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Terms of Use

Last updated: April 15, 2025

These Terms of Use form an agreement between Goldhar & Associates Ltd. and its affiliates (“Goldhar”, “us”, “we”, “our”) and you. The term “you” refers to the person or entity browsing, accessing or otherwise using the services (“use” or “using” in these Terms of Use will mean any of the foregoing) who are generally our agents. 

The following terms of service (the “Terms of Service” or “Terms”) govern your access to and use of: (a) our websites located at https://www.shedthedebt.ca, https://goldhar.ca, https://goldhartaxsolutions.ca, and any other website or mobile application that links to these Terms (collectively, the “Goldhar Website”); and (b) any videos, text, pictures, media, data, text, information and other materials or content (collectively, the “Content”) contained on or provided through the Goldhar Website and the platforms (collectively, (a) to (b) will be defined hereafter as the “Services”).  

BY USING THE SERVICES, YOU: (A) REPRESENT AND WARRANT THAT: (I) YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS, AND (II) ALL INFORMATION SUPPLIED BY YOU TO US THROUGH THE SERVICES IS TRUE, ACCURATE, CURRENT, AND COMPLETE; AND (B) AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS, AS UPDATED FROM TIME TO TIME. IF YOU ARE USING THE SERVICES ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF USE. 

  1. Ownership of the Services and Its Content 

The Services and all of the Content, including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by Goldhar, our licensors, and certain other third parties.  All rights, titles, and interests in and to the Content and Intellectual Property available via the Services is the property of Goldhar, our licensors or certain other third parties, and is protected by applicable copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Goldhar owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Services.  These Terms do not grant you a license to use any trademark of ours or of our affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Services.  All rights not expressly granted to you in these Terms are reserved. 

  1. License to the Services 

Subject to these Terms, we grant you non-exclusive, non-transferable, non-sublicensable and revocable license to use the Services.   

  1. Access to the Services 

We retain the right, at our sole discretion, to deny you access to the Services, at any time and for any reason, including for violation of these Terms. You will cease and desist from any such access or use immediately upon request by us. 

  1. Data You Upload To Us  

Ownership of the data, documents, and/or other information that you upload, post, transmit to or enter into the Services (the “User Data”) remains with you.  You are responsible for the User Data that you upload or post to the Services, including its legality, reliability, and appropriateness. 

By uploading, posting, or transmitting User Data to the Services, you grant us the right and an irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, royalty-free, transferable and sublicensable license to access, collect, store, use, modify, perform, display, reproduce, and distribute such User Data on and through the Services. 

You represent and warrant that: (i) the User Data is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the uploading and posting of your User Data on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. 

We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or (d) offensive or otherwise unacceptable to us in our sole discretion. 

You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Services, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the Services. 

  1. No Unlawful or Prohibited Use  

Without limiting the generality of the foregoing, you will not (and will not attempt to): 

  1. send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on the Services (including any developer community forums) any data, information, pictures, videos, music or other materials or content that:  
  1. contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; 
  1. you do not have the lawful right to send, upload, collect, transmit, store, use, publish, or otherwise communicate; 
  1. is false, intentionally misleading, or impersonates any other person; 
  1. is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual; 
  1. violates any applicable laws, or infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity); or 
  1. encourages any conduct that may violate, any applicable laws or would give rise to civil or criminal liability; 
  1. harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Services, including email addresses, without the express consent of such users; 
  1. access the Services or any of our proprietary information except through means authorized herein;  
  1. copy, reproduce, distribute, or in any manner duplicate the Services, in whole or in part;  
  1. sell, lease, license, sublicense, distribute, assign, transfer or otherwise grant any rights in the Services, in whole or in part;  
  1. modify, port, translate, or create derivative works of the Services;  
  1. decompile, disassemble, reverse engineer or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas, or algorithms, of the Services by any means;  
  1. remove any proprietary notices, labels or marks from the Services;  
  1. use the Services for purposes of comparison with or benchmarking against products or services made available by third parties;  
  1. knowingly take any action that would cause the Services to be placed in the public domain; 
  1. disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Services (e.g., a denial of service attack); 
  1. attempt to gain unauthorized access to the Services, other computer systems or networks connected to the Services, through password mining or any other means; 
  1. use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Services or any part thereof or otherwise attempt to discover any source code; 
  1. use, download or otherwise copy, or provide to any person or entity any Services users directory or other user or usage information or any portion thereof other than in the context of your use of the Services;  
  1. use the Services for the purpose of building a similar or competitive product or service; or 
  1. use the Services other than as permitted by these Terms. 

  1. Privacy   

Please click here to review our current Privacy Policy, which contains important information about our practices in collecting, storing, using and disclosing your data, and which is hereby incorporated into and forms a part of these Terms of Use. 

You represent and warrant to us that the User Data will only contain identifiable individuals (“Personal Information”) in respect of which you have provided all notices and disclosures, obtained all applicable third party consents and permissions and otherwise have all authority, in each case as required by applicable laws, to enable us to: (i) make available the Services; and (ii) create, use and disclose aggregated statistical information for any purpose and without obligations of any kind.   

