Terms of Service

These Terms of Service (the “Terms”) form a legally binding agreement between GetNuans (“GetNuans”, “we”, “us”, or “our”) and the individual or entity accessing this website or purchasing our services (“you”, “your”, or the “Customer”). By accessing or using the website, or by placing an order, you confirm that you have read, understood, and agree to be bound by these Terms and by the policies incorporated into them by reference, including our Privacy Policy, Refund Policy, and Disclaimer. If you do not agree with these Terms, you must not access the website or place an order.

You represent that you have reached the age of majority in your province or territory of residence (in Ontario, at least eighteen (18) years of age), that you have the legal capacity to enter into a binding contract, and, where you act on behalf of a corporation, partnership, or other entity, that you have the authority to bind that entity to these Terms.

GetNuans is an independent private service operated by a NUANS member. It is not affiliated with, endorsed by, or operated by the Government of Canada, the Government of Ontario, or the Government of Alberta.

GetNuans is a private online service. Reports are obtained using a NUANS® member's authorized access to the NUANS® system and are delivered to you electronically. The fees we charge are service fees for preparing, obtaining, and delivering your report or search result; they are not government filing fees. Any belief that you were transacting with a government body does not alter your obligations under these Terms.

GetNuans enables you to order NUANS® reservation reports online for supported Canadian jurisdictions — currently Ontario, Alberta, Federal (Canada), New Brunswick, Nova Scotia, Prince Edward Island, and the Northwest Territories — as well as preliminary name searches. The jurisdictions and services offered may change from time to time; the services available at any given time are those listed on the website. Each product is described on its respective service page, and those descriptions form part of the contract between you and us for the relevant order.

We provide name-search products only. We do not incorporate companies, register business names, prepare or file articles, file trademarks, act as agent for service, or submit documents to any government registry on your behalf. While we offer Federal NUANS® reports, new federal incorporations and Corporations Canada corporate name preapprovals are filed through Corporations Canada's own process and are not sold through this website.

We may add, modify, suspend, or discontinue any service, feature, or price at any time without notice. Changes do not affect orders that have already been confirmed and paid.

GetNuans is not a law firm and does not provide legal, accounting, tax, or other professional advice. All content on this website, and any communication from us, is general information only and must not be relied upon as a substitute for advice from a qualified professional. You are solely responsible for deciding whether and how to use a report or search result, including whether to proceed with any filing, and we recommend that you obtain independent professional advice appropriate to your circumstances.

By using the website or placing an order, you represent and warrant that: all information you provide to us is true, accurate, current, and complete; you will use the website and our services only for lawful purposes and in compliance with all applicable federal, provincial, and municipal laws and regulations; you are authorized to use the payment method provided; and you will promptly notify us of any change to information relevant to an open order.

If any information you provide is untrue, inaccurate, or incomplete, or if we have reasonable grounds to suspect fraud or misuse, we reserve the right to suspend or cancel the affected order and to refuse any current or future use of our services.

All prices are stated in Canadian dollars (CAD) and are shown on each service page and at checkout (NUANS® reservation reports are $39.95 CAD per jurisdiction; a preliminary name search is $14.95 CAD). Applicable taxes, if any, are displayed before you pay. Prices are subject to change at any time, but a price change will not affect an order you have already paid for.

Payments are processed by our third-party payment provider, Stripe. Your payment method is charged when you complete checkout. We do not receive or store your full card number. A binding contract for the ordered service is formed at the moment your payment is successfully processed and your order is confirmed.

In the event of a billing error on our part, including a duplicate or incorrect charge, we will reverse or adjust the charge; such corrections are administrative adjustments handled separately from the Refund Policy.

We strive to keep the information on this website accurate, but product descriptions, pricing, availability, and other content may occasionally contain typographical errors, inaccuracies, or omissions, and the website may occasionally experience temporary technical faults, including checkout or duplicate-order issues. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the website at any time without prior notice.

