Website Terms of Use

 

BACKGROUND:

These terms and conditions, together with any and all other documents referred to herein, are a binding contract between you and Monex Canada Inc, (“We”, “Us”, or “Our”) and sets out the terms of use under which you may access and use this website, www.monexcanada.com (“Our Site”). Please read these terms and conditions carefully to ensure that you understand them and print or save a copy for your records and future reference as they affect your legal rights. We may modify these terms and conditions at any time, without notice.  Each time you access Our Site, the current terms apply and if you continue to use Our Site you will be deemed to have accepted the then-current terms and conditions.  If you do not agree to comply with and be bound by these terms and conditions, do not access or use Our Site.

1. Information About Us

1.1 Our Site is operated by pacwebhosting.uk Ltd, a limited company registered in the United Kingdom, whose registered address is International House, 61 Mosley Street, Manchester, M2 3HZ, United Kingdom.

1.2 Our Site is maintained by Cogent Design Limited, a private limited company registered in England under company number 03698789, whose registered address is 6b Parkway, Porters Wood, St Albans, Hertfordshire, AL3 6PA.

1.3 We are registered as a Money Service Business with FINTRAC.  MSB registration number M17698932. 

2. Access to Our Site

2.1 Access to Our Site is free of charge.

2.1 It is your responsibility to make any and all arrangements necessary in order to access Our Site.

2.3 NOT APPLICABLE TO RESIDENTS OF QUEBEC. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

2.4 For Canadians, use of Our Site is limited to parties that can lawfully enter into and form contracts under applicable law.  To be eligible to use Our Site, you must be at least the age of majority in the Canadian province or territory in which you reside and you must not have been previously suspended or restricted from using Our Site by Us.  By accessing and using Our Site, you represent and warrant that you are eligible to use Our Site.

 

3. Intellectual Property Rights

3.1 All content included on Our Site and the copyright and other intellectual property rights subsisting in that content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable Canadian, United Kingdom and other international intellectual property laws and treaties.  We reserve all intellectual property rights not expressly granted to you.

3.2 Subject to sub-Clause 2.3 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use content from Our Site unless given express written permission to do so by Us.

3.3 So long as you comply with these terms and conditions, you may for your own personal use:

3.3.1      Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);

3.3.2      Download Our Site (or any part of it) for caching;

3.3.3      Print pages from Our Site;

3.3.4      Download extracts from pages on Our Site; and

3.3.5      Save pages from Our Site for later and/or offline viewing.

3.4 Our status as the owner and author of the content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

3.5 You may not use any content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.

4. Links to Our Site

4.1 You may link to Our Site provided that:

4.1.1      You do so in a fair and legal manner;

4.1.2      You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

4.1.3      You do not use any logos or trade marks displayed on Our Site without Our express written permission; and

4.1.4      You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

4.2 You may not link to any page other than the homepage of Our Site, www.monexcanada.com. Deep-linking to other pages requires Our express written permission.

4.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission.  Please contact Us at dataprotection@monexcanada.com. Deep-linking to other pages requires Our express written permission.

4.4 You may not link to Our Site from any other site the main content of which contains material that:

4.4.1      is sexually explicit;

4.4.2      is obscene, deliberately offensive, hateful or otherwise inflammatory;

4.4.3      promotes violence;

4.4.4      promotes or assists in any form of unlawful activity;

4.4.5      discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

4.4.6      is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

4.4.7      is calculated or is otherwise likely to deceive another person;

4.4.8      is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

4.4.9     misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 4.4);

4.4.10    implies any form of affiliation with Us where none exists;

4.4.11    infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or

4.4.12    is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

4.5 The content restrictions in sub-Clause 4.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 4.4.  You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content.  You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

5. Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content or security of third-party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.  Nothing in these terms and conditions grants you any licenses to third-party trademarks or content, which shall remain the property of the respective owners.

6. Disclaimers – Not applicable to residents of Quebec

6.1 Nothing on Our Site constitutes advice on which you should rely.  It is provided for general information purposes only.

6.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

6.3 We make reasonable efforts to ensure that the content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the content is complete, accurate, or up-to-date. Any content accessed or downloaded on Our Site or through a link made available on Our Site is at your own risk and you will be solely responsible for determining the suitability of Our Site for your intended use and for any damage to your property or person including computer systems or devices you use to access Our Site.

