These Terms of Use ("Terms") govern your access to and use of the website located at canadianinvest.ca and any content, information, documents or materials made available through it (together, the "Site"). The Site is operated by Canadian Invest Inc. ("Canadian Invest", "we", "us" or "our").
By accessing or using the Site, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use the Site.
In short: the Site provides general information about Canadian Invest and its fund. It is not financial advice, not an offer to invest, and not a substitute for the fund documents. All investments involve risk. Use of the Site is at your own risk, and we may change these Terms or the Site at any time.
1. Eligibility
The Site is intended for use by individuals who are at least 18 years of age and who are resident in Canada or otherwise permitted by applicable law to access the Site. By using the Site, you represent and warrant that you meet these requirements.
If you access the Site from outside Canada, you do so on your own initiative and are responsible for compliance with local laws. Nothing on the Site constitutes an offer or solicitation in any jurisdiction where such an offer or solicitation would be unlawful.
2. No offer, no advice
All content on the Site is provided for general informational purposes only. It is not, and must not be relied upon as, financial, investment, legal, tax or accounting advice, or as a recommendation to buy, sell or hold any security or to participate in any investment strategy.
Nothing on the Site constitutes an offer to sell, or a solicitation of an offer to buy, any security, unit or interest in any fund, or an offer of any other financial product or service. Any such offer or solicitation will be made only by means of the applicable fund documents, including the offering memorandum, subscription agreement and any related disclosure, and only in jurisdictions where such an offer or solicitation is lawful.
The examples of asset categories shown on the Site are illustrative only. Actual holdings, strategy, fees and risks are described in the fund documents. Where there is any inconsistency between the Site and the fund documents, the fund documents prevail.
3. Investment risk
Investing involves risk, including the possible loss of some or all of the capital you invest. Returns are not guaranteed and past performance does not predict future results. The value of an investment can go down as well as up.
Because Canadian Invest invests in Canadian assets only, the fund is concentrated in a single country and does not spread risk across other markets. If the Canadian market or the Canadian economy declines, the value of the fund may decline, potentially significantly.
You are solely responsible for evaluating any investment, for reviewing the fund documents and for seeking independent professional advice where appropriate. You should consider your own financial situation, objectives, risk tolerance and time horizon before making any investment decision.
4. Requesting fund information
If you submit your name and e-mail address through the Site, you are asking us to send you fund information. Submitting the form does not create an investor relationship, does not constitute an application to invest, and does not obligate you to invest. We may accept, decline or ignore any request at our discretion.
You agree to provide accurate, current and complete information when you contact us, and to use only your own e-mail address or an address you are authorized to use. You must not submit the personal information of another person without their consent.
Our handling of personal information you provide through the Site is described in our Privacy Policy.
5. Permitted use
You may access and use the Site for lawful, personal and non-commercial purposes only. You agree not to:
- use the Site in any way that violates applicable law or regulation;
- copy, reproduce, republish, upload, post, transmit, distribute, sell, license or otherwise exploit any part of the Site for any commercial purpose without our prior written consent;
- modify, translate, reverse engineer, decompile or create derivative works based on the Site or its content;
- remove, obscure or alter any copyright, trademark or other proprietary notices appearing on the Site;
- use any automated means, including bots, scrapers, spiders or crawlers, to access, monitor, copy or extract data from the Site, or to place an unreasonable load on our infrastructure;
- attempt to gain unauthorized access to the Site, its servers, or any systems or networks connected to the Site, or probe, scan or test the vulnerability of the Site;
- introduce any virus, malware, worm, trojan or other harmful or disruptive code or material;
- interfere with or disrupt the operation of the Site or the servers and networks used to make it available;
- impersonate any person or entity, or misrepresent your affiliation with any person or entity;
- use the Site to send unsolicited communications, advertising or promotional material.
We reserve the right to restrict, suspend or terminate your access to the Site at any time, without notice, if we believe you have breached these Terms or that your use poses a risk to us, to other users or to the Site.
6. Intellectual property
The Site and all content on it, including text, graphics, illustrations, logos, the maple leaf and mountain artwork, page design, layout and code, are owned by or licensed to Canadian Invest and are protected by copyright, trademark and other intellectual property laws of Canada and other jurisdictions.
