YR PLANS INC.
Terms and Conditions for Use of System
The following Terms and Conditions for Use of System (“Terms and Conditions”) apply to the system and services supplied by Yr Plans Inc. The term “Yr Plans” (“we” and “us”) refers to Yr Plans Inc. and its affiliates. Should you choose to speak with a Yr Plans representative (the “Agent”), you should note that you are solely responsible for the accuracy of the information you are providing, and Yr Plans will not incur any liability by reason of acting or failing to act in such respect. To avoid any verbal misrepresentation, Yr Plans offers you the ability to transact online. By using Yr Plans’ website and services (the “System”), you, the Yr Plans account holder (“you” or “your”), agree to the terms herein. These terms are in addition to any other customer agreements that govern any accounts which you may have with us but these Terms and Conditions replace and supersede any previous account agreements you might have had with Yr Plans. As a condition to accessing and using the System, you agree without modification to the Terms and Conditions which supplement general plan terms and any agreements between or among you, your employer, and Yr Plans. Yr Plans grants you a single, non-transferable and limited personal license to access and use the System. Each separate use of the System constitutes an acceptance of the Terms and Conditions as stated at that time.
These Terms and Conditions contain important limitations on representations, warranties, conditions, remedies and liabilities that are applicable to the services, so you should read it carefully before using the services. If you do not accept these terms of use, then do not use the this website or any of its content or services. Your continued use of the website will be deemed acceptance by you of these Terms and Conditions. For an explanation of Yr Plans’ practices and policies related to the collection, use, and storage of Yr Plans’ users’ information, please read Yr Plans’ Privacy Policy.
Trademarks and Copyrights
Certain names, words, titles, phrases, logos, icons, graphics or designs found in the System (or other websites accessed from www.yrplans.com) may constitute trade names, trademarks or service marks, either registered or unregistered (“Trademarks”) of Yr Plans, or of third parties and are used under license by Yr Plans. Such Trademarks along with this website are protected by trademark and copyright laws in Canada, United States and other relevant countries. Users of this website may copy or utilize any information for their own personal use. You are prohibited to modify, distribute, transmit, publish or publicly display any such information in any manner, including electronic reproduction by “uploading” or “downloading”, without the prior written consent of Yr Plans. Any product, process or technology described in the website may be the subject of other intellectual property rights reserved by Yr Plans, or its licensors, and are not licensed hereunder. Any unauthorized downloading, retransmission, or other copying or modification of Trademarks or other contents of this website in violation of applicable law may subject you to legal action(s).
Reservation of Rights.
Except for the rights and licenses granted in this Agreement, any and all intellectual property rights to or arising from the Website, Platform and Services shall remain the exclusive property of Yr Plans and its licensors. Nothing in the Terms gives you a right to use the Yr Plans or Yr Plans names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. Any unauthorized use of Yr Plans’ intellectual property rights is a violation of these Terms and Condition as well as a violation of intellectual property laws and treaties, including, without limitation copyright and trademark laws.
Creating an Account.
You must create an account in order to use the Services (your “Account”). When you register, your corporate email address will be used as your login name, and you must select a password. You are responsible for all the activity occurring on your Account, so please select a strong password, and do not share it with any other person. In no circumstances will Yr Plans be liable for any damages caused by any unauthorized access to or use of your Account.
As an Account holder, you agree that you are solely responsible for the confidentiality and security of your password. You agree not to disclose your password and keep it secure. Furthermore, you agree that you are responsible for all information entered through and under your login name and password, and any information or direction received by Yr Plans in this manner are deemed to have been received from you. All plan directions shall be deemed to be made at the time received by Yr Plans in the form received. You acknowledge that your password is unique to you and that Yr Plans does not have access to them.
If you suspect or become aware that someone has used your login name and password to access the System without your authorization, please e-mail us at help@yrplans.com or telephone us at the contact number listed on our website. No Yr Plans Agent will ask you for your password.
No Liability for Information or Data and No Advice
Yr Plans provides no advice. Information provided by Yr Plans either on-line or by speaking to an Agent is for informational purposes only and is not intended to provide investment, financial, legal, accounting or tax advice and may not be relied upon in that regard. Yr Plans does not provide investment advice with respect to the allocation of plan payments. You therefore will receive no advice from Yr Plans concerning the repayment of student loans or any other financial matters, and are solely responsible for assessing the appropriateness of any transaction through your Account. If you wish to receive any form of financial advice in connection with the repayment of your loan(s), it is your responsibility to contact your own financial advisor.
Yr Plans may record any telephone conversation between Yr Plans, you and your agents. Yr Plans may use these recordings to confirm your instructions, evaluate the quality of Yr Plans’ service and ensure compliance with its policies. The information on the System is subject to change without notice.
Confidentiality.
