Legal

All information and services on this site are provided on an “as is” basis without warranty of any kind, either expressed or implied, including, without limitation, implied warranties or conditions of fitness for a particular purpose or use, or non-infringement. All information and services are subject to change at any time without notice. While FinDev Canada makes commercially reasonable efforts to ensure that the information and services contained on this site are accurate at the time they are placed on the site, FinDev Canada cannot guarantee the accuracy, completeness, timeliness, or reliability of any such information or services, and FinDev Canada is not responsible for any inaccuracies, errors or omissions in the information or services. All information on this site is for information purposes only and is not intended to provide any specific advice and is not to be solely relied upon. Any actions or decisions should be based on independent research and professional advice.

Hypertext links to other websites are provided for convenience only and do not constitute an endorsement by FinDev Canada of such websites or the material, content or services provided therein. Such websites are independent from, and not within the control of, FinDev Canada. Before using such websites, you should review their terms of use and privacy policies.

Links to downloadable software sites are for convenience only, and FinDev Canada is not liable for any difficulties or consequences associated with downloading the software. Use of any software is governed by the terms of the licence agreement, if any, that accompanies or is provided with the software.

FinDev Canada may, at our sole discretion, add, delete or change some or all of our services at any time without notice.

The Internet is not a secure medium and privacy cannot be ensured. Internet email is vulnerable to interception and loss. FinDev Canada will not be responsible for any damages you may suffer in connection with an email you send to FinDev Canada or an email FinDev Canada sends to you at your request. Should you decide to transmit information using Internet email, you do so at your own risk. For information on how FinDev Canada collects or uses information, please refer to FinDev Canada’s Privacy Policy.

At FinDev Canada’s sole discretion, FinDev Canada may terminate the use or refuse to permit the use of any services and this site by any person or entity, for any reason and without notice.

In using this site and its services and products, you will not:

1. interfere with or disrupt this site or computer networks connected thereto;
2. impersonate any other person or entity, or make any misrepresentation as to your employment, title or authority;
3. forge headers or in any manner manipulate identifiers in order to disguise your origin;
4. upload, post, transmit, publish, or distribute any material or information for which you do not have all necessary rights and licences;
5. upload, post, transmit, publish, or distribute any material or information which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of this site;
6. use this site in such a manner as to gain unauthorized entry or access to the computer systems or networks of others or attempt to gain unauthorized entry or access to any password protected or restricted areas of this site, or FinDev Canada’s computer or network systems;
7. reproduce, copy, modify, sell, distribute or otherwise exploit for any commercial purposes any material, information, product or service offered within this site;
8. violate any law or regulation or any generally accepted Internet practice, or interfere with any other user’s ability to use this site and any of the services or products provided on this site; or
1. forge, alter or modify in any way any of the agreements, policies, information, reports or any other material posted or accessible within this site.

FinDev Canada’s Activities on Social Media Platforms

FinDev Canada uses social media, which use is an extension of its web presence. FinDev Canada has official profiles (“FinDev Canada Profiles”) on several social media networks (“Social Media Sites”), which we may use as another means through which to interact with you. If you decide to interact with FinDev Canada through one of these FinDev Canada Profiles, your engagement with FinDev Canada is governed in part by the terms of use, privacy policies, and other applicable policies and guidelines of these third-party social media platform providers. FinDev Canada has no control over the social media platform providers’ terms of use and related documents. FinDev Canada encourages you to read the terms of use and related documents before accessing the Social Media Sites. Note that these FinDev Canada Profiles are not hosted on FinDev Canada’s servers, but on servers managed by the social media platform providers. FinDev Canada accepts no responsibility for the Social Media Sites becoming unavailable or dysfunctional.

Communicating with FinDev Canada

FinDev Canada seeks to create open, respectful communication within our FinDev Canada Profiles. You must ensure that your comments and contributions are respectful. You may not post spam or ads on our FinDev Canada Profiles. FinDev Canada reserves the right to: (1) remove comments and contributions; (2) report users; and (3) block users. In addition to reporting any comment or contribution that you consider inappropriate to the Social Media Site, you can report inappropriate comments or contributions to info@findevcanada.ca. While we work to moderate anything that is offensive, unsuitable or derogatory, we are not legally responsible for content posted by third parties.

