Terms & Conditions

 

Please read the following terms and conditions (“Terms”) and the Thinking Capital Financial Corporation (‘Thinking Capital”) Privacy Policy carefully. By accessing and/or using the Thinking Capital web site, products or services (collectively, the “Site”), you acknowledge that you have read the Terms and the Privacy Policy and that you accept and will be bound by the Terms and the Privacy Policy, which may be modified by Thinking Capital from time to time and re-posted on this Site. If you do not agree to the Terms or the Privacy Policy, you agree that you shall immediately cease using the Site.

 

The Terms and the Privacy Policy also apply when you use a downloadable application or other technology to access any features, functionality, content and/or information that is made available or provided on or through the Site.

 

Please review these Terms and our Privacy Policy, which govern your use of the Site.

 

Electronic Communications

 

When you use any Thinking Capital product or service, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on this site or through the other Thinking Capital products or services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

License

 

The contents of our Site, including its “look and feel” (e.g., text, graphics, images, logos, and button icons), editorial content, notices, software (including HTML or XML-based computer programs) and other material, are protected under Canadian and international trademark, copyright and other laws.

 

Graphics, logos, slogans, page headers, button icons, scripts, and service names included in or made available through any Thinking Capital product or service are trademarks or trade dress of Thinking Capital, or its affiliates. Thinking Capital’s or its affiliates trademarks and trade dress may not be used in connection with any product or service that is not Thinking Capital or its affiliates', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Thinking Capital or its affiliates. All other trademarks not owned by Thinking Capital or its affiliates that appear in any Thinking Capital product or service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Thinking Capital or its affiliates.

 

This content is the property of or are licensed to Thinking Capital. We hereby grant you the right to view and use our Site subject to these Terms. You may download or print a copy of information provided in the Site for internal use or distribution only.

 

Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us.

 

Restricted Access Portions of the Site

 

You agree to take reasonable measures to ensure that no unauthorized person or entity shall have access to restricted areas of the Site using your username or password.

 

You agree that, if you are provided rights to access or use restricted areas of the Site, those rights are non-transferable.

 

You may not assign, sublicense, transfer, pledge, lease, rent, or share your username and password to anyone other than an employee or agent authorized to act on your behalf, and subject to all of the provisions set forth in these Terms.

 

You assume all responsibility for loss or misuse of your username and password and are responsible for any activities undertaken by a person in possession of your username or password for any reason other than solely due to the negligence of Thinking Capital.

 

Information Provided by You

 

All information transmitted or otherwise submitted to Thinking Capital by you via the Site, other than personal information as defined in federal and provincial legislation (“Personal Information”), shall be deemed to be the property of Thinking Capital. Thinking Capital shall be free to use such information for any lawful purpose. Thinking Capital shall not have any obligation to keep any information confidential, except as otherwise specifically agreed to in writing by Thinking Capital or as required by law. Thinking Capital shall treat Personal Information in accordance with the terms of its Privacy Policy and all applicable privacy legislation.

 

By providing such information and materials, you declare and warrant that you have all necessary rights to submit such information and materials and that the information and materials do not infringe the rights of third parties.

 

By using the Site, you hereby acknowledge that the Internet is not a secure medium and privacy cannot be guaranteed or ensured. Although Thinking Capital is committed to protecting your Personal Information in accordance with applicable privacy legislation, Thinking Capital shall not be responsible for any damages that you or any third-party may suffer as a result of the transmission of confidential information that you make to Thinking Capital through the Internet or that you expressly or implicitly authorize Thinking Capital to make or for any errors or any changes made to any such transmitted information.

 

Electronic Communication via the Internet

 

Any unprotected electronic communication over the Internet is, as with communication via other mediums (e.g. cellular phones, post office mail, Social Media Pages (later defined)), not secure or confidential, subject to possible interception or loss, and possible alteration. You should not send any confidential, proprietary or sensitive information about you or others via these mediums. Thinking Capital is not responsible for and will not be liable to you or any one else for any damages in connection with an email, text message, comment, post or any other electronic message sent by you to Thinking Capital, or an email, text message, comment post or any other electronic message sent by Thinking Capital to you.

