TERMS &CONDITIONS

Last Modified: June 26, 2025

Acceptance of the Terms & Conditions

These terms and conditions (“Terms”) are entered into by and between you and Smart Start Canada, ULC (“Company,” “we,” or “us”) and govern your use of and access to smartstartcanada.ca, myportal.smartstartcanada.ca, and any other websites, mobile and other applications, or services  where we place or link these Terms (each individually a “Site” and collectively, the “Sites”), including any information, features, Content, functionality, and services offered on or through Sites (collectively, with the Sites, the “Service”), whether as a guest or a registered user.  Certain areas within the Service may be governed by additional terms and policies (“Additional Terms”). By using those areas of the Service, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms, and any reference to these Terms & Conditions includes the Additional Terms.  To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless they expressly state otherwise.

Please read the Terms carefully before you start to use the Service. By using the Service or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms. Any person or entity who interacts with the Service through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Service. If at any time you do not agree to any of these Terms, do not use or access the Service and delete any application from your device.

The Service is offered and available to users who are the age of majority in their jurisdiction or older and may only be used by residents of Canada.  If you use the Service outside of Canada, you do so at your own risk and are responsible for complying with all applicable laws.  By using the Service, you represent and warrant that you are of the age of majority in your jurisdiction to form a binding contract with the Company. If you are not of the age of majority in your jurisdiction, you must only use the Service under the supervision of your parent or legal guardian who agrees to the Terms.  If you are a parent or legal guardian agreeing to the Terms, you must monitor and supervise the use of the Service by the minor and you are fully responsible for the minor’s use of the Service, including all financial charges and legal liability that such minor may incur.

Changes to the Terms

We may revise and update these Terms in whole or in part, from time to time in our sole discretion without prior notice other than as required by law, or provided at our discretion. Without limiting the foregoing, we may amend the following sections of these Terms: Accessing the Service, Account Security, and Updates; License and Access; Unlawful and Prohibited Uses; Patents; User Contributions; Monitoring and Enforcement; Termination; Content Standards; Third Party Materials; Linking to a Site; Mobile Service, Wireless Features and Communications, Internet and Service Fees; Location-Based Features; SMS Terms and Conditions; Disclaimer of Warranties; Limitation on Liability; Indemnification; Governing Law and Jurisdiction; Dispute Resolution; Waiver and Severability; Your Comments and Concerns. If the Terms have been updated, we will post the new Terms on the Service and note the date that it was last updated.  Where required by law or at our discretion, we will send a message to the email address (or other contact information at our discretion) associated with your account, setting out the new clause, or the amended clause and the clause as it read formerly, and the date of the coming into force of the amendment, at least thirty (30) days in advance of the change. If you do not agree with any modification, then you may terminate this agreement and your use of the Services, without cost or penalty by sending us notice to that effect.

Your use of any Site following any such posting constitutes your unconditional agreement to follow and be bound by the Terms as changed.  You are expected to check this page each time you access the Service so you are aware of any changes.

Accessing the Service, Account Security, and Updates

To access the Service or some of the Content or resources it offers, you may be asked to create an account and provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide is correct, current, and complete. You agree that all personal information you provide to register with the Service or otherwise is governed by our Privacy Policy and other privacy notices we provide to you.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Service.
• Ensuring that all persons who access the Service through your internet connection are aware of these Terms and comply with them.

From time to time, we may restrict user access, including registered user access, to some parts of the Service or the entire Service.

We reserve the right to withdraw, amend, modify, or provide updates to the Service, in our sole discretion without notice, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”).  Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features, functionality, or services.  Based on your device settings, when your device is connected to the internet either: (a) all available Updates will automatically be downloaded and installed; or (b) you may receive notice of or be prompted to download and install available Updates. We will not be liable if for any reason all or any part of the Service is unavailable or does not operate properly at any time or for any period, including, without limitation, if you do not promptly download and install all Updates. You further agree that all Updates will be deemed part of the Service and be subject to all terms and conditions of this Agreement.

