Terms Of Service

THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING A MFF WEB SOLUTIONS INC. (“MFF”) SITE.

Last updated on July, 2018

1.INTRODUCTION

Welcome to the Internet site MFF Web Solutions. and its subsidiaries (collectively, the “MFF”) which reference these Terms and Conditions, including, without limitation, MYFINANCIALFUTURE.ca. By using a MFF Site, or any of the products or services (collectively, the “Services”) available on a MFF Site, including Services offered on a payment basis (each a “Pay Service”), you agree, without limitation or qualification, to be bound by these terms and conditions (the “Terms and Conditions”) and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with use of a MFF Site or Service, or, in the case of a Pay Service, which form part of your agreement to pay to access or use any particular MFF Site or Service (your “Pay Services Agreement”), all as may be modified by The MFF from time to time in accordance with these Terms and Conditions. If you do not agree with these Terms and Conditions, you may not use a MFF Site or any of the Services on a MFF Site and must terminate any applicable Pay Services Agreement.

2.REGISTRATION, ACCOUNTS AND PASSWORDS

Certain of the Services and related material, software, information, data and other content made available on a MFF Site (“Content”) may require registration or subscription. Should you choose to register or subscribe for any such Services or related Content, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on a MFF Site, and (b) all activities that occur, including transaction effected, under such password or account. Further, you agree to notify The MFF of any unauthorized use of your password or account. The MFF will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section.

3.RESTRICTIONS ON USE OF MATERIALS

All Content available on a MFF Site, including the manner in which such Content is presented, and the Services are: Copyright © MFF Web Solutions, its affiliates and/or licensors. All rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. The MFF and/or its licensors grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal, private and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through a MFF Site or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.

4.TRADEMARKS

MFF Web Solutions Inc. and all associated designs and logos are trademarks and used under license by affiliates. All other product, brand and company names and logos used or mentioned on a MFF Site or any of the Services may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks appearing on a MFF Site or any of the Services without the express written consent of the owner of the trademark is strictly prohibited.

5.USER CONDUCT

In consideration of the availability, and your use, of a MFF Site or any of the Services, you agree to comply with all applicable laws and these Terms and Conditions when using such MFF Site or Service. You acknowledge that MFF may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to:

  • post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use a MFF Site or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying a MFF Site, any of the Services, or the Internet;defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
  • post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
  • post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.

6.RESPONSIBILITY FOR MINORS

In cases where you have authorized a minor to use a MFF Site or any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of a MFF Site or any of the Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of a MFF Site may contain material that is inappropriate for minors.

7.DISCLAIMER

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MFF SITES AND ANY OF THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT EACH OF THE MFF, ITS AGENTS, REPRESENTATIVES AND LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES (COLLECTIVELY THE “MFF GROUP”) DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS AND ENDORSEMENTS (COLLECTIVELY THE “WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, SUITABILITY, RELIABILITY, FREEDOM FROM INFECTIONS OR VIRUSES OR COMPLETENESS AS WELL AS ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; AND

(B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MFF GROUP SPECIFICALLY MAKES NO WARRANTIES THAT A MFF SITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF A MFF SITE OR ANY OF THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

8.PROFESSIONAL INFORMATION DISCLAIMER

The MFF Sites may make available certain information provided by third parties related to various professional fields such as, without limitation, law, accounting and financial planning and investments (“Professional Information”). Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of Profession Information or other Content does not replace consultations with a qualified legal, financial or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore, some Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any Professional Information rests with you. You further agree that the MFF Group, including its suppliers, will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any Professional Information.

9.FINANCIAL INFORMATION DISCLAIMER

The Content (including any facts, views, opinions, recommendations, description of, or references to, products or securities) made available by MFF through a MFF Site or any of the Services is:

(a) for information purposes only;

(b) not to be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of any entity or security by MFF; and

(c) not necessarily reflective of the views or policy of MFF, including the publisher, contributors and staff of, and advertisers on, a MFF Site. You acknowledge and agree that any request for information by you is unsolicited and will neither constitute nor be construed as investment advice by MFF. You should apply your own judgment in making any use of any Content, including, without limitation, the use of any information contained therein as the basis for any conclusions.

