Free Trial - Terms of Use

Free Trial - Terms of Use

General:

This website www.kalkine.ca (the “Website”), all associated pages of the Website, and our mobile or software application, are operated by Kalkine Canada Advisory Services Inc. (“KCAS”), having its registered office at Suite 1700, 777 Dunsmuir Street, Vancouver, British Columbia, V7Y 1K4, with the Business Number 761925130BC0001 . KCAS’s affiliates, Kalkine Solutions Private Limited (“KSPL”) and Kalkine Consultancy India Private Limited (“KCIPL”), an Indian entity, provides all of KCAS’ operational activities, including but not limited to research, sales, compliance, and marketing under a service agreement executed between Kalkine, KSPL, and KCIPL. (“KCAS”, together with KSPL and KSIPIL shall be referred to herein collectively as “Kalkine”, “we”, “us” and “our”).

By using the Website, our mobile application, our Subscribed Services or our support services (our mobile apps, Subscribed Services and support services together with the Website, the “Services”), you agree to be bound by these terms (hereinafter referred to as “Terms of Use”). By using our Services, you agree that we may collect, use, and share your personal information in accordance with the terms of our Privacy Policy.

Please read these Terms of Use carefully. These Terms of Use are addressed to you and are applicable only if you have signed up for a free trial subscription (“Free Trial”). These Terms of Use are addressed to you, and by continuing to use the Services as set out below, you agree to be bound by it.

The pages of the Services contain general information in relation to various products that are available on a subscription basis via the Services. If you do not agree with these Terms of Use in their entirety, you may not use the Services.

Warning:

The advice given by Kalkine and provided via the Services is general information only. The advice does not take into account your investment objectives, financial situation or needs. You should therefore consider whether the advice is appropriate to your investment objectives, financial situation and needs before acting upon it. You should seek advice from a financial adviser, stockbroker or other professional (including taxation and legal advice) as necessary before acting on any advice.

You assume total responsibility, cost, and risk for your use of the Services. Not all investments are appropriate for all people. Past performance is neither an indicator nor a guarantee of future performance.

Information and Warranty Disclaimer

The information available on the Services has been prepared from a wide variety of sources, which Kalkine, to the best of its knowledge and belief, considers accurate. However, Kalkine does not warrant the completeness or accuracy of the information found in our Services. Please note that Kalkine is not in the business of rendering personalized advice, and we strongly suggest you seek a registered financial advisor and other professional advice before acting upon any recommendation. All information represents our views at the date of publication and may change without notice.

The Website and the Services are provided to you on an as is basis without representations, warranties, or conditions of any kind, either express or implied (including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement), from Kalkine, KSPL, KCIPL, its affiliates, and their respective directors, officers, employees, agents, licensors, service providers, or their respective successors or assigns (collectively, the “Indemnified Parties”). Kalkine expressly disclaims all warranties, express or implied, including and without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not represent or warrant that the Services are accurate, complete, reliable, current, error-free, uninterrupted, that defects will be corrected, that our Services or the server that makes it available are free of viruses or other harmful components, or that communications to or from the Services will be secure or not intercepted. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

There may be a product disclosure statement or other offer document for the securities and financial products we write about in “Kalkine Reports”. You should obtain a copy of the product disclosure statement or offer document from the product issuer before making any decision about whether to acquire any product.

Opening your account:

To be eligible to open an account and use our Services, you must: (a) have the capacity to enter into a legally binding contract (including being the age of majority); (b) have a valid email address, phone number, and home address; and (c) have a valid debit card, credit card, or bank account.

In opening an account, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Website’s/mobile or software application’s registration form; and (b) maintain and promptly update such information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.

Users are responsible for obtaining their own access to the Services and for the Services’ availability and performance. Users are required to ensure that all persons who access the Services through a User’s Internet connection are aware of these Terms of Use and comply with them. Users are responsible for any security breaches or performance issues relating to their accessing of the Services.

You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Your account is confidential and you agree to not provide any other person or entity with access to this Website or portions of it, including your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to, or use of your username or password, or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access that may occur. If you do not notify Kalkine that the confidentiality of your username and password has been compromised, Kalkine will be entitled to construe all activity on the Services using that password as being for and on behalf of you, you agree to pay all fees incurred, and agree to take responsibility for all actions of persons using your password. Kalkine is not responsible for any unauthorised access and use of your account unless we have failed to take reasonable steps to prevent such access or use.

Free Trial:

If you wish to access our Free Trial, you will need to become a subscriber by providing us with your contact details and other relevant information as requested to complete the sign-up.
We reserve the right to amend the security procedures for access to the Services at any time.
A Free Trial of up to 07 days is available to the subscribers. Free Trial is available only once per User and existing Users of Kalkine may not be eligible for the Free Trial. Kalkine solely reserves the right to amend the terms/offer for the Free Trial and approval of a Free Trial is at Kalkine’s sole discretion.
To continue using our services beyond the Free Trial, you will be required to purchase a Kalkine subscription via a valid payment method. Further billing with continue in accordance with the selected Kalkine subscription and the payment cycle stated at the time of payment.
The Free Trial is provided to you free of charge (subject to the other provisions of these Terms of Use), and on an ‘AS IS’ basis, without any warranty of any kind from us including, without limitation, a warranty of satisfactory quality, fitness for a particular purpose.
You must not provide any Kalkine Reports, documents or information obtained as a paid User of Kalkine and User of the Free Trial to any third party.

