Terms & Conditions
(Last updated: 05/14/2020)
The following Terms and Conditions govern and apply to your use of or reliance upon this website maintained and operated by Modelyze Investments Inc. (the "Website"). Throughout the site, the terms “Modelyze Investments”, “Modelyze”, “We”, “Us” and “Our” refer to Modelyze Investments Inc.
Your access or use of the Website including all information, tools, models, research and services available from this site to you, the user, indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. By visiting this site and/or purchasing something from us, you engage in our "Services" and agree to the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. Any new features or tools which are added to the current store, Modelyze Store as well as Plans and Pricing, shall also be subject to the Terms and Conditions. Plans and Pricing, Modelyze Store and our website are hosted using Wix. Wix provides us with the online e-commerce platform that allows us to sell our products and services to you. Users of the site include without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
We reserve the right to change, update or replace any part of these Terms and Conditions at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance to the revised Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. The sections and headings of the Terms and Conditions are for convenience only and shall not limit or affect the Terms.
1. Age Restriction
The Website or any services is not available to any person who is a minor based on applicable law. Your access or use of this Website or services indicates that you are not a minor. We assume no responsibility or liability for any misrepresentation of your age.
2. Intellectual Property, Copyright And Trademark
All intellectual property on the Website (except for User Generated Content, as defined below) is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks, trade names, patents and copyrights are owned, registered and/or licensed by us. All content on the Website (except for User Generated Content, as defined below), including but not limited to application development, financial models, business and technical methodologies, and implementation and business processes, used by Modelyze Investments to develop or provide the services and materials, text, software, code, designs, graphics, photos, sounds, videos, interactive features and any and all updates, enhancements, customizations, revisions, modifications, future releases and any other changes relating to any of the foregoing is a collective work under Canadian and other copyright laws and is the proprietary property of the Company, Modelyze Investments Inc.; All rights reserved. We update this Website continuously. Except for the limited access and use rights granted to you under these Terms, you do not acquire any interest in Modelyze Investments’ Services or Company Materials.
3. Company Materials And Services
We may provide you with certain information as a result of your use of the Website including, but not limited to, documentation, data, models or information developed by us, and other materials which may assist in the use of the Website or Services ("Company Materials"). The Company Materials may not be used for any other purpose than the use of this Website and the services offered on the Website. Nothing in these Terms and Conditions may be interpreted as granting any license of intellectual property rights to you.
4. User Generated Content
"User Generated Content" is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users post or otherwise make available on or through the Website, except to the extent the content is owned by us. There is currently no user generated content on this Website.
5. Modifications to Services and Company Materials
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Modelyze Investments Services (or any part or content thereof) or Company Materials without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services or Materials.
6. Accuracy, Completeness And Timeliness of Information
We are not responsible if information made available on the Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the only ground for making decisions without analyzing primary, more accurate, more complete or more recent sources of data. Anyone using the Company Materials, reports, financial models or the opinions expressed therein takes sole responsibility for whatever results may be achieved from whatever use of the information was put to.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website.
7. Comments And Feedback
When you make a comment, suggestion, enhancement request, feedback or recommendation, you agree that Modelyze Investments can use any suggestions, enhancement requests, feedback, recommendations or other information provided by you or any of the users relating to the Modelyze Investments Services or the Company Materials without any restriction or obligation to you. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
8. Account And Account Use
If your use of the Website requires an account identifying you as a user of the Website (an "Account"):
a) you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;
b) you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and
c) you agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
9. Pricing, Payments, and Refunds
All pricings for products are listed in Canadian dollars. A currency convertor is provided on Plans and Pricing page of the Website. International customers are required to take delivery of the Services and Company Materials outside of Canada. Modelyze Investments reserves the right to change product prices at any time without notice. Pricing policies are subject to change without notice.
When you make a purchase on the Website, you agree to provide a valid instrument to make a payment and to update purchase and account information including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for. Modelyze Investments works with third-party payment processing partners such as Stripe to offer you the most convenient payment methods and to keep your payment information secure.
When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment instrument you designate for the transaction and to bill such credit card at the time that you order the Modelyze Investments Services or the Company Materials set forth in the Order Form or Service Agreement, for any billing frequency otherwise established in the Order Form or Service Agreement, and at the time of any renewal, for the amount charged plus any applicable sales taxes for any renewed Subscription Term. If we permit you to make payment using a method other than a credit card, we will invoice you at the time of the initial Order Form or Service Agreement and thereafter on an agreed upon billing period, and all such amounts invoiced will be due within ten (10) days of your receipt of Modelyze Investments' invoice. The fees for Services and the Company Materials are set forth in the Order Form or Service Agreement and are payable in advance, irrevocable and non-refundable except as set forth in the Order Form or Service Agreement and these Terms. You also authorize us to collect and store that funding instrument, along with other related transaction information. When you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.
We may cancel any transaction if we believe the transaction violates these Terms, or if we believe doing so may prevent financial loss. In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third-parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law. Payment for any on-going services is billed automatically until notification that you would like to terminate your access to the services subject to on-going services policies.
