Terms of Use

WEBSITE TERMS AND CONDITIONS OF USE PLEASE READ THESE TERMS AND CONDITIONS AND PRIVACY POLICY CAREFULLY.
This website is owned and operated by genifi inc. (together with its affiliates and subsidiaries, “Us“, Our” or “We“). By accessing, browsing or using Our website (the “Site“), you signify that you have read, understand and agree to be bound by these terms and conditions (the “Terms and Conditions“). If you do not agree to these Terms and Conditions and the terms and conditions of our Privacy Policy, you must exit the site immediately and discontinue any use of the Site. Your use of the Site shall be deemed to be your agreement to abide by each of the terms set forth below. We can change these Terms and Conditions at any time by posting updated Terms and Conditions on the Site. If any modification is unacceptable to you, you shall cease to use the Site. If you do not cease using the Site, you will be deemed to have accepted the change.
You are subject to the Privacy Policy available here.

These Terms and Conditions were updated as of April 28, 2023.

YOUR RIGHT TO USE THE SITE
Provided that you accept and comply with the Terms and Conditions, you have the limited right to access and use the Site to view the various materials, including information, documents and other content on the Site and to copy, download or print a single copy of any of the information and materials available on it, solely for your personal non-commercial use or your internal informational use in business and not for resale or distribution to anyone else, provided that you reproduce all of Our proprietary markings on each copy of reproduced material. Except as We expressly permit in writing, you may not copy, reproduce, download, upload, post, transmit, translate, modify, distribute, sell, rent, license, transfer, mirror, frame or create derivative works of the Site, in whole or in part, in any form or by any means. In particular, the use of any of such information on any other website or in a networked computer environment for any purpose is prohibited and the foregoing authorization does not apply with respect to the design or layout of the Site.
We reserve the right to restrict, suspend or terminate your access to all or part of the Site at any time and for any reason; however, We assume no obligation to do so. The provisions of these Terms and Conditions concerning the ongoing interests of the parties shall continue and survive in full force and effect following any such termination.

OWNERSHIP OF MATERIALS ON THE SITE
The Site and all content provided on the Site are protected by copyright, trademark and other intellectual property and proprietary rights laws, and are owned, controlled, and/or licensed by Us and/or Our affiliates and related companies. In particular, We own a copyright in the Site as a collective work and/or compilation, and in the selection, coordination and arrangement of the information and materials available on the Site. Nothing contained on the Site should be considered as granting, by implication, estoppel, custom, usage or otherwise, any licence or right to use any trademarks, logos, and/or other names, including, but not limited to, those identifying Us and/or Our affiliates and related companies or their respective products and services displayed on the Site, without Our express written consent or the consent of such third party that may own such trademarks, logos and/or other names displayed on the Site. Accordingly, unauthorized use or reproduction of the Site may violate copyright laws, trademark laws, laws pertaining to privacy or publicity rights, or other laws and/or regulations.
The trademarks and/or service marks of genifi inc. and others used on the Site are the property of genifi inc. or their respective owners. You may not use any trademark displayed on the Site without the prior written consent.

EMAIL COMMUNICATION
You consent to receive electronic communications from Us either in the form of email sent to you at the email address provided to us on the “Contact Us” page of the Site.

LINKS TO THIRD PARTY WEBSITES
This Site may contain links to websites and other resources operated by third parties other than genifi inc. Such links are provided solely as a convenience to you. We do not control such websites and are not responsible for the content, products, services, or other information offered by any third parties. The provision of any link does not constitute an endorsement of any website or the content, products or services offered, advertised, endorsed, or promoted by any third party. If you decide to access any of the third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.

CAUTIONARY STATEMENT ON FORWARD LOOKING INFORMATION AND STATEMENTS
The Site and any document prepared by Us may contain “forward-looking information” within the meaning of applicable securities laws. All statements, other than statements of historical fact, are forward-looking statements. We use words such as “may”, “will”, “should”, “anticipate”, “plan”, “expect”, “believe”, “estimate” and similar terminology to identify forward looking information and statements. Such are based upon assumptions, estimates, opinions and analysis made by management in light of its experience, current conditions and its expectations of future developments as well as other factors which it believes to be reasonable and relevant.
Forward looking information and statements involve known and unknown risks, uncertainties and other factors that may cause Our actual results to differ materially from those expressed or implied in the forward looking information and statements and accordingly, readers should not place undue reliance on those statements. More information on risks and uncertainties relating to Us and Our business can be found in our periodic filings, available at www.sedar.com. We undertake no obligation to update publicly or revise any forward-looking information or statements contained in this Site or in any other documents filed with securities regulatory authorities, whether as a result of new information, future events or otherwise, except in accordance with applicable securities laws.

DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
The Site, any products or services referenced therein, and any content provided via the Site, including links, are provided on an “as is” and “as available” basis with no warranties of any kind. We do not guarantee that you will have continuous, uninterrupted, or secure access to the Site, or that the Site will be error-free, or that defects, if any, will be corrected, or that the Site is free of viruses or other harmful components. We do not make any representations or warranties about the accuracy, reliability, currency, completeness, quality, performance, timeliness or suitability of the Site or the information on the Site. AS A CONDITION OF YOUR USE OF THE SITE AND APPS, YOU WARRANT TO US THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS AND CONDITIONS.
IN ADDITION, THE SITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. WE THEREFORE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE.
Your use of (or inability to use) the Site is at your own risk. You agree that your sole remedy in the event of any problem with the Site is to cease using the Site. In no event shall genifi inc., and/or its subsidiaries or affiliates, and each of their respective directors, officers, employees, consultants and agents be liable for any loss or injury or any damages, either direct, indirect, punitive, special, incidental, consequential or otherwise, resulting from, or in any way connected to, the use of the Site, or any links to other sites made available on the Site or the content contained on such site(s), in each case regardless of whether such damages are based on warranty, contract, tort (including negligence), strict liability products liability or other theories of liability, even if genifi inc. and/or its subsidiaries or affiliates have been advised of the possibility or likelihood of such damages occurring.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless genifi inc., its affiliates and subsidiaries, and their respective directors, officers, employees and agents against any losses, liabilities, claims, expenses (including attorney’s fees) arising out of your use of the Site, and your submissions and personal rights contained therein.

APPLICABLE LAWS
All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the Site must and will be venued exclusively in Ontario. These Terms and Conditions and the relationship between you and genifi inc. will be governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein, without giving effect to principles of conflict of laws of any jurisdiction.
The parties confirm that it is their wish that these Terms and Conditions, as well as all other documents relating hereto, including all notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention, de même que tous les documents, y compris tout avis, qui s’y rattachent, soient rédigés en langue anglaise.
Any of these Terms and Conditions which are determined to be invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability in such jurisdiction, without rendering invalid or unenforceable any of the remaining Terms or affecting the validity or enforceability of these Terms and Conditions in any other jurisdiction. No waiver by Us of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate your rights or obligations under these Terms and Conditions, in whole or in part, without Our prior written consent. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario, or any other judicial district or jurisdiction as We may determine in any and all actions, disputes, or controversies relating hereto.

INQUIRIES
If you have any questions, comments, complaints or concerns or require more information about these Terms and Conditions, please contact info@35.234.243.85 or write to us at:

genifi inc.
80 Richmond Street West
Suite 1401
Toronto, Ontario
Canada M5H 2A3