Terms and Conditions

Agreement

Prior to using this Web site, which includes all contents, including without limitation all information, materials, concepts, text, illustrations, designs, layout, look, appearance, graphics, images, and video and audio clips (the “Site”), please review carefully the Terms and Conditions of Use herein together with our privacy policy (herein, collectively, “Terms and Conditions of Use”). These Terms and Conditions of Use apply to and govern your use and viewing of the Site and form a binding contract respecting your access of the Site and its contents. By using the Site, you agree with the Terms and Conditions of Use and acknowledge that you have read and understood the Terms and Conditions of Use. We may, in our sole discretion, modify, alter, or amend the Terms and Conditions of Use at any time and thereafter your access of the Site will be subject to such amended Terms and Conditions of Use. We reserve the right to deny access to this Site to anyone at any time. We expressly reserve the right to monitor any and all use of the Site. 

This Site is the property of Fundcharts Inc. (SIACharts.com) (“SIACharts”) of Suite 1700, 633-6 ave SW, Calgary, Alberta, Canada, T2P 2Y5, and that is whom you are contracting with. 

Purpose and Access

This site is submitted to you on a strictly confidential basis for your use solely as an informational website and as an investments analysis and/or evaluation tool (The “Purpose”).  Any use of this site or any information you obtain from it may not be used for the purposes of creating or otherwise operating, managing, sub-advising, advising or otherwise in any capacity whatsoever, any managed funds, mutual funds, SMA products, UMA products, ETFs or products of any kind or nature whatsoever, on a pooled or unpooled basis or on any other basis whatsoever. Because of the nature of this site, its use for any other reason or unauthorized distribution of any of the information contained in this site may involve serious legal consequences. This site and its content and concepts may not be reproduced in whole or in part without our prior explicit written permission

No investment opportunity or advice

SIACharts specifically represents that it does not give any investment advice or advocate the purchase or sale of any security or investment. Neither the Site nor none of the information contained in the Site are intended to constitute any investment advice and should not be construed as an offer to sell or a solicitation of an offer to buy any security or other investment or an offer to provide investment services of any kind. Neither SIACharts nor any of its third party content providers shall be liable for any errors, inaccuracies or delays in content, or for any actions taken or omissions to act in reliance thereon. SIACharts gives no representation, warranty or guarantee as to the accuracy or completeness of any of the information contained in the Site or as to the legal, tax or accountancy consequences of acting upon such information. 

Use of Site

Upon receiving your order we will email you with a confirmation of your subscription and activate your User ID and Password. Should you not receive an email within one hour of your subscription please email customer service from our Contact Us page. Once you have received a User ID and Password to access the Site all such access codes and this Site and its contents are our proprietary and confidential information and are not to be copied, reproduced, used or divulged to any person in whole or in part without our prior explicit written authorization. The trademarks, service marks and logos used and displayed on the Site are our registered or unregistered marks. No license or right to use any mark is granted without prior explicit written authorization from us. Certain of the images are not owned by us and are projected for illustrative purposes only. Details of such images are available upon request. As an authorized user of this Site, you are granted a limited license to access any of the material found on the Site; provided, however, that such limited license allows you only to review the materials through the Internet solely for the Purpose and you shall not download (including not automated downloading), cache, copy by any means (including electronic copies), reproduce or otherwise collect or retain this Site or any portion thereof or create derivative works based thereon in any manner for any reason UNLESS you have our prior explicit written authorization. HOWEVER, you may print extracts or charts solely for your own personal and non-commercial use only. Because this Site and its contents are considered proprietary and confidential, any unauthorized use may violate copyright, trademark, contract and other laws. Users may not copy or adopt the HTML code used to generate the Site. You shall not use the Site nor its contents for any commercial purposes, nor disclose the same to any third party, without our prior explicit written authorization; except when, after and to the extent such confidential information: 

       i. was already known to you prior to your access to same hereunder, as evidenced by your written records prepared prior to such access; 

       ii. was in or hereafter comes within the public domain, other than by your failure to fulfill your obligations hereunder; 

       iii. is made available to you by a third party who does not have any direct  or indirect obligation of secrecy to us therefore;

       iv. is independently developed by you without exposure to our Site and its confidential information; or 

       v. is required to be disclosed by law, provided you give us timely notice of any action to have the confidential information disclosed and we have a reasonable opportunity           to object. 

