Authorised User Terms and Conditions
This Authorised User Terms and Conditions (“AUTC") is a binding agreement between you (“End User" or “you"), and Wealthstack Solutions Inc. incorporated (the “Company" or “Wealthstack”). This AUTC governs your use of the Company's financial wellness platform (“Platform”) as part of the Company’s Software as a Service offering.
Take note: Your access is subject to either a Software as a Service Agreement (SaaS Agt) that your employer, or the company that has appointed you as contractor, has concluded with Wealthstack (where you access the Wealthstack Services as an End User) or the service agreement that you or your company has concluded with Wealtstack where you provide certain services via the Platform to End Users.
YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A BROKER, FINANCIAL INTERMEDIARY, AGENT OR ADVISOR AND HAS NO FIDUCIARY RELATIONSHIP OR OBLIGATION WITH YOU, WE ARE A TECHNOLOGY SERVICE PROVIDER THAT ENABLE YOU AND THIRD PARTIES TO CONNECT AND TO EXECUTE CERTAIN ACTIONS ON THE WEALTHSTACK PLATFORM. NO COMMUNICATION OR INFORMATION PROVIDED TO YOU BY WEALthSTACK IS INTENDED AS, OR SHALL BE CONSIDERED AS INVESTMENT ADVICE, FINANCIAL ADVICE, TRADING ADVICE, STRUCTURING ADVICE OR ARRANGEMENT ADVICE OR ANY OTHER SORT OF ADVICE. IT WILL BE YOUR RESPONSIBILITY TO ENSURE YOU UNDERSTAND THE TERMS AND CONDITIONS OF THE THIRD PARTY (FINANCIAL expert) YOU CONTRACT WITH WHEN YOU ENGAGE WITH HIM/HER/IT.
- Restrictions: You will not or allow any third party to: (a) copy, modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Platform or any Wealthstack Services and Content; (b) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Platform or any part thereof; (c) remove, delete, alter or obscure any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Platform, Wealthstack Services and Content, including any copy thereof; (d) rent, lease, use it for purposes of a service bureau, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Platform or any features or functionality of the Platform or any part of the Wealthstack Services and Content, to any third party for any reason or (e) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Platform; (f) use the Platform, Wealthstack Services and Content for purposes which are illegal. Certain Content may be downloaded, however this will be for your own personal use and you shall not be entitled to submit or make it available to any third party whatsoever.
- Reservation of Rights: You acknowledge and agree that the Platform is only made available to you as part of the Wealthstack Services and Content, and not sold, to you. You do not acquire any ownership interest in the Platform or to the Wealthstack Services and Content under this AUTC, or any other rights thereto other than to use the Platform in accordance with the rights granted, and subject to all terms, conditions and restrictions, under this AUTC. The Company reserves and shall retain its entire right, title and interest in and to the Platform, Content and Services, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this AUTC.
- Registration and verification (service account)
- In order to use the Wealthstack Services and Content, you must register and obtain a Wealthstack profile.
- You hereby verify that:-
- you are 18 years and older; and
- have not been previously suspended or removed from the use of the Wealthstack Services;
- Verification information:
- You will be asked to provide additional information for verification purposes, prior to access or use the Services.
- You agree to provide complete and accurate information when requested by Wealthstack (for registration and any time thereafter)
- The information shall be utilised for the purposes as collected for and to kept as records for possible investigations or request from any regulatory authority or as required by law.
- You agree that you may be denied access to or use of the Services or part thereof if you refuse to provide the requested information or where you have provided us with inaccurate information. During the verification process you will have limited access to the Services.
- Submission of your information as per the registration process does not automatically give you the right to access the Services or an obligation on us to make it available to you. We have the right not to grant you access to a Service Account or to revoke such right and disable any user identification code, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed comply with the provision of these AUTCs.
- On acceptance of your registration information, you will be allowed to select or be provided with the necessary access credentials or any other piece of information as part of our security procedures. You must treat such information as confidential. You must not disclose it to any third party.
- On registration you will be allocated a Service Account/Profile. You agree:
- To maintain accurate, complete, and up-to-date information in your Service Account. That your failure to maintain accurate, complete, and up-to-date information, may result in your inability to access and use the Services, not receiving any notifications or may result in our termination of this AUTC with you.
- You are responsible for all activity that occurs under your Service Account. You agree and understand that you are solely responsible to us for all activities that occur under your Service account. You agree to maintain the security and secrecy of your Service Account details at all times and keep it confidential. Wealthstack cannot be liable for any damages that may result of any such actions or omissions. If you know or suspect that anyone other than you knows your user identification code or password, you must notify us immediately at: email@example.com
- You may only have one Service Account. Users representing legal entities may also have an account in their personal capacity but with different login credentials in order to differentiate the user profiles
- You may not authorise third parties to use your Service Account.
