Terms & Conditions
Last Updated: January 1, 2024
1. Introduction
Welcome to ACU Finance Platform. These Terms and Conditions ("Terms") govern your access to and use of our website, mobile applications, and financial services (collectively, the "Services") provided by ACU Finance Platform ("ACU Finance," "we," "us," or "our").
By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use our Services.
2. Acceptance of Terms
By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy incorporated herein by reference.
You represent and warrant that:
- You are at least 18 years old
- You have the legal capacity to enter into these Terms
- You are a resident of Canada or otherwise authorized to use our Services in your jurisdiction
- You will use the Services in accordance with these Terms and all applicable laws and regulations
If you are accessing or using our Services on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms.
3. Account Registration and Security
3.1 Account Creation
To access certain features of our Services, you may need to create an account. When you create an account, you must provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3.2 Identity Verification
To comply with legal requirements, including anti-money laundering regulations, we may require additional information to verify your identity. This may include, but is not limited to, government-issued identification, proof of address, and other documentation. You agree to provide such information promptly upon request.
3.3 Account Security
You are solely responsible for maintaining the security of your account and password. You must notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage resulting from your failure to comply with this security obligation.
3.4 Account Restrictions
We reserve the right to suspend or terminate your account, restrict your access to all or part of our Services, or decline to process any transaction if:
- We suspect fraudulent, abusive, or illegal activity
- You violate these Terms
- You provide incomplete, inaccurate, or false information
- We are required to do so by applicable law, regulation, or governmental request
4. Service Description
4.1 Financial Services
ACU Finance Platform provides various financial services, which may include investment advice, portfolio management, financial planning, and related services. The specific services available to you will depend on your account type, geographic location, and other factors.
4.2 Informational Content
Our Services include financial information, news, analysis, and educational content. This content is provided for informational purposes only and should not be construed as personalized financial advice, unless explicitly stated otherwise.
4.3 Service Modifications
We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of our Services.
5. Fees and Payments
5.1 Fee Schedule
The fees for our Services are set forth in our Fee Schedule, which is available on our website and may be updated from time to time. By using our Services, you agree to pay all applicable fees.
5.2 Payment Methods
We accept various payment methods for our Services. By providing payment information, you authorize us to charge the applicable fees to your designated payment method.
5.3 Fee Changes
We reserve the right to change our fees at any time. We will provide reasonable notice of any fee changes through our website, email, or other communication methods. Your continued use of our Services after such notice constitutes your acceptance of the new fees.
5.4 Taxes
You are responsible for all taxes, duties, and similar charges associated with your use of our Services. We may collect applicable taxes where required by law.
6. Intellectual Property
6.1 Ownership
The Services, including all content, features, functionality, and design elements, are owned by ACU Finance Platform or our licensors and are protected by copyright, trademark, and other intellectual property laws.
6.2 Limited License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for their intended purposes. This license does not include the right to:
- Modify, reproduce, distribute, or create derivative works based on our Services
- Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information
- Use any meta tags, hidden text, or any other data utilizing our name or trademarks
- Use data mining, robots, or similar data gathering methods
- Access the Services by means other than through the interfaces we provide
6.3 Feedback
If you provide us with feedback, suggestions, or ideas regarding our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, publish, distribute, and otherwise exploit such feedback for any purpose.
7. User Content
7.1 User Contributions
You may have the opportunity to submit comments, reviews, or other content ("User Content") through our Services. You retain ownership of your User Content, but you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such User Content in any media format.
7.2 Prohibited Content
You agree not to post User Content that:
- Is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
- Infringes on any intellectual property or privacy rights
- Contains software viruses or any other code designed to interrupt, destroy, or limit the functionality of any computer system
- Constitutes unauthorized advertising, spam, or marketing materials
- Impersonates any person or entity
- Violates any applicable law or regulation
7.3 Content Monitoring
We do not actively monitor User Content but reserve the right to review and remove any User Content that violates these Terms or that we find objectionable for any reason.
8. Disclaimers and Risk Factors
8.1 Investment Risks
All investments involve risk, including the possible loss of principal. The value of investments can fluctuate, and you may lose some or all of your investment. Past performance is not a guarantee of future results.
8.2 No Guarantee of Returns
We do not guarantee any specific return on investments, and any projections or forecasts provided through our Services are estimates only and not guarantees of future performance.
8.3 Information Accuracy
While we strive to provide accurate information, we make no representations or warranties about the accuracy, reliability, completeness, or timeliness of the content provided through our Services. The use of our Services is at your own risk.
8.4 No Professional Advice
Unless explicitly stated otherwise, information provided through our Services is not intended as professional advice. You should consult with qualified professionals before making significant financial decisions.
8.5 Service Availability
We do not guarantee that our Services will be available at all times or function without errors or interruptions. We may periodically perform maintenance that could cause service interruptions.
9. Limitation of Liability
9.1 Liability Cap
To the maximum extent permitted by law, ACU Finance Platform and its directors, employees, partners, agents, suppliers, or affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, resulting from your use of our Services or any related transaction.
9.2 Aggregate Liability
In no event shall our total liability to you for all claims arising from or related to the Services exceed the amount paid by you to ACU Finance Platform for the Services during the twelve (12) months preceding the event giving rise to the liability.
9.3 Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages. Accordingly, some of the above limitations in this section may not apply to you.
10. Indemnification
You agree to defend, indemnify, and hold harmless ACU Finance Platform and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your breach of these Terms
- Your User Content
- Your use of our Services
- Any violation of rights of another person or entity
11. Termination
11.1 Termination by You
You may terminate your account at any time by following the instructions on our website or contacting our customer service. Termination may be subject to the completion of pending transactions and settlement of outstanding obligations.
11.2 Termination by Us
We may terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason, including, but not limited to, if you breach these Terms.
11.3 Effect of Termination
Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Governing Law and Dispute Resolution
12.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the province of Ontario, Canada, without regard to its conflict of law provisions.
12.2 Dispute Resolution
Any dispute arising out of or relating to these Terms or the Services shall be resolved through the following process:
- Informal Negotiation: The parties shall first attempt to resolve the dispute through good-faith negotiations.
- Mediation: If the dispute cannot be resolved through negotiation within 30 days, the parties shall seek resolution through mediation with a mutually agreed-upon mediator.
- Arbitration or Litigation: If mediation is unsuccessful, the parties may pursue arbitration or litigation in the appropriate courts of Ontario, Canada.
12.3 Class Action Waiver
You agree to resolve any disputes with ACU Finance Platform on an individual basis and waive any right to join or participate in a class action, class arbitration, or representative action.
13. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of significant changes through our website, by email, or through other reasonable means. Your continued use of our Services after such changes constitutes your acceptance of the revised Terms.
14. General Provisions
14.1 Entire Agreement
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and ACU Finance Platform regarding your use of our Services.
14.2 No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by an authorized representative of ACU Finance Platform.
14.3 Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
14.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, at our sole discretion, without restriction.
14.5 Force Majeure
We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, labor disputes, network and computer failures, or governmental actions.
15. Contact Information
If you have any questions about these Terms, please contact us at:
ACU Finance Platform
7 Ray Walks Ashleyside
BT60 3QU
Phone: +448255674204
Email: [email protected]