Intellectual Property Rights

All content included on the Service such as text, graphics, logos, images, data, music, application updates, images, video, and audio, and other material (collectively, the “Content”) and the Service are owned by the Company, its licensors, or other providers of such material and are subject to intellectual property rights, including without in any way limiting the generality of the foregoing, copyrights and trademarks, owned by or licensed to Company or one of its affiliates, and are protected by Canadian, United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  The collection, arrangement, and assembly of all Content on the Service is the exclusive property of Company and protected by copyright law.

License and Access

Subject to these Terms, Company grants you a limited, non-exclusive, revocable, and nontransferable license to access and make personal use of the Service and Content for your personal, non-commercial use only, and only to the extent such use does not violate these Terms, including, without limitation, the prohibitions listed in the “Unlawful or Prohibited Uses” section of these Terms.  You may download, print and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms in any way. To the extent we make mobile or other applications available and such post a link to these Terms, you may download a single copy on a device owned or otherwise controlled by you for your own personal, non-commercial use. Accessing, downloading, printing, posting, storing or otherwise using the Service or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms.  You acknowledge and agree the Service is provided under license, and not sold, to you.  You do not acquire any ownership interest in the Service or the Content, or any other rights thereto other than to access and use the Service and Content in accordance with the license granted, and subject to all terms, conditions, and restrictions, under the Terms. Company and its affiliates, licensors and suppliers expressly reserve and shall retain their entire right, title, and interest in and to the Service and Content, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.

Unlawful or Prohibited Uses

The Service may only be used for lawful purposes in accordance with the terms of the license granted in these Terms. As a condition of your use of the Service, you warrant to Company that you will not use the Service for any purpose that is unlawful or prohibited by these Terms. Whether on behalf of yourself or on behalf of any third party, except as may be expressly permitted by applicable law or expressly authorized by the applicable Site, you agree not to:

1. Use the Service in any way that violates any applicable federal, provincial/territorial, local, or international law or regulation;
2. Make any commercial use of the Service or its Content, including making any collection or use of any product listings, descriptions, prices or images;
3. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms;
4. Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of, use of, or access to the Service;
5. Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Sites, the Service, or any part thereof;
6. Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Sites, the Service, or any part thereof;
7. Remove, delete, alter, or obscure any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Service, including any copy thereof;
8. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service, or any features or functionality of the Service, to any third party for any reason, including by making the Service available on a network where it is capable of being accessed by more than one device at any time;
9. Use or attempt to use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the Content on the Service;
10. Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms, without Company’s prior written consent;
11. Frame, mirror, or use framing techniques on any part of the Service without Company’s express prior written consent or otherwise incorporate the Service or any portion of the Service as part of any other mobile application, website, or service;
12. Make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Service content, or otherwise scrape, collect, store or use any Content, account information, product listings, descriptions, prices or images, except pursuant to the limited license granted by these Terms;
13. Use any meta tags or any other hidden text utilizing Company’s or its affiliates names or marks;
14. Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Service;
15. Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service;
16. Tamper with the Service or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with, damage, or disrupt the working or functionality of the Service or any activity being conducted on the Service;
17. Conduct fraudulent activities on the Service;
18. Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
19. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

 

1. Violate or attempt to violate the security of the Service, whether in an automated fashion or otherwise, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are (a) not authorized to access or, (b) in the case of a user account, not the registered user of such account; (ii) trying to change the behavior of the Service; (iii) attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with Service to any user, host or network, including, without limitation, via means of submitting malware to the Service, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (v) forging any header or any part of the header information in any email or posting; (vi) attempt to gain unauthorized access to any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service; or (vii) forging communications on behalf of the Service (impersonating the Service) or to the Service (impersonating another user whether such user provided their approval for such action(s) or not);

1. Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Service;
2. Use the Service in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems; or
3. Otherwise attempt to interfere with the proper working of the Service.

 

User Contributions

The Service may allow you to submit content or materials to us on or through the Service, or by means other than the Service, including, but not limited to, documents, notes, text, images, comments, biographic information, and digital files (collectively, “User Contributions“).

All User Contributions must comply with the Content Standards set out in these Terms.

