1.1These terms of service (the "Terms") set out the basis on which you ("You", "Your" or the "User") may access and use the Terence Financial website (the "Website"). The Website is operated by Terence Financial ("Terence Financial", "We", "Us" or "Our").
1.2Please read the Terms in full before you use the Website. They form a binding agreement between you and Us, and they may change over time. If there is anything in them you are not willing to accept, stop using the Website straight away. By continuing to use it, you accept the Terms as they apply at that time. Your use of any of Our Services is governed by the separate agreement entered into between you and Us for those Services.
1.3The Terms include, and should be read together with, Our Privacy Policy. By accepting the Terms you also confirm that you accept the Privacy Policy.
2.1You may use the Website only where each of the following is true:
2.1.1you are 18 years of age or older;
2.1.2you have the legal capacity and authority to accept the Terms and to comply with them; and
2.1.3nothing in the law of the country where you live, or from which you access the Website, prevents you from doing so.
3.1You agree to use the Website responsibly. In particular, you agree that you will not:
3.1.1use the Website to upload, download, publish, share or send any:
3.1.2remove or alter any notice, label, credit or proprietary marking shown on the Website;
3.1.3disrupt or interfere with any other User's use of the Website;
3.1.4frame, mirror or otherwise imitate the look or behaviour of the Website;
3.1.5use bots, scrapers or any other automated means to reach or operate the Website;
3.1.6deploy, without Our written agreement, any mechanism designed to collect or transmit information, such as web beacons, cookies or comparable tools;
3.1.7break any law or encourage unlawful conduct, including money laundering, the financing of terrorism, the evasion of sanctions, infringement of copyright or trademarks, defamation, breach of privacy, identity theft or hacking;
3.1.8alter, damage or otherwise tamper with the Website's source code, or introduce any software that could harm Us, the Website or any third party; or
3.1.9decompile, disassemble or otherwise reverse-engineer any software or technology that powers the Website, or help anyone else do any of the things listed in this section.
3.2You accept that, in addition to any other right We have, where We believe your use of the Website may breach the Terms or any law, We may review how you are using it, suspend your access, and take whatever further steps We consider reasonable to safeguard Our rights and property, or those of others.
4.1The Website and everything in it — including text, images, video, logos, designs, data visualisations, sounds, figures, analysis, statistics, trademarks and all other content — is protected by intellectual-property rights belonging to Us or to third parties.
4.2As between you and Us, all right, title and interest in the Website remain with Us. Using the Website gives you no rights in that content beyond the right to use the Website in line with the Terms.
4.3Except as needed to use the Website under the Terms, you must not — and must not allow anyone else to — copy, modify, adapt, translate, reproduce, distribute, republish, frame, scrape, download, transmit, display, rent, sub-licence, sell or create derivative works from any part of the Website without Our prior written permission.
5.1You use the Website at your own risk. To the maximum extent the law allows, We exclude all warranties of any kind, whether express or implied, relating to the Website and your use of it — including any implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, accuracy, completeness or currency. The Website and everything available through it is provided "as is", "as available" and "with all faults".
5.2Without limiting the above, We are not responsible for any (a) errors or inaccuracies in the Website's content; (b) loss or interruption of access to or from the Website; or (c) viruses, malicious code or similar that any third party may transmit through the Website.
5.3You agree not to hold Us responsible for any loss, whether direct or indirect, suffered by you or anyone else in connection with the Website, and you alone are responsible for any decision you take based on its content.
5.4We will not be liable to you or to any third party for any direct, indirect, incidental, special, punitive or consequential loss of any kind, including lost profit or lost data, arising from your use of the Website or anything obtained through it, whether the claim is framed in contract, tort, warranty or otherwise, and whether or not We were warned such loss was possible. If a court nonetheless finds Us liable, Our total liability will not exceed EUR 100. This limit applies as far as the law of the relevant jurisdiction permits.
5.5We are not responsible for any fault or failure of any telephone or network connection, computer system, server, provider, hardware or software, nor for problems caused by technical faults, internet congestion or unavailability, or any incompatibility between the Website and your browser or device.