Access to Free Trial:

Kalkine will process activation of the Free Trial within a period of 24 hours, post we have successfully verified Your information. You must only use the Free Trial for your personal, non-commercial use and in accordance with these Terms of Use and any applicable law.

Liability

To the fullest extent permitted by law, in no event will the Indemnified Parties be liable to you for damages of any kind, under any legal theory, including gross negligence, negligent misrepresentation, fundamental breach, or any indirect, special, consequential, or punitive damages (including but not limited to damages loss of revenue, loss of profits, goodwill, loss of business or anticipated savings, loss of use, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the Service or any materials or content on the Service (including but not limited to any data loss or data corruption).

To the extent permitted by legislation, the Indemnified Parties limit any liability they may have to you to the re-supply of the Subscribed Services or the cost of re-supply of the Subscribed Services.

The Indemnified Parties do not guarantee the performance of any security or other financial product (or class of financial product) that is reviewed, recommended, or opined on in any of our Services. You acknowledge that you will exercise your independent judgement in using any information or reports provided by us and you shall solely bear all the responsibility for your own investment decisions.

Your sole remedy for dissatisfaction with the Services is to stop using the Services. In no event shall any of the Indemnified Parties be liable for any loss or damage arising from the failure of any of the Indemnified Parties to protect your password or account information.

Indemnity

You agree to indemnify, defend, and hold harmless the Indemnified Parties from any and all third-party claims, liability, damages, losses, or costs (including, but not limited to, reasonable legal fees) arising directly or indirectly in connection with or from:

your access to and use of our Services;
reliance by you on any information provided on or accessed via our Services;
your breach of any portion of the Terms of Use, any representation, warranty, or agreement referenced in these Terms of Use, or any applicable law or regulation;
your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; and/or
any dispute or issue between you and any third party.

Intellectual Property Rights:

All material published on our Services is owned or provided under licence by Kalkine. Our content on the Services and Free Trial is intended for individual, non-commercial use only. The content on the Services and/or in our publications is not to be copied, reproduced, forwarded, or disclosed without our prior written permission.

Kalkine solely owns and shall retain, all rights, title, and interest in all intellectual property including without limitation, trademarks, service marks, logos, trade names, copyrights, patents, trade secret rights, and other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, works of authorship and Confidential Information.

No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted, are reserved by Kalkine.

What you are not allowed to do:

Subject to these Terms of Use, you may not:

(a) systematically copy (whether by printing off onto paper, storing on disk or in any other way) substantial parts of the Services;

(b) remove, change or obscure in any way anything on the Services or otherwise use any material contained on the Services except as set out in these Terms of Use;

(c) reproduce, retransmit, disseminate, sell, publish, broadcast, nor the Services and anything available from the Services;

(d) use the Services to create, promote, trade, or market investment products without the express written consent of Kalkine or its information providers; or

(e) use the Services or content therein for unlawful purposes and you shall comply with all applicable laws, statutes and regulations at all times.

Unlawful Activity:

Kalkine has the right to investigate any breach or complaint about a violation of these Terms of Use. Kalkine will take appropriate legal action, including without limitation, referral to law enforcement or regulatory authorities for any illegal or unauthorized use of the Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.

YOU WAIVE AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY KALKINE AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER KALKINE, SUCH PARTIES, OR BY LAW ENFORCEMENT.

Disclaimer to Accuracy of information:

The information available on the Services has been prepared from a wide variety of sources, which Kalkine, to the best of its knowledge and belief, considers accurate. However, Kalkine does not warrant the completeness or accuracy of the information found in our Services. Please note that Kalkine only provides general advice and is not in the business of rendering personalized advice and we strongly suggest you seek a registered financial advisor before acting upon any recommendation. All information represents our views at the date of publication and may change without notice. Please note that Past performance is neither an indicator nor a guarantee of future performance.

Staff trading policy

We do our utmost to avoid conflicts of interest. In order to do so, we impose internal restrictions on staff trading, and require the disclosure of staff holdings. Trading restrictions are as follows:

approval for all staff trades is to be obtained from one of the responsible managers or the compliance manager. Approval is at the complete discretion of the responsible manager or the compliance manager;
where a recommendation changes, staff will not be permitted to trade for one day after the updated publication;
staff must not trade against a buy or sell recommendation. Approval to trade against a buy or sell recommendation will only be granted in exceptional circumstances; and
staff must hold all stocks for at least 10 full market days. Approval to sell within 10 full market days will only be granted in exceptional circumstances.

Quality of Service:

To use the Services, you require a device with access to the internet.

