Terms and Conditions
Please read the following terms and conditions (“Terms”) carefully. By using this web site (“Site”), you acknowledge that you have read the Terms and that you accept and will be bound by the Terms, which may be modified by Thinking Capital Financial Corporation (“Thinking Capital”) from time to time and re-posted on this Site. If you do not agree to the Terms, you shall immediately cease using the Site.
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 trademark, and other laws.
These contents belong 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 user name 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 user name 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 user name and password and are responsible for any activities undertaken by a person in possession of your user name or password for any reason other than solely due to the negligence of Thinking Capital.
Disclaimer of Warranties
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 “as is” 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 or 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.
Indemnification by You
You hereby agree to defend, indemnify, and hold harmless Thinking Capital Corporation, 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 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.
Links to Our Site
Submission of Your Information
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.
As part of your use of the Site, you may be presented with an online application for credit, where upon providing information that is requested in the credit application, you may be presented with financing offers from time to time (as described below), and for purposes of the Site, you will be referred to as having been “Certified”.
Thinking Capital may offer, its sole discretion, from time to time, various financing promotions which may lead to financing offers to Certified users of the Site. You acknowledge and hereby agree that to the extent any financing offers are provided to you, all agreements related to such financings will be governed by the terms of a financing agreement (the “Financing Agreement”) that you will enter into with Thinking Capital or such other appropriate entity.
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 Quebec 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 Quebec 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 Quebec, 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.