 

 

Disclaimer of Warranties

 

The information and materials (including any third party user provided information or content) presented on or through the Site or publicly or third party accessible portions of the products and services are made available solely for general information purposes and your convenience. 

 

The information provided on or through the Site is for informational purposes only and is not intended to provide specific financial, investment, tax, legal, accounting or other advice to you, and should not be acted or relied upon in that regard without seeking the advice of a professional. Your advisor can help to ensure that your own circumstances have been properly considered and any action is taken on the latest available information.

 

We do not warrant the accuracy, completeness, or usefulness of this information and materials. Any reliance you place on such information and materials is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information or materials by you or any other visitor to the Site for use of the products and services, or by anyone who may be informed of any of its contents.

 

You expressly agree that use of the Site is at your sole risk. Neither Thinking Capital, its affiliates, or any of their respective directors, employees, agents, third-party content providers, or licensors warrant that the Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from use of the Site or as to the accuracy, reliability, or content of any information, service, or merchandise provided through the Site.

 

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of the Site, whether for breach of contract, tortuous behaviour, civil liability, negligence, or under any other cause of action.

 

This Site is provided on an “as is” basis without warranty or condition of any kind, either expressed or implied, including, but not limited to, warranties or conditions of title or implied warranties of merchantability or fitness for a particular purpose. Thinking Capital does not represent or warrant non-infringement, other than those warranties that are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement.

 

In no event will Thinking Capital or any person or entity involved in creating or producing the Site be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use the Site, even if Thinking Capital is advised or made aware of the possibility of such damages. By using the Site, you hereby acknowledge that the provisions of this section shall apply to all information on the Site.

 

In addition to the terms set forth above, Thinking Capital, its affiliates, and its third-party licensors shall not be liable, regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or un-authenticity of, the information contained within the Site, or for any delay or interruption in the transmission thereof to you, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, or punitive or consequential damages. None of Thinking Capital, its affiliates, and its third-party licensors warrant or guarantee the timeliness, sequence, accuracy, or completeness of the information on the Site. Descriptions of or references to products, services, or publications within the Site do not imply Thinking Capital’s endorsement of such products, services, or publications.

 

Additional disclosures and disclaimers

 

The information contained on this Site is not intended for distribution to or use by anyone, nor is it intended to constitute an offer or solicitation of banking or other services, in any jurisdiction, state or country where such distribution or use or the offering, solicitation or providing of such services is contrary to applicable law.

 

The products and services referred to on the Site are only available in Canada. If you are not currently a resident of Canada, you should not access the information available on this website.

 

Any information on this Site is provided for informational purposes only and is not intended as an offer or solicitation for the sale or purchase of any security, nor should it be used or relied on in connection with any sale or purchase of securities.

 

The information available on or through the Thinking Capital Site is provided by sources believed by Thinking Capital to be reliable. Any information, including performance data available through any third-party provider is not guaranteed to be current, accurate or complete and is subject to change without notice. Any expressed views or opinions provided on our site do not imply endorsement.

 

Neither we nor any of our affiliates or third-party service provider acts as an advisor or fiduciary in providing any information on or through this Site. Please consult a qualified financial, legal, tax, accounting, estate planning or other advisor for guidance concerning your specific circumstances.

 

Indemnification by You

 

You hereby agree to defend, indemnify, and hold harmless Thinking Capital, its affiliates, third-party licensors, their respective directors, officers, employees, and agents and their successors and assigns from and against any liability, loss, claim, and expense, including legal fees and disbursements on a solicitor-client basis related to any violation of the Terms, the Privacy Policy or your use of the Site, or any information on the Site.

 

Links to Other Web sites

 

The Site contains links to third-party Web sites. Thinking Capital is not responsible for the content, accuracy, or opinions expressed in such third-party Web sites, and the inclusion of any third-party Web site does not imply the approval or endorsement of such third-party Web site by Thinking Capital. Furthermore, a link to third-party Web sites should not be construed to mean that Thinking Capital is affiliated or associated with or is legally authorized to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to the third-party Web sites.

