These are the Terms of Use (“Terms”) that govern the use of the website https://www.bizfunding.ca/
The following Terms may be updated at any time without notice to the user. The user can review the most current version of the Terms at any time by clicking the link to “Terms of Use” on the website. The user shall be subject to any posted rules applicable to such additional services which may be posted from time to time. All such rules are hereby incorporated by reference into the Terms.
By using the website, the user agrees to the Terms.
Services
The website connects Entrepreneurs that need funding with Investors, Lenders, Fund Managers and Brokers that provide funding.
Entrepreneurs post their funding needs. Investors, Lenders, Fund Managers and Brokers post their funding available.
The services may also include advertisements on the website from third-party advertisers.
Unless explicitly stated otherwise, any new features that enhance the services shall be subject to these Terms. The user of the website understands and agrees that the service is provided “AS-IS” and that the website owner assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
The user of the website is responsible for obtaining access to the services and this access may involve third party fees such as Internet service fees. The user is responsible for those fees, including any fees associated with the display or delivery of advertisements. In addition, the user must provide and is responsible for all equipment necessary to access the website services.
Registered User’s Information
The registered user agrees to: (a) provide true, accurate, current and complete information about the user as prompted by the website registration form (“Registration Information”) and (b) maintain and promptly update the Registration Information to keep it true, accurate, current and complete.
If the user provides any information that is untrue, inaccurate, not current or incomplete, or the website owner has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the website owner has the right to suspend or terminate the account of the user and refuse any and all current or future use of the website services.
The user is responsible for maintaining the confidentiality of the account login information, and is fully responsible for all activities that occur under this login information. The user agrees to (a) immediately notify the website owner via the website contact form at Contact Us of any unauthorized use of its account or any other breach of security, and (b) ensure that the user exits from its account at the end of each session. The website owner cannot and will not be liable for any loss or damage arising from failure of the user to comply with this section.
Privacy Policy
The information submitted that the user provides to the website owner will be used and handled in accordance with the website Privacy Policy which can be viewed by clicking on the hyperlinked text.
User Code of Conduct
The user understands that all content such as information, data, text, software, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the user that uploaded the content.
The website owner does not control the content uploaded by the user to the website and, as such, does not guarantee the accuracy, integrity or quality of such content. The user understands that by using the website, the user may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will the website owner be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available on the website.
The user agrees to not use the website to:
a) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b) harm minors in any way;
c) impersonate any person or entity, including, but not limited to, a website owner representative, or falsely state or otherwise misrepresent the affiliation of the user with a person or entity;
d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the website;
e) upload, post, email, transmit or otherwise make available any content that the user does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
g) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (if any) that are expressly designated for such purpose;
h) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the website are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
j) interfere with or disrupt the website or servers or networks connected to the website, or disobey any requirements, procedures, policies or regulations of networks connected to the website;
k) intentionally or unintentionally violate any applicable local, state, provincial, national or international law, including, but not limited to, regulations promulgated by any National, State, Provincial or other Securities Commission or authority, any rules of any national or other securities exchange and any regulations having the force of law;
l) stalk or otherwise harass another; or
m) collect or store personal data about other users.
The user acknowledges that the website owner does not pre-screen content, and that the website owner and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available on the website. Without limiting the foregoing, the website owner and its designees shall have the right to remove any content that violates the Terms or is otherwise objectionable.
The user agrees that it must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, the user acknowledges that the user may not rely on any content created by the website owner or submitted to the website.
The user acknowledges and agrees that the website owner may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of the website owner, its users and the public.
The user understands that the technical processing and transmission of the website, including the content of the user, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
International Law
The user agrees to comply with all local rules in its jurisdiction regarding online conduct and acceptable content. The user agrees to comply with all applicable laws regarding the transmission of technical data exported from the country in which the user resides.
Content Ownership
The website owner does not own nor claim ownership of content that the user submits or makes available for inclusion on the website. However, with respect to content the user submits or makes available for inclusion on publicly accessible areas of the website (areas that are intended to be available to the general public such as publicly-displayed listing information), the user grants the website owner the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to content the user submits or makes available for inclusion on publicly accessible areas of the website, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content solely for the purposes of providing and promoting the website to which such content was submitted or made available. This license exists only for as long as the user elects to continue to include such content on the website and will terminate at the time the user removes or the website owner removes such content from the website.
Subscriptions
Recurring Payments: Each website subscription plan consists of an initial charge and then followed by recurring periodic charges as agreed to by the user. By entering into this agreement, the user acknowledges that the user’s subscription has an initial and recurring payment feature and the user accepts complete responsibility for all recurring charges prior to cancellation.
By subscribing to a plan the user agrees to pay recurring periodic subscriptions for an indefinite time until cancelled by the user. The user can cancel the subscription at any time. The user will not be charged for any cancellation. The user can re-subscribe at any time following the cancellation, but the website owner reserves the right not to permit re-subscription where the website owner has previously elected to terminate a subscription of the user.