If the confidential information constitutes a trade secret, the obligation of confidentiality shall continue for so long as the information constitutes a trade secret, but no less than for a period of five (5) years from and after the date you last access the Site. You agree not to disclose any confidential information accessed by you to any other person. No relationship is intended or created between you and us by your use of the Site, other than your agreement as to the Terms and Conditions of Use; and except as may be set forth in any other written agreements which we may enter into with you. You acknowledge that it would be improper and/or illegal for you to use the Site or any of the contents of the Site or, if applicable, comment on any of the contents of the Site if your sole purpose was to impact on any market, investment, security or prices, and you agree not to conduct any such act. If you have a complaint or concern with the service provided by SIACharts we want to hear from you. Please email customer service from our Contact Us page and we will strive to respond to your concern within 24 hours. Please refer to our refund policy at the Charges and Payments section if you wish to cancel your service. 

Disclosure of Emails and Information

You specifically agree and acknowledge that by subscribing to FundCharts Inc. products and services or by selecting “agree” below that providing your email and contact information to FundCharts Inc. that the information you provide, including your email and contact information, may be shared with companies associated, affiliated to or related to FundCharts Inc. for the express purposes of providing and communicating information to you on selected financial products and services utilizing and related to the FundCharts Inc., including, without limitation, information from SIA Wealth Management Inc. You also acknowledge, agree and accept to receive communications from those affiliated companies in relation to products that the Companies, in their sole and absolute discretion, determine may be of interest and value to you. 

You will have the opportunity to unsubscribe to such emails by either contacting FundCharts Inc. directly or by clicking an automated unsubscribe link and your failure or refusal to do so shall be at your sole and absolute liability. You further acknowledge by accepting these terms that you specifically waive any rights, remedies, claims, or otherwise relating to any legislation, regulation or administrative order including, without limitation, any actions under Canadian Anti-Spam Legislation (“CASL”) including the “An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act”. 

Charges and payments

You will pay our charges as agreed with you from time to time. Where your Account was introduced to us by an introducing third party a portion of the charges paid by you may be given to the introducing third party. All charges and payments are in Canadian Dollars. If we receive or recover any amount in respect of an obligation of yours in a Currency other than Canadian Dollars, whether pursuant to a judgment of any court or otherwise, you shall indemnify us and hold us harmless from and against any cost (including costs of conversion) and loss suffered by us as a result of receiving such amount in a Currency other than Canadian Dollars. SIACharts may charge for incidental banking-related fees such as wire charges for deposits / withdrawals and returned check fees. SIACharts reserves the right to change its fee structure and/or parameters at any time without notice. Fees do not currently, but may in the future include such things as statement charges, order cancellation charges, account transfer charges, telephone order charges or fees imposed by any interbank agency, bank, contract, market or other regulatory or self-regulatory organization. SIACharts strive to please and satisfy our clients. However, if for any reason you are not satisfied with our services we have a refund policy: if you are not 100% satisfied, please email customer service from our Contact Us page with your account information and we will gladly refund your subscription fees if cancelled within 3 days of activation. Thereafter, refunds are made on a case-by-case basis, subject always to a minimum $25 cancellation fee if SIACharts agrees to terminate the account. 

