INTUIT TERMS OF SERVICES FOR TurboTax Audit Defence Tax Year 2023

Thank you for selecting the Services offered by Intuit Canada ULC and/or its subsidiaries or 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 creating an account, 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

1.1 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
  • Additional terms and conditions, including any terms provided separately to you in relation to the Services, including product or program terms, pricing and offer terms, ordering, activation and payment terms, disclosures and disclaimers, etc.; and
  • Any third-party terms and conditions.
1.2 You must be at least 18 years of age to use our Services. By accessing or using our Services you agree that:
  • You can form a binding contract with Intuit;
  • You are not a person who is prohibited from receiving the Services under the laws of the Canada or any other applicable jurisdiction; and
  • You will comply with this Agreement and all applicable local, provincial, national, and international laws, rules, and regulations, including import and export regulations.

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 certain specific, limited rights to access and use the Services and only for the purposes described herein. 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, non-exclusive, non-transferable right and license to access and use the Services solely for the purpose(s) and in accordance with the terms set forth below.

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; or
  • Make the Services available on any file-sharing or application hosting service.

3. PAYMENT

For Services offered for a fee, the following terms apply, unless Intuit or its third party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes offer, 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 payment mechanism will be debited when you provide your payment information and purchase access to use the Services, unless stated otherwise in the offer, 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. By another payment option Intuit provides to you in writing.

4. USE WITH YOUR MOBILE DEVICE

Use of these Services may be available through a compatible mobile device, requiring Internet access and certain specific operation system and mobile application 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

5.1 Personal Information We Receive. We may receive personal information from you:
  • through your use of the Services
  • where you allow us to collect Usage Data (defined below); and/or
  • you request support services or require technical assistance

By using the Services or taking one of the actions described above, you acknowledge that Intuit will process your personal information as described in our Privacy Statement.

5.2 Multifactor Authentication. 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 mobile phone number. You agree to receive these text message(s) from Intuit containing security code(s) as part of the MFA process.

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 or 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, remove 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, 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. We may tell you about other Other Intuit services. You may be offered other services, products or promotions by Intuit ("Other Intuit Services"). Additional terms and conditions and fees may apply. With some Other 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 you, your business (if provided by you) and your experience to help us to provide the Other 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. Intuit may also need to send you notifications about the Services, including but not limited to account, Service status, security and payment-related notifications. You agree that Intuit may send these communications to you via email, mobile push notifications or, where applicable, by posting notices for all users 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 OF A LICENSE TO USE 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 TO USE THE SPECIFIC VERSION(S) OF THE SERVICES YOU ACCESS AND USE UNDER THIS AGREEMENT. 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 after such modifications indicates your agreement to such modifications.

11. TERMINATION

Intuit may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services, related products 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 and 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.

DISPUTES

To the fullest extent permitted by applicable law, controversies or claims in connection with this Agreement or breach thereof, shall be determined by arbitration administered by ICDR Canada in accordance with its Canadian Arbitration Rules. The number of arbitrators shall be one, the place of arbitration shall be the City of Toronto, Ontario, Canada and the language of the arbitration shall be English. The award by the arbitrator shall be final and binding on the parties and the arbitration process shall be confidential. Each party will be responsible for its own costs of arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be brought in the parties' individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. This Section shall survive expiration, termination or rescission of this Agreement.

15. 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 en français.

16. 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 attempted assignment by you 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.

17. 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. 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.

November 2023 (Canada)

______________________

B. ADDITIONAL TERMS AND CONDITIONS FOR THE INTUIT TURBOTAX AUDIT DEFENCE SERVICES (“SERVICES”)

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

1. SERVICES

1.1 Audit. Through the TurboTax Audit Defence Services, Intuit will professionally defend a covered income tax audit or notice from the time of the first notice to its completion and determination by the relevant tax authority, subject to the terms herein. “Audit” refers to any communication, including telephone calls, initiated by the Canada Revenue Agency (“CRA”) or Revenu Québec Provincial income tax agency that wishes to audit, examine, review, investigate or verify any item or items on the CRA income tax forms or Revenu Québec Provincial equivalent listed on the membership email regarding your Tax Year 2023 tax return.