If an obvious error affects your order — such as a materially incorrect displayed price, an incorrect service description, or a duplicate submission caused by a website fault — we may cancel the affected order before the report or search result is generated and issue a full refund, or contact you with the option to proceed on corrected terms. We are not obligated to honour a price or description that a reasonable person would recognize as a mistake.

To protect our customers and our business, orders may be screened for fraud. We may, at our discretion, require verification of your identity, your authority to use the payment method provided, or your authorization to request a search on behalf of another person or entity, and we may place an order on hold, or refuse or cancel it, until such verification is completed to our reasonable satisfaction.

We reserve the right to refuse, cancel, or decline any order where we suspect fraud, unauthorized payment, or unlawful use, or where our verification requirements are not met, and we may cooperate with our payment processor, financial institutions, and law enforcement in investigating suspected fraudulent, unauthorized, or unlawful transactions. If we cancel an order under this section before your report or search result has been generated, you will receive a full refund.

After your payment is confirmed, your report or preliminary search result is prepared and sent as a PDF to the email address provided with your order. You may also retrieve it through the Track Order page using your order number and email address. Delivery is deemed to have occurred when the document is sent to the email address you provided.

It is your responsibility to provide a valid, accessible email address and to check your spam or junk folder. If your document does not arrive, contact us promptly and we will re-send it at no charge. Non-receipt caused by an incorrect email address supplied by you does not constitute a failure of delivery on our part.

A search is run against the exact information you submit. You are solely responsible for the accuracy of the proposed name and its spelling, the selected jurisdiction, the stated filing purpose, and your contact information. Errors in these details — including spelling mistakes or selection of the wrong jurisdiction — may render a report unusable for your intended filing and are not automatically grounds for a refund.

Please review your order carefully before submitting it. If you discover an error, contact us immediately: if the report or search result has not yet been generated, we can correct the details or cancel the order.

Most orders are processed automatically, but some orders may require manual review or additional information from you — for example, to clarify a proposed name, resolve a verification requirement, or confirm order details. If we request additional information and do not receive a response within a reasonable time, we may place the order on hold or treat it as abandoned and close it.

Where work has already been performed or costs have already been incurred on an order — including where a report or search result has been generated — an abandoned order may not be refundable. If you contact us after an order has been treated as abandoned, we may, at our discretion, reactivate the order or ask you to place a new one.

A NUANS® report identifies existing corporate names, business names, and trademarks that may be identical or confusingly similar to your proposed name. A report reflects the data available in the NUANS® system at the time the search is performed and the exact name details you provide; it may not capture every similar name, and results can change over time.

A NUANS® report does not itself approve, register, incorporate, or trademark a proposed name.

A report is one input into a filing. The applicable government registry makes the final and sole decision on whether a proposed name is accepted, and we make no representation or warranty that any name will be approved, reserved, or available. A NUANS® report is generally valid for ninety (90) days from the date of the search; once it expires, a new report is required, and expiry of a report is not grounds for a refund.

Refunds are governed by our Refund Policy, which is incorporated into these Terms by reference. In summary: if you cancel before your report or search result has been generated, you are eligible for a full refund; once a report or search result has been generated and delivered, the service has been performed and the order is generally non-refundable; if a technical failure on our side prevents generation or delivery of a paid order, we will re-send the document or issue a full refund; and duplicate or erroneous charges will be refunded in full.

For clarity, once a report or search result has been generated and delivered as ordered, none of the following is grounds for a refund: an incorrect or misspelled proposed name; selection of the wrong province or jurisdiction; change of mind or buyer's remorse; the proposed name proving to be unavailable; rejection of the name or of any filing by a government registry; a mistaken belief that you were transacting with a government website or agency; or failure to use the report before its ninety (90) day validity period expires.

Because our products are digital services that are generated specifically for the name you submit, and generation typically begins shortly after payment, please contact us as soon as possible if you wish to cancel or correct an order.

If you have any concern about a charge, we ask that you contact us first so that we can resolve the matter directly — most issues can be settled quickly through support. Where a report or search result has been generated and delivered as ordered, the circumstances listed in Section 13 as not being grounds for a refund are likewise not valid grounds for a payment dispute.