6.1As you use the Website you may come across content or services supplied by third parties, such as advertisements, promotions, embedded material or external offerings.
6.2We do not control, endorse or check this third-party content or these services, and We take no responsibility for them; they may not always be accurate, lawful, reliable or current.
6.3To be clear, any content or service provided by a third party is not provided by Terence Financial, or by anyone acting for Us, and We make no representation or warranty of any kind about its accuracy, legality, suitability, security or availability.
6.4If you access or rely on any third-party content or service, you do so at your own risk. We accept no liability for any loss, damage, unauthorised access, security incident, malware, financial loss or other harm arising from your dealings with it.
6.5We therefore recommend that you check any third-party content for yourself, carry out your own due diligence before using any third-party service, and read its terms, policies and privacy practices first. Anything you decide or do on the basis of such content or services is your responsibility alone.
7.1The Website may include links, content, advertisements, promotions, logos and other material relating to platforms, sites or software operated by third parties (the "Links"). Make sure you understand the risks before you follow, use, rely on or buy anything through a Link. Links are provided only for your convenience, and you accept that We do not control, endorse or take responsibility for the content, security, policies, products or services found at the linked destinations.
7.2Including a Link does not mean We endorse, authorise, sponsor or are otherwise connected to the linked site, platform or software, or its operator. We give no representation or warranty about the accuracy, legality, reliability or security of any third-party content, product or service.
7.3If you follow or use any Link, you do so at your own risk, and We accept no liability for any loss, damage, unauthorised access, security incident, malware or other harm that may result.
8.1We may end, suspend, restrict or limit your access to the Website at any time and without notice, including where:
8.2You may stop using the Website whenever you like, simply by no longer accessing it. Any obligation or liability you took on before you stopped will continue to apply.
8.3If your access ends, you will no longer be able to use the Website, and any rights granted to you under the Terms end immediately.
9.1We are not responsible for any failure or delay in meeting Our obligations under the Terms that is caused by events outside Our reasonable control, including:
9.2If such an event affects Us, We will let you know as soon as We reasonably can and will make reasonable efforts to limit its impact. Even so, We will not be liable for any loss or damage it causes.
10.1We may change, add to or withdraw any part of the Website at any time, at Our discretion. We will not be liable for any loss this causes you, and you will have no claim against Us as a result.
10.2We may revise the Terms from time to time, at Our discretion. When We do, We will publish the updated version and change the date at the top of this page, and the change takes effect as soon as it is published. It is up to you to review the Terms periodically. If you keep using the Website after a change takes effect, you are treated as accepting the updated Terms; if you do not accept them, you must stop using the Website.
10.3The fact that information passes to or from the Website does not create any relationship between you and Us beyond the one set out in the Terms.
10.4The Terms and the Privacy Policy, as updated from time to time, are the only agreements in force between you and Us; no other statement, promise or undertaking, whether written or spoken, is binding.
10.5If We delay or do not exercise a right or remedy, that does not waive it, and exercising part of a right does not prevent Us from exercising it, or any other right, later.
10.6If a court of competent authority decides any part of the Terms cannot be enforced, that part will be treated as removed, while the rest continues to apply; wherever possible the Terms will be read so as to give effect to the intention behind the removed part.
10.7We may transfer or assign any of Our rights and obligations under the Terms to a third party, and the Website may be operated by third parties. You may not transfer, assign or pledge any of your rights or obligations under the Terms.
11.1Any dispute connected with the Terms — including about their validity, performance or ending — should first be addressed through good-faith discussion between the parties. If it is not settled within 30 days, the parties agree to try to resolve it through mediation by a recognised mediator or mediation body in British Columbia, Canada.
11.2If mediation does not resolve the dispute within 60 days of starting, the dispute will be referred to final and binding arbitration under the arbitration rules applicable in British Columbia, Canada.
11.3The Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada that apply there, without regard to conflict-of-laws rules. Where negotiation, mediation and arbitration do not resolve a dispute, the parties submit to the exclusive jurisdiction of the competent courts of British Columbia, Canada, except where the law gives you a right to bring proceedings somewhere else.
If you have any questions about these Terms, write to Our legal team at legal@terencefinancial.com, and a specialist will get back to you.