You bear responsibility for your own investment research and decisions. PRIOR TO MAKING ANY INVESTMENT DECISION, IT IS STRONGLY RECOMMENDED THAT YOU SEEK OUTSIDE ADVICE FROM A QUALIFIED INVESTMENT ADVISOR. MFF DOES NOT PROVIDE OR GUARANTEE ANY FINANCIAL, LEGAL, TAX, OR ACCOUNTING ADVICE OR ADVICE REGARDING THE SUITABILITY, PROFITABILITY, OR POTENTIAL VALUE OF ANY PARTICULAR INVESTMENT, SECURITY, OR INFORMATION SOURCE.

You acknowledge that the MFF, its affiliates and licensors, and employees, subcontractors or agents may invest or otherwise hold interests in entities which may be referenced in any of the Services or Content accessible through a MFF Site. The views and opinions expressed on a MFF Site are not intended to constitute a description of securities bought, sold, or held on behalf of MFF nor an indication by MFF of any intention to buy, sell, or hold any security.

10.DISCLAIMER REGARDING SEARCH CONTENT

Any and all pictures, sounds, sound effects, sound recordings, musical works, performances, graphics, video, cinematic productions, audio-visual works and any other works (the “Multimedia Content”) located through a MFF Site’s search services are protected by copyright and/or other intellectual property laws. The MFF does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside a MFF Site, all of the Multimedia Content contained on such sites is owned and served by entities other than The MFF. The MFF provides you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If you intend to make use of any Multimedia Content accessed through a MFF Site’s search services for commercial or noncommercial purposes, we strongly suggest that you contact the server and/or owner of the Multimedia Content for permission to use such Multimedia Content.

11.MONITORING

You acknowledge that MFF has no obligation to monitor a MFF Site or any content accessible through a MFF Site or any of the Services. However, you agree that The MFF has the right to monitor a MFF Site electronically from time to time and to disclose any information, including your personal information, as necessary to satisfy any law, regulation or other governmental request, to operate a MFF Site or any of the Services properly, or to protect itself or its users in accordance with the Privacy Policy.

12.MODIFICATIONS

For users of the MFF Sites other than in relation to Pay Services Agreements, The MFF reserves the right, in its sole discretion, to add to, remove from, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted on a MFF Site. Please check these Terms and Conditions regularly for updates by checking the date of “Last Update” at the top of this document. If any change is not acceptable to you, you must discontinue your use of any MFF Sites and any of the Services immediately. Your continued use of a MFF Site or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, The MFF reserves the right to change, modify, suspend or discontinue any aspect of a MFF Site, Services or Content from time to time without notice or liability and for any reason whatsoever. For users who have entered into a Pay Services Agreement, modifications to your Pay Services Agreement or these Terms and Conditions are discussed below.

13.CONTENT LINKED TO A MFF SITE

Please exercise discretion while browsing the Internet. Please note that certain links on a MFF Site may take you to other websites. The MFF provides these links only as a convenience and not as an endorsement by The MFF. These linked sites are not necessarily under the control of The MFF. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. The MFF is not responsible for the content of any such linked sites or any other web page which is not part of a MFF Site and under The MFF’s control. Unless otherwise expressly provided, the MFF Group makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that the MFF Group will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from a MFF Site.

14.DEALINGS WITH THIRD PARTIES

You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, a MFF Site or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. The MFF Group assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions will be yours alone. You agree that MFF will not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.

