TERMS AND CONDITIONS

READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY BEFORE ENGAGING IN ANY ACTIVITY / ENTERPRISE DESCRIBED HEREIN. BY BUYING SHARES,  PARTICIPATION IN EXPERIMENTS, CONDUCTING ANY TRANSACTION, UTILIZING THE WEBSITE LOCATED AT www.XYZ.com ("WEBSITE"), YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED / AUTHORIZED TO ENGAGE IN ANY ACTIVITY / ENTERPRISE WITH THE CANADA FX FUND, HEREAFTER CALLED "THE FUND" AND YOU SHOULD NOT USE THIS WEBSITE.

THE FUND AND ITS SUBSIDIARIES (COLLECTIVELY, “THE FUND”) RESERVE THE RIGHT TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME FOR ANY REASON. WE SUGGEST THAT YOU REVIEW THESE TERMS PERIODICALLY FOR CHANGES. SUCH CHANGES SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. YOU ACKNOWLEDGE THAT BY ACCESSING OUR WEBSITE AFTER WE HAVE POSTED CHANGES TO THESE TERMS, YOU ARE AGREEING TO THESE TERMS AS MODIFIED.

Disclaimer

Nothing done by the fund or contained on this Website constitutes tax, accounting, regulatory, legal, insurance or investment advice. Neither the information, nor any opinion, contained on this Website or done by the fund constitutes a solicitation or offer by the Fund or its affiliates to buy or sell any securities, futures, options or other financial instruments, nor shall any such security be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction. Decisions based on information contained on this Website are the sole responsibility of the visitor. In exchange for conducting any activity with the Fund or using this Website, the visitor agrees to indemnify and hold The Fund, its officers, directors, employees, affiliates, agents, licensors and suppliers harmless against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your use of this Website, activity with the Fund, from your violation of these Terms or from any decisions that the visitor makes based on such information.

The activities/enterprises of the Fund and strategies discussed in the Website may not be suitable for all individuals and are not obligations of The Fund or its affiliates or guaranteed by The Fund or its affiliates. The Fund makes no representations that the contents are appropriate for use in all locations, or that the transactions, securities, products, instruments, or services discussed on this site are available or appropriate for sale or use in all jurisdictions or countries, or by all individuals or counterparties. By making available information on the Website, The Fund does not represent that any investment vehicle is available or suitable for any particular user. All persons and entities engaging the Fund or accessing the Website do so on their own initiative and are responsible for compliance with applicable local laws and regulations.

All transaction/ activities/ experiments/ investments involve risk and may lose value. The value of your activities/participations/equity can go down depending upon market conditions. Currency exchange rates may cause the value of an investment to go up or down. Alternative strategies involve higher risks than traditional investments, may not be tax efficient, and have higher fees than traditional investments; they may also be highly leveraged and engage in speculative investment techniques, which can magnify the potential for investment loss or gain. BEFORE ACQUIRING THE UNITS /SHARES/ PARTICIPATION OF THE FUND, IT IS YOUR RESPONSIBILITY TO READ THE FUND'S MATERIALS AND UNDERSTAND THEM. ONCE YOU USE THIS WEBSITE , BUY SHARES OUR PARTICIPATE IN AN EXPERIMENT YOU AGREE TO BE BOUND BY THEM AND RELEASE THE FUND FROM ALL AND ANY LIABILITY.

 

This Website is for information purposes only and is not intended to be relied upon as a forecast, research or investment advice. The information on this Website does not constitute a recommendation, offer or solicitation to buy or sell any securities or to adopt any investment strategy. Although this material is based upon information that The Fund considers reliable and endeavors to keep current, The Fund does not assure that this material is accurate, current or complete, and it should not be relied upon as such. Any opinions expressed on this Website may change as subsequent conditions vary. Past performance is no guarantee of future results.

The information and services provided on this Website are provided "AS IS" and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, The Fund disclaims all warranties, including, but not limited to, any warranty of non-infringement of third-party rights and any implied warranties of merchantability and fitness for a particular purpose. The Fund does not warrant, either expressly or impliedly, the accuracy or completeness of the information, text, graphics, links or other items contained on this Website and does not warrant that the functions contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that the Website will be free of viruses or other harmful components. The Fund expressly disclaims all liability for errors and omissions in the materials on this Website and for the use or interpretation by others of information contained on the Website.

The indicated rates of return are historical. The returns of the Fund are not guaranteed, the experiment value changes frequently and past performance may not be repeated. Tax, investment and all other decisions should be made, as appropriate, only with guidance from a qualified professional.

The funds are not insured by the Canadian Deposit Insurance Corporation or any other government deposit insurer.

Important information about the Fund is contained on the website and should be read before participating. 

