Last updated on May 14, 2021
AKP Solutions Inc. is a corporation registered under the provincial laws of Ontario, Canada. These Terms refer to all websites that we own and operate, including the websites located at www.cansulta.com, www.cansulta.ca, www.akp.solutions, www.experts-connect.com, www.akpsolutionsinc.com, and all related websites, our applications and/or APIs, and online services (our “Website” or “Platform”), as well as our other services, offerings, and other interactions (e.g., customer service inquiries, user collaborations, etc.) you may have with us (together with our Website, collectively referred to as the “Website”). If you do not agree with these Terms, you should not use our Website. These Terms do not apply to any third-party applications or software that integrate with the Website (“Third-Party Services”), or any other third-party products, services or businesses.
Your access to and use of the Website is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Website.
By accessing or using the Website you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Website.
SERVICE(S) individually or collectively refers to:
USER: someone who accesses, posts, messages, edits, browses, or in any way uses our Website .
WE, US, and OUR: refers to Cansulta.
YOU and YOUR: refer to you, as a user of our Website .
CONTENT: text, images, photos, audio, video, documents, reviews, feedback and all other forms of data or communication.
SITE CONTENT: all of the Content that is made available in connection with our Website, including Your Content, User Content, Third Party Content, and Cansulta Content.
CANSULTA CONTENT: Content that we create and make available in connection with our Website.
THIRD PARTY CONTENT: means Content that originates from parties other than Cansulta or its users, which is made available in connection with our Website.
USER CONTENT: means Content that users submit or transmit to, through, or in connection with our Website.
YOUR CONTENT: Content that you submit or transmit to, through, or in connection with our Website, such as files, images, posts, comments, invitations, messages, reviews, feedback and information that is generated, posted and/or displayed privately and publicly on our Platform.
We may modify these Terms from time to time. You understand and agree that your access to or use of our Website is governed by the Terms effective at the time of your access to or use of our Website. If we make material changes to these Terms, we will notify you by email or by posting a revised version of the Terms on our Site. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use of our Website after the effective date of modifications to the Terms indicates your acceptance of the modifications.
Customers: To access or use our Website, you must be over the age of majority and have the requisite power and authority to enter into these Terms. You may not access or use our Website if we have previously banned you from our Website or close your account.
Consultants: To access or use our Website, you must be over the age of majority and have the requisite power and authority to enter into these Terms. You may not access or use our Website if we have previously banned you from our Website or close your account. Additionally, to continue using our Website after registration, you must be vetted by our Talent team and sign our Consulting Agreement.
We grant you permission to use our Website subject to the restrictions in these Terms. Your use of our Website is at your own risk.
Our Website may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
You must register by creating an account and provide certain information about yourself in order to use some of the features that are offered through our Website. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
By creating an account, you agree to receive certain communications in connection with your use of our Website. If you have subscribed to them, you also will receive email marketing and product-related newsletters from us or notices on the Website. We provide unsubscribe links in all of our email footers if you no longer wish to receive those communications from us.
If you register and create a profile, you may utilize our Website to post materials, express interest in other Users’ profiles, and communicate with other Users on the Website in compliance with the Terms and during the period stated in your acceptance. As a User, you may use Cansulta’s trademarks and service marks in connection with your use of our Website so long as you comply with the guidelines for its use that we may provide to you, as may be amended from time to time. You acknowledge and agree that how you utilize our Services as a User impacts our brand. Accordingly, you agree not to utilize our Website in a manner that diminishes and/or tarnishes our image and/or reputation, and that we may terminate your User Profile and/or license to use our Website immediately if you do so.
We may use third party services and social media platforms to facilitate registration or login to the platform. These third-party websites may have different terms, policies and practices than Cansulta. We do not assume any responsibility for the terms, policies, practices, actions or omissions of the third parties operating these websites. We strongly encourage you to read the privacy policies of these websites to enable you to make an informed decision whether or not to access the platform using these third-party websites. We also prohibit the user of Cansulta’s intellectual property on these third-party websites in a way that is in breach of the prohibited uses of our content and platform as outlined in these Terms.