1.2 Audit Defence. Through the Services, Intuit will defend you through the completion of any income tax audit by the relevant tax authority for an income tax filing made between the Acceptance Date as identified on the membership certificate until three (3) years after the Acceptance Date. Audit notification must be dated after the acceptance date listed on the membership certificate, subject to the limitations and exclusions listed in the membership certificate and this agreement. Intuit will not provide any legal services and will not provide any services or representation related to any court action by you or by the relevant tax authority or agency.

1.3 Additional Audit Defence Services.

Intuit will:

a. Assign an Audit Representative(s) to manage your case while supported by TurboTax Audit Defence as described in Section 1.1 and 1.2;

b. Handle related communications, including letters and/or telephone calls with the CRA regarding the audit;

1.4 Acceptance Date. Note that your Acceptance Date shall be the date Intuit receives your membership application and payment and your application is approved for the Services. Your Acceptance Date shall appear on the membership email.

1.5 Statute of Limitations. The Statute of Limitations refers to the time the CRA or Revenu Québec has to audit your 2023 tax return. Period of Membership: Period of Membership is the period commencing with the Acceptance Date and ending with the expiration of the normal statute of limitations period under law. Audit Representative(s) means the Intuit audit representative(s) who will be assigned to your audit case who may be an employee or outside contractor engaged by Intuit.

2. YOUR RESPONSIBILITIES

2.1 You agree to perform or provide the following:

a. Upon receipt of any communication from the CRA or Revenu Québec, if you are using TurboTax Desktop, promptly call Intuit at 1-866-543-8917; if you are using TurboTax Online sign in to TurboTax and connect with an expert from the return manager. You may also be offered an appointment scheduling or call back option. Do not contact the CRA or Revenu Québec prior to contacting Intuit. To ensure effectiveness of the Services you must use your assigned Intuit Audit Representative(s) as your only contact with the CRA or Revenu Québec. If you have contact CRA or Revenu Quebec before contacting us, we will not be able to assist with that matter. Delays may limit our ability to defend your case.

b. Provide your signature(s) on the required CRA Represent a client authorization Form or RQ form MR-69 (as applicable) or provide authorization via CRA My Account or Revenue Quebec My Account (as applicable) and return to the Audit Representative(s) in a timely manner. This will enable your Audit Representative(s) to communicate with the CRA or Revenu Québec on your behalf.

c. Provide in a timely manner via TurboTax Intuit Link or other document repository as instructed by your Intuit Audit Representative the information and documentation necessary to substantiate the various items of income and expense in question so that your Audit Representative(s) can prepare your defence.

4. Comply with the audit procedure and strategy actions recommended by Intuit and any of the Audit Representative(s) working on your behalf. You agree that Intuit is not obligated to assert any argument or take any action on your behalf where Intuit, in its professional judgment, deems such argument or action incorrect or otherwise inconsistent with governing law or regulation. If you are unable to fulfill your responsibilities described herein, Intuit cannot be responsible for the outcome of your audit and reserves the right to cease providing Services where reasonably warranted.

3. LIMITATIONS

Intuit does not provide legal assistance, nor represent our members in Federal or Provincial Court, including Tax Court. Intuit does not provide legal assistance in defending issues of civil or criminal fraud. Intuit may offer to amend your Federal or Provincial tax returns. Intuit will not reconcile your chequebooks, organize records or do record keeping or bookkeeping. Intuit does not provide assistance for collection notices when we did not defend the audit. If you have a collection notice from the CRA or Revenu Québec it may not be considered an audit or notice and may not be covered by the Services, as determined in Intuit’s reasonable sole discretion.

