These terms and conditions (“Terms and Conditions“) govern the use of this website provided by Injencapital.com and the Service (as hereinafter defined) by the person who uses the Service, having signed up for and/or purchased the Service (the “User“), and the company or other organization with or for whom the User works is affiliated or employed, and for which the User’s use of the Service relates (the “Client Organization”) (hereinafter together termed the “Client“). The Service refers to both paid version or portions of the site. Use of this website constitutes the Client’s acceptance of these Terms and Conditions and acceptance takes effect immediately on first use of the Service. Acceptance of these Terms and Conditions constitutes full acceptance of all these Terms and Conditions, and agreement to be bound thereby. Inejn Capital reserves the right to amend these Terms and Conditions at any time and the Clients continued use of the service implies consent to any updated Terms and Conditions.
Injen Capital hereby agrees to furnish the Client and the Client hereby agrees to license and utilize this online service from Injen Capital (the “Service”) only in accordance with these Terms and Conditions. The Service consists of any and all information made available to the Client on Injen Capital's website, injencapital.com or it's affiliates.
Governing Law
The Agreement and any modification thereto shall be governed and construed under the laws of the Ontario, Canada. The Client agrees to the exclusive jurisdiction of the state of Ontario courts.
Use of Service
Injen Capital grants the User a limited, non-exclusive, non-transferable license to access and utilize the website solely for its own internal or personal purposes. The User agrees not to copy the data in whole or in part, for the purpose of publishing the information, reselling the information or for retaining a local copy of the data to use as an in-house data source or to populate an existing in-house database, including but not limited to contact and e-mail lists and fund information or to be used for unsolicited marketing purposes. The use of any content available on injencapital.com must be in accordance with the Terms and Conditions. Mass mailings are prohibited by a variety of local and international laws and Client agrees to abide by any applicable laws.
No Offer
The Service is provided for informational purposes only and should not be interpreted as a solicitation, offer, or recommendation to buy or sell any investment, engage in any transaction, or as advice of any kind. If the Client requires advice beyond information, they should consult an independent advisor and agree not to hold Injen Capital or it's affiliates legally or equitably responsible for any decisions, actions, or inactions taken as a result of using the Service.
Use of Data
Except as expressly permitted hereunder, the Client may not duplicate or redistribute any Data obtained from Injen Capital into hard copy, machine readable formats, or any other form without written authorization from Injen Capital. The Client will not publish, resell or disclose any Data. The Client also agrees not to download, nor knowingly permit any third party, to download Data onto computers, hard drives, or any other media other than into temporary storage for printing purposes, except as specifically authorized. In the event of a suspected breach or violation of any of the foregoing conditions, or in the event the Client becomes aware of a threat to any Injen Capital copyright, the Client shall cooperate with Injen Capital to protect Injen Capital's copyrights by assisting in identifying to whom copies of such Data have been supplied.
The Client agrees to install proper safeguards to protect the data from malicious use. Furthermore, the Client recognizes that data may contain personal information and that data must be used in accordance with GDPR and other applicable local and regional privacy laws and protections.
The Client may or will have access to or learn certain information belonging to disclosing parties that are proprietary and confidential (“Confidential Information”).
Confidential Information shall mean any secret or proprietary information relating directly to disclosing party’s business and that of disclosing party’s affiliated companies and subsidiaries, including, but not limited to fund’s performance, strategies and other business affairs of disclosing Party and its affiliated companies and subsidiaries.
You agree to keep strictly confidential all Confidential Information and will not use, sell, market, publicize, make announcement or disclose any Confidential Information to any third person, firm, corporation, or association for any purpose. You further agree to not make any copies of the Confidential Information without obtaining disclosing party’s prior consent and will not remove any copy or sample of Confidential Information in this site. Your obligations shall survive the termination or natural expiry of your access to this site.
Communication
The User acknowledges that the Service and any data contained therein including, but not limited to, names, addresses, phone/fax, and e-mails are strictly for personal or internal business use and may not be used for mass mailings or unsolicited marketing attempts as described within the Terms and Conditions.
