Terms of use

General

These Terms of Use apply to your access to and use of this Website. Please read these Terms of Use carefully before using this Website.

By continuing to access and use this Website, you are deemed to have understood and agreed to all the terms and conditions contained herein. If you do not accept these Terms of Use, you may not use this Website.

In these Terms of Use, “this Website” includes all the web pages related to the flexitifinancial.ca, flexitifinancial.com and thezerohero.ca sites excluding any links to third party sites.

Disclaimer

All information or advice provided as part of this Website is intended to be general in nature and you should not rely on it in connection with the making of any decision.

Flexiti Financial attempts to ensure that all information provided as part of this Website is correct at the time of inclusion on the Website but does not guarantee the accuracy or completeness of such information.

All content, information and advice is provided on an “as is” basis and Flexiti Financial hereby expressly disclaims all liability for any action you may take as a result of relying on such content, information or advice or for any loss or damage suffered by you as a result of you taking this action.

Flexiti Financial does not warrant or make any representations as to the security of this Website nor does it warrant that functions or materials accessible from or contained in this Website will work uninterrupted or error free, or that defects will be corrected or that this Website is free from viruses or other harmful elements.

Flexiti Financial and its affiliates, subsidiaries, agents, or subcontractors will not be liable for any damages either direct, indirect, special, consequential, punitive or other damages (including but not limited to financial losses, loss of data, loss of profits, loss of business, and business interruption) arising out of the use of or inability to use this Website or the content, information or advice contained therein, including any damage to or any virus that may infect your computer equipment. These limitations of liability apply even if Flexiti Financial has been expressly advised of the potential loss.

Using this Website

You may access any part of the Website. However you may not copy, distribute, publish, broadcast, reproduce, alter or tamper with in any way, or otherwise use any material contained in the Website. These restrictions apply in relation to all or part of the materials on the Website;

You must also not link to this Website without Flexiti Financial’s express written consent.

You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not conduct any systematic or automated data collection activities on or in relation to this Website.

Indemnity

You hereby indemnify Flexiti Financial and undertake to keep Flexiti Financial indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Flexiti Financial to a third party in settlement of a claim or dispute on the advice of Flexiti Financial’s legal advisers) incurred or suffered by Flexiti Financial arising out of any breach by you of any provision of these Terms of Use, or arising out of any claim that you have breached any provision of these Terms of Use.

Breach of Terms of Use

Without prejudice to Flexiti Financial’s other rights under these Terms of Use, if you breach these Terms of Use, Flexiti Financial may take such action as Flexiti Financial deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Password and account security

Access to certain areas of this Website is restricted. Flexiti Financial reserves the right to restrict access to areas of this Website, or the entire Website, at Flexiti Financial’s discretion.

You acknowledge and agree that you are responsible for maintaining the confidentiality of any passwords associated with any account you use to access or use this Website and that you will be solely responsible to Flexiti Financial for all activities that occur under your account.

In the event you become aware of any unauthorized use of your password or your account, you shall notify Flexiti Financial immediately.

Flexiti Financial may disable without notice your user ID and password in Flexiti Financial’s sole discretion.

Third Party Links

This Website may include links to external or third-party websites. These links are provided for your convenience only. It is your responsibility to decide whether any services and/or products available through any of these websites are suitable for your purposes.

Such external or third-party websites are accessed at your own risk and responsibility and Flexiti Financial is not in any way responsible or liable for the owners or operators of these websites, as Flexiti Financial does not give or enter into any conditions, warranties or other terms or representations in relation to any such external or third-party website nor does it accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external or third-party website to which this Website includes a link infringes the intellectual property rights of any third party).

Copyright and Trade-marks

This Website contains materials, including text, photographs, videos, and other images and sound, which are protected by copyright, trade-marks, and other intellectual property rights.

All copyright and other intellectual property rights in these materials are either owned by Flexiti Financial or have been licensed to it by the owner(s) of those rights so that they may be used as part of this Website.

Except as otherwise noted, all trade-marks included on this Website belong to Flexiti Financial or have been licensed to it by the owner(s) of those trade-marks so that they may be used on this Website. You may not use these trade-marks in any form without written consent of the trade-mark owner.

Amendments to Terms of Use

Flexiti Financial may change these Terms of Use from time to time. These amendments shall be effective upon publication on this Website. By accessing and using this Website you are accepting that you are bound by the (then) current terms and conditions and disclaimer. Please revisit these Terms of Use frequently to ensure that you are aware of all terms governing your use of this Website.

Changes to/Operation of Website

Flexiti Financial may amend or update the format and content of this Website at any time.

Flexiti Financial may suspend the operation of this Website for support or maintenance work, in order to update the content or for any other reason.

Flexiti Financial reserves the right to terminate access to this Website at any time, without notice.

Data Protection

This Website uses cookies. By using this Website and agreeing to these Terms of Use, you consent to Flexiti Financial’s use of cookies in accordance with the terms of Flexiti Financial’s privacy policy.

Personal details provided to Flexiti Financial through this Website will only be used in accordance with our privacy policy. Please read this policy carefully. By providing your personal details to us you are consenting to their use in accordance with our privacy policy.

Unenforceable provisions

If any provision of these Terms of Use is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these Terms of Use.

Jurisdiction

These Terms of Use are governed by and to be interpreted in accordance with the laws of the Province of Ontario and in the event of any dispute arising in relation to these Terms of Use or any dispute arising in relation to the Website whether in contract or tort or otherwise the Ontario courts will have exclusive jurisdiction over such dispute, unless applicable law requires otherwise.