If a chargeback is initiated, we reserve the right to respond through the payment processor with relevant evidence, including order records, delivery logs, and correspondence, and to recover any amounts owing for services that were properly rendered.

You agree to use the website and our services only for lawful purposes. You must not: interfere with or disrupt the website, our systems, or other customers' orders; attempt to gain unauthorized access to any portion of the website, server, or database; use automated means (including bots, scrapers, or scripts) to access the website or place orders in bulk without our prior written consent; introduce viruses or other harmful code; misrepresent your identity; or use the services in connection with any unlawful, fraudulent, or infringing activity.

Our services are intended for use by the purchasing customer or, where the purchaser is a professional intermediary such as a lawyer or accountant acting for a client, for that client's benefit. You may not resell, white-label, rebrand, or redistribute our services or reports as your own offering, or use our services to operate a competing service, without our prior written consent. Where a professional intermediary places an order, the intermediary is our customer of record and is responsible for payment, communication, and compliance with these Terms. Any violation of this section constitutes a material breach of these Terms and may result in immediate suspension or termination under Section 24.

All content on this website — including text, graphics, logos, page layouts, and software — is owned by or licensed to GetNuans and is protected by Canadian and international copyright, trademark, and other intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable licence to access the website and to use content and documents you purchase for your own business purposes. You may not otherwise copy, modify, republish, distribute, or commercially exploit any part of the website or its content without our prior written consent. All rights not expressly granted are reserved.

NUANS® is a registered trademark, and the NUANS® software and data are the property of the Government of Canada (Corporations Canada). The mark is used on this website solely to describe the reports we provide, and nothing in these Terms grants you any right in it. All other product and company names may be trademarks of their respective owners.

Our services depend on third-party systems, including Stripe for payment processing, email service providers for delivery, and the NUANS® system for report generation. Your use of third-party services is subject to those providers' own terms and privacy policies, and we are not responsible for their acts, omissions, or availability.

Without limiting the foregoing, we are not responsible for: omissions, inaccuracies, or delays in third-party or government databases reflected in a report or search result; processing delays by any government registry; changes to registry rules, requirements, or fees; errors or outages of our payment processor; or email delivery failures caused by your email provider, spam filtering, or an incorrect address supplied by you.

The website may also contain links to third-party websites for convenience; we do not monitor or endorse them and accept no responsibility for their content, policies, or practices. You access third-party websites at your own risk.

We do not guarantee that the website will be available at all times or that access will be uninterrupted. Access to the website may be interrupted, delayed, suspended, or restricted, in whole or in part, due to maintenance, updates, technical failures, capacity limitations, or circumstances beyond our reasonable control, and we may modify, update, or remove any part of the website at any time without notice.

To the fullest extent permitted by law, we are not liable for any loss arising from the unavailability, interruption, or modification of the website. If an interruption on our side prevents generation or delivery of a paid order, the remedies in Section 13 (Cancellations and refunds) apply.

Our collection, use, disclosure, and retention of personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference and complies with the Personal Information Protection and Electronic Documents Act (PIPEDA) and other applicable privacy laws. By using the website or placing an order, you consent to the handling of your information as described in the Privacy Policy.

Without limiting the Privacy Policy, you acknowledge that we may retain order records, invoices, reports and search results, and related communications for as long as reasonably necessary for accounting, tax, legal, and regulatory compliance, fraud prevention, customer support, and the establishment, exercise, or defence of legal claims, after which such records are deleted or anonymized in accordance with the Privacy Policy.

By visiting the website, emailing us, or completing online forms, you communicate with us electronically, and you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, receipts, reports, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing, and you agree to the use of electronic records and electronic delivery of documents in connection with your orders. You are responsible for keeping your email address current for any open order.

Except as expressly stated in these Terms, and to the fullest extent permitted by applicable law, the website, our services, and all reports and search results are provided on an “as is” and “as available” basis, without warranties or conditions of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the website will be uninterrupted, timely, secure, or error-free; that any report will be free of omissions; or that any proposed name will be approved by any registry.