No Reliance
While Injen Capital and it's affiliates uses reasonable efforts to obtain information from sources which it believes to be reliable, Injen Capital makes no representation or warranty that the information or opinions contained in the Website are accurate, reliable, up-to-date or complete. The Client acknowledges that Injen Capital has used a variety of public and other sources to create the Service, and that if the Client believes that any of the information contained therein is inaccurate or misrepresented, the Client will bring this to the notice of Injen Capital, provide information to assist Injen Capital in correcting any such deficiencies or errors, and that the Client will take no further action in law or equity with respect to such inaccurate or misrepresented information or the Client’s belief thereof. The Client further agrees that Injen Capital will attempt to rectify such errors in good faith, and that such action will be deemed to fulfill Injen Capital and its agents’ obligations to the Client. The information and opinions contained in the website are provided by Injen Capital for the Client’s personal use and informational purposes only and are subject to change without notice. Nothing in the Service constitutes, and nor should it be construed as, investment, legal, tax or other professional advice and it should not be relied on in making an investment or any other decision. Injen Capital does not provide investment advice and no portion of the data provided should be used for making investment decisions. The Client should obtain relevant and specific professional advice before making any investment decision.
Additional Use of Service
The Client undertakes not to copy and not to modify the Service in whole or in part, nor commercially to exploit the same, and that it will not disclose any Data received by it through its use of the Service to any third party outside the Client’s organization. Usernames and passwords are personal to the individual User, and multiple Users within a single Client Organization will each require an individual username and password. The Client undertakes not to reveal the Client’s username or password to any other person (either body corporate or natural) and acknowledges that any breach of security resulting in the use of its username and/or password by any third party constitutes material breach of the terms of the Agreement. The Client further acknowledges that the Client will be liable, and Injen Capital and its affiliates will be entitled, to proportionate compensation from the Client, therefore: such compensation in all cases will exceed the subscription fee that would, ceteris paribus, apply to the use of the Service by such third party or third parties.
Except as expressly permitted hereunder, the Client may not, and hereby agrees that it will not, disseminate the data to other individuals or companies in any manner and will abide by security conditions put in place to ensure the membership is used by only a single user.
Memberships
Questions about the service or data provided should be asked prior to purchase. To the extent refunds will be made available, under no conditions will Injen Capital issue refunds for requests made more than 30 days from date of payment.
Member understands that memberships renew (monthly or yearly) until cancelled. It is members responsibility to cancel membership. In the event member is unable to login, member should contact Injen Capital at least 48 hours prior to payment due date.
Data Contributions
Clients, users, and firms listed on or seeking to be listed on the Injen Capital website are encouraged to voluntarily contribute data. By contributing data, unless otherwise agreed upon in a separate agreement with Injen Capital, the Client or user acknowledges that such data may be used by Injen Capital or its partners without restriction, while Injen Capital will make reasonable efforts to ensure the accuracy and correctness of the data. In submitting data, the Client or user confirms that they are not in violation of any confidentiality agreement, copyright, or intellectual property rights, and that Injen Capital may incorporate the data into its Service and that of its partners or affiliates. Injen Capital reserves the right to review, screen, edit, or remove any content submitted or posted to the site at its discretion.
Ownership of Service
The User acknowledges that the data, copyrights, title and other intellectual proprietary rights – including, but not limited to, the search methodologies, data fields and layout of the search results – shall remain the property of Injen Capital.
Linked Sites
When the Client or User accesses certain links in the Injen Capital website it may leave the injencapital.com or Injen Capital applications. Injen Capital has not reviewed any of the websites linked to the Injen Capital website and does not endorse or accept any responsibility for the content of such websites, nor the products or services or other items described on or offered by such websites, nor the data protection practices of or policies on such websites. All risk associated with the Client’s use of links to third-party websites is assumed solely by the client.
Web Crawling and Data Scraping
All info provided by Injen Capital is intended for individual use, and the use of automated software or programs to access the Service and download data is expressly prohibited. The User acknowledges this as a condition of access, and undertakes not to employ such technology to access the service. Use of such software constitutes grounds for Injen Capital to deny access to the Service and to seek damages.