15.SUBSCRIPTION/FEE BASED SERVICES

Certain of the Services and Content made available on a MFF Site may be offered by The MFF on a payment basis. These Pay Services may be offered by MFF on a prepaid usage basis or on a periodic subscription (“Subscription”) basis. Should you choose to purchase or subscribe to certain Pay Services, you will be required to register as described at the time of registration for the Pay Service, and you will be assigned an account for such Pay Service (the “Pay Service Account”) based on the information you provide as part of the registration process. You will be responsible for all uses of your Pay Services Account, including transactions effected and all applicable Pay Services fees, together with all applicable taxes (collectively, the “Fees”), incurred through your Pay Services Account. You agree to pay all the Fees applicable for such Pay Service which you incur. You agree to immediately notify MFF of any unauthorized use of your Pay Services Account. Unless otherwise indicated in the registration process, in your Pay Services Agreement or in these Terms and Conditions, the Fees for a Pay Service purchased through your Pay Service Account are chargeable immediately (and at the beginning of each payment period for periodic Subscription Pay Services) to the credit card you designated for the particular Pay Service Account (the “Account Credit Card”) or through such other billing process as applicable. All Fees are non-refundable.

Please note that Subscription Pay Services are billed automatically at the beginning of each payment period as set out in your Pay Services Agreement and Fees in respect of each payment period will be based on the then-current rate for the particular Subscription Pay Service. You may terminate your Pay Services Agreement at any time, which termination will only be effective at the end of the payment period in which you terminate your Pay Services Agreement, in accordance with these Terms and Conditions and your Pay Services Agreement.

By registering for a Pay Service, you warrant that: (a) you are of the age of majority in the jurisdiction in which you reside, (b) all information you submit is true and correct (including without limitation all Account Credit Card information), and (c) you are the cardholder of the Account Credit Card.

In consideration of the availability, and your use, of a Pay Service, you acknowledge and agree: (a) to the terms of your Pay Services Agreement and these Terms and Conditions, including, without limitation, the disclaimers, limitation of liability and provisions related to prohibited conduct set out herein; (b) that you are solely responsible for all acts or omissions that occur through your Pay Service Account; (c) that the Pay Service is for your personal, non-commercial use and you agree not to resell, distribute, transfer, share or otherwise use any Pay Service, including any coupons or credits related to same for any commercial purposes whatsoever; (d) that MFF reserves the right to specify an expiry date for the use of any coupons or credits purchased in connection with any Pay Service; and (e) that MFF reserves the right to suspend or terminate your Pay Service Account and your use of a Pay Service in accordance with these Terms and Conditions and your Pay Services Agreement.

16.MODIFICATION PAY SERVICE AGREEMENTS AND TERMS OF SERVICE IN CONNECTION WITH SUBSCRIPTION/FEE BASED SERVICE

MFF may at any time and from time to time amend or modify these Terms and Conditions or a Pay Service Agreement, including any Fees, features or other aspects of Pay Services, upon notice to you. Notification may be provided using one or more of the following methods: (i) letter mailed to your billing address; (ii) bill message or insert; (iii) e-mail to one or more of your email accounts provided to MFF; (iv) posting on MFF website; (v) newspaper ad; or (vi) speaking to you or leaving a message for you. If you do not agree to any such amendments or modifications of your Pay Services Agreement or these Terms and Conditions, your sole remedy is to immediately stop using the MFF Sites and Services, including Pay Services, and to terminate your Pay Services Agreement and these Terms and Conditions in accordance with these Terms and Conditions and your Pay Services Agreement. You can review the most current version of these Terms and Conditions at www.myfinancialfuture.ca.

17.MFF TERMINATION

MFF reserves the right to suspend or terminate your Account and your access to the Site, Services and Content, including Pay Services, at any time for convenience, or for any other reason, including without limitation, if: (a) the Account Credit Card is invalid for any reason; (b) you give MFF and/or its affiliates or licensors false or misleading information; (c) MFF and/or its affiliates or licensors does not receive any payment when due; or (d) MFF has determined, in its sole discretion, that the use of a MFF Site or of any Services through your Account is, or was in breach of these Terms and Conditions or you are using the Services for unlawful or improper use. Any such termination by MFF will be in addition to and without prejudice to such rights and remedies as may be available to MFF, including injunction and other equitable remedies. Your ability to use the Pay Services is also subject to any limits established by MFF or by your Account Credit Card issuer. If Fees cannot be charged to your Account Credit Card or your charge is returned for any reason, including chargeback, MFF reserves the right to either suspend or terminate your Pay Services Account and your access to the Pay Services. The disclaimer, limitations on liability, and indemnity provisions herein will survive termination or expiry of your Account, these Terms and Conditions and your Pay Services Agreement.

