LAST UPDATE OF THESE TERMS AND CONDITIONS - December 7, 2023
Please read carefully before using this Website:
HeyAdvisor maintains this Site for information and communication purposes. This webpage contains the Terms of Use governing your access to and use of the heyadvisor.ca (the “Website” or “Site”).
1. Overview
These Terms and Conditions apply to any visitors to the site as well as any users who are registered with the Website (“Users”).
2. Changes to Terms
HeyAdvisor may, at any time, for any reason, and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, it is your responsibility to review the Terms of Use upon which access and use of this Website is conditioned.
3. Jurisdiction
The Website is directed to those individuals and entities located in Canada. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the HeyAdvisor Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. HeyAdvisor makes no representation that the information, opinions, advice or other content on the Website (collectively, "Content") is appropriate or that its products and services are available outside Canada. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
4. Scope of Use and Users
Videos:
You are only authorized to distribute the content through the provided link that is unique to your membership. You may not download, store, modify, reproduce, transmit or reverse engineer any of the videos.
Infographics:
You are only authorized to distribute the content through the provided link. You may not download, store, modify, reproduce, transmit or reverse engineer any of the Infographics.
Doing the above is prohibited and failure to comply will result in loss of license with no refund.
If a membership is cancelled, all unique links will be deleted and content will no longer be able to be accessed.
The content provided by HeyAdvisor cannot be sold on a competing service. Content may only be distributed to clients directly or through social media or for 'Brand Pro' user directly on their business website as a resource to current and prospective client . Any use outside of this scope is strictly prohibited. Violating this can result in licence revocation and potential litigation.
The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of HeyAdvisor is strictly prohibited.
You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non‐commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact. You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.
Email submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before emailing any information. Also, please consult our Privacy Policy. You agree not to submit or transmit any emails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable laws. HeyAdvisor shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.
Users:Each user has a unique login that includes their email address. This login may only be shared with direct employees of the user who service the same clients. Any attempt to act outside of the scope of this agreement will result in the immediate termination of their account
5. Privacy
Users are solely responsible for ensuring that their personal data collection practices are compliant with applicable privacy laws, such as the Personal Information Protection and Electronic Documents Act in Canada. Users may only collect personal data with prior consent. HeyAdvisor will delete any personal data that a User has collected in contravention of applicable privacy laws.
6. Copyrights and Trademarks
The materials at this Site, as well as the organization and layout of this Site, are copyrighted and are protected by Canadian and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non‐commercial use. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of HeyAdvisor.
Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission HeyAdvisor. You may not use a part of this Website on any other Website, without HeyAdvisor prior written consent.
HeyAdvisor respects the intellectual property rights of others and expects our Users to do the same. The policy of HeyAdvisor is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at: contact@heyadvisor.ca
7. Links
For your convenience, we may provide links to various other websites that may be of interest to you and for your convenience only. However, HeyAdvisor does not control or endorse such Websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our Website. These Terms of Use policy applies only to HeyAdvisor Website and the products and services HeyAdvisor. offers. If you decide to access any of the third party sites linked to this Website, you do so at your own risk. HeyAdvisor reserves the right to terminate any link or linking program at any time. HeyAdvisor disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.
8. No Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant to HeyAdvisor that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website.
9. Spamming
Gathering email addresses from HeyAdvisor through harvesting or automated means is strictly prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with HeyAdvisor should be directed to: contact@heyadvisor.ca.
HeyAdvisor users must follow all anti-spam laws, including the Canadian Anti-Spam Laws (CASL), specifically all subscribers communicating to Canadian's must ensure that they have express consent to send an email to a person. All email addresses uploaded directly or through a client relationship management system (CRM), must ensure the people who own those email addresses have provided express consent as outlined in the CASL rules to the subscriber before being used in email communications.
10. No Warranties
THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON‐INFRINGEMENT, ALL OF WHICH HEYADVISOR EXPRESSLY DISCLAIMS. HEYADVISOR DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND HEYADVISOR WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. HEYADVISOR MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR‐FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY HEYADVISOR.
11. Governing Law, Location and Miscellaneous
These Terms of Use shall be governed in all respects by the laws of the Province of Ontario, Canada, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. Any other provisions contained herein will not be affected by any such modification.
12. Separate Agreements
You may have other agreements with HeyAdvisor. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with HeyAdvisor.
13. No Professional Advice
The information available on the Website is intended to be a general information resource regarding the matters covered and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.
14. Arbitration
Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any HeyAdvisor confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the provisions, in effect at the time the proceedings begin, of the Commercial Arbitration Act. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in the province of Ontario.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.
15. Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. HEYADVISOR SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF AFS ADVISORY SERVICES INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY HEYADVISOR SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
16. Indemnity
You agree to defend, indemnify, and hold HeyAdvisor, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.
17. Accounts and Security
HeyAdvisor does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error‐free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
As part of the registration process, each User will select a password (“Password”) and email address (“Email”). You shall provide HeyAdvisor with accurate, complete, and updated account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.
You may not:
(a) select or use a name of another person with the intent to impersonate that person;
(b) use a name subject to the rights of any other person without authorization;
(c) use a name that the Website, in its sole discretion, deems inappropriate or offensive.
You shall notify HeyAdvisor of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at HeyAdvisor's sole discretion, and you may be reported to the appropriate law- enforcement agencies.
18. Monthly Billing, Cancellation and Refund Policy
You may cancel your subscription at any point in time. All cancellations requests are done within the self-serve in-app cancellation button found within your Account Settings - Membership tab. Once your request is received, you will be contacted by our Customer Success team to complete the cancellation process.
If a membership is cancelled, all unique links will be deleted and content will no longer be able to be accessed.
Please note that you must cancel your subscription before it renews for a subsequent billing period in order to avoid being charged for the following period’s subscription fees. If you cancel your subscription, the cancellation will become effective at the end of the current subscription period whether it is yearly or monthly.
HeyAdvisor charges and collects in advance for use of our service. All services rendered are non-refundable. Once a customer selects a subscription plan and provides billing information, HeyAdvisor will calculate the amount with the first payment due upon signing up. All subscriptions monthly, quarterly and yearly renew automatically on their renewal date according to the date of purchase until cancellation.
Refunds will not be provided for any subscription, we do not provide credits, refunds or prorated billing for subscriptions that are canceled in the middle of a subscription period. In such circumstances, you will continue to have access to your HeyAdvisor account until the end of the monthly billing cycle.
Contact us: If you would like to request additional information regarding these Terms of Use, please contact us at contact@heyadvisor.ca
