Planworth – TOS OPB

1. Acceptance.

  1. Pursuant to these terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions” or this “Agreement”), that apply to https://retirementplanner.opb.ca, a self-service tax, estate, and financial planning application for individual and personal use, (the “Application”) and the services offered on or through the Application, (the “Services”), the Services are offered by Ontario Pension Board (“OPB”) and its approved subcontractors (“Provider”, “us”, “we”, “our”) to the “Account Holder.
  2. These Terms and Conditions govern your access to and/or use of the Services.
  3. BY CLICKING TO ACCEPT THESE TERMS AND CONDITIONS, YOU AGREE THAT YOU ARE LEGALLY BOUND BY THEM.
  4. IF YOU DO NOT AGREE TO ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICES.

2. Interpretation.

  1. For purposes of these Terms and Conditions, the capitalized terms below shall bear the meaning ascribed to them as follows (unless otherwise defined herein):
    1. Account” means an account for Services provided to, obtained by, or registered with, you, as an OPB member.
    2. Account Holder” or “User” means you, an OPB member and the holder of an Account.
    3. Errors” means any bugs, defects, delays, hindrances, or other errors.
    4. Privacy Policy” means OPB’s privacy policy.
    5. User Data” means all information, data, and other content, in any form or medium, that Users submit or otherwise transmit using the Services.

3. Use of the Services, Account Set-Up and Security.

  1. Although we do our best to protect User Data, we cannot guarantee the security of User Data transmitted to the Services. Any transmission of User Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.
  2. Your Account is personal to the User and you agree not to provide any other person with access to the Services or portions of it using such username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
  3. You are prohibited from attempting to circumvent and from violating the security of the Services, in any manner whatsoever.

4. Disclaimer of Warranty.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT YOU MAY NOT RELY ON THE PERFORMANCE, OUTPUTS OR ANY OTHER ASPECT OF THE SERVICES. NOTWITHSTANDING ANYTHING IN THESE TERMS AND CONDITIONS, THE SERVICES ARE PROVIDED “AS IS” AND PROVIDER DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PROVIDER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PROVIDER MAKE NO WARRANTY OF ANY KIND THAT THE SERVICES OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON’S OR ENTITY’S REQUIREMENTS OR EXPECTATIONS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OF YOUR OR ANY THIRD PARTY’S SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

5. Additional Disclaimers.

FURTHER, YOU ACKNOWLEDGE THAT:

  1. We disclaim any and all responsibility or liability for any unauthorized use your Account.
  2. The contents of any plans, recommendations or calculations or any other output of the Services are provided for educational or general information purposes only and do not constitute legal, tax, investment or other professional advice or an opinion of any kind and will not be relied upon as such by you or others;
  3. The contents of any plans, recommendations or calculations or any other output of the Services are for your sole use and for no other purpose;
  4. Provider is not verifying the facts, assumptions and any User Data inputted by you into the Services; and
  5. In respect of any plans, recommendations or calculations or any other output of the Services, you are aware that you must seek specific legal, tax or other advice by contacting a lawyer, accountant, or other professional, as the case maybe, before exploring or implementing any output produced by the Services.

6. Survival.

  1. All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.

7. Waiver.

No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

8. Severability.

If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

9. Suspensions.

  1. We reserve the right to suspend your Account and/or your access to the Services immediately, with or without notice to you, and without liability to you.
  2. These suspensions will be for such periods of time as Provider may reasonably determine is necessary to permit the thorough investigation of such suspended activity.

10. Protection of Rights.

You acknowledge that the provisions contained in this Agreement are reasonable and necessary to protect the legitimate interests of Provider.