TERMS OF USE
This website and its associated mobile application (the “Platforms”) are operated by "New North" the “Company”, “[∙]”, “us”, “our”). The services provided by the Company are available only to residents of Canada. The foregoing terms and conditions of use (the “Terms”) constitute a legal agreement and are entered into by and between you and [New North]. The Terms govern your access to and use of the Platforms, including any content, functionality and services offered on or through the Company’s Platforms.
By accessing the Company’s Platforms, you acknowledge the Terms and agree to be bound by them. If you do not agree to the Terms, please discontinue accessing the Platforms immediately.
Modification to the Terms and the Platforms
The Company reserves the right, in its sole discretion, to modify, alter or otherwise update the Terms at any time and you agree to be bound by such modifications, alterations or updates. The information and material on the Company’s Platforms may be changed at any time in the Company’s sole discretion without notice. The Company will not be liable if, for any reason, all or part of the Platforms are restricted to users or unavailable at any time or for any period.
Information and Services Provided on the Platforms
The information contained on the Platforms is believed to be reliable and accurate at the time it is posted; however, the Company does not guarantee that the information is accurate, complete or current at all times. All information is for general information purposes and should not be considered as an offer or recommendation to trade in any security. The information is not intended to constitute financial, investment, accounting, legal or tax advice and should not be construed as such.
Conditions of Use
As a condition of your access and use of the Company’s Platforms, you agree that you may use the Platforms only for lawful purposes and in accordance with the Terms.
Without limiting the foregoing, you warrant and agree that your use of the Platforms shall not:
· in any way cause damage to the Platforms or impair the availability or accessibility of the Platforms;
· constitute unlawful, illegal, fraudulent or harmful conduct or use of the Platforms; or
· in any manner violate the terms of use of any third-party app, website or service that is linked to the Company’s Platforms.
Privacy
The Company is committed to safeguarding and protecting your personal information; however, the Company cannot guarantee complete confidentiality or security of information that is transmitted electronically. The Company will not be responsible for any damages that you or others may suffer as a result of the loss of confidentiality of such information in the course of transmission over the internet or through the Company’s Platforms. Please refer to the Company’s Privacy Policy for more information. By using the Company’s Platforms, you are consenting to sharing some of your personal information (i.e., your name, mobile phone number and email address) with third parties including those that help the Company provide the services on the Platforms (such as our custodian Interactive Brokers Canada Inc.) as well as the use of cookies and other similar technologies which allow a server to collect non-personal information and recall previous requests or registration and/or internet protocol (IP) addresses to analyze use patterns on the Platforms. Please refer to the Company’s Privacy Policy for more information.
SMS Notifications
By providing your mobile phone number and/or email address when you create an account on our Platforms, you consent to receive communications from the Company via SMS (text messages) and/or emails.
The Company uses your mobile phone number and/or email address to send communications related to:
· verifying your identity and other information you provide to us through an authentication code sent to your mobile phone number;
· notifying you of your appointments, finances and goals (the “Non-essential Notifications”); and
· providing you with general updates and bulletins from the Company.
You may opt out of receiving these communications at any time by:
· replying “STOP” to any SMS message;
· clicking the “unsubscribe” link included in emails for Non-essential Notifications; or
· switching off your SMS and/or email notifications related to Non-essential Notifications within your account profile settings.
Standard message and data rates may apply for SMS communications, depending on your mobile carrier and plan. Email communications may involve standard data usage. By continuing to opt in for such communications from the Company, you acknowledge that you are solely responsible for any fees charged by your carrier.
Collaboration Features
By enrolling in our paid subscription you will gain access to our collaboration feature which enables you to invite other subscribers of [∙] (the “Collaborators”) to view and engage with elements of your account on our Platforms including but not limited to your name, mobile phone number, email address, market values, financial values and account details (the “Collaboration Feature”). By using the Collaboration Feature you acknowledge and consent to the Company sharing your personal information with the Collaborators.
You may revoke a Collaborator’s access to your account on our Platforms at any time by [removing the Collaborator from the invited subscribers list in the Collaboration Feature.]
Intellectual Property Rights and Ownership
You understand and agree that the Company’s Platforms and its contents, features and functionality, including, but not limited to, all information, software, code, data, text, displays, graphics, images, presentation, layout, selection and arrangement, are owned by the Company, its licensors or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret and any other proprietary rights. Any unauthorized use, reproduction, republication, retransmission or distribution of any of the contents contained herein without the express written consent of the Company is strictly prohibited.
Third-Party Websites
The Company’s Platforms may contain links to third-party websites or services that are not owned or operated by [∙]. The Company has no control over, and assumes no responsibility for, the content, privacy policies, terms and conditions, security or practices of any third-party apps, websites or services. Use of any linked apps, websites or services is entirely at your own risk. Such links to third-party apps, websites or services should not be taken as the Company’s endorsement or approval of such other apps, websites or services or the third parties named therein.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORMS AND ANY SERVICES THEREIN IS AT YOUR OWN RISK. THE PLATFORMS AND THE SERVICES THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY THE COMPANY TO THE FULLEST EXTENT PERMITTED BY LAW.
[∙] DOES NOT GUARANTEE THAT ACCESS TO THE PLATFORMS WILL BE UNINTERRUPRTED, TIMELY, SECURE OR FREE OF VIRUSES. IT IS YOUR SOLE RESPONSIBILITY TO TAKE PRECAUTIONS TO ENSURE THAT YOUR DEVICES ARE ADEQUATELY PROTECTED FROM VIRUSES OR OTHER DESTRUCTIVE PROPERTIES.
Indemnification
By accessing the Company’s Platforms, you agree to indemnify and hold harmless, the Company, its affiliates, agents, suppliers and their respective shareholders, directors, officers and employees from and against any and all actions, proceedings, costs, claims, liabilities, damages, and expenses (including reasonable legal fees) arising from or in connection with a breach of the Terms or the use of the Company’s Platforms.
Governing Law and Choice of Forum
The Terms are governed by the laws of the Province of Ontario and the laws of Canada, applicable therein. By accessing the Company’s Platforms, you hereby irrevocably submit and attorn to the provincial and federal courts located in the City of Toronto, Ontario for any disputes or matters arising from, connected with, or relating to the Platforms, this agreement or any related matters.
Severability
If any provision in the Terms is found to be invalid or unenforceable under applicable law, then the remaining provisions shall not be affected and continue to apply in full.
Reporting and Contact
The Platforms are operated by [New North].
Should you become aware of misuse of the Platforms, you must report it to the Company at [hello@findyournorth.ca].
All other feedback, comments, requests for technical support and other communications relating to the Platforms should be directed to [hello@findyournorth.ca].