- By creating a Service Account, you agree that the Services may send you informational text communications, via email and/ or any other communication channel as part of the normal business operation of your use of the Services.
- You may not assign or otherwise transfer your Service Account to any other person or entity.
- Collection and Use of Your Information:
- You acknowledge that when you sign-up/register and use the Wealthstack Services and Content, the Company may use automatic means (including, for example, cookies) to collect information about your use of the Platform.
- You also may be required to provide certain information about yourself as a condition to use the Wealthstack Services and Content or certain of the Platform’s features or functionality, and during the use of the Wealthstack Services it may provide you with opportunities to share information about yourself with other third parties.
- If you decide to use another service Wealthstack offers to individuals and/or wish to engage directly with us and not subject to your employer’s SaaS Agt, then you will be asked to give your consent so that we can transfer your personal data. On receipt of your consent we will use your personal data to perform under our new engagement with you.
- Wealthstack Services and Content
- The Platform will provide you with access to the Company's products and services (Wealthstack Services) accessible thereon and well as certain features, functionality and certain content (“Content”) accessible on or through the Platform.
- Some of the Wealthstack Services and Content made available to you has been provided directly by the Company and some as received from selected third party content providers (also see). clauses 13 and 14 below.
- Uploading Material to the Platform
- Whenever you make use of a feature that allows you to upload material to the Platform, or to make contact with other third parties via the Wealthstack Services, you must comply with the content standards set out in clause 9 below. You warrant that any upload or contribution from you complies with those standards, and you indemnify us for any breach of that warranty.
- Where you upload third party information to the Platform we assume that you have obtained all necessary consent prior to uploading the information;
- We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you.
- We have the right to remove any material or posting you make on the Platform if, in our opinion, such material does not comply with the content standards set out below.
- From time to time certain you or the Financial Advisor/Expert will be uploading content and information to the Platform. The Company provide the Platform as a tool to enable you to communicate with Wealthstack and/or the Financial Advisor/Expert. We have no control over the content of said uploads and shall not be liable for any claims or damages that may result from such uploads.
- Content Standards
- These content standards apply to any and all material which you upload or contribute to the Platform (contributions).
- You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Contributions must be accurate (where they state facts), be genuinely held (where they state opinions), comply with applicable law from the country from which they are posted or applicable to you.
- Contributions must not contain any material which is defamatory of any person, or any material which is obscene, offensive, hateful or inflammatory, or that promote sexually explicit material or violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. It should further not infringe any intellectual property rights of any other person or be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence. It should also not promote any illegal activity or be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse. Contributions should further not contain any damaging code or viruses.
- We have the right to remove any content from the Platform in our sole discretion.
- Intellectual Property
- Wealthstack and/or its licensors own all intellectual property rights in the Wealthstack Services and the Content. Except as expressly stated herein, these AUSTs do not grant your any rights to, or in, patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Services, Pattern Data or Content.
- The Wealthstack Services are provided under a right granted to you User, and not sold. You do not acquire any ownership interest in the Wealthstack Services and Content made available via the Wealthstack Services by us or any third party.
- Financial Advisors/Experts
- Although we follow a strict process in the selection of Financial Advisors it is important to take note that the engagement between you/End User and a Financial Advisor is subject to Consent by you/the End User on the Platform and agreement to the Financial Advisor’s service agreement terms and conditions at the time of your engagement with the Financial Advisor.
- We recommend that you familiarise yourself with the content of the Financial Advisor services terms and conditions before utilisation of his/her services.
- Third Party Materials:The Wealthstack Services will display, include or make available third-party content (including data, information and other products, services and/or materials) or provide links to third-party websites or services, including through third-party advertising or to other materials (collectively, “Third Party Materials"). You acknowledge and agree that although it is the intent of the Company to provide quality content to the End User, that the Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
- Payment methods:
Credit Card Payments:
- Credit card transactions will be acquired for our benefit.
- No credit card details are stored on Wealthstack Platform/servers.
- We will store your details separately from your credit card details which are entered by you on the secure website.
- Monitoring:We reserve the right to log, review, and otherwise examine any information stored on or passing through our networks or systems to ensure an effective Service and security of our Platform.
- Downtime and Suspensions:Your access to and use of the Wealthstack Services may be suspended for the duration of any anticipated, unanticipated, scheduled or unscheduled downtime, maintenance, system updates, malfunction, or other unavailability of any portion or all of the Wealthstack Services for any reason, including as a result of power outages, system failures or other interruptions. We shall also be entitled, without any liability to you, to suspend access to any portion or all of the Wealthstack Services at any time, on a system-wide basis: (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any part of the Wealthstack Services ; (b) in the event of a denial of service attack or other attack on the Wealthstack Services or other event that we determine, in our sole discretion, may create a risk to the applicable Platform, to You or to any of our other customers if the Wealthstack Services were not suspended; or (c) in the event that we determine that any Wealthstack Services is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons.
