Terms & Conditions
Reading, Agreeing and Keeping a Copy. These terms are legally binding.
In these terms and conditions (Terms), we, us and our means DataOptin.com, and you and your means the person who uses a Device to access the Services through the website (Website). These Terms govern your access and use of the Website and the Services.
- Read and check the box to agree. You must read and agree to these Terms, which are a legally binding contract between you and us, before you can use the Website and access the Services.
By checking the box on-screen, you confirm (i) that you are the age of majority in the place where you live and (ii) that you have read and agree to these Terms. These Terms take effect on that date that you check the box to agree on-screen. You cannot use the Website or access the Services unless you have read and agreed to these Terms.
- Keep a copy of the Terms. You can print or save these Terms using the print or save function in your browser.
- No changes to other agreements. Unless expressly provided otherwise herein, these Terms do not replace any other agreement you may have with us or any of DataOptin.com companies (now or in the future), including any consent or preference regarding the collection, use and disclosure of your personal information. All of the terms of your other agreements with us or any other DataOptin.com companies continue to apply.
Please see the definitions section at the end of these Terms for any other capitalized terms not otherwise defined.
Services. What is the Service and how does it work?
Under these Terms, the Services means the features, functionality, content and information provided by us via the Website and include any services that may be provided by Service Providers and Third Parties.
The Services currently available through the Website include:
- Name Search. We will conduct an Enhanced Business Name Search from the NUANS® database. The Enhanced Business Name Search allows you to search for a business name registered with the Ontario Ministry of Government Services. Searches can be done on exact business names, words in a business name or by the Ontario Business Identification Number. The Enhanced Business Name Search will only search and produce reports for the following ownership types: Sole Proprietor, General Partnership, Business Name – Corporation (Trade/Style Name), Limited Partnership, Partnership Business Name, Ontario Limited Liability Partnership, Extra Provincial Limited Liability Partnership and Extra Provincial Limited Liability Company. The name search cannot tell you if your preferred business name is available or not. It’s your responsibility to determine whether to register a particular business name. You should choose a name that is as unique as possible. While it’s possible to register a name that is similar or the same as a registered name or trademark, you may be putting you and your business at risk of legal claims in doing so. We advise you to contact a lawyer if you have any questions or concerns. The results of the name search are not legal advice. Getting a report does not mean that your proposed name has been approved.
- Business Registration. Based on your review of the results of the name search, we will register the business name that you have chosen with the appropriate government authority. We will also provide you with the applicable government-issued business name identifier/number.
- Logo. Using a Third Party logo design service, you can create and customize a logo for your business. We’ll refer you to a Third Party website to begin to build your brand and that Third Party, not DataOptin.com is responsible for all terms and conditions applicable to products and services available from their website.
Some of the Services may be provided in whole or in part by Service Providers and Third Parties. The Services are currently available in English and Spanish only, despite any language settings on your Device.
The Services and the Website may not be accessible at all times. In addition, functionality, features, content or information may change, and may not always be available.
No Legal Advice. We are not your lawyers.
We are not a law firm, and we do not provide any legal or other professional advice or opinions through the Website or as part of the Services. The Services and the Website, and any information or content they contain, are provided solely for informational purposes. You are advised to seek legal or other professional advice by contacting a lawyer, accountant or other relevant professional. Your use of or access to the Website and the Services does not create a lawyer-client or other relationship of trust.
Costs, Fees and Related Charges. Do I have to pay service fees?
The fees for accessing the Services available on the Website are set out below. Applicable taxes apply in addition to all fees charged:
Name Search and Sole Proprietorship Business Registration Ontario
$80.00 Registration Fee
$30.00 NUANS report
Sole Proprietorship Business Registration includes: a preliminary name search and a Master Business Licence
We will not process any refunds once your business registration or incorporation documents have been processed and the applicable fees have been remitted to applicable governmental authority.
We may change the amount of our fees as the Services develop. We will provide you with notice of any changes in fees, in accordance with the notice section of these Terms. All amounts are expressed in Canadian dollars.
You are responsible for all costs, fees, data plans and related charges associated with your use of any Devices, and they are not reimbursable by us.
Privacy. Information we collect and how we use it.
Collecting your personal information
We will collect information from and about you such as:
- information establishing your identity (for example name, address, phone number, date of birth, etc.); and
- information for the provision of the Services.