MATERIAL INTERESTS, INFORMATION BARRIERS AND POSSIBLE CONFLICT OF INTEREST

Your attention is drawn to the fact that when we deal with you, we or an Affiliate or some other person connected with us may have another interest, relationship or arrangement that is material. Without limiting the nature of such interests, examples include where we or an Affiliate could be: (a) dealing or quoting prices to the markets, in the investment, a related investment or an asset underlying the investment, as principal for our (or its) own account or that of someone else. This could include selling to you or buying from you and also dealing with or using the services of an intermediate broker or other agent who may be an Affiliate; (b) advising and providing other services to Affiliates or other customers who may have interests in investments underlying assets which conflict with your own. You accept that we and our Affiliates may have interests which conflict with your interests and may owe duties which conflict with duties which would otherwise be owed to you, and consent to our acting in any manner which we consider appropriate in such cases subject to applicable law. We will comply with applicable law binding on us, but we shall be under no further duty to disclose any interest to you, including any benefit, profit, commission or other remuneration made or received by reason of any transaction or any related transaction or position. Where a material connection exists between us and a connected broker, you hereby agree that you do not require us to give you notice of that. We shall not be obliged to disclose to you or take into consideration any fact, matter or finding which might involve a breach of duty or confidence to any other person, or which comes to the notice of any of our directors, officers, employees or agents but does not come to the actual notice of the individual or individuals dealing with you. The relationship between you and us is as described in this Terms and Conditions of Use. Neither that relationship, nor the services we provide nor any other matter, will give rise to any fiduciary or equitable duties on our part or on the part of any of our Affiliates. As a result, we or any of our Affiliates involved in doing business with or for you may act as both market marker and broker, principal and agent and we or any of our Affiliates may do business with other clients and other investors whether for our own or such Affiliate’s own account. You accept that we and our Affiliates may either (i) have interests which conflict with your interests, or (ii) owe duties which conflict with duties which would otherwise be owed to you, and in either case (i) or (ii) you consent to our acting in any manner which we consider appropriate in such cases subject to applicable law. 

Representations, Warranties and Covenants

You represent and warrant to us on and as of today’s date, as follows: (a) if you are an individual that you are of sound mind, legal age and legal competence; (b) you have all necessary authority, powers, consents, licences and authorisations and have taken all necessary action to enable you lawfully to enter into and perform this Terms and Conditions of Use agreement and powers referred to in this Terms and Conditions of Use agreement; (c) this Terms and Conditions of Use agreement and the obligations created under or in connection with it are binding upon you and enforceable against you in accordance with their terms (subject to applicable principles of equity) and do not and will not violate the terms of any regulation, order, charge or agreement by which you are bound or which you or any of your assets are subject; (d) no Event of Default or any event which may become (with the passage of time, the giving of notice, the making of any determination or any combination of the above) an Event of Default (a “Potential Event of Default”) has occurred with respect to you; (e) unless you have informed us otherwise in writing receipt of which was acknowledged in writing by us, you act as principal and sole beneficial owner (but not as trustee) in entering into and performing this Terms and Conditions of Use agreement and each use of the Site or its contents; (f) all details supplied on your Terms and Conditions of Use agreement as well as any other information which you provide or have provided to us in respect of your financial position or other matters is accurate, complete and not misleading. You covenant and agree with us, as follows: (a) you will at all times obtain and comply, and do all that is necessary to maintain in full force and effect, all necessary authority, powers, consents, licences and authorisations to (i) enable you to lawfully perform this Terms and Conditions of Use agreement and (ii) without limiting the generality, interests and powers referred to in this Terms and Conditions of Use agreement referred to in this clause; (b) you will promptly notify us of the occurrence of any Event of Default or Potential Event of Default with respect to you; (c) unless you have informed us otherwise in writing, you will at all times act as principal and sole beneficial owner (but not as trustee) in performing this Terms and Conditions of Use agreement and in using the Site and its contents; (d) you will promptly notify us if (i) you become aware of any detail supplied by you or any other information provided to us in respect of your financial position or other matters being inaccurate, incomplete or misleading when supplied or provided or (ii) any such detail or information subsequently becomes inaccurate, incomplete or misleading; (e) you will at all times use all reasonable steps to comply with all applicable law in relation to this Terms and Conditions of Use agreement and any use of the Site or its contents; and (f) upon demand, you will promptly provide us with such information as we may reasonably require or request in relation to any of the matters referenced in this section or, without limiting the generality of the foregoing, to ensure compliance with any applicable law. 