Our Content and Third-Party Content

Information posted by FinDev Canada is subject to the Copyright Act. We encourage you to share and comment on content that we post to our official social media profiles if you do not alter it and you cite us as the source. From time to time we may share articles, reports or other content from third parties we find relevant to the work we do. This does not mean we are agreeing or supporting a point of view or endorsing a product or service. While we make our due diligence to verify the sources of the information we share, we cannot guarantee the accuracy of third-party content.

Your Content

You may submit content, including text, images, photographs and video to the FinDev Canada for online sharing (collectively, “User-Generated Content” or “UGC”), provided that you grant FinDev Canada a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and fully-paid, transferable right (including the right to sublicense) to exercise all copyright, publicity, and moral rights with respect to any UGC you submit to FinDev Canada in any media formats and through any media channels. FinDev Canada expressly disclaims any liability or responsibility for the UGC posted to its FinDev Canada Profiles, and such content does not necessarily represent the opinions or positions of FinDev Canada. FinDev Canada retains the right to decline to post any User Generated Content or remove any previously posted content on FinDev Canada’s social networks in our sole discretion.

Your Information

We think it is essential to keep your personal and financial information secure. While we want to provide you with help on our social media profiles, we ask that you do not post personal information unless we specifically request you to do so in a private message, and even then, we’ll only ask you for contact details and NEVER for any financial information. If you want to check the eligibility of your business, please fill out this contact form to ensure your request is received by the right department. If you need to reach us for general inquiries, please send an email to info@findevcanada.ca.

Privacy

For information about how we handle your personal information, please review our Privacy Notice.

Certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of this site may constitute trade names, registered or unregistered trademarks or service marks (“Trademarks”) of FinDev Canada and of other persons or entities. However, the display of Trademarks on pages on this site does not imply that any licence has been granted to any third party. All rights are reserved.

The contents of the site (including but not limited to the materials accessible through the site) are protected by copyright, and are confidential and proprietary to FinDev Canada. You are entitled to copy, download and print any content for your own personal use but you may not otherwise copy, modify, rent, lease, loan, sell, redistribute, republish, or reproduce, in whole or in part, any such content in any manner including electronic reproduction by uploading or downloading, or create any derivative works based on such content, without FinDev Canada’s prior written consent.

Any unauthorized downloading, retransmission, or other copying or modification of Trademarks or other contents of this site may be a violation of statutory or common law and subject you to legal action.

Neither FinDev Canada, its agents, shareholder, employees, directors, officers and affiliated companies, nor any person associated with the creation of this site or its contents shall be liable for any direct, indirect, special, incidental, punitive, third-party, or consequential damages, or any other damages, losses or expenses however caused, sustained by you or any other person as a result of the use of this site and/or any web browser, including any liability for:

1. interruptions and communication line failures including communication malfunctions that affect the accuracy or timeliness of messages or instructions between you and FinDev Canada and/or which prevent messages or instructions from being transmitted in whole or in part or agreements from being formed between you and FinDev Canada;
2. your inability to access, at any time, any part of this site or any services provided on it;
3. the malfunctioning or unavailability of this site, in whole or in part;
4. any harm or loss to your personal computer records or data howsoever caused, including caused by viruses, “worms”, “Trojan horses” or other similar intrusive, disruptive or destructive programs or files of that nature;
5. interception or disclosure of confidential or sensitive information transmitted over the Internet;
6. inaccuracies, delays in operation or transmission, failures, errors or omissions, or loss of transmitted information; and
7. lack of suitability, reliability, timeliness or availability of this site or any material or services offered on this site.

While FinDev Canada makes reasonable efforts to ensure that all information and services provided on this site do not contain computer viruses, you are solely responsible to adequately protect and backup your data and/or equipment and to take reasonable and appropriate precautions to scan for computer viruses or other destructive properties.