We may obtain this information from a variety of sources, including from you, from participants in our affiliate or partner program who refer you to us, from service arrangements you make with or through us, from registries, from references you provide to us and from other sources, as is necessary for the provision of the Services.
Using your personal information
The information we obtain from and about you may be used from time to time for the following purposes:
- to create your profile on the Website and provide you with the Services;
- to determine your eligibility for products and services;
- to help us better understand the current and future needs of our users;
- to help us better manage our business and your relationship with us; and
- as required or permitted by law.
For these purposes, we may make the information we obtain from and about you available to employees, agents, independent contractors, Service Providers and participants in our affiliate or partner program, who are required to maintain the confidentiality of this information. In the event a Service Provider is located outside of Canada, the Service Provider is bound by, and the information may be disclosed in accordance with, the laws of the jurisdiction in which the Service Provider is located.
We may also use the information we obtain from and about you and share it with DataOptin.com companies (i) to manage our risks and operations and those of DataOptin.com companies; (ii) to comply with valid requests for information about you from regulators, government agencies, public bodies or other entities who have a right to issue such requests; and (iii) to let DataOptin.com companies know your choices under “Other optional uses of your personal information” for the sole purpose of honouring your choices.
Other optional uses of your personal information
- We may use the information we obtain from and about you to promote our products and services, and promote products and services of Third Parties we select, which may be of interest to you.
- We may also, where not prohibited by applicable laws, share the information we obtain from and about you with DataOptin.com companies for the purpose of referring you to them or promoting to you products and services of such DataOptin.com companies which may be of interest to you. You acknowledge that as a result of such sharing, DataOptin.com companies may advise us of the products or services they provide to you.
- If you also deal with any DataOptin.com companies, we may, where not prohibited by applicable laws, consolidate the information you provide to us with information DataOptin.com companies have about you to allow us and DataOptin.com companies to manage our respective relationships with you.
We and DataOptin.com companies may communicate with you through various channels, including telephone, email or mail, using the contact information you have provided to us.
You may choose not to have your information shared or used for the “Other optional uses of your personal information” described above by contacting us as set out below and we will respect your choice. We may share your choice with DataOptin.com companies for the sole purpose of honouring your choice
Your right to access your personal information
You may obtain access to the personal information we hold about you at any time and review its content and accuracy, and have it amended as appropriate; however, access may be restricted as permitted or required by applicable laws. To request access to such information, to ask questions about our privacy policies or to request that the information not be used for any or all of the purposes outlined in “Other optional uses of your personal information” you may do so now or at any time in the future by contacting us at email@example.com
Communication. How will we contact each other?
You can find our contact information at www.dataoptin.com/en/contact-us/ we will contact you and provide notices using information you provide through the Website. Except as provided below in the “Notices and Changes” section of these Terms, email is our primary method of communication. When we use email, we will send you electronic correspondence, including notifications, to the email address you provide to us through the Website. It is your responsibility to keep your email address up to date. You understand that if you do not keep your email address up to date, we may not be able to complete the signup process or otherwise contact you.
If you do not wish to be presented with promotional content: (i) via email, please change your communication preferences on the Website; or (ii) via the Website, please request to have your profile deleted by contacting us by going to www.dataoptin.com/en/contact-us/ Changes to your communication preferences for promotional content will not change how we communicate with you for non-promotional content related to the Services.
Termination. How can you or we end these Terms?
Termination by us. Without prior notice and for any reason, we can suspend or terminate your use of the Website and access to the Services, and/or terminate part or all of these Terms for the following reasons:(i) any actual or intended violation of these Terms, including without limitation your failure to pay any fees owing; and (ii) any unlawful or inappropriate behavior, as determined by us, including without limitation unlawful or inappropriate use of the Website and the Services.
We may also suspend or terminate your access to the Website and the Services, and/or terminate part or all of these Terms for convenience upon 15 days prior notice to you. We will not be responsible for any loss or inconvenience that may result from such suspension or termination for any loss or inconvenience that may result from such suspension or termination.
Termination by you. To terminate your use of the Website and access to the Services and these Terms, you can contact us at the contact information provided in the “Communication” section of these Terms.
Notice and Changes. How will we tell you about any changes?
Notice. Any notice may be given to you through the Website or pursuant to the “Communication” section of these Terms.