  1. Viruses  

You use the Services at your own risk. We do not guarantee or warrant that the Services is compatible with your computer system or that the Services, or any links from the Services, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Services. 

  1. Communications Not Confidential 

We do not guarantee the confidentiality of any communications made by you through the Services. We do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Services. 

  1. Copyright Policy 

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Services infringes the copyright or other intellectual property infringement (“Infringement”) of any person. 

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” of marketing@goldhar.ca and include in your notice a detailed description of the alleged Infringement. 

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright. 

  1. Disclaimers 
  1. YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SERVICES WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE SERVICES IS OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.  
  1. The Content provided through the Services is for informational purposes only, you should not construe any such information or other material as legal, tax, investment, financial, or other advice. Nothing contained on the Website constitutes a solicitation, recommendation, endorsement, or offer by Goldhar. 

All Content on the Website is information of a general nature and does not address the circumstances of any particular individual or entity. Nothing on the Website constitutes professional and/or financial advice, nor does any information on the Website constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. Goldhar is not a fiduciary by virtue of any person’s use of or access to the Website or Content. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information or other Content on the Website before making any decisions based on such information or other Content. In exchange for using the Website, you agree not to hold Goldhar, its affiliates or any third party service provider liable for any possible claim for damages arising from any decision you make based on information or other Content made available to you through the Website. 

  1. Limitation of Liability 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THESE TERMS OR THE SERVICES.  WE DISCLAIM ALL LIABILITY OF ANY KIND OF OUR LICENSORS AND SUPPLIERS. 

TO THE EXTENT THAT THE FOREGOING LIMITATION IS NOT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE SERVICES EXCEED $5 CDN. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.  

  1. Indemnification 

You will defend, indemnify and hold harmless us and all of our officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with:  

  1. your breach of any of the provisions of these Terms or any documents referenced herein; 
  1. your violation of any law or the rights of a third party (including, without limitation, privacy or intellectual property rights); or 
  1. your use of the Services in a manner that it was not designed for or intended to be used, as described in these Terms and in any instructions or guidelines provided by us to you. 

  1. Changes, Termination and Survival 
  1. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Further, we reserve the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on the Services. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of “Last Update” at the bottom of this document. Continued use of the Services after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Services constituting consideration from Hypercharge to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Use, (2) any policy or practice of ours in operating the Services, or (3) any Content available through the Services, is to stop accessing and using the Services. 
  1. The following Sections, together with any other provision of these Terms which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms, will survive expiration or termination of these Terms for any reason: Sections 1 (Ownership of the Services and Its Content), 4 (Data You Upload To Us), 6 (Privacy), 7 (Viruses), 8 (Communications Not Confidential), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), 13(b) (Changes, Termination and Survival), and 14 (General Provisions). 

  1. General Provisions 
  1. Force Majeure. Except for the obligation to pay money, either Party will be excused for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the Internet (each incident a “Force Majeure Event”), provided that the delayed Party (a) gives the other Party prompt notice of such cause if practicable, and (b) for as long as such Force Majeure Event continues and such Party continues to use commercially reasonable efforts to recommence performance to the extent possible. 
  1. Choice of Law. These Terms of Use are governed by the provincial laws of the province of Ontario and the federal laws of Canada as applicable therein, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Except as restricted by applicable law, you agree to submit to the exclusive jurisdiction and venue of courts in Toronto, Ontario, Canada for the purpose of litigating all such claims or disputes.  Notwithstanding the foregoing, if a dispute arises between you and us, you agree that you will notify us about any dispute you have with us related to these Terms of Use by contacting us. 
  1. Electronic Communications.  You are communicating with us electronically when you use the Services or send email to us. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.  
  1. Notifications. We may provide notifications by posting the notifications on the Services itself or by sending the notifications to the email associated with your Goldhar Account. We are not responsible for any automatic filtering you or your network provider may apply to email notifications.  
  1. Severable. If any of the provisions contained in these Terms are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms and all other provisions of these Terms will remain in full force and effect.  
  1. Waiver. If you breach any of these Terms and we should choose not to immediately act, or choose not to act at all, we will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. We and our subsidiaries do not waive any of our or their rights. We and our subsidiaries shall not be responsible for any purported breach of these Terms caused by circumstances beyond our or their control. A person who is not a party to these Terms shall have no rights of enforcement. 
  1. Entire Agreement. These Terms, and the documents referenced in these Terms, constitute the entire agreement between Goldhar and you pertaining to the subject matter thereof, and supersedes in its entirety any and all written or oral agreements previously existing between us with respect to the Services. There are no understandings, inducements, commitments, conditions, representations or warranties of any kind, whether direct, indirect, collateral, express or implied, oral or written, other than as contained in these Terms. 
  1. English Language. It is the express wish of the parties that these Terms and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.