Disagreements
Injen Capital makes efforts to ensure information in our database is up to date. However, due to the nature of the industry and the breadth of the database, errors may occur. Refunds will be issued at the sole discretion of Injen Capital. Because the primary products are digital products, refunds will generally not be issued. Certain membership products may have automatic renewals and it is the Client’s responsibility to cancel any membership prior to the renewal date to avoid future charges. Refunds will generally not be issued should Client fail to do cancel prior to a billing date.
Limitations of Liability
While Injen Capital makes reasonable efforts to prepare and provide the Service to the Client, neither Injen Capital nor its agents shall be liable for any failure or inability to deliver the Service due to events, conditions, or circumstances beyond its reasonable control. In providing the Data, Injen Capital relies on sources it believes to be reasonably accurate. However, the Client acknowledges that Injen Capital cannot verify the accuracy, completeness, or timeliness of the Data, or any work, product, or projections based on it. The User understands that the Data is sourced from a mix of public and private sources, whose reliability may not be fully verifiable. The Client further acknowledges that any information derived from the Service is intended solely for general research purposes AND IS NOT TO BE USED OR RELIED UPON FOR INVESTMENT DECISIONS
Injen Capital provides the Service and Data to the Client on an “as is” basis, without any warranty of any kind. The Client waives all other warranties, whether express or implied, including but not limited to implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, security, accuracy, compatibility, non-infringement, or timeliness of performance. Injen Capital does not guarantee that the Service or Data will be uninterrupted, error-free, or free of viruses, nor does it make any warranties, express or implied, regarding the results of using the Service or Data. The Client agrees to use the Service and Data at its own risk. As such, neither Injen Capital, its agents, nor its suppliers will be liable to the Client or any other entity for any inaccuracies, errors, omissions, delays, damages, claims, liabilities, or losses, regardless of the cause, arising from the use of the Service or Data, or for any damage or delays to the Client’s hardware, software, or data resulting from the use of the Service.
Neither Injen Capital nor its agents shall be liable for any loss or damage resulting directly or indirectly from mistakes, omissions, interruptions, delays, errors, any act, event, or defect, whether human or mechanical, occurring in the course of furnishing the Service or Data including, but not limited to, computer virus, online failure, failure of performance by third parties, fires, explosions, floods, labor disputes or mechanical breakdown. Notwithstanding the foregoing, if Injen Capital. and/or its agent is deemed liable to the Client for any reason, whether arising in contract, strict liability or otherwise, Injen Capital's total liability including that of its agent hereunder shall be limited to the lesser of one thousand dollars (USD) or an amount no greater the total subscription costs and fees previously paid by the client to Injen Capital. Injen Capital shall not be liable for any special, consequential, exemplary or punitive damages, including, but not limited to, lost profits, whether or not it or they are aware of the possibility thereof. The Client further agrees that no action, regardless of form, arising from or pertaining to the Service or Data may be brought by the Client more than one (1) year after the event giving rise to such action has occurred.
It is the Client’s responsibility to review the marketing information and contact Injen Capital if unclear on the information that will be provided. Any refunds issued will be limited to the total price paid or the subscription services of one Client. If the Client purchases multiple subscriptions, either in a single or multiple transactions, any refund issued by Injen Capital will be limited to the price of the least expensive memebrship or subscription by the Client. If Client finds information to be inaccurate, Injen Capital will issue a refund based on the percentage of information that is found to be inaccurate. It is the Clients responsibility to provide Injen Capital with an accounting of which data points the Client believes to contain errors. All refunds will be issued at the discretion of Injen Capital.
Indemnification
The Client shall defend, indemnify and keep indemnified and hold Injen Capital and its agents and Suppliers harmless against any claim, liability, loss, injury, damage, cost or expense (including, but not limited to, reasonable legal fees) incurred by Injen Capital or its Suppliers arising from the Client’s (or that of any unauthorized user using the Client’s username or password) access or use of the Service, unless such claims or damages result from the gross negligence or willful misconduct of Injen Capital in providing the Service to the Client.
Severability
If any provision of this Agreement or the Injen Capital's Privacy Policy shall be held invalid or unenforceable to any extent, the remainder of this Agreement and the Privacy Policy shall not be affected and shall be enforced to the extent permitted by Law.