You agree to indemnify and hold FinDev Canada and its shareholder, subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable lawyer’s fees, made by any third party due to or arising out of: (i) your use of this site and the information, services and products provided on this site, (ii) your violation of these Terms of Use or any other terms and conditions under any other agreement applicable to any information, service or product provided on this site, or (iii) your violation of any rights of another.

FinDev Canada is bound by the Official Languages Act and relevant Treasury Board policies and all FinDev Canada information is available in both French and English. However, any information on this site that is provided by independent parties is available only in the language in which it was provided.

These Terms of Use and any issue or dispute relating to this site will be governed by and construed in accordance with the laws of the Province of Quebec and the applicable laws of Canada. By using this site you are hereby consenting and submitting to the exclusive jurisdiction of the courts of the Province of Quebec in any action or dispute related to these Terms of Use or any issue in respect of this site.

1. Applicable Agreements

All products and services are subject to the terms of any applicable agreements. These agreements will be presented to you at the time that you decide to access or purchase a product or service. Read these agreements carefully prior to purchasing any such product or service.

2. User ID/Password

The Representative is responsible for all use of the Account and may designate additional Users for the Account on the condition that any such additional User be located in Canada. The Representative is not permitted to designate any additional Users not located in Canada and must contact FinDev Canada to request that any such additional Users be added.. Each User will create or receive a unique User ID and password. Upon accessing the website for the first time, each User will also be required to review and accept the terms of this Account Agreement.

You are responsible to ensure that User IDs and passwords are kept confidential and are not disclosed to anyone. You will be responsible for any:

1. transaction that is entered into; and
2. use or disclosure of information in the Account, as a result of the use of a User ID and password connected to your Account whether authorized or unauthorized.

If you believe there has been unauthorized use of your Account, immediately change all passwords and contact FinDev Canada Customer Care at 1-888-716-7201.

3. Representations

On your registration form, you have provided information on which FinDev Canada is relying as a basis for offering products and services within this website. You represent and warrant that:

1. the information about the Company and Representative is accurate and complete as of the time of registration;
2. your information will be continuously updated so as to be current, complete and accurate at all times; and
3. the Representative is an authorized signing officer capable of binding the Company to this Account Agreement and to any other agreement that is completed online with FinDev Canada.

4. Account

FinDev Canada may place in the Account all online documents, information, offers, application summaries, term sheets, agreements, policies, and email communications between you and FinDev Canada relating to the website or to products or services provided or administered by FinDev Canada (“Document(s)”). FinDev Canada may, at any time and in its sole and absolute discretion, add or delete any such content from the Account. If you reasonably suspect that any Document placed in the Account is incomplete, inaccurate, corrupted in transmission, or not intended for you, you shall promptly notify FinDev Canada and request clarification. You shall not rely on such Document, pending clarification by FinDev Canada. When so notified, FinDev Canada shall take such corrective actions as may reasonably be required in the circumstances. FinDev Canada may, on occasion, send you an email informing you that a Document, which you should read, has been placed in the Account. By providing FinDev Canada with your email address, you are authorizing FinDev Canada to send such emails. FinDev Canada will not send an email each time a Document has been placed in the Account. You are responsible to check the Account to ensure that you read all Documents placed in the Account.

All online agreements and policies to which you have signified your agreement online will be binding on you and of legal effect when such agreement or policy has been first placed in and is retrievable by you from the Account.

5. FinDev Canada Records

FinDev Canada will maintain a database of all Documents in their original form and a transaction log and record of when such Documents were accepted, created or sent, as the case may be. A copy of the transaction log and records maintained by FinDev Canada to record all Documents confirmed to be accessible by the Account shall be admissible in any legal, administrative or other proceedings between the parties and will be conclusive and binding on you in any dispute as the best evidence of the Documents in the absence of clear proof that FinDev Canada’s records are erroneous or incomplete.

