Terms and Conditions

Last Updated: January 30, 2022

These terms and conditions of use (the “Terms”) apply to your access to and use of any materials, content or services provided through or accessible on this website (the “Site”), or the Monkiri Application (the “App”), or any other Monkiri product or service owned and operated by Monkiri Inc. and its corporate affiliates (“Monkiri”, “we”, “us”, “our”). By accessing and using the Site or App, you accept and agree to be bound by these Terms, and all applicable laws and regulations.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, VARIOUS LIMITATIONS, EXCLUSIONS AND INDEMNITIES.

Your use of the Site or App is subject to these Terms. If you are not willing to be bound by each and every term and condition, or if any representation made by you herein is not true, you may not use, and must immediately cease accessing, the Site or App.

Updates to Terms

We may make changes to these Terms from time to time by posting the amended Terms on this Site. Changes will be effective immediately and you should therefore regularly check the site to ensure that you are familiar with the most up-to-date terms. Your continued use of the Site or App following any changes to the Terms will constitute your acceptance of the revised Terms.

Our Services

On this Site or the App, we provide general guidance on the nature of various types of financial products. In addition, we provide access to comparison information in relation to various financial, insurance and other products and providers. We do not charge any fees to you for providing this service but are paid by the third party product or service providers.

We may offer the opportunity for you to obtain independent advice from a third party service provider in relation to certain financial products. Such advice, if provided, is provided to you directly by the third party service provider independently of us and on terms that you agree with such third party service provider. The third party provider will advise you whether they provide an advised or non-advised service. Please check with them if this is important to you. We indicate on the Site and the App when you will be forwarded to a third party service provider to contact you in relation to such services.

We do not offer any products or services for sale through this Site or the App and nothing on the Site or the App shall be deemed an offer by us or any third party to provide you with any products or services.

We reserve the right to improve, amend, or suspend the services provided on the Site or the App at any time without notice to you.

Use of this Site or the App

The information we provide on the Site or the App is based on information given to us by third parties including the third party providers of the products and services. Although we take reasonable steps to keep the Site and the App up to date and to correct any errors as soon as possible after we become aware of them, we do not check, monitor, review, verify or endorse any such information. It is possible that information provided by third parties or in links to third party websites will be incomplete, inaccurate or out of date. It is your responsibility to verify such information to your own satisfaction and we cannot and do not accept responsibility for this.

The information that we provide on the Site or the App does not address your specific personal requirements. The information available on the Site or the App is not intended as, and does not constitute, any form of advice, recommendation, representation, endorsement or arrangement by us and is not intended to be relied upon by you in purchasing any particular product or service or making any specific investment decision.

The information on the Site or the App is intended to be used by you as a starting point for general research into various financial products. The description of products and services on the Site or the App may not represent a complete description of all the features and terms and conditions of such products and services. We have no control over the third parties who provide the products or services referred to on the Site or the App and do not accept any responsibility or liability for any losses or damages that you may suffer in connection with any product or service that you purchase from such third parties. You should always carry out your own research into any specific products before purchasing these and where appropriate obtain suitable independent advice.

Before you obtain any products or services from a third party you must ensure that you have reviewed and considered all relevant facts and fully satisfied yourself that the product or service is suitable for all of your requirements and that the terms and conditions on which the third party supplies such products or services are acceptable to you.

License to Use

Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, limited license to access the Site or the App and download, store and use the Site or the App material for transitory, non-commercial purposes, provided that, with respect to any materials obtained from the Site or the App, you may not:

(i) Modify, translate, copy, reproduce or otherwise create derivate works or improvements, whether or not patentable, of the Site or the App or any such materials, except as explicitly provided;

(ii) Distribute or transmit the materials except as explicitly permitted;

(iii) Publicly display, publish or perform the materials (for any purpose, commercial or non-commercial);

(iv) Create derivate works from, transfer, or sell any materials;

(v) Attempt to decompile, disassemble, decode, reverse engineer or otherwise attempt to derive or gain access to the source code of any software or database contained in or accessed through the Site or the App; or

(i) Remove, delete, alter or obscure any copyright, trademark, patent or other intellectual property or proprietary rights notice from the Site or the App, including any copy thereof or other proprietary notations,

without our prior, written consent. All rights not expressly granted to you are reserved by us and, if applicable, our licensors. For greater clarity, you are permitted to refer to the Site or the App through email, social media, or other similar methods, provided that you do not imply any affiliation between you and us, or you and the Site or the App, or portray us or the Site or the App in a false, misleading, derogatory or otherwise defamatory manner.

