INTELLECTUAL PROPERTY RIGHTS
x.1. All intellectual property rights relating to this website and any related services and/or materials provided to me or accessed by me under the agreement shall be owned by Kindred Credit Union Limited (“Kindred” herein). All such rights are reserved.
x.2. I may print off one copy, and may download extracts, of webpages from the websites for my personal use. I must not modify the paper or digital copies of any materials I have printed off or downloaded in any way, and I must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of such intellectual property rights must always be acknowledged.
NO RELIANCE ON INFORMATION
x.1. The content on the websites and other information which is displayed or provided to me is provided for general information only. It is not intended to amount to advice, including financial advice, on which I should rely. I must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our websites or other information displayed to me.
x.2. Although Kindred makes reasonable efforts to update the information on our websites and otherwise provided to me, Kindred makes no representations, warranties or guarantees, whether express or implied, that the content on our websites or in documents provided to me are accurate, complete or up-to-date.
x.1. To the maximum extent permitted by law, the websites are provided “as is” and “as available”. While Kindred endeavors to provide the best service it can, Kindred hereby disclaims all warranties of any kind, whether express, implied or otherwise, including, without limitation, the warranties of fitness for a particular purpose and non-infringement. Kindred does not warrant that the websites will be complete, accurate, reliable, timely, secure, error free or that access thereto will be continuous or uninterrupted. I understand that I am using the websites at my own discretion and risk.
x.2. Kindred does not warrant that the provision of the websites complies with the laws of any country apart from Canada.
x.3. The provisions in this clause do not affect my statutory or mandatory rights which cannot be excluded by applicable law.
THIRD PARTY SITES
The websites may contain links to other independent third-party websites. Third-party sites are not under Kindred’s control, and Kindred is not responsible for and does not endorse their content or their privacy policies (if any). I will need to make my own independent judgement regarding my interaction with any third-party sites, including the purchase and use of any products or services accessible through them.
GENERAL REPRESENTATIONS AND WARRANTIES
I represent and warrant that my use of the websites will be in strict accordance with the agreement. In particular, I represent and warrant that:
a. I will comply with the agreement at all times;
b. I will provide Kindred with accurate and up-to-date information (where required);
c. I will not use the websites in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the agreement, or act fraudulently or maliciously;
d. I will not infringe our intellectual property rights or those of any third party;
e. I will not use the websites in a way that could damage, disable, overburden, impair or compromise the systems or security or interfere with other users; and
g. I will not collect or harvest any information or data from any content or our systems or attempt to decipher any transmissions to or from the website servers.
LIMITATION OF LIABILITY
x.1. Nothing in this agreement limits or excludes Kindred’s liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation or any other liability than cannot be excluded under law.
x.2. To the extent permitted by law, Kindred excludes all conditions, warranties, representations or other terms which may apply to the websites, whether express or implied.
x.3. Kindred will not be liable to me for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: a. Use of, or inability to use, the websites; andb. Use of, or reliance on, any content displayed on the websites.
x.4. Kindred shall not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for indirect, consequential or special loss, loss of profit, loss sales or business opportunity, loss of agreements or contracts, loss of anticipated savings and loss of or damage to goodwill arising under or in connection with this agreement.
x.5. In addition, Kindred will not be liable for any loss or damage caused by:
a. A virus, distributed denial-of-service attack, or other technologically harmful material that may infect my computer equipment, computer programs, data or other proprietary material due to my use of the websites or to my downloading of any content on it, or any websites linked to it; and
b. Any failure or delay in providing the websites to me due to matters beyond Kindred Credit Union Limited’s reasonable control.
x.1. Kindred may terminate this agreement and suspend my use of or access to all or any part of the websites immediately by contacting me at my email address on record if:
a. I commit a breach of the agreement, as determined by Kindred in our discretion, or Kindred suspects that may be the case;
b. Kindred considers termination necessary to protect the integrity or security of the systems at any time;
x.2. On termination of the agreement, all rights granted to me under the agreement shall cease and I must immediately cease all activities authorized by the agreement.
12.3. Any provision of this agreement that expressly or by implication is intended to come into or continue in force on or after termination of this agreement shall remain in full force and effect.
x.4. Termination or expiry of this agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry.
x.1. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
If Kindred fails to insist that I perform any of my obligations under this agreement, or if Kindred does not enforce its rights against me, or if Kindred delays in doing so, that will not mean that Kindred has waived its rights against me and will not mean that I do not have to comply with those obligations. If Kindred does waive a default by me, it will only do so in writing, and that will not mean that Kindred will automatically waive any later default by me.
ASSIGNMENT AND OTHER DEALINGS
x1. I may not assign, transfer or deal in any other manner with any or all of my rights under this agreement without the prior written consent of Kindred.
x.2. Kindred may at any time assign, transfer or deal in any other manner with any or all of the rights under this agreement, provided that such dealing will not materially affect my rights under this agreement or the obligations owed to me under this agreement.
Each of the paragraphs of this agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Kindred reserves the right to change the agreement at any time for any reason. Any changes Kindred may make to the agreement in the future will be notified to me by email or by posting on Kindred websites in advance.
THIRD PARTY RIGHTS
This agreement is between me and Kindred. No other person shall have any rights to enforce any of its terms.
GOVERNING LAW AND JURISDICTION
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Province of Ontario and I agree that the courts of the Province of Ontario shall have exclusive jurisdiction over such disputes or claims.
BUSINESS OUTSIDE ONTARIO
Kindred is not entitled to accept deposits from, or make loans to, a person who is not a member of Kindred. This web site, and the information contained herein, is not an effort to solicit business from those Kindred is not permitted to accept into membership. In particular, this web site is not an offer to buy or sell products or services outside Ontario, and any information contained herein regarding mutual funds is not an offer to buy or sell mutual funds*.
*Financial planning services and mutual funds are offered through Qtrade Asset Management Inc., (“QAM”), Member MFDA. Securities and securities related financial planning services are offered through Qtrade Advisor, a division of Credential Qtrade Securities Inc. (“CQSI”), Member of the Canadian Investor Protection Fund. Online Services are offered through Qtrade Investor, a division of Credential Qtrade Securities Inc., member of IIROC and CIPF.
QAM and CQSI are subsidiaries of Aviso Wealth. Commissions, trailing commissions, management fees and expenses all may be associated with mutual funds investments. Please read the prospectus before investing. Mutual funds are not guaranteed, their values change frequently and past performance may not be repeated. Money market mutual funds are not covered by the Canada Deposit Insurance Corporation or by any other government deposit insurer. There can be no assurances that a money market fund will be able to maintain its net asset value per security at a constant amount or that the full amount of your investment in the fund will be returned to you.