 

Mobile Services

 

The following terms apply if you access Thinking Capital online services using certain mobile devices through websites specifically designed for mobile devices or through software ("Mobile Services"):

 

You must be enrolled in the online services of the Thinking Capital Site (the “Online Services”) in order to use the Mobile Services.

 

You may not have access to all of the same services, features, functionality, content or information through Mobile Services as you may through Online Services (including your online message centre, notices, legal and privacy terms, links, bills, statements and complete transaction and account information) and you must access Online Services through a technology other than Mobile Services on a regular basis to access the services, features, functionality, content and information of such Online Service;

 

There may be important terms and conditions that are displayed only when you click on information icons or links within Mobile Services. You must access and read those terms and conditions, and by using Mobile Services, those terms and conditions apply to your use of Mobile Services, in addition to the terms and conditions of any applicable agreements.

 

You are responsible for any fees imposed by a service provider that you might incur by accessing Mobile Services.

 

Social Media

 

The following terms apply if you access any of the social media pages, accounts, sites, channels and/or any application(s) within the said pages, accounts, sites and channels which have been established and administered by Thinking Capital (each individually referred to as a "Social Media Page", collectively referred to as the "Social Media Pages"). The term "Site" (defined earlier in these Terms) includes Social Media Pages. The term "Social Media Page Website" refers to the website which hosts the Social Media Pages you are accessing.

 

By using the Social Media Pages and submitting a comment, photo, video links and/or other materials, you (and your parent/legal guardian if you are under the age of majority in your jurisdiction of residence) agree to be bound and comply with these Terms, the Thinking Capital Policy and the general terms of use applicable to the Social Media Page Websites.

 

The Social Media Pages are designed for you and we encourage you to review, leave comments, discuss Thinking Capital products and services, watch and share our videos and to engage us. Some of the comments and materials posted to the Social Media Pages and the Social Media Page Websites may not represent the opinions of Thinking Capital. You agree that you will not post or submit any information, post, link or material of any kind on the Social Media Pages which fall into any of the categories described below:

 

  • Anything defamatory, abusive, infringing, obscene, misleading, unlawful or which otherwise violates the legal rights (including the privacy) of others;
  • Anything that contains any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities;
  • Anything that falsifies the origin or source of any information;
  • Anything repetitive, off–topic or overly–inflammatory; or
  • Any financial or personal information about yourself or others. For more information, please visit our Privacy Policy.

 

Any information, posts, links or material of any kind that we determine to fall into any of the categories described above will be hidden/removed by Thinking Capital, at its sole discretion.

 

Thinking Capital will not be responsible or liable for the entities which own or operate the Social Media Page Websites or the Social Media Page Websites in any way, including being liable for any losses, or direct or indirect damages arising from any action or decision made by you or anyone else in reliance on the Social Media Page Websites.

 

 

Links to Our Site

 

We welcome links to our Site from other web sites; however, we in no way operate, control or endorse such sites, and we reserve the right to disallow any such link at any time in our sole discretion. Should you wish to link to our Site, please contact support@thinkingcapital.ca. This Site also contains links to other sites. Thinking Capital is not responsible for the privacy policies or terms of use of any such sites.

 

General

 

Thinking Capital shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use. You agree not to impersonate another person in your use of the Site or in the sending of any e-mail to any address listed on the Site. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto. Any products, services or publications mentioned in the Site are made available in accordance with local law and only where they may be lawfully offered for sale.

 

The Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein without regard to conflict of law principles, and you hereby consent and submit to the jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to the Terms. To the extent that any portion of the Terms shall be determined to be unenforceable by a court of the Province of Ontario, such portion will be modified by such court to the extent necessary to cause such portion to be enforceable, and the remaining Terms will remain in full force and effect. Any waiver of any provisions contained in the Terms shall not be deemed to be a waiver of any other right, term, or provision of the Terms. The Terms constitute the entire agreement between you and Thinking Capital with respect to the Site and supersede all previous written or oral agreements between you and Thinking Capital with respect to the Site.

 

If you have a question or concern about anything posted on the Site or the Social Media Pages, feel free to contact us at support@thinkingcapital.ca