Flexiti

PLEASE READ THESE WEBSITE TERMS OF USE (“TERMS OF USE”) CAREFULLY. THESE TERMS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND FLEXITI FINANCIAL INC. (“FLEXITI”) AND APPLY TO YOUR ACCESS TO AND USE OF THIS WEBSITE. BY CONTINUING TO ACCESS OR USE THIS WEBSITE, YOU ARE DEEMED TO HAVE UNDERSTOOD AND AGREED TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.

IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DO NOT ACCESS OR USE THIS WEBSITE.

IN THESE TERMS OF USE, “THIS WEBSITE” INCLUDES ALL WEB PAGES RELATED TO THE FLEXITIFINANCIAL.CA, FLEXITIFINANCIAL.COM, FLEXITI.COM AND FLEXITI.CA SITES, EXCLUDING ANY LINKS TO THIRD-PARTY SITES.

DISCLAIMER

ALL INFORMATION OR ADVICE PROVIDED AS PART OF THIS WEBSITE IS INTENDED TO BE GENERAL IN NATURE, AND YOU SHOULD NOT RELY ON IT IN CONNECTION WITH THE MAKING OF ANY DECISION.

FLEXITI ATTEMPTS TO ENSURE THAT ALL INFORMATION PROVIDED AS PART OF THIS WEBSITE IS CORRECT AT THE TIME OF INCLUSION ON THE WEBSITE BUT DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION.

ALL CONTENT, INFORMATION AND ADVICE IS PROVIDED ON AN “AS IS” BASIS, AND FLEXITI HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY ACTION YOU MAY TAKE AS A RESULT OF RELYING ON SUCH CONTENT, INFORMATION OR ADVICE OR FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF TAKING SUCH ACTION.

FLEXITI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE, NOR DOES IT WARRANT THAT FUNCTIONS OR MATERIALS ACCESSIBLE FROM OR CONTAINED IN THIS WEBSITE WILL WORK UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE IS FREE FROM VIRUSES OR OTHER HARMFUL ELEMENTS.

FLEXITI AND ITS AFFILIATES, SUBSIDIARIES, AGENTS, OR SUBCONTRACTORS WILL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO FINANCIAL LOSSES, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS, AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, INFORMATION OR ADVICE CONTAINED THEREIN, INCLUDING ANY DAMAGE TO OR VIRUS THAT MAY INFECT YOUR COMPUTER EQUIPMENT.

THESE LIMITATIONS OF LIABILITY APPLY EVEN IF FLEXITI HAS BEEN EXPRESSLY ADVISED OF THE POTENTIAL LOSS.

USING THIS WEBSITE

YOU MAY ACCESS ANY PART OF THE WEBSITE. HOWEVER, YOU MAY NOT COPY, DISTRIBUTE, PUBLISH, BROADCAST, REPRODUCE, ALTER OR TAMPER WITH IN ANY WAY, OR OTHERWISE USE ANY MATERIAL CONTAINED IN THE WEBSITE.

THESE RESTRICTIONS APPLY TO ALL OR PART OF THE MATERIALS ON THE WEBSITE.

YOU MUST NOT LINK TO THIS WEBSITE WITHOUT FLEXITI’S EXPRESS WRITTEN CONSENT.

YOU MUST NOT USE THIS WEBSITE IN ANY WAY THAT CAUSES, OR MAY CAUSE, DAMAGE TO THE WEBSITE OR IMPAIRMENT OF THE AVAILABILITY OR ACCESSIBILITY OF THE WEBSITE, OR IN ANY WAY WHICH IS UNLAWFUL, ILLEGAL, FRAUDULENT OR HARMFUL, OR IN CONNECTION WITH ANY UNLAWFUL, ILLEGAL, FRAUDULENT OR HARMFUL PURPOSE OR ACTIVITY.

YOU MUST NOT CONDUCT ANY SYSTEMATIC OR AUTOMATED DATA COLLECTION ACTIVITIES ON OR IN RELATION TO THIS WEBSITE.