18.SUBSCRIBER TERMINATION

You may terminate your subscription to a Pay Service for a Subscription at any time by e-mailing advisorservices@myfinancialfuture.ca. All terminations will be effective at the end of the month in which such termination was effected. MFF will not, under any circumstances, provide any refund in connection with the termination of any Pay Service for a Subscription with a duration of one month or less. With respect to the termination of Pay Services for a Subscription which are longer than one month, MFF will provide a refund (in the form of a credit against the Pre-Authorized Withdrawal) in an amount equal to: (i) the amount charged against the Pre-Authorized Withdrawal and received by MFF for the applicable Pay Service for a Subscription, less (ii) the regular amount that would have been payable if calculated on a monthly basis for the applicable subscription period up to the end of the monthly period in which termination is effective.

19.INDEMNIFICATION

You agree to defend, indemnify and hold harmless each member of MFF and each of their respective officers, directors, employees and agents, including all third parties mentioned on a MFF Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of a MFF Site, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from a MFF Site or through any of the Services. You will use your best efforts to cooperate with MFF in the defense of any claim. MFF reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

20.LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL MFF BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER MFF HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF A MFF SITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO A MFF SITE OR ANY OF THE SERVICES.

You expressly acknowledge that MFF has entered into your Pay Services Agreement and these Terms and Conditions, and has and will make certain MFF Sites, Content and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and MFF. You expressly agree that the indemnities, limitations, exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of your Pay Services Agreement or these Terms and Conditions.

21.GOVERNING LAW/JURISDICTIONAL ISSUES

All MFF Sites and Services are controlled, operated and administered by MFF from its offices within Canada. MFF makes no representation or warranty that a MFF Site or any of the Services are appropriate or available for use at any locations outside Canada. If you access a MFF Site from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through a MFF Site in violation of applicable export laws and regulations. These Terms and Conditions will be interpreted, construed and governed by the laws in force in the Province of British Columbia, Canada, without reference to its conflict of laws principles. Subject to Section 24 (Arbitration and Actions) below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of British Columbia, and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.

22.ARBITRATION AND ACTIONS

Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms and Conditions, a Pay Service (unless otherwise specified in Pay Services Agreement), your Pay Services Agreement, your use of any MFF Site or Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions or your receipt and use of the Site or Services, which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a “Claim”), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Vancouver, British Columbia in English and governed by British Columbia law pursuant to the Arbitration Act, 1991 (British Columbia), as amended, replaced or re-enacted from time to time. The arbitrator will be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against MFF relating to any Claim and you also agree to opt out of any class proceedings against MFF. Notwithstanding the foregoing, MFF reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

23.SUBMISSION OF IDEAS OR SUGGESTIONS

MFF is always improving MFF sites and services and developing new features. If you have ideas or suggestions regarding improvements or additions, MFF would like to hear them – but any submission will be subject to these terms and conditions. UNDER NO CIRCUMSTANCES WILL ANY DISCLOSURE OF ANY IDEA OR SUGGESTION OR RELATED MATERIAL TO MFF AND/OR ITS AFFILIATES OR LICENSORS BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA OR SUGGESTION OR ANY RELATED MATERIAL TO THE MFF AND/OR ITS AFFILIATES OR LICENSORS, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO The MFF AND/OR ITS AFFILIATES OR LICENSORS THAT THE IDEA OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA OR SUGGESTION OR ANY RELATED MATERIAL AND THAT THE MFF AND/OR ITS AFFILIATES OR LICENSORS IS FREE TO IMPLEMENT THE IDEA OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY THE MFF AND/OR ITS AFFILIATES OR LICENSORS, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

24.PRIVACY

For information on how user information is collected, used and disclosed by MFF in connection with your use of a MFF Site and any of the Services, please consult our Privacy Policy.