Changes. We can change (add, remove or alter) any part or feature of the Services, without giving you notice. Following any such change, these Terms will continue to apply to all or parts of the Services. Subject to legal and regulatory requirements, we can also change these Terms by giving you notice of the change to the email address you provided when signing up for the Services, either before or after the changes take effect. When giving you such notice we will also provide you with a copy of or a link to the updated Terms. If you use the Website or access the Services after we have notified you of a change, you are deemed to have reviewed and accepted the new version of these Terms.
Instructions and Security. You are responsible for your choices made when you are signed in and for the security of your information.
Service Providers and Third Parties. Other entities help us provide the Services or offer Third Party Services.
We may use Service Providers and Third Parties to provide or to assist us in providing the Services or Third Party Services, and other than DataOptin.com companies, we do not sponsor or endorse any Third Party and we are not affiliated or associated with any Service Provider or Third Party.
When using the Website and accessing the Services,
- You may use Service Provider Services solely for your own personal use;
- You may not sell, distribute or otherwise use Service Provider Services or other information from the Website or the Services, and you may not permit such distribution or use by anyone else; and
- You may not provide or make available any Service Provider Services to any provider of products or services similar to those products and services provided by the Service Providers.
Service Providers retain all ownership rights, including all intellectual property rights, in Service Provider Services and to their trademarks and logos that appear on the Website and in the Services. Nothing in these Terms, the Website or the Services should be interpreted as conferring any right for you (i) to use Service Provider Services in any way other than as expressly permitted in these Terms; or (ii) to use any Service Provider trademarks or logos.
You agree that we, Third Parties and Service Providers may use information and content you provide through the Website and the Services to create use and distribute statistical, profiling, performance or operational reports about the Website and the Services. These reports may be shared with Third Parties, in which case, the information in the reports will not be attributable to you.
Referral Fees. We may receive fees when we refer you to Third Parties.
A Third Party may pay us, or we may receive from a Third Party, directly or indirectly, a referral fee when we refer you to the Third Party and you elect to purchase or obtain products or services from the Third Party. The amount of any referral fee paid or received for referrals will not affect the fees paid or payable, if any, by you to us or to the Third Party.
Compliance and Prohibitions. Appropriate use of the Website.
Your use of the Website and access to the Services must comply with these Terms and all applicable laws.
When using the Website and accessing the Services, you will not:
- Provide untrue, inaccurate or incomplete information;
- Use the Website or access the Services for any illegal, fraudulent, malicious, harassing or defamatory activity or purpose;
- Use any robot, spider or other indexing device when using the Website or accessing the Services;
- Use any part of the Services to provide internet, service bureau, outsourcing or third-party services or redistribute all or any part of the Services;
- Take steps or actions that could or do undermine the security, integrity, effectiveness, goodwill or connectivity of the Website or the Services (including illegal, fraudulent, malicious, defamatory or other activities that threaten to harm or cause harm to any other person); or
- Reverse engineer or reverse compile the source code for the Website or any of the service technology.
No Representations or Warranties. The Website and the Services are provided “as is”.
We are providing you with the Website and the Services on an “as is” and “as available” basis and we do not make any representations or provide any warranties concerning them. Without limiting the foregoing, we expressly disclaim all warranties, in connection with the Website and in connection with the Services, whether express or implied, including, but not limited to the implied warranties of merchantability for a particular purpose and non-infringement.
Liabilities and Indemnities. Read this carefully—it limits your right to sue us.
You are solely responsible for all information or content that you give us through the Website, the Services and the Third Party Services.
We and DataOptin.com companies will not be responsible for any loss, damage, harm, injury, delay or inconvenience suffered or incurred by you with respect to: (i) these Terms, the Website, the Services or the Third Party Services, (ii) any instruction given to, by or purported to be given by you, using Sign-In Credentials, in connection with the Services or Third Party Services; or (iii) any products or services you obtain or purchase from us or from a Third Party to whom we refer you, or otherwise. Such losses, damages, injuries, delays and inconveniences include, without limitation, (i) direct, incidental, indirect, consequential, special, aggravated, punitive or exemplary damages, (ii) loss of data, profits, information, opportunity, revenues and goodwill, and (iii) any other business interruption, commercial or economic losses. The foregoing limitation of liability applies regardless of the cause of action, even if we or a DataOptin.com company have been advised of the possibility of such damages.