The quality and availability of Kalkine Reports may sometimes be affected or disrupted by factors outside of our control. These factors can include interruptions to internet services suffered by Kalkine, or other communications carriage service providers through which Kalkine is hosted, accessed or administered.

We may change or withdraw some or part of the Kalkine Services from time to time. This may be because of changing laws, government policy, technologies, obsolescence, new or different product features or functionality, changing content providers and the need to remove, replace or modify content.

Breaching the Terms of Use

Any User found to be in breach of these Terms of Use may have their access to your account and the Free Trial suspended, amended, or cancelled. Kalkine reserves the right to take whatever action is available to us under the law and may disclose information to law enforcement agencies or regulatory authorities as necessary for Kalkine to comply with statutory or regulatory obligations.

Waiver

if Kalkine fails to exercise or delay in exercising any right, power, or remedy, we do not waive the right, power, or remedy; and
if we do not act in relation to a breach by you of these Terms of Use, this does not waive our right to act with respect to that breach, subsequent breaches, or similar breaches.

Third-party rights

Unless expressly stated otherwise, nobody else has any rights under these Terms of Use. This agreement is between you and Kalkine. No other person shall have any rights to enforce any of its terms.

Third-party material

The Website may contain links to third-party materials, including websites, third-party services, and third-party content (collectively, “Third-Party Material”). Your use of links to Third-Party Material is done so at your own risk.

Kalkine makes no claim or representation regarding Third-Party Material and provides Third-Party Material or links to Third-Party Material only as a convenience. Inclusion in the Services of a link to Third-Party Material does not imply Kalkine’s endorsement, adoption, sponsorship of, or affiliation with such Third-Party Material. Kalkine accepts no responsibility for reviewing changes, updates to, or the quality, content, policies, nature, or reliability of Third-Party Material, or websites linking to the Services. When you leave the Services, our Terms of Use and policies no longer apply. If you choose to access any such websites, services, or content, you do so at your own risk. You should review applicable terms and policies, including privacy policies and data gathering practices of any Third-Party Material, and should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any third party.

Advertisements and promotions

Kalkine may run advertisements and promotions from third parties on the Services. Your business dealings, correspondence with, or participation in promotions of advertisers other than the Website and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Kalkine is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Services.

Assignment:

We may assign any or all of our rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of us, and any such attempted assignment will be void and unenforceable.

Severability:
If any provision of these Terms of Use is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Enforceability:

If any provision of these Terms of Use is found to be illegal, invalid or unenforceable by a court of law in respect of a jurisdiction, then that provision will not apply in that jurisdiction and is deemed not to have been included in the Terms of Use in that jurisdiction. This will not affect the remaining provisions.

Applicable Law and Jurisdiction:

These Terms of Use shall be governed by and construed in accordance with the laws of Canada and any disputes (including non-contractual disputes or claims) arising out of or in connection with these Terms of Use will be dealt with by the Canadian courts. You and Kalkine explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Each party to the Terms of Use submits to the exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario and waives any jurisdictional venue or inconvenient forum objections to such courts.

Our Services are directed towards Canadians; however, our Services may be accessible from outside of Canada. We do not warrant nor make any representation that our Services complies with the laws (including intellectual property laws) of any country outside of Canada. If you access our Services from outside Canada, you do so at your own risk, and you are responsible for complying with the laws in the jurisdiction where you access our Services.

Changes to these Terms of Use:

We reserve the right to change all or part of these Terms of Use at any time, and at our sole discretion. If we do, the new Terms of Use will be posted on our Services. If you do not agree with the changes, you must stop using the Services and you can cancel your account with us without further obligation.

Your subsequent or continued use of the Services and/or receipt of our emails will constitute your acceptance of any changes. If you do not accept the updated Terms of Use you may not be permitted to continue to use our Services. As you are bound by these Terms of Use, we recommend that you periodically refer to them.

If you have any queries relating to these Terms of Use, please contact our customer service department. Please email [email protected] or phone +1 416-646-0750, +1 647-948-6363 Or you can write to us at: Office No. 401, Bay Street, 16^th floor, Toronto, Ontario, M5H 2Y4.

Entire agreement

These Terms of Use constitute the entire agreement between you and Kalkine regarding your use of the Services, and supersede all prior or contemporaneous communications, whether electronic, oral, or written between you and Kalkine regarding your use of them. Each of Kalkine and Users confirm that it is their express wish that these Terms of Use, as well as any other documents related to these Terms of Use, including notices, schedules, and authorizations, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté expresse que cette convention, de même que tous les documents s'y rattachant, incluant tous les avis, annexes, et autorisations, soient rédigés en langue anglaise seulement.

Disclaimer

Kalkine Canada Advisory Services Inc. is authorised to provide general advice only. The information on this Website or our mobile or software application does not consider any of your investment objectives, financial situation or needs. Before you make a decision about whether to acquire a financial product, you should obtain the Product Disclosure Statement from the product issuer. You should consider the appropriateness of advice considering your own objectives, financial situation and needs and seek independent financial advice before making any financial decisions.

Last updated: 02/06/2022