EVENTS OF DEFAULT

If at any time: (a) you fail to comply fully and by the required time with any obligation to make any payment when due under this Terms and Conditions of Use agreement; (b) we have reasonable grounds to believe that (i) you are in breach of any covenant or agreement set out in this Terms and Conditions of Use agreement or (ii) any representation or warranty made by you in this Terms and Conditions of Use agreement or otherwise with respect to or in connection with any use of the Site or its contents, is or was untrue, false or misleading when made, repeated or deemed to be made or repeated; (c) any action is taken or any event occurs, in each case which we believe might have an adverse effect upon your ability to perform any of your obligations under or in connection with this Terms and Conditions of Use agreement; (d) we believe that doing so is necessary or desirable to prevent or address what might be a violation of any applicable law or to ensure that good market practice is followed; (e) we believe that doing so is otherwise necessary or desirable for our own protection, whether from the perspective of financial exposure, reputational risk, or otherwise; (f) you die, become or are adjudged to be of unsound mind, are or become unable to pay your debts as they fall due, are or become bankrupt or insolvent within the meaning of any Insolvency Law, any indebtedness of yours is not paid on the due date therefore or is or becomes subject to being declared due and payable under any agreement or instrument evidencing or governing such indebtedness before it would otherwise have been due and payable, any suit, action or proceeding is commenced for any execution, any attachment or garnishment, or distress against, or an encumbrancer takes possession of, all or any part of your property, undertaking or assets (tangible and intangible); (g) you are dissolved, or, if your capacity or existence is dependent upon a record in a formal register, such registration is removed or ends, any proceeding is commenced seeking or proposing your dissolution, removal from such a register or the ending of such a registration, or you take any corporate or other action in preparation or furtherance of any of the foregoing; (h) you commence a voluntary case or other procedure (i) seeking or proposing liquidation, reorganisation, an arrangement or composition, a freeze or moratorium, or other similar relief with respect to you or your debts under any Insolvency Law or (ii) seeking the appointment of an Insolvency Officer with respect to you or any substantial part of your assets or you take any corporate or other action in preparation or furtherance of any of the foregoing; (i) an involuntary case or other procedure is commenced against you (i) seeking or proposing liquidation, reorganisation, an arrangement or composition, a freeze or moratorium, or other similar relief with respect to you or your debts under any Insolvency Law or (ii) seeking the appointment of an Insolvency Officer with respect to you or any substantial part of your assets; (j) you disaffirm, disclaim or repudiate or any Insolvency Officer acting on your behalf disaffirms, disclaims or repudiates any obligation under or in connection with this Terms and Conditions of Use agreement; (k) any charge, security interest or lien created, purported to be created or otherwise contemplated by this Terms and Conditions of Use agreement fails or ceases to be effective as such charge, security interest or lien to secure the performance of the Terms and Conditions of Use agreement and otherwise for our benefit; (l) any actual or potential default, event of default, termination or similar event (however described) occurs in relation to you under any other agreement or instrument between us or issued or delivered to us; then, in each such case, we may (but we will not be obliged to) exercise any or all of our rights and remedies set out herein. Upon occurrence of an Event of Default we may by notice specify a date for the termination of the Terms and Conditions of Use agreement, except that the occurrence of an Event of Default of a type specified in options (f), (h), (i) or (j) above will result in the automatic termination of the Terms and Conditions of Use agreement. If the Terms and Conditions of Use agreement is terminated pursuant to the preceding sentences, we will be entitled, without prior notice to you and without limitation of any other rights or remedies we may have under this Terms and Conditions of Use agreement or otherwise, to take any or all of the following actions: (a) to close any or all of your accounts; (b) to enforce any charge, security interest or lien created or otherwise contemplated by this Terms and Conditions of Use agreement or to exercise our right of set-off provided in this Terms and Conditions of Use agreement or any other right of set off or similar right we may have, whether as a matter of contract, under common law, or otherwise; or (c) to make a claim under, enforce, or exercise any other right or remedy we might have. We will not lose any of our rights or remedies under or referenced in this section by reason of any failure or delay on our part in exercising them, and no such failure or delay will constitute a waiver of any such right or remedy. Under no circumstances will we be under any obligation to exercise any such right or remedy or, if we do exercise any such right or remedy, to do so at a time or in a manner that takes into account your interests or is otherwise beneficial to you. Any action taken or not taken by us at any time after the occurrence of any Event of Default (whether or not we have knowledge of such event) will be entirely without prejudice to our right to take or not take any similar action or to refuse to take any further action at any time thereafter, and does not in any circumstances constitute as a waiver of that right or any other rights or remedies of ours should any such Event of Default have occurred. You agree to give us notice of any event of a type specified in this section immediately upon becoming aware of its occurrence. Our rights and remedies under or referenced in this section will be in addition to any other rights or remedies we may have, whether as a matter of contract, under common law, or otherwise. 