INDEMNITY

YOU HEREBY INDEMNIFY FLEXITI AND UNDERTAKE TO KEEP FLEXITI INDEMNIFIED AGAINST ANY LOSSES, DAMAGES, COSTS, LIABILITIES AND EXPENSES, INCLUDING WITHOUT LIMITATION LEGAL EXPENSES AND ANY AMOUNTS PAID BY FLEXITI TO A THIRD PARTY IN SETTLEMENT OF A CLAIM OR DISPUTE ON THE ADVICE OF FLEXITI’S LEGAL ADVISERS, INCURRED OR SUFFERED BY FLEXITI ARISING OUT OF ANY BREACH BY YOU OF ANY PROVISION OF THESE TERMS OF USE, OR ARISING OUT OF ANY CLAIM THAT YOU HAVE BREACHED ANY PROVISION OF THESE TERMS OF USE.

BREACH OF TERMS OF USE

WITHOUT PREJUDICE TO FLEXITI’S OTHER RIGHTS UNDER THESE TERMS OF USE, IF YOU BREACH THESE TERMS OF USE, FLEXITI MAY TAKE SUCH ACTION AS FLEXITI DEEMS APPROPRIATE TO DEAL WITH THE BREACH.

THIS MAY INCLUDE SUSPENDING YOUR ACCESS TO THE WEBSITE, PROHIBITING YOU FROM ACCESSING THE WEBSITE, BLOCKING COMPUTERS USING YOUR IP ADDRESS FROM ACCESSING THE WEBSITE, CONTACTING YOUR INTERNET SERVICE PROVIDER TO REQUEST THAT THEY BLOCK YOUR ACCESS TO THE WEBSITE AND/OR BRINGING COURT PROCEEDINGS AGAINST YOU.

PASSWORD AND ACCOUNT SECURITY

ACCESS TO CERTAIN AREAS OF THIS WEBSITE IS RESTRICTED. FLEXITI RESERVES THE RIGHT TO RESTRICT ACCESS TO AREAS OF THIS WEBSITE, OR THE ENTIRE WEBSITE, AT FLEXITI’S DISCRETION.

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF ANY PASSWORDS ASSOCIATED WITH ANY ACCOUNT YOU USE TO ACCESS OR USE THIS WEBSITE AND THAT YOU WILL BE SOLELY RESPONSIBLE TO FLEXITI FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT.

IN THE EVENT YOU BECOME AWARE OF ANY UNAUTHORIZED USE OF YOUR PASSWORD OR YOUR ACCOUNT, YOU SHALL NOTIFY FLEXITI IMMEDIATELY.

FLEXITI MAY DISABLE WITHOUT NOTICE YOUR USER ID AND PASSWORD IN FLEXITI’S SOLE DISCRETION.

THIRD-PARTY LINKS

THIS WEBSITE MAY INCLUDE LINKS TO EXTERNAL OR THIRD-PARTY WEBSITES. THESE LINKS ARE PROVIDED FOR YOUR CONVENIENCE ONLY.

IT IS YOUR RESPONSIBILITY TO DECIDE WHETHER ANY SERVICES AND/OR PRODUCTS AVAILABLE THROUGH ANY OF THESE WEBSITES ARE SUITABLE FOR YOUR PURPOSES.

SUCH EXTERNAL OR THIRD-PARTY WEBSITES ARE ACCESSED AT YOUR OWN RISK AND RESPONSIBILITY, AND FLEXITI IS NOT IN ANY WAY RESPONSIBLE OR LIABLE FOR THE OWNERS OR OPERATORS OF THESE WEBSITES.