The content of this site is meant to inform shareholders, potential shareholders and their intermediaries, and does not constitute an offer or a solicitation to anyone in the United States of America, United Kingdom or in any other jurisdiction in which such an offer or solicitation is not authorized or to any person to whom it is unlawful to make such an offer or solicitation. The FUND is not registered under any securities laws and is not registered under the securities laws of the United States of America, the United Kingdom or any other jurisdiction including Canada. The Fund is simply a private entity that offers it's shares or participations in experiments.

Rates of return shown in this site are historical and are not intended to reflect future values of the experiments or returns on the Fund's shares.

Projections and examples (including calculations used therein) are for illustrative purposes only and are not guaranteed to be accurate or complete. 

Trademarks, Copyrights and Other Intellectual Property

The content contained on this Website is owned or licensed by The Fund and its third-party information providers and is protected by applicable copyrights, trademarks, service marks, and/or other intellectual property rights. Such content is solely for your personal, non-commercial use. Accordingly, you may not copy, distribute, modify, post, frame or deep link this Website, including any text, graphics, video, audio, software code, user interface design or logos. You may download material displayed on this Website for your personal use provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this Website for public or commercial purposes, including all text, images, audio, and video, without The Fund's written permission. Modification or use of the materials for any other purpose violates The Fund's intellectual property rights.

All trademarks, service marks, trade names, and logos displayed on this Website are proprietary to The Fund and/or their respective owners. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Website without the written permission of The Fund or such other third party that may own the trademark displayed on this Website. Your use of the trademarks displayed on this Website, except as provided herein, is strictly prohibited.

The use of the images displayed on this Website by you, or anyone else authorized by you, is prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, and the laws of privacy and publicity, and communications, as well as other regulations and statutes. If you download any information from this Website, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information.

Links to Other Websites

The Fund may establish links between this Website and one or more websites operated by third parties. The Fund has no control over any such other websites, the contents therein or the products/services offered. The existence of any such links shall not constitute an endorsement of, or representation or warranty by The Fund regarding such websites, the contents of the websites, the products or services of the websites or the operators of the websites. Your access to and use of such linked websites is governed by the terms of use and privacy policies of those sites, and shall be at your own risk. The Fund disclaims responsibility for the privacy policies and customer information practices of third-party internet websites hyperlinked from our Website.

Links to The Fund from Other Websites

You shall not display hyperlinks on your websites to any website owned or operated by The Fund. If you desire to display on your website a hyperlink to a The Fund website, you must enter into a written agreement with The Fund governing such display. Access to The Fund's website does not authorize you to use any of The Fund's names, logos, trademarks or copyrighted material, and you agree not to do so without The Fund's express written consent. Requests to display hyperlinks on your websites to The Fund websites should be e-mailed to info@xyz.com.

Transmissions to and From this Website

Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from this Website may not be secure. The Fund shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by a website user to The Fund through this Website. You acknowledge and agree that The Fund has granted you limited access to the specific files pertaining to the The Fund Funds ("Approved Files"), and you agree not to attempt to access computer files other than the Approved Files. The Fund makes no warranty to you regarding the security of the Website, including with regard to the ability of any unauthorized persons to access information received or transmitted by you through or from the Website. The Fund reserves the right to cease providing, or to change, this Website and content of such information (or any portion or feature thereof) at any time or frequency and without notice.

Account and Transaction Information on this Website

Some or certain of The Fund's clients may access account information, including transactions, through this Website. Account information is unaudited unless noted otherwise, may be based on estimates. Do not make any investment decisions based on such information as it is subject to change.

Privacy Policy

This privacy policy ("policy") will help you understand how [Canada FX Fund] (“the Fund”,"us", "we", "our") uses and protects the data you provide to us when you visit and use [www.xyz.com] ("website", "service").

We reserve the right to change this policy at any given time, of which you will be promptly updated. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page.

What User Data We Collect

When you visit the website, we may collect the following data:

  • Your IP address.

  • Your contact information and email address.

  • Other information such as interests and preferences.

  • Data profile regarding your online behavior on our website.

Why We Collect Your Data

We are collecting your data for several reasons:

  • To better understand your needs.

  • To improve our experiments.

  • To send you promotional emails containing the information we think you will find interesting.

  • To contact you to fill out surveys and participate in other types of experiments and market research.

  • To customize our website according to your online behavior and personal preferences.

Safeguarding and Securing the Data

The Fund is committed to securing your data and keeping it confidential. The Fund has done all in its power to prevent data theft, unauthorized access, and disclosure by implementing the latest technologies and software available to the fund, which helps us safeguard all the information we collect online. However we will not be held liable for the theft of any misuse of your data and The Fund shall not be held responsible for your data and privacy protection. By purchasing shares or participating in our experiments you agree to be bound by this and release us from any liability regarding your data.  

Our Cookie Policy

By using our website  you agree to allow our website to use cookies, you also agree to use the data it collects regarding your online behavior (analyze web traffic, web pages you spend the most time on, and websites you visit).

The data we collect by using cookies is used to customize our website to your needs. After we use the data for statistical analysis, the data is completely removed from our systems.

Please note that cookies don't allow us to gain control of your computer in any way. They are strictly used to monitor which pages you find useful and which you do not so that we can provide a better experience for you.

If you want to disable cookies, you can do it by accessing the settings of your internet browser.

Links to Other Websites

Our website contains links that lead to other websites. If you click on these links The Fund is not held responsible for your data and privacy protection. Visiting those websites is not governed by this privacy policy agreement. Make sure to read the privacy policy documentation of the website you go to from our website.

Restricting the Collection of your Personal Data

At some point, you might wish to restrict the use and collection of your personal data. You can achieve this by doing the following:

feel free to contact us via email and we will be more than happy to change this for you.

The Fund will not lease, sell or distribute your personal information to any third parties, unless we have your permission. We might do so if the law forces us. Your personal information will be used when we need to send you promotional materials if you agree to this privacy policy.

Jurisdiction and Governing Law

The information provided on this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject The Fund or its affiliates to any registration requirement within such jurisdiction or country. Each offering referred to on this Website is intended to be made available to only residents of a jurisdiction of Canada. This Website will not be considered a solicitation for or offering of any kind to any person in any jurisdiction where such solicitation or offering would be illegal.

The laws of Ontario, Canada govern these Terms without regard to conflict of law provisions. If you take legal action relating to these Terms, you agree to file such action only in Ontario, Canada, and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any action with The Fund, its affiliates or with any issue referenced in this site.

Limitation of Liability

THE FUND AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THIS WEBSITE), EVEN IF THE FUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE OR ANOTHER LINKED WEBSITE.

Timeliness of Content

All content on this Website is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

Prohibited Uses

Except as otherwise stated in these Terms or as expressly authorized by The Fund in writing, you may not:

  • Use this Website in any manner that could damage or overburden any The Fund server, or any network connected to any The Fund server, as all servers have limited capacity and are used by many people;

  • Use this Website in any manner that would interfere with another party's use of the Website;

  • Include the term "The Fund", “Canada FX Fund” or any of The Fund's trademark or executive's name, or any variation of the foregoing, as a meta-tag, hidden textual element;

  • Use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy this Website or the reports, data, information, content, software, products services, or other materials on, generated by or obtained from this Website, whether through links or otherwise (collectively, "Materials"), without The Fund's permission, provided that generally available third-party web browsers may be used without such permission; or

  • Use this Website or the Materials in any manner that could create impression of affiliation, sponsorship or endorsement by The Fund.

Password Security and Notification

Certain parts of the Website are protected by passwords or require a login and are restricted to authorized users only. You may not obtain unauthorized access to such parts of the Website, or to any other protected materials or information, through any means not intentionally made available by The Fund for your specific use. If you have a Personal Identification Number (PIN) for access to non-public areas of the Website, you are solely responsible for all activities that occur in connection with your PIN. Accordingly, you should take all reasonable steps to protect the confidentiality of your PIN. Notify The Fund immediately if you become aware of any disclosure, loss, theft or unauthorized use of your PIN.

Unauthorized Use of Content

You agree to defend, indemnify and hold harmless The Fund, its affiliates and each of their respective officers, directors, members, partners, managers and employees against any losses, damages, claims, liabilities and costs (including reasonable attorneys’ fees) to the extent resulting from or arising out of any unauthorized or otherwise inappropriate use of any of the content of this Website attributable to you or which occurs through the use of your ID.

System Outages and Incomplete Transmissions

Internet software or transmission problems may produce inaccurate or incomplete copies of information and materials that may be downloaded and displayed on a user's computer. The Fund is not liable for any damages, changes, or omissions that occur during transmission of information and materials.

Termination

The Fund may terminate your access to the Website for any reason, without prior notice.

Use of Funds

The Fund may use your funds to purchase shares in another company, which in turn purchases shares in the Fund which represents a share in the experiment for you.

Dividends

If you sell your shares on our before the XD-Date you will not receive any dividends.

Waiver

No waiver by The Fund of any right under or term or provision of these Terms will be deemed a waiver of any other right, term, or provision of these Terms at the time of such waiver or a waiver of that or any other right, term, or provision of these Terms at any other time.

Integration and Severability

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.

The preceding Terms of use represent the entire agreement between The Fund and the user relating to the subject matter herein.

The Fund is an equal opportunity employer committed to diversity in the workplace.

Dated: December 2021