By providing any User Contribution on the Service, you grant us and our affiliates and our respective successors and assigns a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete, translate, publish, creative derivative works from, perform, display, distribute, and otherwise disclose to third parties any such material to create and administer your account, to provide our services to you, including reporting your compliance and noncompliance with the requirements of the entity, agency, or authority responsible for requiring your use of a breath alcohol device or ignition interlock device, to develop and improve our services, accept payments through our third party payment processors, create and maintain a trusted environment, to comply with legal obligations, consistent with your account settings to communicate with you through push notifications, text messaging, phone calls, and other communication channels, and for your personal information, consistent with our Privacy Policy and other privacy notices we have provided to you.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Service.

We have the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion and without notice to you or others. We have the right to take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for the Company.

However, while we reserve the right to do so, we do not undertake to review material before it is posted on the Service and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Monitoring and Enforcement; Termination

We have the right to:

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
• Terminate or suspend your access to all or part of the Service for any reason, including without limitation, any violation of these Terms. Upon termination (a) all rights granted to you under the Terms will also terminate and you must cease your use of the Service and to the extent applicable, delete all copies of the Service from your devices.  Termination will not limit any of Company’s rights or remedies at law or in equity.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through, or otherwise using, the Service. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SUPPLIERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Content Standards

These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, provincial/territorial, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or other prohibited ground of discrimination.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reliance on Information Posted

The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

To the fullest extent permitted by applicable law, we disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

We may update Content from time to time, but Content is not necessarily complete or up-to-date. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material.

Third Party Materials

The Service may display, include, or make available third-party content (including, without limitation, data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services (“Third-Party Materials“). All statements and/or opinions expressed in Third-Party Materials are solely the opinions and the responsibility of the person or entity providing those materials. Third-Party Materials do not necessarily reflect the opinion of the Company. Any interactions, transactions, and other dealings that you have with any third parties found on or through the Service are solely between you and the third party. You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions, including privacy and data gathering practices.

Linking to a Site

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Service or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Service other than the homepage.
• Otherwise take any action with respect to the materials on this Service that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any links at any time without notice in our discretion.

 

Mobile Service, Wireless Features and Communications, Internet and Service Fees

The Service may offer features that are available to you via your mobile device(s) and wireless mobile data service including the ability to access the Service’s features, upload content to the Service, and receive communications from the Service (including, without limitation, push notifications, text messaging, phone calls, and email notifications) (collectively, “Wireless Features”).  The use of Company mobile applications requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services from your wireless carrier and obtaining a suitable device, including, without limitation, all usage charges related thereto.

If you have selected or registered via the Service for Wireless Features, then you agree to notify the Company of any changes to your wireless contact information (including phone number) and update your accounts on the Service to reflect the changes. If the Service includes push notifications or other mobile communication capability, you hereby approve our delivery of electronic communications directly to your mobile device(s). These notifications, including badge, alert or pop-up messages, may be delivered to your device even when it is running in the background. You may have the ability, and it is your responsibility, to control the notifications you do, or do not, receive via your device(s) through your device settings. You may be required to send and receive, at your cost, electronic communications related to the application and/or Service, including without limitation, administrative messages, service announcements, diagnostic data reports, and updates, from Company, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the application and/or Wireless Features, and your carrier may deduct charges from pre-paid amounts or data allowances, for which you are responsible. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the application or Wireless Features, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the application or Wireless Features. The application and Wireless Features may not work with all devices or all mobile carriers. Company makes no representations that the application and Wireless Features will be compatible with or provided by all mobile carriers. Contact your carrier with questions regarding these issues.

SMS Terms and Conditions

1.) These terms and conditions apply to SMS text messages sent by Company. These messages can be recurring or one-time SMS text messages.

2.) You can cancel the SMS service at any time. Just text “STOP” in response to the text message you received. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from that particular short code or number, as applicable. If you want to restart the text messages, you will need to provide your consent again.

3.) Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date, time and content of your messages and other information you provide to Company as part of this service. Company may use this information to contact you and provide services you request from Company. Company may also use this information as described in the subscription list you’ve enrolled in. Company may use an automatic dialing system to deliver text messages to you.