- Termination and Suspension:
- End User:the Company may terminate this AUTC immediately if the SaaS Agt gets terminated or if the Company receives a written instruction (signed by an authorised representative of your employer) from your employer to terminate your access to the Services. Take note – subject to Wealthstack’s then current Wealthstack Service terms and conditions and the discretion of Wealthstack, you will be given the option to engage directly with Wealthstack and continue the use of the Wealthstack Services, despite termination of the SaaS Agt.
- Financial Advisor: the Company may terminate this AUTC immediately if the services agreement with the Company gets terminated.
- Subject to payment of all fees due and payable, you may terminate the AUTC at anytime;
- A breach of these AUTCs shall entitled the Company in its sole discretion to suspend your access to the Weathstack Services or terminate this AUTC immediately without notice.
- The Company further reserves the right to change, suspend, or discontinue all or any aspects of the Wealthstack Services, for any reason at our sole discretion. Where any of the changes may affect your rights Wealhtstack will where reasonably possible provide you with a 7 days' advance notice.
- On termination of the AUTC your rights under these AUTCs shall terminate immediately. You are personally liable for any charges that you incur prior to any termination, change, suspension or discontinuation of this AUTC or the Platform. Termination will not limit any of the Company's rights or remedies at law or in equity.
- Consequences of termination: the following shall apply if there is a termination:
- Unless specifically stated the provisions of these AUTC shall cease;
- Wealthstack may destroy or otherwise dispose of any of the data in its possession unless Wealthstack receives, no later than 10 (ten) days after the effective date of the termination, a written request for the delivery to the End User data of the then most recent back-up of the End User data. Wealthstack shall use reasonable commercial endeavours to deliver the back-up to the End User within 30 (thirty) days of its receipt of such a written request, provided that the End User has, at that time, paid all fees and charges outstanding at and resulting from termination (whether or not due at the date of termination). The End User shall further pay all reasonable expenses incurred by Wealthstack in returning or disposing of End User data
- Any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of these AUTCs which existed at or before the date of termination shall not be affected or prejudiced.
- Disclaimer and Warranties
- Disclaimer of Warranties:THE WEALTHSTACK SERVICES (INCL. THE PALTFORM) IS PROVIDED TO YOU “AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEALTHSTACK SERVICES , INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE WEALTHSTACK SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR THAT THE PLATFORM WILL ON ALL BROWSERS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability:TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, DIRECTORS OR EMPLOYEES, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PORTAL OR THE CONTENT AND SERVICES FOR (BUT NOT LIMITED TO): (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE WEALTHSTACK SERVICES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
- Indemnification:You agree to indemnify, defend and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Wealthstack Services or your breach of this AUTC. Furthermore, you agree that The Company assumes no responsibility for the content you submit, upload or make available through the Wealthstack Services.
- You agree that:
- This AUTC is valid, binding, enforceable and concluded in 2115 South Service Road West, Province of Ontario (Place of Business), the moment you access the Platform;
- all information that are incorporated by reference by using hyperlinks and / or other methods of reference form part of this AUTC;
- Time and Place of communication, dispatch and receipt;
- Data Messages sent from the Company to You on receipt of sent confirmation on the Company’s system; and
- Data Messages from You to the Company are deemed to be received by the Company only when a representative of the Company responds thereto, and for the purposes of this clause an auto-response shall not be a response by the Company. Such acknowledgement further does not give legal effect to that message, unless specifically indicated by the Company that it does give legal effect to the message.
- You acknowledge that all agreements and authorization under this AUTC satisfies the “writing” requirement;
- You agree that:
- Events outside our control
- The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this AUTC that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks or utility provider (Event Outside The Company’s Control) or typical force majeure events.
- If an Event Outside The Company’s Control takes place that affects the performance of the obligations under this AUTC:
- The Company’s obligations under this AUTC will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside The Company’s Control; and
- The Company will use its reasonable endeavours to find a solution by which the Company’s obligations under this AUTC may be performed despite the Event Outside The Company’s Control.
- Severability:If any provision of this AUTC is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this AUTC will continue in full force and effect.
- Successors and Assigns:This AUTC is personal and only shall not be to the benefit of any third party, unless agreed to in writing between the parties. This AUTC, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.
- Waiver:No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this AUTC and any applicable purchase or other terms, the terms of this AUTC shall govern.
- Changes:These AUTC may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate the Wealthstack Services and the way we expect users to behave on our Platform. We will notify users by email of changes to these AUTCs or post a notice on our the Platform.
- Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
Tel: (289) 681-8411
Physical Address: 2115 South Service Road West, Oakville, ON, L6L 5W2