"Canadian Invest" and associated logos and designs are trademarks of Canadian Invest Inc. No licence or right to use any trademark, logo or design is granted to you by these Terms or by your use of the Site.
Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable licence to view and print pages from the Site for your own personal, non-commercial use, provided you keep all copyright and proprietary notices intact. All other rights are reserved.
7. Third-party content and links
The Site may contain links to websites, resources or services operated by third parties. These links are provided for convenience only. We do not control, endorse, sponsor or take responsibility for any third-party website, content, product or service, and we make no representation or warranty about them.
Your use of any third-party website is governed by that third party's terms and privacy practices, and is at your own risk. You should review the applicable terms and policies before using any third-party website.
8. Availability and changes to the Site
We may add, change, suspend or remove any part of the Site, including content, features and functionality, at any time and without notice. We do not guarantee that the Site will be available at any particular time or that access will be uninterrupted, timely, secure or error-free.
We may also take the Site offline for maintenance, updates or security reasons. We are not liable for any interruption, delay, suspension or discontinuation of the Site or any part of it.
9. Disclaimer of warranties
The Site and all content on it are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied or statutory. To the fullest extent permitted by applicable law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy and quiet enjoyment.
We do not warrant that the Site or its content is accurate, complete, current, reliable or suitable for any particular purpose, or that errors or omissions will be corrected. Content on the Site may become out of date, and we are under no obligation to update it.
Nothing in these Terms excludes or limits any warranty or condition that cannot be excluded or limited under applicable law, including applicable consumer protection legislation.
10. Limitation of liability
To the fullest extent permitted by applicable law, Canadian Invest, its directors, officers, employees, agents, service providers and licensors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, savings, data, goodwill or opportunity, arising out of or in connection with your access to, use of or inability to use the Site, or your reliance on any content on the Site, whether based in contract, tort (including negligence), strict liability or any other legal theory, and whether or not we were advised of the possibility of such damages.
To the fullest extent permitted by applicable law, our total aggregate liability to you for all claims arising out of or relating to the Site or these Terms will not exceed one hundred Canadian dollars (CAD $100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In that case, our liability is limited to the maximum extent permitted by law.
11. Indemnity
You agree to indemnify, defend and hold harmless Canadian Invest and its directors, officers, employees, agents and service providers from and against any and all claims, liabilities, damages, losses, costs and expenses, including reasonable legal fees, arising out of or in connection with: (a) your access to or use of the Site; (b) your breach of these Terms; (c) your violation of any applicable law or the rights of any third party; or (d) any information you submit to us through the Site.
12. Forward-looking statements
The Site may contain statements that are forward-looking, including statements about strategy, areas of investment, objectives or expectations. Forward-looking statements are based on assumptions and are subject to risks, uncertainties and other factors that could cause actual results to differ materially. We do not undertake any obligation to update or revise any forward-looking statement, whether as a result of new information, future events or otherwise.
13. Governing law and jurisdiction
These Terms, and any dispute or claim arising out of or in connection with them or the Site, are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict of laws principles.
You irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario, sitting in Toronto, for the resolution of any such dispute or claim. Nothing in this section prevents us from seeking injunctive or other equitable relief in any jurisdiction where necessary to protect our rights.
14. Changes to these Terms
We may revise these Terms at any time by posting an updated version on the Site and revising the "Last updated" date above. Your continued access to or use of the Site after any change takes effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site.
We encourage you to review this page periodically so that you are aware of the current Terms.
15. General
If any provision of these Terms is found to be invalid, illegal or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect. Our failure to enforce any provision of these Terms is not a waiver of that provision or of our right to enforce it later.
These Terms, together with our Privacy Policy and any additional terms expressly incorporated by reference, constitute the entire agreement between you and us regarding the Site and supersede any prior or contemporaneous agreements on that subject.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without your consent.
16. Contact us
If you have questions about these Terms or the Site, please contact us:
Canadian Invest Inc.
1800-150 King Street West
Toronto, ON M5H 1J9, Canada
E-mail: info@canadianinvest.ca