Terms and Conditions
Effective Date: March 10, 2021
SECTION 1 – OVERVIEW
The websites: www.eqcelerate.com and www.eqcelerate.ca (“the Website”) are operated by Eqcelerate Inc (“Eqcelerate”). Throughout the Website, the terms “we”, “us” and “our” refer to Eqcelerate. Eqcelerate offers this website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, indicates that you have read, understand, and agree to be legally bound by these Terms of Service and other applicable laws, statutes, and regulations. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
You must be at least eighteen (18) years of age and be deemed an Ontario resident to use this Website or any services contained herein. Your access or use of any part of this Website and any services indicates your representation that you are at least eighteen (18) years of age and that you have Ontario residency status. We assume no responsibility or liability for any misrepresentation of your age and residency status.
SECTION 2 – ACCEPTING THE TERMS OF SERVICE
By visiting our Website and/or making an investment through the Website, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Any new features or tools which are added to the Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
You may not use our Service for any illegal or unauthorized purpose nor violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 3 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 – INVESTMENT OPPORTUNITIES
Eqcelerate is an unregistered Start-up Crowdfunding Portal pursuant to the Ontario Instrument 45–506 Start-Up Crowdfunding Registration and Prospectus Exemptions (Interim Class Order) (45-506), in the province of Ontario. The information in these Terms & Conditions describes the legal and regulatory restrictions relating to Eqcelerate’s operations. Some products and services described in the Website may not be available in all jurisdictions or to all users. The information provided on the Website is not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or where Eqcelerate is not authorized to provide such information or services. In particular, this Website does not provide or offer investor services outside of Canada. Nothing contained in this Website is intended to nor does it constitute an offer or solicitation to purchase securities to any person in the United States or to any U.S. person as such term is defined under the Securities Act of 1933, as amended.
This Website may not be considered an offer or a solicitation to purchase or sell any particular fund or security. Investment opportunities are only available to pre-qualified individuals or institutions and are offered via an Offering Memorandum or other applicable exemption from prospectus requirements under Canadian securities laws. No offer or solicitation may be made prior to the delivery of a definitive Offering Memorandum or other applicable prospectus exemption documents. This Website is provided for informational purposes only, may not be complete, and may not contain certain material information about a particular issuer, including important disclosures and risk factors associated with an investment in a particular issuer.
This Website does not take into account the particular investment objectives or financial circumstances of any specific person who may view it and the information contained in the Website has been prepared by without reference to any particular user’s investment requirements or financial situation. The contents of this Website do not constitute financial, legal, or tax advice. Before making an investment, prospective investors are solely responsible and are advised to thoroughly and carefully review each issuer’s offering documents with their financial, legal, and tax advisors to determine whether an investment is suitable for them. A suitability assessment will not be conducted by Eqcelerate on any individual before an instruction to purchase a security is accepted.
Any comments or complaints regarding Eqcelerate services should be made in writing to the Eqcelerate Team at firstname.lastname@example.org.
SECTION 5 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us, including investments for issuers. We may, in our sole discretion, limit or cancel purchases per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.
SECTION 7 – ELECTRONIC SIGNATURE
At certain times during your use of the Service, you may be requested to accept or decline or otherwise acknowledge certain terms and conditions, agreements, notices and/or disclaimers. You may also be asked to employ an e-Signature – a set of alphanumeric and/or non-alphanumeric characters of your own choosing, inserted where indicated – to complete certain acknowledgements, agreements, and/or instructions. In each such instance, you agree that your clicking on the appropriate box, tab, or other link, or your use of an e-Signature, constitutes an electronic signature for the purposes of your use of the Service. The electronic record thereof will be considered conclusive evidence of you having accepted, declined, or otherwise acknowledged such matter, absent manifest error by Eqcelerate.
SECTION 8 – THIRD-PARTY LINKS AND INFORMATION
Certain content, products and services available via the Website and Service may include materials from third-parties.
Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PRIVACY AND PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Your use of the Website is at your sole and exclusive risk and any Services provided by us are on an “as is basis”. We disclaim any and all express of implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warrant of merchantability.
We do not guarantee, represent, or warrant that your use of our Website and Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the Website and Service will be accurate or reliable.
You expressly agree that your use of, or inability to use, the Website and Service is at your sole risk. The Website and service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Eqcelerate, our directors, officers, employees, affiliates, agents, contractors, interns, volunteers, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, downloaded, or otherwise made available via the Website and service, even if advised of their possibility. Because some provinces or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such provinces or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Eqcelerate and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting part
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the provincial laws of Ontario and the federal laws of Canada.
SECTION 19 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.