25.GENERAL PROVISIONS

These Terms and Conditions and any Pay Services Agreement you have entered into are personal to you, and you may not assign your rights or obligations to anyone. Your Pay Services Agreement and these Terms and Conditions constitute the entire agreement between MFF and you pertaining to your use of a MFF Site, Services and Content and supercede any prior agreements between you and MFF with respect to the subject matter hereof. MFF’s failure to insist upon or enforce strict performance of any right or provision of your Pay Services Agreement or these Terms and Conditions will not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in your Pay Services Agreement or these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions (or parts thereof) contained herein. Except where prohibited by applicable law, any cause of action you may have with respect to your use of MFF Sites or which is the subject of your Pay Services Agreement or these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises. No changes to your Pay Services Agreement or these Terms and Conditions will be made except as expressly contemplated herein. The parties have required that your Pay Services Agreement and these Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s’y rattachent soient rédigés en anglais.

MyFinancialFuture Inc. (MFF) Privacy Code:

The MFF Privacy Code applies to the management of Personal Information in any form whether oral, electronic or written. MFF reserves the right to amend this MFF Privacy Code from time to time.

The application of the MFF Privacy Code is subject to the requirements or provisions of any applicable legislation, regulations or agreements, or the order of any court or other lawful authority.

Exclusions from privacy protection: The MFF Privacy Code does not impose any limits on the collection, use or disclosure of the following information MFF: a) information that is publicly available, such as a Person’s name, address, telephone number and electronic address, when listed in a directory or made available through directory assistance; b) business-contact information, such as the name, title or business address or telephone number of an employee of an organization; c) information collected, used or disclosed in the course of journalistic, literary or artistic activities; or d) aggregate information that cannot be associated with a specific person, such as demographic statistics about MFF customers, or number of visitors and average time spent on a website.

Purposes for Collection of Personal Information:

MFF has collected and collects Personal Information for the following purposes: a) to establish and maintain responsible commercial relations with Individuals and to provide ongoing service; b) to understand Individual needs; c) to develop, enhance, market or provide products and services; d) to manage and develop its business and operations, including personnel and employment matters; and e) to meet legal or regulatory requirements, including to protect or defend a legal interest, and in connection with an actual or possible MFF corporate re-organization, merger or amalgamation with another entity, or an actual or possible sale of all or a substantial portion of the assets of MFF, provided that the Personal Information disclosed continues to be used by the entity acquiring the information either for evaluation of the possible transaction, or, on completion of any such transaction, for the purposes permitted by this Privacy Policy.

Obtaining Consent:

MFF will make a reasonable effort to make sure Persons understand how their Personal Information will be used by MFF. MFF will obtain consent from Persons before or when it collects or uses the Personal Information. MFF will not attempt to deceive Persons into giving consent.

A Person’s consent can be express, implied, or given through an authorized representative. A Person can withdraw consent at any time, with certain exceptions noted herein. MFF, however, may collect, use or disclose Personal Information without the Person’s knowledge or consent in exceptional circumstances where such collection, use or disclosure is permitted or as required by law.

Note: If any Person at any time has any questions or concerns about MFF’s privacy practices, please contact MFF at info@myfinancialfuture.ca

Refusing or withdrawing Consent:

Subject to legal and contractual requirements, a Person can refuse to consent to MFF’s collection, use or disclosure of Personal Information about the Person, or a Person may withdraw the Person’s consent to MFF’s further collection, use or disclosure of Personal Information at any time in the future by giving MFF reasonable notice, unless: i) the consent is otherwise required by law or ii) the use or disclosure is permitted by law or is related to the legal or regulatory requirements described herein. If a Person refuses or withdraws the Person’s consent, MFF may not be able to provide the Person or continue to provide the Person with some products, services or information which may be of value to the Person.