4.) As always, message and data rates may apply for any messages sent to you from us and to us from you. If enrolled in a subscription, the maximum number of messages per month you will receive will vary. If you have any questions about your text or data plan, it is best to contact your wireless provider.

5.) Company will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

TO THE FULLEST EXTENT PROVIDED BY LAW, YOUR USE OF THE SERVICE OR INFORMATION, MATERIALS, OR OTHER ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE OR INFORMATION, MATERIALS, OR OTHER ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE OR INFORMATION, MATERIALS, OR OTHER ITEMS OBTAINED THROUGH THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE OR INFORMATION, MATERIALS, OR OTHER ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR INFORMATION, MATERIALS, OR OTHER ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS, SUPPLIERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON IT OR SUCH OTHER WEBISTES FOR:

(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICE.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Indemnification and Release

You agree to release, defend, indemnify, and hold harmless the Company, its affiliates, licensors, and suppliers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Contributions, any use of the Content or the Service, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.

Governing Law and Jurisdiction; Dispute Resolution

This section applies for users that are not individuals resident in the province of Quebec. These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein except in cases where the laws of the Canadian jurisdiction in which you reside requires that the laws of such jurisdiction to apply, in which case the laws of such jurisdiction shall apply. The exclusive jurisdiction for any claim, action or dispute with the Company or relating in any way to your use of the Service or an Order or purchase made through the Service will be in the courts of the Province of British Columbia unless required otherwise by applicable laws of your province of residence. It is the express wish of the parties that these Terms and all related documents be drawn up in English.

No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Company and you arising out of or in connection with these Terms, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may pursue any right or remedy available to them under applicable law.

Limitation on Time to File Claims

TO THE FULLEST EXTENT PROVIDED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Your Comments and Concerns

This website is operated by Smart Start Canada ULC, 120-2899 Broadmoor Blvd Sherwood Park, AB T8H 1B5. You may also contact us at 1-844-432-4776.

All feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: CanadaEscalations@smartstartcanada.ca.

Auto-Payment Terms

By enabling Autopay, I authorize Smart Start Canada ULC (“Company”) to charge my credit card as indicated in this autopay setup and agree to the auto-payment terms below.  This means that Company will charge my credit card regularly and will not require my direct authorization for each transaction.  I understand that Company will send me an email to notify me of each autopayment transaction.  Yes, Credit and Debit are taken, as Debit cards are processed online as credit cards.   In addition, you represent and warrant that you are of the age of majority in your jurisdiction to form a binding contract with the Company.

You hereby authorize Company to automatically charge or debit, as applicable, to the payment method provided to Company the lease fee for your device and if you elected to participate in the optional loss prevention plan and/or Smart IDLE, the fees associated with these  optional services, set forth in your service agreement with Company.  You understand that because this is an electronic transaction, these funds may be withdrawn from your account or charged up to three days prior to your paid through date. You also authorize Company to store the payment method information you provided to Company and authorize Company to charge any amounts outstanding upon expiration or termination of your agreement with Company or your termination of the lease of the ignition interlock device or related services.  By accepting these auto-payment terms, you certify you are the owner of the payment method or have authorization to use the payment method information provided, and you are authorized to make charges to or debit from, as applicable, and permit Company to store the payment method information you provided. If any debits or charges are not honored or are returned due to non-sufficient Funds (“NSF”), if any credit or debit card is denied, or you cancel any payment then the ignition interlock device may become inoperable for non-payment of lease of the ignition interlock device and/or services rendered. In the case of a transaction being rejected for NSF, you understand that Company may at its discretion continue to attempt to process the charge. If any account or payment method information changes, You agree to immediately notify Company and provide Company with updated account and payment method information. You acknowledge that, if your card-issuing bank participates in a card updater program and unless you opt-out of this service, your bank may provide Company with updated card numbers and expiration dates, and Company will update its files with this information and continue to charge your card.  You agree not to dispute this recurring billing with your bank and/or credit card company so long as the transactions correspond to the terms indicated in this authorization form.

You understand that this authorization will remain in effect until you call company at 1-844-432-4776 or send an email to CanadaEscalations@smartstartcanada.ca to terminate such authorization.