Privacy Policy

You acknowledge that you have read our Privacy Policy as it may be updated from time to time (the “Privacy Policy”), and hereby consent to the collection, use and disclosure by us and our agents of your personal information (whether previously collected or to be collected) for the purposes identified therein. Use of any personal information that you provide to us through the Site or the App is governed by the Privacy Policy.

Please note that when you provide information to any third party who you may have linked to from our Site or the App, whether through their website, over the phone or otherwise, use of your personal information will be subject to that third party’s terms and policies.

Links

Our Site and the App contains links to third party websites. We do not control the content of such third party websites and your use of such third party websites and the content of such third party websites is entirely at your own risk. We do not provide any guarantees or accept any liability in respect of third party sites, your use of such third party sites, or the content you may access through such third party sites. If you buy any products or services from such third party websites, you do so entirely at your own risk and your contract for access to and/or use of such third party products or services will be with the third party product or service provider and not us. You should ensure that you fully understand the product or service that you propose to purchase and the terms of the third party supplier’s contract with you.

You may provide links to our Site or App provided that you do so in a way that is fair and complies with all applicable laws and regulations. You must not operate a link to our Site or App which in our opinion damages our reputation or in any way suggests any form of approval, endorsement or association with us. We reserve the right to withdraw permission to link to this Site or the App and in such circumstances will require you to immediately remove any such link.

Proprietary Rights

In these Terms, “Content” means all materials and content, including designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work with respect to the Site or the App and any and all integrations with our web portal or mobile application and that site’s or the App’s entire contents, features and functionality (including but not limited to all information, software, text, displays, images, and the design, selection and arrangement thereof).

Our Content – Except where expressly stated otherwise, all right, title and interest in, to and associated with the Site or the App and all Content, source code, processes, designs, technologies, URLs, domain names, marks and logos forming any part of the Site or the App (collectively, “Our Content”) is fully vested in us, our licensors or our suppliers and are protected by Canada and international copyrights, trademarks, patents, trade secrets and other intellectual property or other proprietary rights and laws. You agree that Our Content is licensed subject to these Terms, including the disclaimers and limitations of liability herein. Nothing in your use of the Site or the App or these Terms grants you any right, title or interest in, to or associated with Our Content except the limited right to use the Site, the App, or Our Content as set out herein. You may not modify, copy, record, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit any of Our Content, in whole or in part without our written consent.

Third Party Content – Content accessed or available through the Site or the internet may be owned by parties other than you or us (collectively, “Third Party Content”) and may be protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Site or these Terms grants you any right, title or interest in or to this Third Party Content except for the limited right to use the Site as set out herein.

Advertising – We shall have the right, without notice, to insert advertising data into the Site or the App, so long as this does not involve our transmission of any of your personal information in contravention of the Privacy Policy. If you elect to have any business dealings with any party whose products or services may be advertised on the Site or the App, you acknowledge and agree that such dealings are solely between you and such advertiser and we will not be a party to, or have any responsibility or liability related thereto. You acknowledge and agree that no such advertising may be construed as an endorsement by us of any such products or services advertised.

Feedback – All right, title and interest in and to comments, ideas, suggestions and impressions of the Site or the App and our products given by you to us (collectively, the “Feedback”) is and shall be deemed to be our property and, by submitting Feedback to us, you agree that you thereby assign to us all right, title and interest to such Feedback to us.

Moral Rights – You acknowledge and agree that you hereby waive any and all moral rights you might have in the Feedback and that if you submit any Feedback from any third parties, you will have secured any and all moral rights waivers from such third parties, in favour of us.

Proprietary Notices

Copyright Notice – The Site and the App and all Content is owned and copyrighted by us and/or our licensors, and is licensed to you in accordance with these Terms only.

Trademark Notice – The trademarks, logos, and service marks displayed on or through the Site and the App are the property (whether registered or unregistered) of us, our licensors or other third parties. You are not permitted to use trademarks, logos and service marks for any purpose without our prior, written consent. Except as expressly indicated on the website, no endorsement, sponsorship, affiliation or other authorization is implied by any use of third party trademarks.

