Terms and Conditions

Last Updated: November 15, 2023

1. Introduction

Welcome to InvestWise Canada. These Terms and Conditions ("Terms," "Terms and Conditions") govern your use of our website located at investwisecanada.com (the "Website") operated by InvestWise Canada ("us," "we," or "our") and any related services, features, content, or applications offered by us (collectively, the "Services").

By accessing or using our Website and Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Website or use our Services.

2. Use of the Website

2.1 Eligibility

By using this Website, you represent and warrant that:

  • You are at least 18 years of age
  • You have the legal capacity to enter into a binding agreement with us
  • You will use the Website in accordance with these Terms
  • You will comply with all applicable laws and regulations

2.2 Account Creation

Some portions of our Website may require you to create an account. When you create an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Keep your account credentials confidential
  • Be responsible for all activity that occurs under your account
  • Notify us immediately of any unauthorized access to or use of your account

We reserve the right to disable any user account at any time in our sole discretion, including if we believe you have violated these Terms.

2.3 Prohibited Activities

You agree not to engage in any of the following activities:

  • Violating any applicable laws, regulations, or third-party rights
  • Using the Website for any illegal or unauthorized purpose
  • Interfering with or disrupting the Website or servers or networks connected to the Website
  • Attempting to gain unauthorized access to any portion of the Website or any other systems or networks connected to the Website
  • Collecting or harvesting any personally identifiable information from the Website
  • Impersonating another person or entity
  • Engaging in any conduct that restricts or inhibits anyone's use or enjoyment of the Website
  • Using the Website in any manner that could disable, overburden, damage, or impair the Website
  • Uploading or transmitting viruses, malware, or other malicious code

3. Intellectual Property

3.1 Website Content

The Website and its original content, features, and functionality are owned by InvestWise Canada and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

3.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for your personal, non-commercial use. This license does not include:

  • Modifying or copying the materials
  • Using the materials for any commercial purpose
  • Attempting to decompile or reverse engineer any software contained on the Website
  • Removing any copyright or other proprietary notations from the materials
  • Transferring the materials to another person or "mirroring" the materials on any other server

This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time.

3.3 Trademarks

The InvestWise Canada name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of InvestWise Canada or its affiliates or licensors. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

4. User-Generated Content

4.1 Content Submission

If you submit, post, or share any content on our Website, including comments, feedback, suggestions, or ideas (collectively, "User Content"), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media.

4.2 Content Representations

You represent and warrant that:

  • You own or control all rights in and to the User Content you submit
  • All User Content is accurate and not misleading
  • The User Content does not violate these Terms, applicable laws, or the rights of any third party
  • The User Content is not defamatory, obscene, offensive, hateful, or otherwise objectionable

4.3 Content Monitoring

We have the right, but not the obligation, to monitor, edit, or remove any User Content. We also have the right to terminate your access to all or part of the Website for posting any User Content that violates these Terms or is otherwise objectionable.

5. Disclaimers

5.1 Investment Information Disclaimer

The content on our Website is provided for informational purposes only and does not constitute financial, legal, or tax advice. The information is not intended to be a substitute for professional advice. Always seek the advice of a qualified financial advisor, accountant, lawyer, or other professional for questions about your specific circumstances.

InvestWise Canada does not recommend any specific investments, investment strategies, or courses of action. Individual investors should make their own decisions or seek professional advice based on their specific circumstances.

5.2 No Guarantee of Investment Results

Past performance is not indicative of future results. The value of investments and the income derived from them can go down as well as up. You may not get back the amount you invested. We make no representation, warranty, or guarantee as to the accuracy, completeness, or reliability of any investment information or results that may be obtained from the use of our Website.

5.3 Website "As Is"

The Website is provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

  • The Website will function uninterrupted, secure, or available at any particular time or location
  • Any errors or defects will be corrected
  • The Website is free of viruses or other harmful components
  • The results of using the Website will meet your requirements

6. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall InvestWise Canada, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Website
  • Any conduct or content of any third party on the Website
  • Any content obtained from the Website
  • Unauthorized access, use, or alteration of your transmissions or content

In no event shall our total liability to you for all claims, damages, losses, and causes of action exceed the amount paid by you, if any, for accessing our Website or using our Services during the 12 months preceding your claim.

These limitations of liability apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.

7. Indemnification

You agree to defend, indemnify, and hold harmless InvestWise Canada, its directors, employees, partners, agents, suppliers, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the Website
  • Your violation of any term of these Terms
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right
  • Any claim that your User Content caused damage to a third party

This defense and indemnification obligation will survive these Terms and your use of the Website.

8. Third-Party Links

Our Website may contain links to third-party websites or services that are not owned or controlled by InvestWise Canada. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that InvestWise Canada 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 websites or services.

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

9. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will 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.

By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.

10. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of Canada, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

11. Dispute Resolution

Any dispute arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the Canadian Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Toronto, Ontario, Canada, and the arbitration proceedings shall be conducted in English.

The award rendered by the arbitrator shall be final and binding upon the parties. Judgment on the award may be entered in any court having jurisdiction thereof.

Notwithstanding the foregoing, we reserve the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights.

12. Termination

We may terminate or suspend your access to our Website immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.

Upon termination, your right to use the Website will immediately cease. If you wish to terminate your account, you may simply discontinue using the Website or contact us to request account deletion.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Entire Agreement

These Terms constitute the entire agreement between you and InvestWise Canada regarding the use of the Website and supersede all prior agreements and understandings, whether written or oral, regarding the subject matter of these Terms.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

14. Contact Us

If you have any questions about these Terms, please contact us: