Registry & Fraud Monitoring Service

Legal

Terms of Service

Terms of Service

  1. Acceptance of Terms
  2. Privacy and your Personal Information
  3. Accuracy of and Changes to your Information
  4. Disclosure and Consent to Electronic Communications
  5. Scope of Services
  6. Fees
  7. Disclaimer
  8. Indemnification of Estate Protect
  9. Governing Law & Forum for Disputes
  10. Miscellaneous

1. Acceptance of Terms

These terms of service ("Terms of Service") and your Registration Agreement constitute a legal agreement (the “Agreement”) between you and Estate Protect Services Inc. (“Estate Protect”).

As used in these Terms of Service, the words "you" and "your" refer to you, the user of Estate Protect’s services, as the party agreeing to these Terms of Service. The words "we", "us", "our" and any other variation thereof refer to Estate Protect. Any reference to "Estate Protect" includes our directors, officers, employees, contractors, owners, agents, licensors, or licensees. The use of the word "including" to refer to specific examples will be construed to mean "including, without limitation" or "including but not limited to" and will not be construed to mean that the examples given are an exclusive list of the topics covered.

Please read these Terms of Service carefully. By registering with Estate Protect, you agree to be bound by these Terms of Service.  You hereby confirm that you have the legal capacity to form a binding contract with Estate Protect.

Estate Protect may modify the Agreement from time to time. Any and all changes to the Agreement will be emailed to you 30 days prior to taking effect.  If you do not agree to the change, you must notify Estate Protect in writing no later than 30 days after the change takes effect.  If you do not notify us by that time, you will be deemed to have accepted the changes. 

Terms of Service are posted on the Estate Protect website and indicate the date they were last revised.

2. Privacy and your Personal Information

For information about Estate Protect’s data protection practices, please read our Privacy Policy, which is hereby incorporated into the Agreement. This policy explains how Estate Protect treats your personal information and documents that you provide to us. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the Estate Protect website.  If you have questions about our Privacy Policy or privacy related issues, please contact privacy@estate-protect.com.

3. Accuracy of and Changes to your Information

You agree to (i) provide accurate information, including, as applicable, your name, physical address, email address, identification card numbers, and other information required in our registration documents; (ii) provide true copies of the documents you register with Estate Protect; and (iii) promptly update the information or documents provided to us as soon as possible following any changes. 

Accurate records enable us to provide our services to you. You must provide true, accurate, current, and complete information to Estate Protect, and you may not misrepresent any information communicated to us. In order for the services to function effectively, you must also keep your information and documents provided to us up to date and accurate. You understand that Estate Protect may not be able to provide you its services effectively, or at all, in the event that your information and/or registered documents are not up to date and valid.

You agree and understand that you are solely responsible for ensuring that the information and documents that you provide to Estate Protect are correct, valid, and reflective of your current intentions, although Estate Protect may contact you from time to time to seek confirmation of this.  We are not responsible for issues arising from your failure to provide us with accurate information and/or valid documents or to keep your information and/or documents current.

You can update your information and/or documents by contacting us at support@estate-protect.com.

4. Disclosure and Consent to Electronic Communications

You understand and agree that the Agreement, and any changes, may be entered into electronically and that information may be provided by Estate Protect to you by electronic means unless and until you withdraw your consent as described below. The categories of communications that may be provided by electronic means include:

  • the Agreement and any changes to them;
  • records of any payment and transaction confirmations;
  • disclosures or notices provided in connection with our services, including any required by law;
  • any customer service communications; and
  • any other communication related our services.

If you do not wish to receive communications electronically, you must notify Estate Protect of this in writing. 

5. Scope of Services

Estate Protect offers a service that helps in the prevention, deterrence, and discovery of certain types of elder financial abuse and estate fraud related to the use of Powers of Attorney and other estate planning documents through a (i) document registry; and (ii) a notification service. Estate Protect does not and cannot guarantee that you or your Estate will not be affected by these types of issues.  Estate Protect communicates information between you, your Trusted Contacts, and third parties to enable you and/or them to identify potential or actual financial abuse and/or fraud and to take steps to resolve these issues.  You agree that Estate Protect is not responsible for taking these steps.  Estate Protect cannot identify all issues that may arise, nor can it ensure that your Trusted Contacts and/or third parties will take appropriate steps to prevent or stop any potential or actual financial abuse and/or fraud, or to recover any losses that may be incurred. 

Estate Protect is not a lawyer, tax advisor, or financial planner and does not provide legal, tax, or financial advice.  Before preparing any legal documents such as a Will or Power of Attorney, you should consider seeking advice from a lawyer and other estate planning professionals. 