Price: Subscription plan prices include all applicable taxes.
Payment Method: Payment is to be made by credit card, debit card or PayPal. Payments are processed by means of a third party. Therefore, the website owner has no access to payment information, nor subsequently stores said payment information. The user must update the payment information provided to the website from time to time, in order to ensure that it is accurate and up-to-date. Should a payment not be processed because the user failed to meet the obligations set forth in this section, the user’s access to or use of the website may be suspended or terminated.
Invoicing: The website services are invoiced in advance.
Indemnification
The user agrees to indemnify and hold the website owner, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content the user submits, posts, transmits or makes available through the website, the use of and connection to the website by, the user, the violation of the Terms or of any rights of another by the user.
No Resale
The user agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the website, use of the website, or access to the website, including any intellectual property rights of the website owner or any person, firm, or corporation having posted information for availability through the website.
Data Storage
The user acknowledges that the website owner may establish general practices and limits concerning use of the website, including without limitation the maximum number of days that email messages or other uploaded content will be retained by the website owner, the maximum number of email messages that may be sent from or received by an account on the website, the maximum size of any email message that may be sent from or received by an account on the website, the maximum disk space that will be allotted on the website servers on behalf of the user, and the maximum number of times (and the maximum duration for which) the user may access the website in a given period of time.
The user agrees that the website owner has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the website. The user acknowledges that the website owner reserves the right to log off accounts that are inactive for an extended period of time. The user further acknowledges that the website owner reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Modifications
The website owner reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. The user agrees that the website owner shall not be liable to the user or to any third party for any modification, suspension or discontinuance of the website.
Termination
The user agrees that the website owner, in its sole discretion, may terminate the password, account (or any part thereof) of the user or the use of the website, and remove and discard any content within the account, for any reason, including, without limitation, for lack of use or if the website believes that the user has violated or acted inconsistently with the letter or spirit of the Terms.
The website owner may also in its sole discretion and at any time discontinue providing the website, or any part thereof, with or without notice. The user agrees that any termination of the user’s access to the website under any provision of this Terms may be effected without prior notice, and acknowledges and agrees that the website owner may immediately deactivate or delete the user’s account and all related information and files in the user’s account and/or bar any further access to such files or the website. Further, the user agrees that the website owner shall not be liable to the user or any third-party for any termination of its access to the website.
Sponsors/Advertisers
The correspondence or business dealings, or participation in promotions, of sponsors or advertisers found on or through the website by the user, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the user and such business, sponsor, promoter or advertiser. The user agrees that the website owner shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such businesses, sponsors, promoters or advertisers on the website.
Outbound External Links
The website may provide, or third parties may provide, links to other websites. Because the website owner has no control over such websites, the user acknowledges and agrees that the website owner is not responsible for the availability of such external websites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites. The user further acknowledges and agrees that the website owner shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website.
Proprietary Rights
The user acknowledges and agrees that the website and any necessary software used in connection with the website operation contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The user further acknowledges and agrees that content contained in sponsor advertisements or information presented to the user through the website or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the website owner or advertisers, the user agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the website or the software, in whole or in part.
The website owner grants a personal, non-transferable and non-exclusive right and license to use the website; provided that the user does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the website, the software or the content. The user agrees not to modify the software in any manner or form, or to use modified versions of the website, the software or the content, including (without limitation) for the purpose of obtaining unauthorized access to the website. The user agrees not to access the website by any means other than through the interface that is provided by the website for use in accessing the website.
Disclaimer of Warranties
The user expressly understands and agrees that:
a) The user’s use of the website is at its sole risk. The website is provided on an “AS IS” and “AS AVAILABLE” basis. The website owner expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b) The website owner makes no warranty that (i) the service will meet the requirements of the user, (ii) the website will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the website will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by the user through the website will meet its expectations, and (v) any errors in the software will be corrected.
c) Any material downloaded or otherwise obtained through the use of the website is done at the sole discretion and risk of the user and that it will be solely responsible for any damage to its computer system or loss of data that results from the download of any such material.
d) No advice or information, whether oral or written, obtained by the user from the website owner or through or from the website shall create any warranty not expressly stated in the Terms.
e) It waives any claims it now has, or in the future may have, which gives or provides the user with any cause of action whatsoever.
f) Notwithstanding any other provisions herein, user acknowledges that neither the the website owner or its subscribers or contributors, nor their affiliates or representatives shall be liable to the user, for special, incidental or consequential, special, direct or indirect damages arising directly or indirectly from any occurrence whatsoever (including without limitation loss of profits, loss of business opportunity, loss of property, of any nature whatsoever), whether or not such damages were foreseeable by the website owner or its subscribers or contributors or any one of them was advised of the possibility of such damages and whether otherwise arising from any contractual, tortious acts or omissions of either party or of their respective affiliates or representatives, and whether or not it had any knowledge, actual or constructive, that such damages might be incurred for having relied on the material, information, data or the content presented or forming part of any of the website, to make personal, medical, legal, tax, accounting, investment or financial decisions.