In addition, in no event, even if we are negligent or any DataOptin.com company is negligent, will we or any DataOptin.com company be liable for any loss or damage suffered by you that is caused by any one or more of:
- The actions of, or any failure to act by a Third Party or Service Provider (and no such Third Party will be considered to be acting as our agent);
- Mistakes, errors, omissions, inaccuracies or other inadequacies of, or contained in the Services or Third Party Services or any data given by you to us, any DataOptin.com company or any Third Party or Service Provider, including your failure to update;
- Any delay, error, interruption or failure by us, any DataOptin.com company or any Third Party or Service Provider to perform or fulfill any of our obligations to you due to any cause beyond our control or their control, any system malfunctions or any technical failures;
- Unsecured communication being inaccurate, intercepted, reviewed or altered by others, or not received by you;
- Your access to the Services or Third Party Services, including, without limitation, any delay or inability to access the Services or Third Party Services;
- Your failure to receive or view any communication that has been presented to you, and we will not be responsible, and no such DataOptin.com company will be responsible, for any delay, damage or inconvenience that such failure may cause; or
- Your failure to fulfill any of your obligations under these Terms, including those in the “Security” section of these Terms, or to comply with any instructions we may provide to you from time to time in connection with the Website and the Services.
You release and indemnify us for any claim, cost and liability incurred: (i) as a result of your use of the Website any of the Services and Third Party Services; or (ii) as a result of your breach of these Terms.
On-Screen Terms. Terms shown on-screen form part of these Terms.
There may be terms, conditions, instructions or disclaimers related to the Services, Third Party Services, or Offers displayed on the screens in the Website, or when you click on icons or links on the Website screens. By using any of the Services or any Offers, you must access and agree that the terms, conditions, instructions or disclaimers apply to your use of or access to the applicable Services, Third Party Services, or Offers, in addition to the terms and conditions of any other applicable agreements.
Records. Electronic records are equal to paper records.
Our records, including electronic records, including those of any Service Providers (whether used by them or us), regarding the Website or the Services, including the retrieval, consolidation, organization and presentation of information, are final and conclusive. These records will be admissible in any legal, administrative or other proceedings. Furthermore, electronic data and records will be admissible as conclusive evidence of the contents of those records in the same manner as original paper documents. You waive any right to object to the introduction of any such electronic data or records into evidence.
Electronic Agreement. Clicking is the same as signing with a pen on paper.
These Terms and any related terms, conditions, instructions, disclaimers or documents may be accepted in electronic form and your acceptance is binding between you and us. Neither you nor we will contest the validity or enforceability of these Terms and any related documents because they were accepted or signed in electronic form.
Assignment and Severability. Contract law stuff.
If any provision of these Terms is found to be invalid or unenforceable, this will not affect the validity or enforceability of the other provisions of these Terms. Our failure to enforce strict performance of any provisions of these Terms does not mean we have waived any provision or right. Neither the course of conduct between you and us, nor trade practice modifies any provision of these Terms. We may assign or transfer these Terms on notice to you. You may not assign or transfer these Terms or any of the obligations or rights under these Terms to any other person.
We have the right at all times to assign any or all of our rights and obligations under these Terms to an DataOptin.com company. The Services may then be delivered by the DataOptin.com company to whom we assign these Terms.
Language. We will talk to each other in English.
You and we have expressly requested that these Terms and all related documents, including notices, be drawn up in the English language.
Governing Law. What law applies?
These Terms are entered into and governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You and we agree that the Ontario courts shall have exclusive jurisdiction over each of us for the determination of any matters arising out of these Terms.
Defined Terms. What does everything mean?
- Device means any mobile device, computer or other device you use to access the Website and the Services.
- Offers means any offers, rate discounts or promotions of a Third Party presented by us as part of the Services.
- DataOptin.com means DataOptin.com.
- DataOptin.com companies or DataOptin.com company means DataOptin.com, its direct and indirect subsidiaries and their successors and assigns. While we are a DataOptin.com company, in these Terms, a reference to DataOptin.com companies or DataOptin.com company will not include us.
- Services means the Services as defined by the “Services” section of these Terms.
- Service Provider means a party retained by us to act on our behalf to provide, or to assist us in providing, the Website and the Services.
- Service Provider Services means content and information contained in the Services provided by any Service Provider.
- Sign-In Credentials means usernames, passwords, personal verification questions or other information required to access the Website and the Services.
- Terms means these terms and conditions.
- Third Party means any party other than you, us or a party when acting as a Service Provider.
- Third Party Services means any products or services provided by a Third Party that can be used or accessed on or through the Website or a Third Party that we refer you to for other products and services.