Access agreement

The following terms of use apply to your use of the Greenchip Financial Corp. website (the “Site”). By accessing or using the Site, you acknowledge that you have read, understand and agree to be legally bound by the terms and conditions provided below relating to the use of the Site. If you do not agree with the terms and conditions of use, we request that you immediately discontinue your use and no longer access the Site. As noted below, the information contained on the Site, including these terms and conditions of use, will be changed from time to time without notice. Your continued use of the Site following the posted changes will signify your acceptance to the amended terms and conditions of use. These terms and conditions of use are in addition to the terms of any other agreement between you and Greenchip. “Greenchip” as used in these terms and conditions of use means Greenchip Financial Corp. and Greenchip Global Equity Fund, collectively.

This Site, and all information and materials used in or made available through this Site (“Content”), are provided on an “as is” and “as available” basis, without any representations, warranties or conditions of any kind, whether expressed or implied, and including without limitation implied representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy, or completeness, all of which are hereby disclaimed by Greenchip to the fullest extent permitted by law. Greenchip will not under any circumstances be liable to you or any other person in any way for any loss or damages (direct, indirect, special, economic, incidental, consequential, punitive or exemplary, including without limitation loss of revenue, data, anticipated profits or lost business) in respect of use of, or inability to use, this Site, its Content or links (including without limitation any inaccuracies or viruses), or any Web browser or other equipment.

The information contained on the pages of this Site is subject to modification and update from time to time without notice. Greenchip does not guarantee or ensure either the accuracy, completeness, currency or authenticity of any Site Content, Site functionality, or your transmission of any Content from the Site to you.

When using this Site, it is up to you to take reasonable precautions to scan for computer viruses, worms, Trojan horses and other items of a destructive nature. It is also up to you to ensure that you have a complete and current backup of the information contained on your computer system prior to using this Site.

Certain aspects of the Site have been prepared by persons independent from Greenchip. Other websites that may be accessed from this Site by hypertext links are entirely independent of the Site. The inclusion of any site acknowledgments, identification of any person or entity in the Site, or any hypertext link to another website, person or entity shall not, in any manner, be construed as an endorsement of such person’s or entity’s website, products, services or contributions to the Site.

Other websites which may provide access to this Site by hypertext links are entirely independent of this Site. Any direction by a third party to this Site shall not, in any manner, be construed as an endorsement by Greenchip of such party’s website, products or services.

Links to other websites from this website are for convenience only. No endorsement of any independent third-party products, services or information is expressed or implied by any information, material or content of a third party contained in, referred to, included on, or linked from or to this website. Any information, data, opinions or recommendations provided by independent third parties through links to other websites or otherwise made available through this website are solely those of the independent third party and not of Greenchip or its affiliates.

The Site does not, and it is not intended to, provide any financial, insurance, legal, accounting or tax advice, and shall not be relied upon by you in that regard.

You acknowledge that past performance is not an indicator of future returns and that references to performance on this Site are provided as historical benchmarks only.

You are responsible for ensuring that you are appropriately informed about any securities, taxation or other legislation or law that could affect your investment decisions.

You agree that your use of the Site shall be on an “as is” basis entirely at your risk. Neither Greenchip, nor any officer, director, or employee thereof, nor any other person associated with the creation of the Site or its contents, nor any supplier, shall be liable or responsible to any person for any harm, loss or damage that may arise in any connection with your use of the Site, including without limitation any direct, indirect, special, third party or consequential damages. Without limiting the foregoing, Greenchip shall not be responsible for any detrimental reliance that you may place upon the Site or its contents whatsoever.

The Site is not, and shall not be used, or relied upon by you, as a substitute for your independent research or professional advice that is provided to you by a financial advisor.

Certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of this Site may constitute trade names, trade-marks or service marks, registered or unregistered (“Trade-marks”) of Greenchip and its associates or affiliates, or of third parties and used under licence by Greenchip. Images, logos and pictures bearing the name or word Greenchip are Trade-marks of Greenchip or its affiliates and are protected by trade-mark and copyright laws in Canada and other countries. The display of Trade-marks on pages at this Site does not imply that any licence has been granted to any third party.

All information in this Site is protected under the copyright laws of Canada and other countries. Users of this Site shall be entitled to copy any information for their own personal use but may not republish or reproduce any such information in any manner, including electronic reproduction by “uploading” or “downloading”, without the prior written consent of Greenchip or its affiliates. Otherwise, no one has permission to copy, redistribute, reproduce or republish, in any form, any information found in the pages of this Site. Any product, process or technology described in the Site may be the subject of other intellectual property rights reserved by Greenchip or its licensors, and are not licensed hereunder.

Any unauthorized downloading, retransmission, or other copying or modification of Trade-marks or other Contents may be a violation of statutory or common law rights which could subject the violator to legal action.

This Site and its Contents should not be considered an offer to sell or a solicitation to buy securities to any person residing in the United States of America or in any other jurisdiction in which such an offer or solicitation is unlawful, or to any other person to whom it is unlawful to make a solicitation. Investment products managed by Greenchip will not be sold to any person unless such sales are permitted under the laws of the applicable jurisdiction. Greenchip is not engaging in or holding itself as engaging in the business of advising others as to the investing in or buying or selling of securities in any jurisdiction where it would be unlawful for it to do so. Investors should contact their financial advisors for further details.

Certain statements contained in the Site may contain forward-looking statements. These statements consist of views respecting future events or conditions, such as economic or market conditions or company performance, based on assumptions which may cause actual results to differ materially from those expressed by the forward looking statement. As a result, these statements would typically include words such as “anticipates, believes, intended or estimated.” Factors which could cause such differences are numerous and could include economic, market and political conditions, regulation and changes in legislation, competition, demographics and technological change. Greenchip disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future developments or otherwise.

This agreement shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. You consent and submit to the non-exclusive jurisdiction of the courts of the province of Ontario in any action or proceeding instituted under or related to this Agreement.

If any provision of these terms and conditions is invalid or unenforceable under applicable law, then the invalid or unenforceable terms and conditions shall be, to the extent necessary, deemed omitted and the remaining provisions will continue in full force and effect.

Unless specifically provided herein (and subject to the terms of any other written agreement that you have with Greenchip) these terms and conditions constitute the entire agreement between you and Greenchip with respect to your use of this Site. There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the parties in connection with the use of this Site except as specifically set forth herein.

Greenchip Financial Corp. is registered as an Exempt Market Dealer, Portfolio Manager, and Investment Fund Manager in the province of Ontario. Greenchip is not registered in any other jurisdictions.

Rescission Rights of Investors:

Section 130.1 of the Securities Act (Ontario) (the “Ontario Act”) provides that every purchaser of securities pursuant to an offering memorandum (such as this investor presentation) has a statutory right of action for damages or rescission against the issuer and any selling security holder in the event that the offering memorandum contains a misrepresentation (as such term is defined in the Ontario Act). A purchaser who purchases securities offered by the offering memorandum during the period of distribution has, without regard to whether the purchaser relied upon the misrepresentation, a right of action for damages or, alternatively, while still the owner of the securities, for rescission against the issuer and any selling security holder provided that:
(a) if the purchaser exercises its right of rescission, it ceases to have a right of action for damages as against the issuer and the selling security holders, if any;
(b) the issuer and the selling security holders, if any, will not be liable if they prove that the purchaser purchased the securities with knowledge of the misrepresentation;
(c) the issuer and the selling security holders, if any, will not be liable for all or any portion of damages that it proves do not represent the depreciation in value of the securities as a result of the misrepresentation relied upon; and
(d) in no case is the amount recoverable to exceed the price at which the securities were offered.
Section 138 of the Ontario Act provides that no action may be commenced to enforce these rights more than:
(a) in the case of an action for rescission, 180 days after the date of the transaction that gave rise to the cause of action; or
(b) in the case of an action for damages, the earlier of: (i) 180 days after the date that the purchaser first had knowledge of the facts giving rise to the cause of action; or (ii) three years after the date of the transaction that gave rise to the cause of action.

Similar rights of rescission exist pursuant to the laws of  Alberta, Saskatchewan and New Brunswick.