Terms of Use

Last updated: March 23, 2020

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to National Crowdfunding and Fintech Association (NCFA)
  • Country refers to: Ontario, Canada
  • Service refers to the Website.
  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement betWeen You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Fintech Canada, accessible from https://fintechcanada.io/
  • You means the individual accessing or using the Service, or the Company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates betWeen You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Accessing this Site and Account Security

NCFA reserves the right to withdraw or amend the Site, and any service or material We provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

You are responsible for making all arrangements necessary for You to have access to the Site.
To access the Site or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of Your using the Site that all the information You provide on the Site is correct, current and complete.

If You choose, or You are provided with, a user name, password or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any third party. You agree to immediately notify the Site Administrator of any unauthorized use of Your user name or password or any other breach of security. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.

The Site Administrator has the right to disable any user identification code or password, whether chosen by You or provided by us, at any time in our sole discretion for any or no reason, including, if in our opinion, You have failed to comply with any provision of these Terms & Conditions.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms & Conditions. You agree to use the information contained in the member directory for lawful and legitimate purposes, such as networking or obtaining member contact information for Your own lawful uses. You agree not to use the Site:

  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • To gather or attempt to gather personal information belonging to members, users, or member organizations for the purposes of spamming, marketing, selling to third parties, or otherwise sharing beyond the reasonable uses of the Site;
  • To impersonate or attempt to impersonate NCFA or a NCFA employee, another user, or person or entity (including, without limitation, the use of names or email addresses associated with any of the foregoing);
  • To gather or attempt to gather personal information belonging to members, users, or member organizations for the purposes of spamming, marketing, selling to third parties, or otherwise sharing beyond the reasonable uses of the Site;
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm NCFA or users of the Site or expose them to liability.

Additionally, You agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real-time activities through the Site;
  • Use any robot, spider or other automatic devices, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
    Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without the prior written consent;
  • Use any device, software or routine that interferes with the proper working of the Site;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Site, the server on which any part of the Site is stored or any server, computer or database connected to the Site;
  • Access or search or attempt to access or search the Site by any means (automated or otherwise) other than through our currently available, published interfaces provided by Fintech Canada; or
  • Otherwise, attempt to interfere with the proper working of the Site.

Intellectual Property Rights

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by NCFA, its licensors or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Some of the content on the Site is not available for downloading, such as our copyrighted works that We do not distribute or works of others that We are not permitted to distribute. Selected content may be downloaded by You pursuant to these Terms & Conditions (“Available Content”) except where expressly indicated. Users are granted a limited, revocable, nonexclusive, nontransferable license to Available Content conditioned on the user’s continued compliance with these terms. YOU MAY REVIEW, DOWNLOAD, COPY, DISTRIBUTE AND USE THE AVAILABLE CONTENT SOLELY FOR THE PURPOSE OF FURTHERING YOUR MISSION IN THE ORDINARY COURSE OF YOUR GOVERNMENTAL, CHARITABLE OR SOCIAL PURPOSE AND ATTENDANT OPERATIONS, PROVIDED THAT YOU PROPERLY ATTRIBUTE SUCH CONTENT TO THE SITE. FOR THE SAKE OF CLARITY, PROPER ATTRIBUTION INCLUDES THE REPRODUCTION OF ALL COPYRIGHT NOTICES. YOU MAY NOT SELL THE AVAILABLE CONTENT OR OTHERWISE DISTRIBUTE IT FOR A FEE. YOU WILL NOT USE OR DISCLOSE IT OR THE SITE TO ANY THIRD PARTIES EXCEPT AS EXPRESSLY PERMITTED BY THESE TERMS. ANY PERMISSION TO USE AVAILABLE CONTENT IS REVOCABLE BY NCFA AT ITS SOLE DISCRETION AT ANY TIME UPON NOTICE PROVIDED BY NCFA.

You must not:

  • Modify copies of any materials from the Site;
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the acCompanying text; or
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site.
  • You must not reproduce, sell or exploit for any commercial purposes any part of the Site, access to the Site or use of the Site or any services or materials available through the Site.
  • No right, title or interest in or to the Site or any content on the Site is transferred to You, and all rights not expressly granted are reserved by NCFA. Any use of the Site not expressly permitted by these Terms & Conditions is a breach of these Terms & Conditions and may violate copyright, trademark and other laws.

User-Provided Information – Content Standards

You hereby grant to the Site a nonexclusive, global, royalty-free, irrevocable license (with a right to grant sublicenses) to make any use of information You provide to NCFA through the Site (“User-Provided Information”), consistent with the terms of our Privacy Policy.

You represent and warrant that You own or control sufficient rights in User-Provided Information to grant NCFA and its affiliates the license granted above. You represent and warrant that the User-Provided Information does and will comply with these Terms and Conditions, and You agree to defend, indemnify and hold harmless NCFA and its affiliates and licensors for any breach of that representation and warranty. You understand and acknowledge that You, not NCFA, have full responsibility for the content of the User-Provided Information, including its legality, reliability, accuracy, completeness, and appropriateness, including but not limited to information concerning any and all organizations described on the Site. You agree that NCFA, its affiliates, and any of its affiliates’ officers, directors, agents or employees are not responsible for the content or accuracy of any materials provided by You or any other user of the Site.

In addition to the foregoing, all User-Provided Information must comply with all applicable local and international laws and regulations. Without limiting the foregoing, User-Provided Information must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person;
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy;
  • Be likely to deceive any person;
  • Promote any illegal activity, or advocate, promote or assist any unlawful act;
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
  • Involve commercial activities or sales, such as contests, sWeepstakes, and other sales promotions, barter or advertising; and
  • Give the impression that they emanate from us or any other person or entity if this is not the case.
  • Evade any publication law regarding the placement of any offers. This is true for all jurisdictions, so You guarantee by using this platform to only make offers visible to users You are alloWed to according to the local law of the user’s jurisdiction You make Your offer visible and the regulation of the legal domicile of Your offering. Also, the law of Your personal/Company domicile has to be fully fulfilled.

Monitoring and Enforcement

NCFA has the right to:

  • Remove or refuse to post any User-Provided Information for any or no reason in our sole discretion;
  • Take any action with respect to any user contribution that We deem necessary or appropriate in our sole discretion if We believe that such user contribution violates these Terms and Conditions, infringes any intellectual property right or other rights, threatens the personal safety of users of the Site and the public or could create liability for NCFA;
  • Disclose Your identity to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy;
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; and
  • Terminate Your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms and Conditions.

Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Site. YOU WAIVE ANY CLAIM AGAINST NCFA AND HOLD NCFA HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY NCFA DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER NCFA OR LAW ENFORCEMENT AUTHORITIES.

HoWever, We cannot review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. NCFA assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. NCFA has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

Links to Other Websites

Our Service may contain links to third-party Web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party Web sites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such Web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party Web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or $100 CAD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of Ontario, Canada, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Severability and Waiver

Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service.

You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. It shall be Your responsibility to check these Terms of Use periodically for changes.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

Contact Us

If You have any questions about these Terms and Conditions, You can contact us by email: info@ncfacanada.org