The purpose of our Website is to provide a neutral Platform that facilitates the provision of professional services to be provided by Consultants to Customers in manner that is compliant with these Terms. You confirm that the content provided on the Website is true and accurate. You also commit to maintain an updated User Profile, that represents the most up-to-date set of content related to your User Profile.
Our Website allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”) in private communications between Customers and Consultants as well as group communications in our Community Forums. Our community forums are restricted to registered users of Cansulta. You are responsible for the Content that you post to the Website, including its legality, reliability, and appropriateness.
By posting Content to the Website, you grant us the right and license to use and distribute such Content on and through the Website for the purpose of facilitating the Services to be provided by Consultants. You retain any and all of your rights to any Content you submit, post or display on or through the Website and you are responsible for protecting those rights.
You represent and warrant that: (i) the Content 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 posting of your Content on or through the Website 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 Website, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website.
You alone are responsible for Your Content and assume all risks associated with Your Content. You represent that you own, or have the necessary permissions to use and authorize, the use of Your Content as described herein.
You may expose yourself to liability if, for example, (i) Your Content contains material that is false, intentionally misleading, or defamatory; (ii) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (iii) contains material that is unlawful, including illegal hate speech or pornography; (iv) exploits or otherwise harms minors; or (v) violates or advocates the violation of any law or regulation.
You hereby acknowledge and agree that Users publish and request Cansulta to publish on their behalf information on the Website about the User, such as feedback, composite feedback, geographical location, or verification of identity or credentials. However, such information is based solely on unverified data that Consultants or Clients voluntarily submit to Cansulta and does not constitute and will not be construed as an introduction, endorsement, or recommendation by Cansulta; Cansulta provides such information solely for the convenience of Users.
You acknowledge and agree that User feedback benefits the marketplace, all Users, and the efficiency of the Website and you specifically permit other Users to post composite or compiled feedback about other Users and their experience; this feedback may be private or public and may be relate to the use of any of our Services and may be posted on Users’ profiles and elsewhere on the Website. You acknowledge and agree that feedback results for you, wherever referenced, and other User Content highlighted by other users or Cansulta on the Website or otherwise (“Composite Information”), if any, may include User comments, User ratings, indicators of User satisfaction, and other feedback left exclusively by other Users. You further acknowledge and agree that Cansulta will make Composite Information available to other Users, including composite or compiled feedback. Cansulta provides its feedback system as a means through which Users can share their opinions of other Users publicly, and Cansulta does not monitor, influence, contribute to or censor these opinions. You agree not to use the Composite Information to make any employment, credit, credit valuation, underwriting, or other similar decision about any other User.
Cansulta does not generally investigate any remarks posted by Users or other User Content for accuracy or reliability and does not guarantee that User Content is accurate. You are solely responsible for your User Content, including the accuracy of any User Content, and are solely responsible for any legal action that may be instituted by other Users or third parties as a result of or in connection with your User Content. Cansulta is not legally responsible for any feedback or comments posted or made available on the Website by any Users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Users from abuse, Cansulta reserves the right (but is under no obligation) to remove posted feedback or information that, in Cansulta’s sole judgment, violates these Terms or negatively affects our marketplace, diminishes the integrity of the feedback system or otherwise is inconsistent with the business interests of Cansulta. You acknowledge and agree that you will notify Cansulta of any error or inaccurate statement in your feedback, and that if you do not do so, Cansulta may rely on the accuracy of such information.
Examples of prohibited uses of our website and Platform
The following are examples of uses that are prohibited on the Website or when using the Website Services:
As between you and Cansulta, you own Your Content. We own the Cansulta Content, including but not limited to the visual interfaces, interactive features, graphics, branded files and templates, promotional assets, design and all other elements and components of our Website excluding Your Content, User Content, and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, moral rights and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the Cansulta Content and our Website, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Cansulta Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to our Website and the Cansulta Content are retained by us.
Categories of Intellectual Property Ownership:
The Website and all contents, including but not limited to text, images, graphics or code are the property of Cansulta and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Website only for your own non-commercial use, or to place an order with Cansulta. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of AKP Solutions Inc. or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Website.