Nothing in these Terms excludes, restricts, or modifies any consumer right or statutory warranty that cannot be excluded, restricted, or modified under applicable law, including under the Consumer Protection Act, 2002 (Ontario).

To the fullest extent permitted by applicable law, GetNuans and its owners, employees, contractors, and agents shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages — including loss of profits, revenue, business opportunity, goodwill, or data — arising out of or in connection with the website, our services, any report or search result, or these Terms, whether the claim is based in contract, tort (including negligence), statute, or any other legal theory, and even if we have been advised of the possibility of such damages. This includes, without limitation, any loss arising from registry rejection of a proposed name, unavailability of a name, inaccuracies or omissions in third-party data reflected in a report, or your reliance on any report or search result.

To the fullest extent permitted by applicable law, our total cumulative liability for all claims arising out of or relating to an order or your use of the services shall not exceed the amount you paid to us for the order giving rise to the claim.

Nothing in these Terms excludes or limits liability for fraud or fraudulent misrepresentation, gross negligence or wilful misconduct, or any other liability that cannot be excluded or limited under applicable law. If you believe we have made an error in performing a service, you agree to notify us promptly — and in any event within thirty (30) days of delivery — so that we have a reasonable opportunity to investigate and correct it.

You agree to defend, indemnify, and hold harmless GetNuans and its owners, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with: your breach of these Terms; your violation of any applicable law or the rights of any third party; the information you submit with an order; or your use or misuse of the website, our services, or any report or search result.

We reserve the right, in our sole discretion and without liability, to suspend or terminate your access to the website or our services, and to cancel any open order, if you breach these Terms, if we cannot verify information relevant to an order, or if we reasonably suspect fraudulent, abusive, or unlawful activity. If we cancel an order under this section before the report or search result is generated, we will refund the amount paid for that order unless the cancellation results from your fraud or material breach.

Termination does not affect rights and obligations that accrued before termination. Sections of these Terms that by their nature should survive — including those addressing intellectual property, disclaimers, limitation of liability, indemnification, and governing law — survive any termination.

We shall not be liable for any delay or failure in performance caused by events beyond our reasonable control, including outages or unavailability of the NUANS® system or any government registry, internet or telecommunications failures, power failures, acts of God, fire, flood, epidemic, labour disputes, war, terrorism, or governmental action. Our obligations will be suspended for the duration of the event and will resume as soon as reasonably practicable. If such an event prevents delivery of a paid order for more than thirty (30) days, either party may cancel the affected order and, provided no report or search result has been generated, we will issue a full refund.

These Terms, and any dispute or claim arising out of or in connection with them or with any order (including non-contractual disputes), are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.

Before commencing any formal proceeding, you agree to first contact us so that we may attempt to resolve the dispute informally. Subject to any rights you may have under applicable consumer protection legislation, you agree to submit to the exclusive jurisdiction of the courts located in the Province of Ontario for the resolution of any dispute arising under these Terms. Nothing in this section prevents either party from bringing a claim in a small claims court of competent jurisdiction.

We may revise these Terms from time to time in our discretion. The effective date at the top of this page indicates when the current version took effect. Changes take effect when posted to this page, and your continued use of the website after a change is posted constitutes acceptance of the revised Terms. It is your responsibility to review these Terms periodically. Each order is governed by the version of these Terms in effect at the time the order is placed.

Assignment: You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent, and any attempted assignment in violation of this section is void. We may assign these Terms or any of our rights and obligations without restriction, including in connection with a merger, acquisition, or sale of assets.

Severability and waiver: If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision, and no waiver of any term is a further or continuing waiver of that term or any other term.

Entire agreement: These Terms, together with the Privacy Policy, Refund Policy, Disclaimer, and the service descriptions applicable to your order, constitute the entire agreement between you and GetNuans regarding the website and our services, and supersede all prior or contemporaneous understandings, agreements, representations, and warranties. Section headings are for convenience only and have no legal effect.

Questions about these Terms may be directed to [email protected] or submitted through the Support page. We aim to respond to all inquiries promptly.