FLEXITI DOES NOT GIVE OR ENTER INTO ANY CONDITIONS, WARRANTIES OR OTHER TERMS OR REPRESENTATIONS IN RELATION TO ANY SUCH EXTERNAL OR THIRD-PARTY WEBSITE, NOR DOES IT ACCEPT ANY LIABILITY IN RELATION TO ANY OF THESE, INCLUDING ANY LIABILITY ARISING OUT OF ANY CLAIM THAT THE CONTENT OF ANY EXTERNAL OR THIRD-PARTY WEBSITE TO WHICH THIS WEBSITE INCLUDES A LINK INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

COPYRIGHT AND TRADEMARKS

THIS WEBSITE CONTAINS MATERIALS, INCLUDING TEXT, PHOTOGRAPHS, VIDEOS, OTHER IMAGES AND SOUND, WHICH ARE PROTECTED BY COPYRIGHT, TRADEMARKS, AND OTHER INTELLECTUAL PROPERTY RIGHTS.

ALL COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS IN THESE MATERIALS ARE EITHER OWNED BY FLEXITI OR HAVE BEEN LICENSED TO FLEXITI BY THE OWNER(S) OF THOSE RIGHTS SO THAT THEY MAY BE USED AS PART OF THIS WEBSITE.

EXCEPT AS OTHERWISE NOTED, ALL TRADEMARKS INCLUDED ON THIS WEBSITE BELONG TO FLEXITI OR HAVE BEEN LICENSED TO FLEXITI BY THE OWNER(S) OF THOSE TRADEMARKS SO THAT THEY MAY BE USED ON THIS WEBSITE.

YOU MAY NOT USE THESE TRADEMARKS IN ANY FORM WITHOUT WRITTEN CONSENT OF THE TRADEMARK OWNER.

AMENDMENTS TO TERMS OF USE

FLEXITI MAY CHANGE THESE TERMS OF USE FROM TIME TO TIME. THESE AMENDMENTS SHALL BE EFFECTIVE UPON PUBLICATION ON THIS WEBSITE.

BY ACCESSING AND USING THIS WEBSITE, YOU ACCEPT THAT YOU ARE BOUND BY THE THEN-CURRENT TERMS AND CONDITIONS AND DISCLAIMER.

PLEASE REVISIT THESE TERMS OF USE FREQUENTLY TO ENSURE THAT YOU ARE AWARE OF ALL TERMS GOVERNING YOUR USE OF THIS WEBSITE.

CHANGES TO / OPERATION OF WEBSITE

FLEXITI MAY AMEND OR UPDATE THE FORMAT AND CONTENT OF THIS WEBSITE AT ANY TIME.

FLEXITI MAY SUSPEND THE OPERATION OF THIS WEBSITE FOR SUPPORT OR MAINTENANCE WORK, IN ORDER TO UPDATE THE CONTENT OR FOR ANY OTHER REASON.

FLEXITI RESERVES THE RIGHT TO TERMINATE ACCESS TO THIS WEBSITE AT ANY TIME, WITHOUT NOTICE.

PRIVACY

BY SUBMITTING YOUR PERSONAL INFORMATION AND USING THIS WEBSITE, YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF SUCH INFORMATION IN ACCORDANCE WITH FLEXITI’S PRIVACY POLICY.

BY USING THIS WEBSITE, YOU CONSENT TO FLEXITI’S USE OF COOKIES FOR INTEREST-BASED ADVERTISING, WEBSITE FUNCTIONALITY AND ANALYTICS. FOR MORE INFORMATION, PLEASE REVIEW FLEXITI’S PRIVACY POLICY.

UNENFORCEABLE PROVISIONS

IF ANY PROVISION OF THESE TERMS OF USE IS, OR IS FOUND TO BE, UNENFORCEABLE UNDER APPLICABLE LAW, THAT WILL NOT AFFECT THE ENFORCEABILITY OF THE OTHER PROVISIONS OF THESE TERMS OF USE.

JURISDICTION

THESE TERMS OF USE ARE GOVERNED BY AND TO BE INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF ONTARIO.

IN THE EVENT OF ANY DISPUTE ARISING IN RELATION TO THESE TERMS OF USE OR ANY DISPUTE ARISING IN RELATION TO THE WEBSITE, WHETHER IN CONTRACT, TORT OR OTHERWISE, THE ONTARIO COURTS WILL HAVE EXCLUSIVE JURISDICTION OVER SUCH DISPUTE, UNLESS APPLICABLE LAW REQUIRES OTHERWISE.