You understand that use of our Services may result in charges to you for the Services you receive from Company or Consultants (“Fees”). After you have requested Services to be obtained through your use of the Platform, Cansulta will facilitate your payment of the applicable Fees on behalf of the Consultant as the Consultant’s limited payment collection agent. Fees will be inclusive of applicable taxes where required by law. Fees paid by you are final and non-refundable, unless otherwise determined by Cansulta.
If you wish to purchase Services made available through the Platform (“Purchase“), you may be asked to supply certain information relevant to your Purchase for use by third-party payment services providers, e.g., Stripe.
Unless otherwise stated, all Fees are due immediately and payment will be facilitated by Cansulta by connecting you to a third-party payment processor or payment services provider, using your preferred payment method, after which you will receive a receipt by email.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant to third parties for the purposes of facilitating the completion of Purchases, access to your payment information.
As between you and Cansulta, Cansulta reserves the right to establish, remove and/or revise Fees for any or all Services obtained through the use of the Platform at any time in Cansulta’s sole discretion.
Cansulta may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar Services obtained through the use of the Platform, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Platform or the Fees applied to you.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: Services availability, errors in the description or price of the product or Services, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.
Live meetings: You understand that you may be holding a reservation for a consultant’s time. If you cancel at least 24 hours in advance of the consultation, you will receive a full refund. If you cancel less than 24 hours in advance, a refund will not be provided.
Cancelling a Consultation session: This can be rescheduled by customers through the Platform. Taxes and rebooking fees apply.
Cancelling an Engagement: This can be requested by the Customer making a request directly to Consultants or vice versa. The Parties are encouraged to come to a mutually agreed solution in writing on the platform, based on which a partial refund may be accommodated, but is not guaranteed. Taxes and rebooking fees apply.
Products: Purchases are final and cannot be cancelled. Refunds are not available on products sold.
By default we don’t offer refunds or exchanges. However, there are exceptions:
Consultations: Where a consultant does not attend a consultation, customers may request a refund. Consulting is often a time-based business, where our consultants provide services for fees based on time spent working with you. Therefore, there are no refunds for consultations where customers do not attend. Customers may request a refund from consultants directly; providing refunds is in the consultant’s discretion when customers do not attend consultations.
Engagements: Generally, refunds are not provided for Engagements. However, in exceptional circumstances, customers may request a refund on a case-by-case basis by emailing us at firstname.lastname@example.org or by reaching out to us on our Contact Us page and you will receive a response within 1-2 business days.
Products: Refunds are not available on products sold.
If applicable, once your refund request is received, we will send you an email to notify you that we have received your request. We will also notify you of the approval or rejection of your refund request.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, as it may take some time before your refund is officially posted.
Next, contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at email@example.com
In order to provide exceptional service, and accuracy, we regularly update the products and Services on the Website.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, Services or the quality of work of Consultants. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Despite our best efforts, the products or Service available on our Website may have an error regarding the price, be inaccurately described, or be unavailable.
We may experience delays in updating information on the Website and in our advertising on other websites.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Website.
You are responsible for safeguarding the password that you use to access the Website and for any activities or actions under your password, whether your password is with our Website or a third-party service.
You agree not to disclose your password to any third-party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Website may contain links to third-party web sites or services that are not owned or controlled by Cansulta.
Cansulta has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Cansulta shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
During the course of providing Services to Customers through the Website, Cansulta may use video conferencing and other virtual communications technologies. You may also exchange electronic versions of documents and content using commercially available software that may be vulnerable to attack by viruses and other destructive electronic programs. As a result of our countermeasures undertaken in this regard, our system may occasionally reject a communication you send, or that is rejected by your system. Accordingly, Cansulta cannot guarantee that all communications and documents will always be received or that such communications and documents will always be virus free, and we make no warranty with respect to any electronic communications between Consultants and Customers or between you and us. In addition, Cansulta makes no warranty with respect to the security of any virtual or electronic communication between you and you consent to our exchange of virtual or electronic communications, including confidential documents, unencrypted.
We may terminate or suspend access to our Website immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms or any other agreements between you and Cansulta.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Website will immediately cease. If you wish to terminate your account, you may simply discontinue using the Website or request your account’s deletion.
You agree to indemnify, defend and hold harmless Cansulta, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands arising out of the following by the Indemnifying Party or its personnel, agents or representatives for (a) negligence or willful misconduct in connection with these Terms or (b) a breach of these Terms.
