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Terms and Conditions
Table of Contents
1. General
2. Warning
3. Information and Warranty Disclaimer
4. Member terms
5. Opening your account
6. Liability
7. Indemnity
8. Intellectual property rights
9. Access to information
10. Unlawful activity
11. Pricing and refund policy
12. Staff trading policy
13. Quality of service
14. Support services
15. Breaching the Terms and Conditions
16. Waiver
17. Third-party rights
18. Third-party material
19. Advertisements and promotions
20. Severability
21. Assignment
22. Applicable law and jurisdiction
23. Changes to these Terms and Conditions
24. Entire agreement
25. Complaint resolution
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 and Conditions”). In these Terms and Conditions, those who create an account on the Website are called “Members” (defined further in Section 2). In these Terms and Conditions, users of the Services, whether they are Members or casual browsers of the Website, are called “Users” or “you”. 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 and Conditions carefully. These Terms and Conditions are addressed to you and you agree to be bound by them, whether you are accessing the Services on your own behalf or on behalf of another entity, organisation, or company. If you do not agree with these Terms and Conditions in their entirety, you may not use the Services.
The advice given by Kalkine and provided through the Services is for 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 for you before acting upon it. You should seek advice from a financial adviser, stockbroker, tax advisor, legal advisor, or other professional 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.
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.
In order to become a Member with access to individually selected, paid subscribed Services (the “Subscribed Service(s)”), you agree to these Terms and Conditions. This involves the following:
Doing so will give Members access to the Subscribed Services, including any digital content or application published by Kalkine.
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 registration form; (b) maintain and promptly update such information to keep it true, accurate, current and complete; and (c) accept all risks of unauthorized access to all other information you provide to and on the Website. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect so, 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 and Conditions 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 user name 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.
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.
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:
All material published on our Services is owned or provided under licence by Kalkine. Our content on the Services and the Subscribed Services 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, and without limitation, 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 and Conditions, you may not:
Members will only have access to the Subscribed Services they pay for. Members must not reveal any username(s) or password(s) or forward Subscribed Services emails to any third party.
The free e-letters provided be Kalkine can be viewed on the dedicated website or our mobile or software application, or received through email subscription.
Kalkine has the right to investigate any breach or complaint about a violation of these Terms and Conditions. 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.
The fees associated with the Subscribed Services and any other charges involving the use of the Services are detailed on the Website https://kalkine.ca/membership .
We can review and alter our prices for the Subscribed Services at any time. You will not be entitled to any refund of subscription fees if you decide to cancel your Subscribed Services once you activate the Subscribed Service, and throughout the duration of the Subscribed Service (the “Subscription Period”). Each Subscribed Service must be paid in full prior to start of the Subscription Period. We will cancel your Subscribed Services if the Subscription Period is not paid in advance, or if you give us written notice that you wish to cancel within 7 days of obtaining a subscription as a new user (the “Money Back Guarantee”). For further clarification, a “new user” is defined as a Member who has never had a subscription to the Services before, and is not a past or existing Member with Subscribed Services. Cancellations must be delivered in writing and posted to Kalkine Canada Advisory Services Inc., 401 Bay Street, 16th Floor, Toronto, Ontario, M5H 2Y4, Canada. In order to get the Money Back Guarantee, the marking on the post (sent for the cancellation confirmation) must be within 7 days from the date of the Member obtaining the Subscribed Services.
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:
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, you, or other service providers through which Kalkine is hosted, accessed, or administered. When you use the Website, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.
We may change or withdraw some or part of the 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.
Kalkine’s account managers are available between 9:00 a.m. and 5:00 p.m. (EST) on normal business days by calling +1(437)-317-7001 or through email. Please understand that at times, our account managers may experience a larger than usual influx of phone calls and emails. In this case it may take up to 24 hours to respond to you. Thank you in advance for your understanding and patience. To ensure fairness, we will answer your emails and phone calls in the order we receive them.
Kalkine’s account managers are not able to provide financial advice. All information provided by our account managers is general in nature and does not take into account your specific needs or financial situation. If you have a question about a specific investment, please seek advice from a professionally licenced financial advisor.
Kalkine’s account managers will endeavour to answer all your questions. However, please understand that they are not technical experts, and may not be able to help you with device-specific related questions. Kalkine reserves the right to record any telephone calls to or from its account managers and to use the information recorded and any emails sent and/or received by its account managers for training and research purposes.
Any User found to be in breach of these Terms and Conditions may have their access to Subscribed Services 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.
Unless expressly stated otherwise, nobody else has any rights under these Terms and Conditions. This agreement is between you and Kalkine. No other person shall have any rights to enforce any of its terms.
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 and Conditions 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.
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.
If any provision of these Terms and Conditions is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
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.
These Terms and Conditions 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 and Conditions 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 and Conditions 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.
We reserve the right to change all or part of these Terms and Conditions at any time, and at our sole discretion. If we do, the new Terms and Conditions 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, except for the amount due for the balance of the billing period in which you cancel your account (if your billing period is monthly, we will prorate your account to the nearest month-end after cancellation). Unless otherwise specified, any changes or modifications will be effective immediately.
Your subsequent or continued use of the Services and/or receipt of our emails will constitute your acceptance of any changes. As you are bound by these Terms and Conditions, we recommend that you periodically refer to them.
If you have any queries relating to these Terms and Conditions, please contact our Customer Service Department. Please email [email protected] , phone +1(416)-646-0750, or you can write to us at: Kalkine Canada Advisory Services Inc., 401 Bay Street, 16th Floor, Toronto, Ontario, M5H 2Y4, Canada.
These Terms and Conditions 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 and Condition, as well as any other documents related to these Terms and Conditions, 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.
Kalkine is committed to providing transparent and accessible Services to everyone we deal with, and we hope to make your experience with us an excellent one. If you have a complaint about any of our Services, you are encouraged to contact us at +1(416)-646-0750 or email at [email protected] with full details of your complaint. We will aim to resolve and provide a substantive response within 7 business days of receipt of the complaint.
Kalkine will employ its best efforts to resolve the complaint to your full satisfaction.
Last Updated 4th April, 2022
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