Terms of Use

This website, capiche.fund (the “Site” or the “Service”), is operated by Capiche Crowdfunding Inc. doing business as Capiche CF (“Capiche CF”).The following terms and conditions (“Terms of Use”) govern the relationship between the user of the Site (“you”) and Capiche CF in your use of the Service. If you are using the Site behalf of an organization, you hereby represent to Capiche CF that you have the authority to bind that organization to the Terms of Use (in which case, “you” will refer to that organization). By using the Site, you hereby agree to comply with and be legally bound by the terms and conditions as set out in the Terms of Use. If the Terms of Use are not acceptable to you, please do not use the Site. Capiche CF may update the Terms of Use from time to time and you are responsible for periodically reviewing the most current version on the Site. Your continued use of the Site will be deemed your conclusive acceptance of the updated Terms of Use.

Authorized Use

Subject to the terms and conditions of the Terms of Use, Capiche CF grants you a non-exclusive, limited, non-transferable, freely revocable license to use the Service. Capiche CF reserves all rights not expressly granted in the Service and Site Information (as defined below) and may terminate this license and your access to the Service at any time for any or no reason. In the future, certain pages of the Site will be available to you only if you have been authorized to access those web pages. Such authorization will require registration and satisfactory screening and/or verification. Only authorized users of the Service will be permitted to access such web pages.

Intellectual Property

Information on this Site, including but not limited to text, graphics, images, downloadable content, and links to other Internet resources (collectively, “Site Information”), is protected under the copyright laws of Canada and other countries. Certain items of the Site Information may be the copyright of others. Unless otherwise specified, you must not copy, redistribute or republish, in any form, any Site Information. Certain names, words, titles, phrases, logos, icons, graphics, or designs on the pages of this Site are trade names or trademarks owned by Capiche CF or trade names or trademarks licensed to it by third parties. The display of trademarks within this Site does not grant you a license of any kind. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (collectively, “Submissions”), provided by you to Capiche CF are non-confidential and shall become the sole property of Capiche CF which owns exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

No Advice

You acknowledge and agree that Capiche CF: (i) is not registered under securities legislation in any jurisdiction of Canada, and (ii) will not, and is not authorized to, provide advice about (A) the suitability of any security for investment, or (B) the merits of any investment. The Site is not intended to provide legal, financial, investment or any or other form of advice to you or any other person.

The Site is Available "As-Is"

Your use of the Site, including any Site Information, is at your own risk. You understand and agree that the Site and Site Information are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, Capiche CF and directors, officers, employees, agents, partners, licensors and affiliates, and their respective directors, officers and employees disclaim any warranties, guarantees or conditions, express or implied, including but not limited to, warranties of merchantable quality, satisfactory quality, merchantability or fitness for a particular purpose, availability, uninterrupted or error-free operation, non-infringement, accuracy, completeness, currency, security, reliability, timeliness, legality, suitability, privacy or those arising by law, statute, usage of trade, or course of dealing.

Capiche CF, its directors, officers, employees, agents, partners, licensors and affiliates, and their respective directors, officers and employees, assume no responsibility for errors or omissions. Capiche CF is not responsible for any Site Information that you may find undesirable or objectionable.

Capiche CF disclaims any liability for unauthorized use or reproduction of any portion of the site. Accessing the site from territories where such access may be illegal is prohibited. Capiche CF will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your use of the Site. You also agree that Capiche CF has no responsibility or liability for the deletion of, or the failure to store or to transmit, any drill data and other communications maintained by the Service. No advice or information, whether oral or written, obtained from Capiche CF or through the Site, will create any warranty not expressly made herein.

Limitation of Liability

To the maximum extent permitted by applicable law, Capiche CF, its directors, officers, employees, agents, partners, licensors and affiliates (including Capiche Capital Technologies Corporation), and their respective directors, officers and employees, will not be liable for any direct, indirect, incidental, special, consequential or punitive damages of any kind, including without limitation, personal injury or death, loss of profits, data, use, good-will, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the Site; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Capiche CF has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. You agree that the aggregate liability for all claims relating to the Site shall not exceed $20, and that any claims arising in connection with your use of the Site must be brought within one (1) year of the date of the event giving rise to such action occurring.

Indemnity

You agree at all times to indemnify, defend and hold harmless Capiche CF, its directors, officers, employees, agents, partners, licensors and affiliates, and their respective directors, officers and employees, against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Capiche CF directly or indirectly in respect of your use of the Service.

Contact

If you have provided your email address to Capiche CF, you hereby agree and grant Capiche CF an express and implied consent to contact you via e-mail in regards to the Service. You may opt out from this section by sending a request to info@capiche.io or by following the unsubscribe procedure provided in our emails.

Miscellaneous Legal Terms

By accessing the Site, you agree that all matters relating to your use of the Service and the Terms of Use shall be governed by the statutes and laws of the Province of British Columbia, and the federal laws of Canada applicable therein without regard to conflict of laws. You further agree and hereby irrevocably submit to the exclusive personal jurisdiction and venue of the courts of the Province of British Columbia with respect to any disputes. Notwithstanding the foregoing, you are responsible for complying with your own local laws.

The failure of Capiche CF to enforce any right or provision of the Terms of Use will not be deemed a waiver of such right or provision. No waiver of any provision of the Terms of Use shall be binding on Capiche CF unless executed by Capiche CF in writing. No waiver of any of the provisions of the Terms of Use shall be deemed or shall constitute a waiver of any other provision, nor shall such waiver constitute a continuing waiver unless otherwise expressly provided. In the event that any provision of the Terms of Use is held to be invalid or unenforceable, that provision shall be severed from the balance of the Terms of Use and the remaining provisions of the Terms of Use will remain in full force and effect. The Terms of Use are the entire and exclusive agreement between Capiche CF and you regarding the Service (excluding any services for which you have a separate agreement with Capiche CF that is explicitly in addition or in place of the Terms of Use), and the Terms of Use supersede and replace any prior agreements between Capiche CF and you regarding the Site.

Last updated 2022-07-13