6. Interruption of the Website

If the website ceases to be available by reason of some failure of equipment or services, each party will use its reasonable efforts to continue normal communications by alternate means, until the website becomes available.

7. Security

FinDev Canada and its suppliers have implemented and will maintain secure systems for transmitting transactional information and to protect the security and privacy of Documents stored on the website and the information you provide in your online applications and transactions. However, you acknowledge that the security of communications over the Internet cannot be guaranteed and FinDev Canada will not be responsible for any damages you may suffer relating to any unauthorized disclosure or interception of any communications occurring over the Internet, or unauthorized accessing of any Documents stored in the Account.

Where indicated for a particular product or service, payment may be made online by credit card or other secure payment methods. Transaction information (which may also include personal information) may be used by FinDev Canada and provided to third parties, including payment processors, in accordance with payment card or other payment association rules or regulations, in order to provide the products and services, to resolve payment disputes or as otherwise required by law. FinDev Canada and its suppliers will not use or disclose this information for any other purpose.

8. Terms of Use

The FinDev Canada’s website Terms of Use (“Terms of Use”), which apply to each individual who accesses and uses the Account, are incorporated by reference in and form part of this Account Agreement. By accepting the Account Agreement, you and each additional User are also agreeing that you have read and agree to the Terms of Use.

9. Changed Terms

FinDev Canada shall have the right at any time to change or modify the terms and conditions of this Account Agreement and the Terms of Use upon written notice to you. Notice of the changes and modifications may be given by email or by placing a notice Document in the Account. Your use of the website after FinDev Canada has given notice of such changes and modifications shall constitute your acceptance of them.

10. Termination

FinDev Canada may terminate this Account Agreement at any time by providing notice of such termination. Termination of this Account Agreement will not affect any products or services that were entered into prior to such termination, in respect of which this Account Agreement shall continue until all obligations under those policies or agreements have been performed.

If you have breached any of the terms of this Account Agreement, or FinDev Canada reasonably believes a breach has occurred, FinDev Canada may suspend or terminate your access to the website.

11. Limitation of Warranties

Access to and use of the Account is provided by FinDev Canada on an “as is” basis, without any warranties or conditions, whether express or implied. Without limiting the generality of the foregoing, FinDev Canada does not warrant that access to the Account will be uninterrupted or error free. In the event of an interruption in service, FinDev Canada will use reasonable efforts to resume service as quickly as possible. FinDev Canada is not responsible for any failure or interruption in Internet communications, regardless of cause.

12. Limitation of Liability

Neither FinDev Canada, its shareholder, agents, employees, directors, officers and affiliated companies, nor any person associated with the creation or operation of the website shall be liable for any direct, indirect, special, incidental, punitive, third party, consequential damages or any other damages, losses or expenses however caused, sustained by you or any other person as a result of the use of the website or your Account, including any liability for:

1. interruptions and communication line failures including communication malfunctions that affect the accuracy or timeliness of messages or instructions between you and FinDev Canada and/or which prevent messages or instructions from being transmitted in whole or in part or agreements from being formed between you and FinDev Canada or a third party;
2. your inability to access the website or any Document, at any time;
3. the malfunctioning or unavailability of the website, in whole or in part;
4. any harm or loss to your personal computer records or data, howsoever caused, including caused by viruses, “worms”, “Trojan horses” or other similar intrusive, disruptive or destructive programs or files of that nature;
5. interception or disclosure of confidential or sensitive information transmitted over the Internet;
6. inaccuracies, delays in operation or transmission, failures, errors or omissions, or loss of transmitted information; and
7. lack of suitability, reliability, timeliness, or availability of this site, or any material or services offered on this site.

While FinDev Canada makes reasonable efforts to ensure that information and services provided do not contain computer viruses, you are solely responsible to adequately protect and backup your data and/or equipment and to take reasonable and appropriate precautions to scan for computer viruses or other destructive properties.

13. Indemnity

The Company agrees to indemnify and hold FinDev Canada and its shareholder, officers, directors, agents, and employees harmless from any liability, claim, demand, or expenses, including reasonable lawyer’s fees, due to or arising out of:

1. your use of the website and the information, services and products provided through it;
2. your violation of this Account Agreement or any other terms and conditions under any other agreement applicable to any information, service or product provided on this site; or
3. your violation of any rights of another person.

14. Notices

Notices with respect to this Account Agreement shall be given by email, mail, or courier as follows:

FinDev Canada
c/o 150 Slater Street, Ottawa, ON K1A 1K3

Email : dfi@edc.ca

To the email or regular address reflected in your registration information or as duly updated by you on the website from time to time.

FinDev Canada may also effect notice by placing a notice Document in the Account.

Any notice will be deemed effective:

(a) if delivered by mail or courier, the earlier of actual receipt and seven days after posting; or (b) if delivered by email or by placing a notice Document in the Account, on the date of transmission or of posting, as applicable. FinDev Canada can rely and act upon telephone and electronically transmitted instructions from you or purporting to come from you.

15. Assignment

You may not assign, in whole or in part, any of your rights or obligations under this Account Agreement, without the written consent of FinDev Canada.

16. Severability

If one or more provisions of this Account Agreement are held to be invalid, such invalidity shall not affect the other provisions hereof, and to this extent, the provisions of this Account Agreement are intended to be, and shall be, severable.

17. Entire Agreement

This Account Agreement including the Terms of Use provisions constitutes the entire agreement between you and FinDev Canada regarding the use of this website. In respect of this Account Agreement, no other representations or warranties are made, except those contained within this Account Agreement.

18. Non-Waiver

No waiver by FinDev Canada of any provision of this Account Agreement shall be binding unless in writing by an authorized representative.

19. Language

You confirm that you have requested this Account Agreement to be drawn up in the English language only. Vous confirmez avoir demandé que cette Convention de compte soit rédigée en anglais seulement.

20. Governing Law

This Account Agreement will be governed by and construed in accordance with the laws of the Province of Quebec and the applicable laws of Canada. You hereby consent and submit to the exclusive jurisdiction of the courts of the Province of Quebec in any action or dispute relating to this Account Agreement, this website or your Account.

21. Force majeure

Neither of the parties shall be liable for any loss or damage suffered by the other caused by a failure to perform any duty imposed by this Account Agreement where such failure is caused by an event, omission or condition not reasonably within the party’s control.

22. Personal Information

FinDev Canada is subject to the Privacy Act and collects, uses and discloses personal information accordingly. You consent to FinDev Canada collecting and storing in a FinDev Canada database any personal information that you have provided in any online application or registration form or any transaction documents. Your personal information will not, without your consent, be used for any purpose other than what is outlined in this Account Agreement except as otherwise required by law. You have the right to access your personal information by contacting the FinDev Canada Access to Information and Privacy (ATIP) Office at atipteam@edc.ca or by mail c/o 150 Slater Street, Ottawa, ON K1A 1K3. You understand that as a registered website user, your usage of the site may be monitored and tracked by FinDev Canada. Please refer to the FinDev Canada Privacy Policy for more information.

23. Access to Information

You acknowledge and understand that all information collected by FinDev Canada is subject to the Access to Information Act; information is collected, protected and disclosed by FinDev Canada in accordance with that Act.

24. Agreement

By selecting the “I agree” and “Submit” buttons below, you are agreeing that:

1. you have read and understood this Account Agreement and the Terms of Use;
2. the Company you represent will be bound by the terms of this Account Agreement; and
3. your selection of the buttons constitutes a binding signature as if an original written signature was affixed.

After you’ve agreed, the binding Account Agreement will be stored and accessible from your Account.

We recommend that you print out a copy for your records.

BY ACCEPTING THIS ACCOUNT AGREEMENT, YOU AND FinDev Canada AGREE THAT THIS ACCOUNT AGREEMENT SETS OUT THE TERMS AND CONDITIONS FOR THE USE OF THIS WEBSITE.