“Confidential Information” means information of a party (“Disclosing Party”) that the other party (“Receiving Party”) receives in connection with the Services, which based on the circumstances under which it was disclosed, a reasonable person would believe to be confidential to the Disclosing Party, including, without limitation, your employee’s information, details of your benefits plans, company financial information and any other non-public content posted, transmitted or accessed through the Services. A Receiving Party shall (i) limit access and use of Disclosing Party’s Confidential Information to those of Receiving Party’s employees and agents that require such access and use in connection with the Services; (ii) not disclose Disclosing Party’s Confidential Information to third parties, unless authorized under this section of the Terms and Conditions; (iii) protect the Disclosing Party’s Confidential Information as it protects its own Confidential Information, but in any event with not less than a reasonable degree of care; and (iv) not use the Disclosing Party’s Confidential Information for any purpose except as required to perform its obligations hereunder or as otherwise specifically permitted hereunder. Nothing in this section shall prevent a Receiving Party from disclosing Confidential Information to a third party to the extent that such Confidential Information is: (i) previously known to the Receiving Party prior to disclosure by the Disclosing Party, without any obligation of confidentiality; (ii) publicly known or becomes publicly known through no breach of these Terms and Conditions by the Receiving Party; (iii) rightfully received from a third party under no confidentiality obligation with respect to the Confidential Information; or (iv) independently developed by the Receiving Party without use of the Disclosing Party’s Confidential Information.
Withholdings and Fees
Where applicable, withholdings from your loan payments will include those mandated by your employer, tax authorities as well as the Yr Plans service fees associated with your transaction(s).
System Use Disclaimer
The Yr Plans services and web site provide an on-line platform for the management of student loan repayments (the “Services”). Yr Plans will use best efforts to offer you an electronic service that is reliable, secure, and capable of meeting your needs. From time to time, however, interruptions, delays, errors or other deficiencies in service may occur. This may be due to a variety of factors, most of which are outside Yr Plans’ control, including but not limited to acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, interruptions in the accessibility of the Internet, a system outage in facilities of a third party service provider (including data providers, and middleware and back office service providers). Each of these factors can contribute to delays or errors in service or system outages. You may experience difficulties accessing your information.
You are not permitted to use this website for student loan repayments or Account changes unless you are a Yr Plans Account holder or are authorized with a valid power of attorney from the Yr Plans Account holder to: (i) bind the Account holder to these Terms and Conditions; and (ii) act as the agent of the Account holder for the purposes of using the System; and (iii) act for the Account holder for all transaction related activity.
Your use of the System, including electronic, online, and automated telephone services, software, systems and facilities (the “System”) made available by Yr Plans are subject to the following:
System is not guaranteed.
Neither Yr Plans, nor third party owners, licensors or suppliers of equipment, software, systems, services or facilities used or made available in connection with the Services are liable for any representation, warranty or condition, whether express or implied, concerning the System or the use thereof, including, without limitation, that the System will meet your needs or that the System will be available for use at any particular time or for any particular purpose or will operate error free. Without limiting the foregoing, any express or implied, direct or indirect, representations, warranties and conditions in respect of the System arising or implied by statute, common law, custom, usage of trade, course of performance, course of dealing or otherwise, including, but not limited to, any warranties on conditions of merchantable quality and fitness for a particular purpose are expressly excluded when accessing or using the System.
Yr Plans may alter, suspend, or discontinue this website or Services at any time and for any reason or no reason, without notice. The website, System and Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Yr Plans may periodically add or update the information and materials on this website without notice.
The System may contain links to third-party websites for convenience only. Yr Plans does not endorse and is not responsible or liable for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on these third-party websites.
Security.
Information sent or received over the Internet is generally unsecure and Yr Plans cannot and does not make any representation, warranty, or condition, concerning security of any communication to or from the website or any representation or warranty regarding the interception by third parties of personal or other information.
Disclaimer of representations, warranties and conditions.
The website, System and Services, and all materials provided therein are provided "as is" and “as available.” Yr Plans specifically disclaims all representations, warranties and conditions, either express, implied, statutory, by usage of trade, course of dealing or otherwise including but not limited to any implied warranties of merchantability, merchantable quality non-infringement, title, satisfactory quality or fitness for a particular purpose. Any information or material downloaded or otherwise obtained through the use of the Services is at your own discretion and risk and you will be solely responsible for any damage to your computer system, loss of data, or any other loss that results from downloading or using any such material. Yr Plans does not warrant, endorse, guarantee, provide any conditions or representations, or assume any responsibility for any product or service advertised or offered by any third party through the website or in respect to any website that can be reached from a link on the website or featured in any banner or other advertising on the website, and Yr Plans shall not be a party to any transaction that you may enter into with any such third party. Yr Plans will not be liable for any type of content exchanged by means of the service.