TERMINATION

You may terminate this Terms and Conditions of Use agreement at any time by giving us at least 3 business days’ prior written notice. We may terminate this Terms and Conditions of Use agreement at any time by giving you at least 10 business days’ prior written notice, except that we may terminate this Terms and Conditions of Use agreement immediately if you fail to observe or perform any provision of this Terms and Conditions of Use agreement, or upon the occurrence of any Event of Default. Termination will be without prejudice to accrued rights and remedies. Upon termination of this Terms and Conditions of Use agreement, any and all amounts payable by you to us will become immediately due and payable, including: all outstanding commissions, fees and other charges; any losses incurred by us as a result of or in connection with such termination; and any losses and expenses realised in closing your account. Any and all provisions that by their terms or nature are intended to apply after termination of this Terms and Conditions of Use agreement will survive such termination. 

THIRD PARTY CONTENT

Other websites sponsored by other persons are linked to the Site for your convenience only. If you access a website through the Site, such website is independent from the Site and us. We have neither control nor responsibility over the content of any website linked to the Site or the materials that might reside at or be provided by such sites, and we do not endorse or accept any responsibility for the content, use, or products or services available through any such website. Any use of another site or its products and/or services by a user of the Site is at such user’s own risk. 

DISCLAIMER AND LIABILITY LIMITATION

While we endeavor to keep the information and materials on the site up to date and correct, the information and material on the site or provided via the site is provided “As-is” and without representations and/or warranties of any kind, either expressed or implied. In no event will we, as well as our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors, be liable to any person or entity for any direct, indirect, special or other consequential damages for any use of the site, or any other website linked to the site, including, without limitation, any lost revenues, income, profits or anticipated savings, business interruption, loss of programs or other data, loss of contracts or business relationships, or otherwise, even if we have been expressly advised of the possibility of such damages.

There can be no assurance that our server or the Site are free of viruses or other mechanisms harmful to the computer systems of users. We and our affiliates are not responsible or liable to any person or entity for a loss, damage, injury or other liability arising from the information and materials contained in the Site or relating to the use of the Site. 

Without limiting the generality of the foregoing, we do not warrant that the Site will be constantly available, or available at all; or that the information on the Site is complete, true, accurate or non-misleading. Nothing on the Site constitutes, or is meant to constitute, advice of any kind, and if you require any advice you should consult an appropriate professional. 

Nothing in this Disclaimer and Liability Limitation section or in these Terms and Conditions of Use will limit or exclude any warranty implied by applicable law that it would be illegal or unlawful or otherwise not permitted under applicable law to exclude or limit. 

By using the Site you agree that this Disclaimer and Liability Limitation section and the limitations of liability set out herein are reasonable. If you have any concerns regarding any limitation of liability please email customer service from our Contact Us page. 

 

LEGAL JURISDICTION

This agreement regarding Terms and Conditions of Use is governed by, and shall be construed and enforced in accordance with the laws of the Province of Alberta, Canada and the federal laws of Canada applicable therein. Any actions to enforce this agreement, or in connection with any matters related to this agreement or the Site, shall be brought in the federal or provincial courts located in the City of Calgary, Alberta and the users of the Site expressly consent to the jurisdiction of such courts. We make no representation that materials in the Site are properly available for use in locations other than the Province of Alberta. Users who have accessed the Site from jurisdictions other than the Province of Alberta shall be deemed responsible for compliance with the laws of such jurisdiction. 

 

Last Updated: August 20 2021