g) The user accepts total responsibility for any agreement, understanding or relationship the user enters into with any of the subscribers or contributors. Further, the user understands, acknowledges and agrees that the website owner, in no manner whatsoever, endorses the said subscribers or contributors or whatever pitch may be presented by such subscribers or contributors and that the website owner shall not be held liable for any claims of any nature whatsoever arising or resulting from any thesis or pitch of any of the subscribers or contributors, or from any agreement, understanding, association, investment or relationship concluded, agreed, made or established between the user and any of the subscribers or contributors, of any type and for any reason whatsoever.
h) The user understands, acknowledges and agrees that the website is designed as an educational and networking tool only, and that the website is not engaged in rendering, nor is it representing itself as rendering legal, tax, financial, accounting, medical or other professional advice or opinions of any nature whatsoever to the user.
i) The user hereby confirms that it qualifies as a sophisticated, accredited or professional investor, pursuant to all applicable legislation relating to the distribution and/or sale of securities.
j) The user understands, acknowledges and agrees that it is its own responsibility to obtain independent legal, tax, financial, accounting, medical or other professional advice with respect to evaluating, agreeing, establishing and/or implementing any relationship or investment based on any of the material, information or strategies presented on the website. Further, it is highly recommended that the user take adequate time to review and evaluate whatever material or information received with whichever independent professional advisors the user deems appropriate.
Limitation of Liability
The user expressly understands and agrees that the website owner shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the website owner has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the website; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the website; (iii) unauthorized access to or alteration of transmissions or data of the user; (iv) statements or conduct of any third party on the website; (v) any agreement, understanding or relationship the user enters into with any of the subscribers or contributors or any other person or entity with whom it has been put in contact through the website; or (vi) any other matter relating to the website.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to the user.
Proper Due Diligence in Financial Matters
If the user intends to create or join any service, receive or request any news, messages, alerts or other information from the website concerning companies, stock quotes, investments or securities, it is hereby urged to read the previous sections again. These sections apply with absolute rigor to the user.
In addition, for this type of information particularly, the phrase “LET THE INVESTOR BEWARE” is paramount. The website is provided for informational purposes only, and no content included in the website is intended for trading or investing purposes. The website and its service providers and suppliers shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the website, and shall not be responsible or liable for any strategy, trading or investment decisions made based on such information.
Special Notice on Securities Law
The user understands that any equity or loan financing agreement that is ultimately consummated as a result of any contacts made via this website are considered “exempt distributions” as defined by the various provincial securities commissions in Canada.
This means that there is no government agency regulated “Prospectus Offering” process in effect for any of the opportunities listed here since they are not considered to be public distributions. As a result, any investor who uses this website as a tool for locating private equity placement and/or loan contract opportunities must consider themselves as sophisticated enough to not require the protection afforded by the formal regulatory system and consider themselves defined as such by the guidelines in effect in their province of residence.
Definitions of who is considered a “sophisticated investor” and therefore eligible for investing in exempt distributions vary from province to province, rule 45-501 issued by the OSC (Ontario Securities Commission) can be referenced as an effective guideline to determine who meets the criteria.
Notices
Notices to the user may be made via e-mail. The website may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to the user on the website.
Trademarks
BizFunding.ca, BizFunding.ca logo, the BizFunding.ca design, and the BizFunding.ca stylized, trademarks and service marks, and other BizFunding.ca logos and product and service names are trademarks of the website owner. The user agrees not to display or use in any manner these trademarks and service marks without the prior permission of the website owner.
Entire Agreement
These Terms constitute the entire agreement between the user and the website owner and govern the use of the website by the user, superseding any prior agreements between the user and the website owner.
The user may also be subject to additional terms and conditions that may apply when the user uses affiliate services, third-party content or third-party software.
Governing Law
The Terms and the relationship between the user and the website owner shall be governed by the laws in force in the Province of Ontario in Canada, without regard to its conflict of law provisions. The user and the website owner agree to submit to the personal and exclusive jurisdiction of the courts located within Canada.
The failure of the website owner to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
The user agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Additional Special Disclosure
The website owner and any of its subsidiaries, management, shareholders, consultants, associates, or affiliates are not a registered dealer or advisor under National Instrument 31-103 Registration Requirements and Exemptions.
BizFunding.ca does not provide investment advice. Nothing on this website should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by BizFunding.ca or any third party. Any information contained herein does not advise, recommend, or otherwise represent to anyone that any investment is suitable for any person. Private company investing is considered to be highly speculative and, as such, is suitable only for investors who are prepared to risk the loss of their entire investment.
If you want advice about any investment opportunity and whether any investment opportunity is a suitable investment for you, consult with a registered advisor or dealer and licensed legal professionals and investment advisors for any legal, tax, insurance, or investment advice.