These include but are not limited to: (a) fees resulting from your use of the Website; (b) your breach of any of these Terms; (c) anything you post on or upload to the Website; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Website using your account whether such access is obtained via fraudulent or illegal means.
Cansulta, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Website; (ii) your inability to access or use the Website; (iii) any conduct or content of any third-party on or related to the Website; (iv) any content obtained from or through the Website; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Cansulta makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Website is at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
Cansulta, its subsidiaries, affiliates, and its licensors do not warrant that a) the Website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Website is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and Cansulta chooses not to immediately act, or chooses not to act at all, Cansulta will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Cansulta does not waive any of its rights. Cansulta shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Laws of Ontario may apply to certain products and service provided.
If a Customer and Consultant fail to come to a mutual resolution by way of the Refund and Cancellation process as stated in the Billing Process, Cansulta may provide a mechanism to resolve the dispute called the Dispute Resolution Process (DRP)
The DPR is not available for disputes filed or initiated past the DRP deadlines, as set forth in the process. It is offered as a form of non-binding assistance to facilitate communication and potential resolution of disputes between Customers and Consultants. The DRP as administered by Cansulta and does not evaluate the quality or functionality of work and cannot render binding judgment or determination as to the parties’ respective rights to the disputed funds.
Disputing Funds Held By Cansulta
This process applies to disputes filed by Customers or Consultants over funds that are held by Cansulta as of the date the dispute is filed. The scope of the Dispute may cover the entirety of the Services approved, paid for and released. In the event of a Dispute, funds will remain with Cansulta while the DRP or Arbitration, as applicable, is being administered. The DRP for a Dispute will be administered as set forth below:
Dispute of Funds Released by Cansulta
This Section applies to disputes filed by Customers or Consultants over funds that have been released from as of the date the dispute is filed. The scope of the Dispute Mediation may cover any portion of or the entirety of the Services approved, paid for and released. The DRP will operate as follows:
For disputes arising between Customers and Consultants, you agree to abide by the dispute process that is explained herein that apply to your particular Service. If the disputes process does not resolve your dispute, you may pursue your dispute independently, but you acknowledge and agree that Cansulta will not and is not obligated to provide any dispute assistance beyond what is provided in these Terms.
If the Consultant or the Customer intends to obtain an order from any arbitrator or any court that might direct Cansulta, or our Affiliates to take or refrain from taking any action with respect to an Account, that party will (a) give us at least five business days’ prior notice of the hearing; (b) include in any such order a provision that, as a precondition to obligation affecting Cansulta or Cansulta , we be paid in full for any amounts to which we would otherwise be entitled; and (c) include in any such order a provision that, as a precondition to any obligation affecting Cansulta, that Cansulta be paid for the reasonable value of the effort to be rendered pursuant to such order.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect.
No Class Proceedings
The laws of the province of Ontario, and the laws of Canada applicable in Ontario, will govern use of this Agreement and the interpretation, validity and effect of this Agreement, notwithstanding the parties’ physical location (whether permanent or temporary), residence or domicile. The parties agree to not commence any action by way of class proceedings, class action or any other claim involving court proceedings.
Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement.
The Parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement that are not resolved by their mutual agreement shall be submitted to final and binding arbitration before ADR Chambers Inc. in Toronto, Ontario (“ADR Chambers”), or its successor, pursuant to the Arbitration Act of Ontario. Either Party may commence the arbitration process called for in this Agreement by filing a written demand for arbitration with ADR Chambers, with a copy to the other Party. The arbitration will be conducted in accordance with the provisions of ADR Chambers’ Arbitration Rules in effect at the time of filing of the demand for arbitration. The Parties will cooperate with ADR Chambers and with one another in selecting a single arbitrator from ADR Chambers’ panel of members, and in scheduling the arbitration proceedings. The Parties covenant that they will participate in the arbitration in good faith. The provisions of this Section may be enforced by any Court of competent jurisdiction, and the Party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, to be paid by the party against whom enforcement is ordered. The place of arbitration shall be Toronto, Ontario.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Website and Services.
If you have any questions about these Terms, please contact us at: