Westcourt Client Website/App Terms and Conditions of Use
By accessing the client website or the app (collectively, the “Website”) belonging to Westcourt Capital Corporation (“Westcourt”), you agree to be bound by these Terms and Conditions of Use, all applicable laws and regulations and agree that you will be responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Website or App.
Westcourt reserves the right, at its sole discretion, to modify these Terms and Conditions of Use for the Website at any time and without notice. Such modifications shall be effective immediately upon posting of the modified Terms and Conditions of Use. You agree to review the Terms and Conditions of Use periodically to be aware of such modifications. By using the Website, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
The Website and all information, analysis and opinions contained in this Website (the “Information”) are protected by copyright, trademark and other applicable intellectual property and proprietary rights laws, and are owned, controlled, and/or licensed by Westcourt and/or third party sources (“sources”). Nothing contained on the Website should be considered as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, logos, or other names, including, but not limited to, those identifying Westcourt, without the expressed written consent of Westcourt or such sources that may own such trademarks, logos and other names displayed on the Website.
2. Use License
Permission is granted to download one copy of the materials, including but not limited to any software applications for mobile devices, on the Website on any single computer for personal, non-commercial viewing only You agree that you do not acquire any ownership rights in any downloaded content. This is the grant of a license, not a transfer of title, and under this license you may not:
a. modify or copy the materials;
b. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
c. attempt to decompile or reverse engineer any software contained on the Website;
d. remove any copyright or other proprietary notations from the materials; or
e. transfer the materials to another person or “mirror” the materials on any other server.
You will use the Information and materials for lawful purposes only.
This license shall automatically terminate if you violate any of the Terms and Conditions of Use and may also be terminated by Westcourt at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
You understand that the Information has been provided to you at your request for as long as you remain a client of Westcourt. You understand that Westcourt does not represent that the Information is all-inclusive or that the Website contains all Information that may be desirable, necessary or required to properly evaluate your investments made through Westcourt. You agree if at any time you cease to be a client of Westcourt, you will return or destroy any printed materials or other Information you have received, and to cease all further access to the Website.
The Information on the Website and/or in the materials accessed through the Website are based on information and/or documents collected or received by Westcourt from sources and are provided “as is”. Where Westcourt has posted materials provided by these sources, such materials are provided “as is”. These sources have neither reviewed nor approved of this Website or the materials prepared or posted by Westcourt based on the information and/or documents they contributed and/or provided. While Westcourt has prepared the Information with care and diligence, and believes these sources to be reliable, it has not verified any of the information and/or documents that have been collected or received which may be referred to in the Information or ascertained the underlying assumptions relied upon by these sources. Accordingly, the completeness and accuracy of the Information contained herein cannot be guaranteed by Westcourt or its sources. In addition, documents provided on the Website or generated and downloaded are provided as a service only and do not constitute official versions of such documents.
The Information provided here may include forward-looking statements. These statements are not historical facts, but instead represent the relevant manager’s presenting beliefs regarding future events, many of which, by their nature, are inherently uncertain and outside of such manager’s control. Forward-looking statements include statements about the fund’s strategy and anticipated financial and operational performance, business prospects, projected returns, asset acquisition opportunities, and how that fund has been impacted by the global outbreak of a novel strain of coronavirus (COVID-19).
The COVID-19 outbreak was resulting and continues to result in widespread disruption to financial markets and normal patterns of business activity across the world and has led and continues to lead to significant market volatility and accommodative monetary policies by global central banks and companies around the world activating business continuity planning (BCP) strategies to safeguard the well-being of employees, the continued operation of critical functions and the support of clients. The extent of the impact of these measures on the COVID-19 outbreak and on each fund’s operational and financial performance, and on the markets and national economies more generally, will depend on future developments, including the efficacy of the measures taken, and the duration and continued spread of the outbreak. In addition, there may be other uncertainties may cause the fund’s future results to be materially different than those expressed in these forward-looking statements.
The Information provided here are current only as of the date prepared and/or posted and are not guarantees of future performance. Westcourt undertakes no obligation to update or revise any forward-looking statements, information, analysis or opinions, whether as a result of new information, future events or otherwise, unless so required by applicable securities laws.
The Information is for informational and discussion purposes only and does not constitute, nor should it be construed as, and does not form the basis of an offer, solicitation or legal agreement for the purchase or sale of securities or any interest in any fund, or to engage in any investment activity, nor does it constitute any form of investment or other advice. No such securities or interest will be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase or sale would be unlawful under the securities law of such jurisdiction. You understand that it is your obligation to familiarize yourself with the applicable securities laws of your jurisdiction.
The Information is confidential and intended solely for your information as you are a client of Westcourt. You are to keep the Information strictly confidential and not to copy, reproduce, republish, distribute, post or transmit any of the Information, in whole or in part or in any format, to any third parties without the express prior written approval of Westcourt.
Westcourt and its directors, officers, employees, consultants and agents make no express or implied representations or warranties of any kind and expressly disclaim all responsibility or liability for the completeness, accuracy and correctness of the Information, or for any losses arising from any use or misuse of, or reliance on, the Information.
Westcourt and its directors, officers, employees, consultants and agents do not make any representations or warranties that the Website or access to and use of the Website will be uninterrupted, error free, or free from defects, viruses or other harmful components. You expressly agree that use of the Website Is at your sole risk.
4. Limitation of Liability
Under no circumstances, including, but not limited to, negligence, gross negligence, negligent misrepresentation and fundamental breach shall Westcourt or it suppliers and related companies and each of their respective directors, officers, employees, consultants and agents be liable for any direct, indirect, incidental, special or consequential damages or any loss that result from the use of, or the inability to use the Information or materials on the Website, directly or indirectly, or the transmission of Information over the internet. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that neither Westcourt, its suppliers and related companies, nor each of their respective directors, officers, employees, consultants and agents shall be liable for any defamatory, offensive or illegal conduct of any user, including you.
5. Revisions and Errata
The Information appearing on the Website could include technical, typographical, or photographic errors. Westcourt does not warrant that any of the Information on the Website are accurate, complete, or current. Westcourt may make changes to the Information contained on the Website at any time without notice. Westcourt not, however, make any commitment to update the Information.
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Westcourt and its directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (i) your breach of any provision of the Terms and Conditions of Use; or (ii) your use of the Website and the Information. You agree to promptly notify Westcourt immediately after you become aware of any unauthorized use of your account and to take such reasonable steps as are necessary to prevent any reoccurrence of such event. Westcourt reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defense of any claim.
If you are dissatisfied with the Website or with the Terms and Conditions of Use, your sole and exclusive remedy is to discontinue using the Website and to receive your statements by password protected email and no other materials. The Terms and Conditions of Use shall survive any such termination.
8. Miscellaneous Terms
Any disputes arising hereunder shall be governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario, or any other judicial district or jurisdiction as Westcourt may determine in any and all actions, disputes, or controversies relating hereto.
The Terms and Conditions of Use and any rules, policies, guidelines or other agreements posted on the Website by Westcourt constitute the entire agreement between Westcourt and you with respect to your use of the Website.
No waiver by either Westcourt or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.
The parties have required that the Terms and Conditions of Use and all documents relating thereto be drawn up in English.
Last Updated: July 2020