My client has asked me to sign up for toggl.com so they can do their taxes. However, I saw this alarming section in the Terms of Service and am now unsure as to whether it is a good idea to sign up:
- Forfeiture of the right of withdrawal
4.1 The User hereby requests that the Supplier's performance of the Agreement commence immediately and that the benefits to which the User is entitled hereunder, including, where applicable, the Features authorised under his Service Plan(s), be made available to him immediately. The User acknowledges and agrees that by making the above requests he loses the right (if any) to withdraw from the Agreement and, where applicable, the right to withdraw from the Service Plan(s) in question.
The User further requests that the Features to be authorised under any future Service Plan he may obtain be made available to him immediately upon the Service Plan's commencement. The User acknowledges and agrees that by requesting this (and the respective Features becoming available to him) he loses the right, if any, to withdraw from the Service Plan.
It sounds like they are saying that if I sign up for the service then I am agreeing to never end it. However, there is also a section about Termination that apparently says I can end it:
- Termination 19.1. In this article, the term "Agreement" means the Agreement referenced in subsection 2.1(a) and words such as "herein", "hereto", "hereof" and "hereunder" refer to that Agreement, unless otherwise specified.
19.2. The Agreement between the Supplier and a Customer can only be terminated by closing the Customer's User Account. For the avoidance of doubt, where the Customer has more than one User Account, closing an account will only terminate the Agreement pertaining to that account.
19.3. The Agreement between the Supplier and a User other than a Customer can be terminated by notice to the other Party or, if giving notice to the User is impracticable or would result in unreasonable delay or expense, then by the Supplier's ceasing all activities hereunder, except those which are necessary for providing the Service to another User, the protection or enforcement of the Supplier's or other parties' rights, freedoms or legitimate interests, the exercise of the Supplier's statutory rights or freedoms, or to comply with a legal obligation.
19.4. To close his User Account, the Customer must log in to the account, choose "close account" under "profile settings" and confirm that he wishes the account to be closed. However, it should be appreciated that Features (including the appearance, titles and location of menus, tabs, fields, buttons, icons and other objects displayed on the Service) are subject to change, meaning that the steps required of the Customer to close his User Account may vary from time to time. The Supplier will endeavour to keep this procedure as straightforward as possible and will update the Documentation if any changes are made thereto. If the Customer has difficulties closing his User Account, he should contact the Supplier and follow its instructions.
19.5. Either Party may close the Customer's User Account and shall by so doing be deemed to have terminated the Agreement (which, in the civil law context, means 'cancellation', not 'withdrawal'), effective upon the closure of the account, provided that: (a) if the User Account is closed by the Supplier, the Customer must be given at least a month's notice thereof (unless section 19.6 or 20.5 applies or the User Account is closed at the Customer's request); and (b) where the User Account is closed by a Party entitled to withdraw from the Agreement, such Party has failed to notify the other that by closing the User Account he is exercising his right to withdraw (which notice must be served prior to or concurrently with closing the User Account and shall result in the Agreement being deemed to have been terminated by withdrawal).
19.6. Upon a Party's material breach of Agreement the other Party may terminate the Agreement forthwith. Without prejudice to any statutory provision as to what constitutes a material breach, such a breach hereof shall be deemed to have occurred if a Party, having breached any of his principal obligations hereunder or under the Agreement referenced in subsection 2.1(b), fails to discontinue or remedy such breach within 14 days (or, where exceptional circumstances render this period unreasonably short, such longer time as reasonably required) after notice from the other Party specifying the breach and requiring it to be discontinued or remedied.
19.7. Any termination hereof will terminate all Agreements that the User may have under subsection 2.1(b), except that, if the User is a Customer with more than one User Account, the termination will not affect his Agreements under subsection 2.1(b) in relation to Service Plans whose benefits he is entitled to enjoy by reason of a User Account other than the one being closed.
19.8. The termination of a Service Plan terminates the related Agreement under subsection 2.1(b).
19.9. The Agreement under subsection 2.1(c) will only terminate as described in subsection 2.3(c) (with automatic re-establishment of contract) or upon the relevant Organization being closed, and is incapable of being terminated otherwise. Instructions on how to close an Organization are provided in the Documentation.
With this context, what is the plain English meaning of the Forfeiture of the right to withdrawal section?