Limit of Liability for use of the System
Yr Plans is not responsible in any manner for direct, indirect, special, incidental or consequential damages, losses or expenses, however caused, including any loss of use, lost or incorrect data, lost profits, opportunity cost, business interruption, personal injury, or any other economic loss, whether the action is in contract, tort (including negligence) or other action, arising out of your use of the System and/or any web browser and/or in reliance on information available on the website, including, but not limited to loan repayments, any damages you may suffer if you transmit confidential or sensitive information to us or if we communicate such information to you at your request over the internet, or damage resulting from failure of electronic or mechanical equipment or communications lines, the internet, telephone or other inter-connect problems, power failure, or third party system failure.
Laws of some jurisdictions do not allow limitations on certain warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers, exclusions or limitations contained in these Terms and Conditions may grant you additional rights.
Indemnification.
You shall indemnify, defend and hold Yr Plans and its subsidiaries, affiliates, officers, agents, and employees, harmless from all claims, actions, proceedings, demands, damages, losses, costs, and expenses (including reasonable attorneys' fees), incurred in connection with your use of the Services, any materials, information or data submitted, posted, transmitted or made available by you through the Service, including any information that violates the privacy rights of any individual and/or any violation by you of these terms and Conditions.
Restrictions on User Data and Use of the Services.
Yr Plans reserves the right at all times (but will have no obligation) to remove any user data and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to
(i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.
In using the website, System and/or Services you shall not and shall not permit any person to:
(a) use the System other than as permitted by these Terms and Conditions;
(b) use the System to send, store, publish, post, upload or otherwise transmit any user data in violation of any warranty, representation or obligation of the Account holder under these Terms and Conditions;
(c) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the System available to any third party, other than employees, or as otherwise expressly contemplated in accordance with these Terms and Conditions;
(d) use the System to upload, collect, transmit, store, use or process, or ask us to obtain from third parties, any data or information: (A) that you do not have the lawful right to copy, transmit, distribute, and display; (B) for which you do not have the consent or permission from the owner of any personal information contained therein; (C) that infringes, misappropriates or otherwise violates any intellectual property or other proprietary rights of any third party (including any copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity or privacy); (D) that is tortious, defamatory, obscene, or offensive; or (E) that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability.
(e) use the System to send, store, publish, post, upload or otherwise transmit any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another;
(f) use the System in a manner that interferes with or disrupts the integrity or performance of the System;
(g) attempt to gain unauthorized access to the System or its related systems or networks;
(h) use or knowingly permit the use of any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the System;
(i) use any data mining, robots or similar data gathering or extraction methods;
(j) access the System for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the System; or
(k) copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the System or any part thereof or otherwise attempt to discover any source code or modify the Platform, except as expressly provided for in these Terms and Conditions.
Feedback.
If you provide Yr Plans with any suggestions, comments or other feedback relating to any aspect of the website, System and/or Service ("Feedback"), Yr Plans may use such Feedback in the website or in any other Yr Plans products or Services (collectively, " Yr Plans Offerings"). Accordingly, you agree that: (a) Yr Plans is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to Yr Plans, (c) Yr Plans (including all of its successors and assigns and any successors and assigns of any of the Yr Plans Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Yr Plans Offerings, and (d) you are not entitled to receive any compensation or reimbursement of any kind from Yr Plans or any of the other users of the website in respect of the Feedback.
Personal Information amongst Affiliates
We may disclose your personal information to affiliated entities solely for the following purposes: (i) to facilitate the processing of transactions requested by you, and (ii) to assist us in offering Services to you. Except in the preceding specific, limited situations, we will not make any disclosures of personal information to other companies who may want to sell their products or services to you without your consent.
Yr Plans shall not be in breach of these Terms and Conditions or liable to account for any profit or gain Yr Plans makes if and when it appoints, employs, contracts or deals with any of its affiliates for the Services provided to you.
Amendment and Terminations
These Terms and Conditions may be amended or updated by Yr Plans from time to time without notice and the terms of use may have changed since your last visit to this website. It is your responsibility to review these Terms and Conditions for any changes. Your use after any amendments or updates of these Terms and Conditions shall signify your acceptance of such revised terms. Any new features that may be added to this website from time to time will be subject to these Terms and Conditions, unless stated otherwise. You should visit this page periodically to review these Terms and Conditions.
General
These Terms and Conditions, and our Privacy Policy, constitutes the entire agreement between the parties relating to the website, the Services and all related activities. The parties intend that their relationship to one another is that of an independent contractor and nothing in these terms creates the relationship of agent, partner, representative, joint venture or employment relationship between the parties. These Terms and Conditions shall not be modified except in writing signed by both parties or by a new posting of these Terms and Conditions issued by Yr Plans. If any part of these Terms and Conditions is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Yr Plans to exercise or enforce any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Yr Plans must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms and Conditions, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Yr Plans’ prior written consent. These Terms and Conditions shall be governed by the laws of the Province of Alberta and the laws of Canada applicable therein. The parties hereby agree to submit to the jurisdiction of the Courts of the Province of Alberta.