7. Our Liability – Not applicable to residents of Quebec

7.1 To the fullest extent permissible by applicable law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any content or links included on Our Site.

7.2 To the fullest extent permissible by applicable law, We exclude all representations, warranties, conditions and guarantees (whether express or implied, legal, statutory or otherwise) that may apply to Our Site or any content or links included on Our Site.

7.3 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect, consequential, special, punitive, exemplary or incidental loss or damage arising from or relating Our Site or any related content or links included on Our Site.

7.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware.  We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any content from it) or any other site referred to on Our Site.

7.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship or as a result of other causes beyond our control.

7.6 Nothing in these terms and conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by applicable law.

8. Viruses, Malware and Security

8.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

8.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

8.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

8.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

8.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

8.6 By breaching the provisions of sub-Clauses 8.3 to 8.5 you may be committing a criminal offence and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

9. Acceptable Usage Policy

9.1 You may only use Our Site in a manner that is lawful and in accordance with these terms and conditions.  Specifically:

9.1.1      you must ensure that you comply fully with any and all applicable local, national or international laws and/or regulations;

9.1.2      you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

9.1.3      you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

9.1.4      you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

9.1.5      you must not breach, override or circumvent any security or authentication measures or reverse engineer, disassemble or otherwise attempt to derive the source code for Our Site or related technologies;

 

9.2 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 9 or any of the other provisions of these terms and conditions.  Specifically, We may take one or more of the following actions:

9.2.1      suspend or limit, whether temporarily or permanently, your right to access Our Site;

9.2.2      issue you with a written warning;

9.2.3      take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

9.2.4      take further legal action against you as appropriate;

9.2.5      disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

9.2.6      restrict you from accessing or using Our Site in the future; and/or

9.2.7      any other actions which We deem reasonably appropriate (and lawful).

9.3 NOT APPLICABLE TO RESIDENTS OF QUEBEC. We hereby exclude any and all liability (in tort, contract or otherwise) arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these terms and conditions.

10. Privacy and Cookies

The use of cookies and similar tools on Our Site, and the collection, use and disclosure of personal information in connection with your use of Our Site, is governed by Our Cookie and Privacy Policies, available from Cookie Policy and Privacy Policy.  These policies are incorporated into these terms and conditions by this reference.

11. Changes to these Terms and Conditions

11.1 We may alter these terms and conditions, or any other terms incorporated into these terms and conditions by reference, at any time. If We do so, we will post a new version and will update the effective date at the beginning of this document. Each time you access Our Site, the current terms and conditions apply and if you continue to access Our Site, you will be deemed to have consented to the updated terms and conditions.  You are therefore advised to check this page from time to time. If you object to any changes, you must stop accessing Our Site immediately.

11.2 In the event of any conflict between the current version of these terms and conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

12. Contacting Us

To contact Us, please email Us at dataprotection@monexcanada.com or using any of the methods provided on Our contact page at www.monexcanada.com/contact/

13. Law and Jurisdiction

13.1 These terms and conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. Any disputes concerning these terms and conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Toronto, Ontario.

13.2 FOR RESIDENTS OF QUEBEC ONLY. The parties attorn to the jurisdiction of Québec and these terms and conditions, and any disputes related thereto or matters arising therefrom or associated therewith (whether contractual or otherwise), shall be governed by and interpreted in accordance with the laws of the province of Québec and the laws of Canada applicable therein.

14. Other Terms

14.1 Enforceability and Severability. If any court with authority over these terms and conditions finds any part of them unenforceable, the remaining portion will remain in full force and effect. Failure on our part to enforce any of these terms will not be considered a waiver of our rights.

14.2 Language. You acknowledge that a French version of this document is available to you. The parties agree that this Agreement and all other documents associated with the Agreement and all communications between us will be in English. Le titulaire de carte reconnait qu’une version française de cette entente est disponible. Les parties aux présentes conviennent à ce que cette entente et tous autres documents et communications soient rédigés en anglais.

14.3 Remedies. The remedies provided in these terms and conditions are cumulative and not exclusive of any remedies provided to Us under applicable law.