6. Fees

Estate Protect charges fees for its services including fees for initial registration and ongoing monitoring.  Fees are paid annually in advance.  Estate Protect may change its fees from time to time and will provide you with advance notice of any changes impacting you.  If you fail to pay your fees, your services will be terminated and notice of termination will be provided to your Trusted Contacts and Attorney(s) in accordance with Estate Protect’s policies and procedures.    

7. Disclaimer  

Estate Protect offers a service to help in the prevention, deterrence, and discovery of certain types of elder financial abuse and estate fraud related to the use of Powers of Attorney and other estate planning documents.  Estate Protect does not and cannot guarantee that by using our services you or your Estate will not be affected by these types of issues. 

Estate Protect is primarily a document storage and information sharing service. It is not responsible for actively taking steps to intervene in cases of potential or actual financial abuse or fraud beyond (i) providing information related to or copies of your registered documents to your Trusted Contacts and/or third parties in accordance with our policies and procedures; (ii) receiving reports of potential financial abuse and fraud from third parties; (iii) and communicating notifications to you and your Trusted Contacts in accordance with our policies and procedures.  Notifications are provided to you and your Trusted Contacts so that you and/or they can take appropriate actions to intervene to prevent or stop any potential or actual financial abuse or fraud.   Estate Protect cannot identify detect financial abuse or fraud in all instances nor can it ensure that those who have been made aware of potential or actual financial abuse or fraud take appropriate steps to prevent or stop it, or to recover wrongfully depleted assets.  In some cases, the information provided to Estate Protect upon which a notification is based may be incorrect.  Estate Protect is not responsible for the accuracy of the information provided to it or any actions it takes based on it. 

Third parties may refuse to act and/or take instructions under a Power of Attorney for many reasons, which may include information provided by Estate Protect.  Costs may be incurred by you or others on your behalf to address the concerns raised by the third party so that it will accept instructions from a substitute decisions maker on your behalf.  Estate Protect is not responsible for any costs or losses that may be incurred related to the resolution of any such issues.    

You understand and agree that any communications provided through our services may be delayed or prevented by a variety of factors. Estate Protect makes reasonable efforts to provide notifications and other communications in a timely manner with accurate information, but we cannot guarantee the delivery, timeliness, or accuracy of the content of any notification or communication.  Estate Protect shall not be liable for any delays, failure to deliver, or misdirected delivery of any notification or communication.

Our service is not intended to provide legal, tax, or financial advice. Estate Protect is not lawyer, financial planner, broker, or tax advisor. Before preparing any legal documents such as a will or Power of Attorney, you should consider obtaining additional information and advice from a lawyer and other estate planning professionals.   

Estate Protect is not an insurance provider, nor does Estate Protect offer indemnification for any losses, damages, or other costs related to the use of its services.  Estate Protect is not liable or responsible for any losses, damages, or other costs that may be incurred by you, your Attorney(s), your Estate and/or Estate Trustees, your heirs, and/or anyone else arising from the use or any failure of Estate Protect’s services.   

8. Indemnification of Estate Protect

You agree that you or your Estate will indemnify Estate Protect for any and all losses, damages, and other costs we incur related to any claims brought against Estate Protect related to your use of our services, whether brought by you, your Estate, or a third party.   You agree that your use of our services shall not be made the basis for any claim, suit, demand or cause of action or other proceeding against Estate Protect. You shall defend, indemnify, and hold harmless Estate Protect and its officers, directors, shareholders, and employees, from and against all claims and potential claims related to your use of our services, including but not limited to lawyer's fees.

14. Governing Law & Forum for Disputes

Your relationship with Estate Protect shall be governed by the laws of the Province of Ontario without regard to its conflict or choice of laws provisions. Any dispute with Estate Protect, or its officers, directors, employees, agents or affiliates, arising under or in relation to your use of the Services or this Agreement shall be resolved through either arbitration or the Ontario Superior Court of Justice in Toronto, at Estate Protect’s sole discretion.

 15. Miscellaneous

If any portion of the Agreement is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, only that portion of the Agreement that is unlawful, void or unenforceable shall be struck from the Agreement.

You agree that if Estate Protect does not exercise or enforce any legal right or remedy which is contained in the Agreement or which Estate Protect has the benefit of under any applicable law, this will not be taken to be a waiver of Estate Protect's rights and that those rights or remedies will still be available to Estate Protect.

All covenants, agreements, representations and warranties made in the Agreement shall survive your cancellation of our services.

Last updated April 4, 2018