Internet Aspects:

Personal Information may be collected by MFF or third-party service providers on MFF’s behalf. Although information collected, used or disclosed on the Internet as described below often does not constitute Personal Information (and to the extent that such is the case, then the obligations under the MFF Privacy Code do not extend to such information), MFF provides the details below about Internet aspects of MFF Companies Services for the purposes of disclosure about MFF Companies Services.

Internet Protocol Address (IP Address)[Soft Break]When the user’s web browser requests a web page from another computer on the Internet, it automatically gives that computer the address where it should send the information. This address is called the computer’s “IP address.” For most users accessing the Internet from a dial-up Internet service provider (ISP), the IP address will be different every time the user logs on.

MFF Companies may use the user’s IP Address to:

facilitate the diagnosis and remedy of a technical problem reported by the user’s or MFF Company’s technical team. estimate user traffic from specific countries or organizations. Many IP addresses are commonly associated with Internet service providers, universities, or major corporations in specific regions or localities.
Cookies[Soft Break]A cookie is a small text file, which often includes an anonymous unique identifier, that is sent to the user’s web browser from a website’s computers and is stored on the user’s computer’s hard drive. Cookies cannot be used to run programs or deliver viruses to a user’s computer. The user should understand that the MFF website requires the use of cookies to function.
Links To Other Sites And Advertisements[Soft Break]A MFF Companies Service may contain links to other websites and services. While MFF Companies try to link only to sites and services that share MFF Companies’ high standards and respect for privacy, a user should understand that MFF Companies are not responsible for the content of, or the privacy practices employed by, other companies or websites. This MFF Privacy Code applies only to the MFF Companies Services related to this MFF Privacy Code.

The MFF Privacy Code in Detail

Definitions

MFF Companies – all companies providing communications services under MFF including its subsidiaries, and any successor company or companies thereof, as a result of corporate reorganization or restructuring.

Collection – the act of gathering, acquiring, recording or obtaining Personal Information from any source, including third parties, by any means.

Consent – voluntary agreement with the collection, use and disclosure of Personal Information for defined purposes. Consent can be either express or implied and can be provided directly by the Person or by an authorized representative. Express consent can be given orally, electronically or in writing but is always unequivocal and does not require any inference on the part of MFF. Implied consent is consent that can reasonably be inferred from a Person’s action or inaction.

Disclosure – making Personal Information available to a Third Party.

Employee – an employee or independent contractor (including freelancers)1 of MFF.

1 The inclusion of independent contractors, including freelancers, within the definition of “Employee” is for convenience of reference only, and does in no manner imply that such individuals are employees of the company within the meaning of employment legislation or are in an employee-employer relationship with the company.

Individual – an individual other than an Employee who (a) corresponds with MFF, including complaints and including applications for employment; (b) enters an contest sponsored by MFF; or (c) uses, or applies to use, the products or services of MFF.

Person – an Employee or an Individual.

Personal Information – information about an identifiable Person, but not: a) information that is publicly available, such as a Person’s name, address, telephone number and electronic address, when listed in a directory or made available through directory assistance; b) business-contact information, such as the name, title or business address or telephone number of an employee of an organization; c) information collected, used or disclosed in the course of journalistic, literary or artistic activities; or d) aggregate information that cannot be associated with a specific person, such as demographic statistics about MFF customers, or number of visitors and average time spent on a website.

Third Party – a person other than the Person or his agent, or an organization other than a MFF Company.

Use – the treatment, handling, and management of Personal Information by the MFF Companies.

Disclaimer

The information on this site is for information purposes only. MFF Web Solutions Inc. (the “MFF”), its affiliates and content licensors assume no liability for any inaccurate, delayed or incomplete information, nor for any actions taken in reliance thereon. The information contained about each individual and firm has been supplied by such individual or firm without verification by us. Certain links on this MFF site may take you to other websites. MFF provides these links only as a convenience and not as an endorsement by MFF. These linked sites are not under the control of MFF. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. MFF is not responsible for the content of any such linked sites or any other web page that is not part of this MFF site. Unless otherwise expressly provided, MFF makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that MFF will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from this MFF site.