Acceptable Use and Prohibitions

In addition to any other terms or conditions regarding your use of the Site or the App in these Terms, we may require you to agree to specific terms for particular services, products or areas of the Site or the App from time to time by confirming your agreement. Any such additional terms which you agree to will be deemed incorporated into these Terms.

Proper Conduct (Things You Must Do) – Without limiting the generality of anything else contained in these Terms, you must ensure that:

(i) you only use the Site or the App for lawful purposes; and

(ii) if at any time you become aware of any violation, by any person or entity under your control, of any part of these Terms, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation

Prohibited Conduct (Things You Must Not Do) – Without limiting the generality of anything else contained in these Terms, you agree that you will not, in connection with the Site or the App, directly or indirectly do or permit any of the following:

(i) post, upload, reproduce, distribute or otherwise transmit any Content that:

(A) is unauthorized or unsolicited commercial communications, junk or bulk communications or other “spam” (whether or not using e-mail services, including instant messaging, blog or comment spam) or is otherwise duplicative or unsolicited,

(B) contains a virus, cancelbot, Trojan horse, worm or other harmful, disruptive or surreptitious component,

(D) is inappropriate, profane, obscene, or indecent or information without suitable or lawfully-required access controls (which controls shall in no event be our responsibility),

(E) gives rise to civil liability, or otherwise violates the rights or assists others to violate the rights of us or any third party, such violations including engaging in copyright infringement, invasion of privacy, trademark infringement or defamation,

(F) constitutes a criminal offence, or otherwise engages in or assists others to engage in any criminal offence, including pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, obscenity and child pornography; or

(G) incites discrimination, hate or violence towards one person or a group because of their belonging to a race, religion, nationality, sexuality, gender or other human rights-protected group of persons;

(ii) engage in threats, harassment, intimidation, stalking or abuse or any conduct that violates the legal rights of others, including the rights of minors and rights relating to privacy and publicity;

(iii) scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorized computer or network trespass without the express permission of the owners of such computer systems;

(iv) forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the Site or the App;

(v) impersonate or falsely represent your association with any person, including a representative of us;

(vi) disrupt or threaten the integrity, operation or security of any service, computer or any Internet system;

(vii) remove, disable or circumvent any access control, copy protection, rights management, security feature or related process or procedure established with respect to the Site or the App;

(viii) rent, lease, sell, lend, assign, publish, transfer, sublicense, share, resell, reproduce, copy, distribute, redistribute, or exploit for any purposes (except for your internal, personal, non-commercial purposes), any portion of, use of or access to, all of or any feature or part of the Site or the App, except where expressly authorized by us;

(x) modify, translate, adapt or otherwise create derivate works or improvements, whether or not patentable, of the Site;
harvest, scrape, extract, gather, collect, or store personal information about others without their express consent; or

(xi) harvest, scrape, or use any robot, spider, crawler, script or other automated means or interface not provided by us to access the Site or the App or to extract data, collect information or otherwise interact with the Site or the App.

(xii) That is unlawful, misleading, discriminatory or fraudulent.

Disclaimers, Limits of Liability and Indemnities

Limitations – Your use of the Site or the App depends on mobile or wireless networks, including the internet, telecommunications networks, cabling, facilities and equipment that is not in our control; accordingly (i) we cannot guarantee any minimum level regarding performance, speed, reliability, availability, use or consistency, and (ii) data, messages, information or materials sent over the internet may not be completely private, and your anonymity is not guaranteed.

Customer Acknowledgement – You acknowledge and agree that (i) all use of the Site or the App provided by us is at your own risk, and (ii) the Content that you may access while using the Site or the App may contain links to websites or third party applications which are provided solely as a convenience to you and the inclusion of any such links do not imply endorsement, investigation or verification by us of such websites or third party applications or the information contained therein.

Disclaimer of Warranties – WE MAKE NO CONDITIONS, WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, SECURITY, QUALITY, CAPACITY, PERFORMANCE, AVAILABILITY, TIMELINESS OR ACCURACY OF THE SITE. WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT, WHETHER ARISING BY USAGE OF TRADE, BY COURSE OF DEALING, BY COURSE OF PERFORMANCE, AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE HOWSOEVER.

