruption in, the TurboTax Free Services, and you acknowledge that you should file your tax return as early as possible to meet any filing deadlines. You acknowledge that the sole means to ensure that you have an up-to-date record of your tax return file is for you to print and/or download your tax return file after making any modifications thereto. Intuit will not be responsible or liable for your failure to do so.

4. HELP AND SUPPORT.

Intuit may use a variety of methods (e.g., in-product, Internet) to provide technical support and customer service in connection with the Services. The terms and conditions governing the offering of this support, which may require the payment of an additional fee, are subject to change as announced by Intuit from time to time. Consult Search function within TurboTax Free for the most up-to-date information relating to this support and any associated charges.

5. GUARANTEE.

TurboTax Accurate Calculation Guarantee. Intuit works diligently to ensure the accuracy of the calculations on every form prepared using the Services. If you are a registered user using the most recent updated version available prior to filing your return and you pay a federal or provincial government penalty and/or interest solely because of a calculation error on a form prepared using the Services, and not as a result of, among other things: your failure to enter all required information accurately or your misuse of the Services; your negligent, willful or fraudulent (a) omission of pertinent information, or (b) inclusion of inaccurate information on your tax return; your misclassification of information on your tax return; or your failure to file an amended tax return to avoid or reduce your penalty and/or interest after Intuit announced updates or corrections to the Services in time for you to file an amended tax return, then Intuit will pay you in the amount of the federal or provincial government penalty and/or interest paid by you to such federal or provincial government. If you believe such a calculation error occurred, and you have complied with the conditions in this paragraph, you must notify Intuit in writing at: Intuit Canada, Attention: TurboTax Returns Dept., 5100 Spectrum Way, Mississauga, ON L4W 5S2 as soon as you learn of the mistake (and in no event later than thirty (30) days after the penalty and/or interest is assessed). Your written notice must also include a copy of your Notice of Assessment or Notice of Reassessment from the Taxing Authority. By filing such a claim, you authorize Intuit to obtain and review any data files that may be in Intuit's possession or control, as well as any materials provided by you in order to evaluate and validate your claim. You are responsible for paying any additional tax liability you may owe, and providing assistance and additional information as reasonably requested by Intuit to validate your claim.

6. USER ID AND PASSWORD SECURITY.

You are the only person authorized to use your user ID and password and for maintaining the confidentiality of your user ID and password. You shall not permit or allow other persons to have access to or use your user ID and password. You are responsible for the use of the Services under your user ID. Intuit will not disclose your password if you lose or forget it. If you have not electronically filed or printed your tax return, you must create a user ID and password in order for you to access your tax return data at a later date. You must remember your user ID and password to electronically transfer your tax return information into next year's tax return. If you do not complete your tax return prior to May 1, your tax return information will be deleted from our system.

You may provide us with your telephone number as part of your customer record or registration or via other method. You understand and agree that the Services may require multiple sources of information about you to confirm your identity and help ensure the security of your personal use of TurboTax Free, often referred to as “multi-factor authentication” (“MFA”). Part of the MFA identity authentication and verification process may involve Intuit sending text message(s) containing security code(s) to your telephone number. You agree to receive these text message(s) from Intuit containing security code(s) as part of the MFA process.  In addition, you agree that Intuit may send automated text messages and pre-recorded voice messages to the telephone number you provide for certain limited purposes, including: verifying your identity, providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services.

7. PRIVACY OF PERSONAL AND TAX RETURN INFORMATION.

The details of Intuit’s Privacy Policy relating to the Services are set forth at http://www.intuit.ca/about-intuit-canada/info/privacy-policy.jsp.

Questions about the Software Privacy Policy, our information practices or other aspects of privacy should be directed to Intuit Canada ULC c/o Privacy Officer, 5100 Spectrum Way, Mississauga, ON L4W 5S2.

We may use device-printing technology on your connected computer or mobile device to recognize the device to detect and prevent fraudulent activity. We may report and share information about your account and your connected device to credit bureaus, consumer reporting agencies, fraud prevention associations and card associations. We may also share information with other companies, lawyers, credit bureaus, agents, government agencies and card associations in connection with issues related to fraud, credit or debt collection.

8. LIMITATION OF LIABILITY AND DAMAGES.

YOU UNDERSTAND THAT INTUIT WILL NOT AUDIT OR OTHERWISE VERIFY ANY INFORMATION YOU PROVIDE, AND IS NOT RESPONSIBLE FOR DISALLOWED DEDUCTIONS, OR THE INCLUSION OF ADDITIONAL UNREPORTED INCOME OR RESULTING TAXES, PENALTIES OR INTEREST.

EXCEPT FOR THE REIMBURSEMENT FOR CALCULATION ERRORS DESCRIBED IN SECTION 6 OF THESE SUPPLEMENTAL TERMS, THE ENTIRE CUMULATIVE LIABILITY OF INTUIT AND ITS SUPPLIERS FOR ANY REASON ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED AS SET FORTH IN SECTION 8 OF THE GENERAL TERMS.

INTUIT SHALL NOT BE LIABLE LOSS OF PROFITS OR INVESTMENT, TAX POSITIONS TAKEN BY YOU, INABILITY TO FILE YOUR RETURN, DELAY IN PREPARING YOUR TAX RETURN, INCORRECT OR INCOMPLETE INFORMATION PROVIDED TO INTUIT, ANY ACCESS TO, OR USE OF, YOUR PASSWORD AND USER ID BY AN UNAUTHORIZED PERSON.

INTUIT SHALL BE NOT BE LIABLE FOR ANY DEFAULT OR DELAY IN THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT ITS PERFORMANCE IS DELAYED OR PREVENTED DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, SUCH AS ACTS OF GOD, NATURAL DISASTERS, TERRORIST ACTS, WAR OR OTHER HOSTILITIES, LABOR DISPUTES, CIVIL DISTURBANCES, THE ACTIONS OR OMISSIONS OF THIRD PARTIES, ELECTRICAL OR COMMUNICATION SYSTEM FAILURES, OR GOVERNMENTAL ACTION.

9. MISCELLANEOUS MATTERS.

You agree that Intuit is not acting as your agent or fiduciary in connection with your use of the mobile application or any Services.

Intuit may use a variety of methods (e.g., in-product, Internet, fax, email, chat and phone) to provide technical support and customer service in connection with the Services. The terms and conditions governing the offering of this support, some of which require the payment of an additional fee, are subject to change as made available by Intuit from time to time. Consult the Intuit Support website (currently, http://support.intuit.ca) for the most up-to-date information relating to this support and any associated charges.

November 2017 (Canada)