Last Updated: January 1, 2018
The Factura Website is a site operated by Factura. We are a Canadian registered company and have our registered office at 700 King Street West #312, Toronto Ontario M5V 2Y6. To contact us, please email us at firstname.lastname@example.org
We reserve the right to change the Factura Services from time to time. We will try to give you reasonable notice of any major changes.
3. Access to the Factura Website
We do not guarantee that the Factura Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Factura Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
4. Access to the Factura Platform
5. Data You Upload To Us
7. User IDs for Factura Services
To access certain features of the Factura Services, you may be required to successfully sign up for a user account using the available interfaces at the Factura Services and be issued with a username and password login credentials (the “User ID”). If you are issued with a User ID, you will treat such information as confidential, keep your User ID secure and will not share your User ID with anyone else. We reserve the right to disable any User ID issued to you at any time in our sole discretion. If prevented from accessing the Factura Services.
8. Financial Institution Account Access
To access certain features of the Factura Services, you may be required to link the Factura Platform to one or more financial institution accounts. By so linking the Factura Platform to a financial institution account, you authorise Factura to access, store and retrieve information from such accounts on your behalf and represent and warrant to us that (i) you have the authority to authorise Factura to access such financial institution accounts on your behalf; (ii) such access or retrieval is permitted by your agents with the applicable financial institution; and (iii) you will, at all times, be in compliance with all agreements between you and the applicable financial institution.
Factura may access, store and use data from such bank accounts for the purposes of providing you with the Factura Services and creating Aggregated Statistical Information.
9. No Unlawful or Prohibited Use
You will not, without our prior written permission, use the Factura Services for any purpose other than as set out in this Agreement. Without limiting the generality of the foregoing, you will not (and will not attempt to):
disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Factura Services (e.g., a denial of service attack);
attempt to gain unauthorized access to the Factura Services;
use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Factura Services or any part thereof or otherwise attempt to discover any source code;
use the Factura Services for the purpose of building a similar or competitive product or service;
link to the Factura Website in any way that is illegal or damages our reputation or takes advantage of it, or in any way as to suggest any form of association, approval or endorsement on our part where none exists, or in any website that is not owned by you; or
You represent and warrant to us that the User Data will only contain Personal Information in respect of which you have provided all notices and disclosures, obtained all applicable third party consents and permissions and otherwise have all authority, in each case as required by applicable laws, to enable us to: (i) make available the Factura Services; and (ii) create, use and disclose Aggregated Statistical Information for any purpose and without obligations of any kind.
11. Communications Not Confidential
We do not guarantee the confidentiality of any communications made by you through the Factura Services. We do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Factura Services.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOLLOWING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.
YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT:
GENERAL DISCLAIMER. THE Factura Services ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE Factura Services WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE Factura Services ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NOTWITHSTANDING THE ABOVE, IF YOU ARE USING THE Factura Services AS A CONSUMER, THIS DOES NOT AFFECT ANY STATUTORY WARRANTY TO WHICH YOU MAY BE ENTITLED UNDER APPLICABLE LAW, INCLUDING AN IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NO RELIANCE ON INFORMATION. THE CONTENT ON THE Factura Services ARE PROVIDED FOR GENERAL INFORMATION ONLY. THEY ARE NOT INTENDED TO AMOUNT TO ADVICE ON WHICH YOU SHOULD RELY AND IS NOT A REPLACEMENT FOR A QUALIFIED FINANCIAL PROFESSIONAL.
13. Limitation of Liability
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE LIMITATION OF LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOLLOWING LIMITATIONS MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.
You will defend, indemnify and hold harmless us and all of our officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with:
your violation of any law or the rights of a third party (including intellectual property rights); or
your use (or the use by any third party using your User ID) of the Factura Services.
15. Term and Termination; Survival
16. General Provisions