No Liability – Notwithstanding any other provision of these Terms, in no event will we, our subsidiaries, our affiliates, or our controlling parties, agents employees, suppliers, licensors, resellers or distributors be liable for any direct, indirect, special, incidental, consequential or punitive damages, or any other damages or losses whatsoever, including damages for loss of profits, goodwill, opportunity, earnings, use or data, arising directly or indirectly from or related to these Terms or the Site, or any Content or software in connection therewith, regardless of the cause of action and even if one or more of us have been advised of the possibility of such damages or losses, or if such damages or losses would be reasonably foreseeable, including damages or losses arising from or in any way related to the following:

(i) sending, receiving, not sending, not receiving, loss, deletion or alteration of any transmissions, data or transactions entered into through or using the Site or the App;

(ii) any act or omission of you or any third party, including any threatening, defamatory, obscene, offensive or illegal conduct or any infringement of another’s rights, including intellectual property rights;

(iii) the performance of the Internet or the Site or the App;

(iv) the content or accuracy of any material, information or data (including any software) related to these Terms or viewed, downloaded, accessed or transmitted using, over or through the Internet or the Site or the App, including material that infringes the rights of others or otherwise violates laws or regulations; and

(v) delays, errors, interruptions, mistakes, omissions, non-delivery, incorrect delivery, viruses, Trojan horses, spyware, spam or defects in the transmission of any information, material or data over or through our systems or networks or the systems or networks of third parties.

To the extent that a province or jurisdiction does not permit the exclusion or limitation of liability as set forth in this paragraph, our liability is limited to the maximum extent permitted by the laws in such province, state or jurisdiction.

Applicability – Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability. In such circumstances, to the extent that such prohibitions prohibit any exclusions and limitations in these Terms, such exclusions and limitations will not apply to you strictly to the extent necessary to make these Terms consistent with such prohibitions.

Indemnity By You – You agree to indemnify and hold us, our directors, officers, employees and licensors harmless from all liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any such action, or to satisfy a judgment, and expenses of any kind and character whatsoever incurred by us relating to or arising from (i) access to or use, by you or permitted by you, of the Site or the App, or (ii) any of your acts or omissions, including breach or non-performance of these Terms and any violation of any third party rights.

General Provisions

Interpretation – In these Terms, (i) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms, (ii) the word “including”, the word “includes” and the phrase “such as”, when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected, and (iii) all references to website addresses or URLs shall also include any successor or replacement websites containing substantially similar information as the referenced website(s).

Waiver of Rights and Remedies – Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of these Terms. Our rights, powers and remedies in these Terms, including without limitation the right to suspend, restrict or terminate your access to any portion of the Site or the App, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.

Severability – If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.

Notifications – Subject to our Privacy Policy, we may provide you with notifications via email, in hard copy, through your Account, or through conspicuous posting of such notice on the Site or the App, as we may determine in our sole discretion.

Governing Law and Jurisdiction – These Terms and the rights of the parties hereto are governed by, and will at all times be construed in accordance with, the laws in force in the Province of Ontario and the laws of Canada applicable therein, without reference to its conflict of laws principles. You hereby irrevocably consent to the jurisdiction of the courts of the Province of Ontario in connection with any matter arising out of or in connection with these Terms. We only provide this service to you within, and to use in, Canada and reserve the right to restrict or prohibit access to any person not based within the jurisdiction of Canada and accept no liability if you access the Site or the App from outside this jurisdiction.

Limitation on time to file claims – ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE APP TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Assignment and Inurement – We may at any time assign our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign these Terms without our prior, written consent. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.

Survival – All provisions that, by their meaning or nature, are intended to survive termination or expiry of these Terms shall survive termination or expiration of these Terms.

Relationship – You agree that no joint venture, partnership, employment or agency relationship exists between us and you as a result of these Terms or your use of the Site or the App.

Entire Agreement – These Terms, as amended from time to time, including any and all documents, websites, rules, terms and policies referenced herein, constitutes the entire agreement between us and you with respect to the matters referred to in these Terms and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters.

English Language – The parties have requested and agree that this agreement and all documents relating thereto be drawn up in English / Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

Questions and Concerns:

If you have any questions or concerns about these Terms, please contact us at info@monkiri.co