4. EXCLUSIONS

Certain audits, tax returns, and issues of audit may be excluded from the Services for any of the following reasons:
  • Pre-existing conditions – If the date on the notice of audit from the CRA or Revenu Québec is prior to the Acceptance Date of this Agreement, the Services for that audit are excluded.
  • Ownership interest in other tax entities - If you have an ownership interest in a Corporation, Partnership, LLC, LLP, Trust, Estate, or Tax Shelter that has been contacted for an audit and is not a TurboTax user, the Services for that tax entity are excluded.
  • Tax protestors – Intuit will exclude anyone protesting the taxing of income on economic, religious, legal or constitutional grounds, or other frivolous claims.
  • Criminal Investigations Program – If you are currently under investigation by the Criminal Investigations Program, you are excluded from the Services. For any audit that Intuit is defending in which the Criminal Investigations Program enters the audit, Intuit will cease working that audit and will exclude the member from further audit defence services until completion of the Criminal Investigations Program investigation. When the Criminal Investigations Program investigation is completed, Intuit will resume the Services, if possible.
  • Other taxes – Your Audit Defence Plan is limited to the type of income tax return listed on the membership certificate.
  • Detailed financial audits, GST/HST, and other non-income tax audits and reviews, unless the issues are ancillary to the income tax review itself, are excluded from the Services.

5. 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 the Services, 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. 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. You further agree that you are solely responsible for the accuracy of the data you input into, or provide to, the Services.

7. Tax return information for the Services for Tax Year 2023 is not accessible in TurboTax Online after November 30, 2027 and shall not be supported in TurboTax Online beyond that date.

8. 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 are responsible 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 user 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 of providing authentication information and the ability to reset your password, if available. You understand and agree that anyone with access to your user account can access all of the returns and other documents associated with that account, including personal information contained within each return. You are responsible for the security of your account, and you agree not to share your username and password with anyone else.

9. 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 or mobile device, where applicable.

10. 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, Intuit will retain and provide you access to your 2023 tax return until November 30, 2027. 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.

11. Intuit is not responsible for the late filing of your tax return due to any discontinuation of, or interruption in, the 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.

12. Pursuant to CRA or Revenu Québec guidance, be advised that any tax assistance 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.

13. The Services are provided to you based on your tax returns and the information you provide to the Audit Representative. You understand and agree that the Audit Representative is not able to verify the information you provide and that if you provide or enter incorrect or incomplete information, the information provided to you or to the relevant tax agency may not be accurate. You agree that you have the sole responsibility for providing accurate information to Intuit and for reviewing all information provided to relevant tax agencies and confirming its overall accuracy and completeness prior to submission or filing. You agree you are responsible for the overall accuracy of the data in your final tax return.

14. The Services do not include any legal or investment advice, and do not include any tax, estate or investment planning advice.

15. You will be required to upload or otherwise provide the Audit Representative with access to all necessary supporting tax documentation (e.g., T4, Authorize a representative, etc.) as requested by the Audit Representative. Some documents may require your signature prior to being sent to us and/or to being provided in hardcopy form. If your Audit Representative provides you with the option to mail your supporting documentation, you are responsible for maintaining copies of all such documentation. You agree that Intuit is not responsible for any items lost or destroyed during mailing. Additionally, you are encouraged to maintain a copy of your final tax return and all supporting documentation.

16. The following tax-related topics are not included as part of the Services even if your tax return relates to any of the following:


17. Except to the extent required by applicable law, Intuit has no obligation to store or maintain any tax return files beyond the required period. However, Intuit may be required by law or otherwise to retain certain documents, even if you choose not to complete your tax return with Intuit.

18. Availability of the Services: Intuit is not responsible for the late filing of your tax return and associated documentation due to any discontinuation of, or interruption in the Services. 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 a copy of 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.

19. You Are Responsible for the Accuracy of Your Response Letter. All tax advice relating to the preparation of your response letter and the work necessary to prepare that letter will be provided by the Audit Representative who will prepare and file your letter as the audit representative and have responsibility for the overall substantive accuracy of calculations in the return. However, you are responsible for providing accurate and truthful data and other information to the Audit Representative and for reviewing your response letter before it is filed to verify its overall completeness and accuracy. You understand and agree that you are ultimately responsible for the accuracy and truthfulness of your response letter(s).

20. 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 your version of 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 are subject to change as made available by Intuit from time to time. Consult the Intuit Support website (currently, http://redirects.intuitcanada.com/help/en/fixed/3240 http://support.intuit.ca) for the most up-to-date information relating to this support and any associated charges.

21. 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.

November 2023 (Canada)