If your payment method fails and you still get access to the products and services, you agree to pay us the corresponding fees within ten (10) days of notification from us. We reserve the right to disable access at any time for which we have not received adequate payments.
Due to the nature of the digital products and downloads, no refunds are provided. Please read product descriptions and details prior to purchase.
10. Sale Of Goods And Services
We sell digital goods or services on the Website. We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk. As our products are digital downloads, we make every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
Certain products or services may be available exclusively online through the online store. These products or services may have limited quantities and are subject to return or exchange only according to Pricing, Payments and Refunds section of the Terms and Conditions.
We reserve the right to refuse service to anyone for any reason at any time and to refuse any order you place with us. We reserve the right, but are not obligated, to limit the sales of the Company Materials or Services to any person, geographical region or jurisdiction. We may exercise this right separately, each according to the facts of the particular situation. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services or the Company Materials will be corrected. We reserve the right to prohibit orders that based on our judgement is placed by distributors, dealers and re-sellers. In the event of order cancellation, we may notify you by contacting the email or contact information provided during purchase and checkout.
11. Shipping/Delivery/Return Policy
You will ensure payment for any items you purchase from us. Prices indicated on the Website are subject to change. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us. If we do so after payment has been processed, we will issue a refund to you only for non-digital goods in the amount of the purchase price. We also may request additional information from you prior to confirming a sale, and we reserve the right to place any additional restrictions on the sale of any of our products. Our products are digital downloads and no shipping applies. For the sale of digital products, we will charge your credit or debit card when the product is made available to you for digital use and/or download. For any questions you agree to contact us in a timely manner at: email@example.com.
Modelyze Investments has no tolerance for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at our discretion. A charge of $20.00 per chargeback will be assessed to all accounts that receive a chargeback.
Unless a different Term is specified in a signed Order Form or Service Agreement between you and Modelyze Investments, the initial Term of your subscription to the Company Materials and Services will begin on the submission or execution of your Order Form or Service Agreement and shall continue until the subscription is terminated. Either party may terminate the Subscription Term to Services by providing prior written notice of non-renewal to the other party at least 30 days prior to the end of the then-current Subscription Term. Modelyze Investments' termination rights are in addition to any termination or suspension rights it may have under these Terms or any incorporated policy. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to Services and the Company Materials (or any part thereof).
Upon termination of the Subscription Term, all fees then due and payable to Modelyze Investments must be paid in full. The provisions of these Terms which by their nature are intended to survive expiration or termination, including but not limited to obligations concerning confidentiality, protection of intellectual property, indemnification and payment of unpaid fees and expenses, shall survive any termination.
Subject to these Terms, Modelyze Investments grants to you during the Subscription Term the non-transferable (except as permitted below), non-exclusive right to permit you, the user, to access and use the Modelyze Investments Services (and any Company Materials provided to you) to allow you to perform functions that the services is designed to perform, subject to the following: (i) you may not use the Services on behalf of third-parties; (ii) a separate agreement between you and Modelyze Investments must permit use of the Services on behalf of your third-party users (and in such case limited to use on behalf of third-party users for whom you have purchased access and use rights); (iii) except as expressly permitted herein or in a separate partner agreement between you and Modelyze Investments, you may not distribute, sell, rent, license, lease, transfer, assign, display, host, outsource otherwise commercially exploit or make the Modelyze Investments Services or the Company Materials available to any third-party; (iv) you must conform with the restrictions set forth in the Order Form or Service Agreement for the level of subscription you purchased when using the Services (we may monitor your compliance with these limits; if we detect overuse, we require that you upgrade to the appropriate higher subscription level).
We may run promotions occasionally through the use of promotional codes at checkout. These promotional codes are designed by Wix for use in our store. These promotions are available for a limited period of time or to certain Pricing Plan subscribers. The price applicable to a product will be the price at the time you complete your purchase at checkout. Product prices may be different when you are logged into your account from the price available to users who aren’t registered members or logged in, because some of our promotions may be available to website members/logged-in users only.
14. Acceptable Use
You agree not to use the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of Modelyze Investments Inc.
You further agree not to use and/or access the Website: a) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or threaten others or otherwise violate any person's legal rights; b) to violate any intellectual property rights of us or any third-party; c) to upload or otherwise disseminate any computer viruses or other software or any type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet which may damage our property or the property of another; d) to perpetrate any fraud or to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; e) to engage in or create any unlawful gambling, sweepstakes, or pyramid scheme; f) to spam, phish, pharm, pretext, spider, crawl, or scrape; g) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet; h) to publish or distribute any obscene or defamatory material; i) to publish or distribute any material that incites violence, hate or discrimination towards any group; j) to unlawfully gather information about others; k) to not use the Website for prohibited or unlawful purposes; l) to not have been previously suspended or removed from the website by Modelyze Investments; m) to not be a minor based on applicable law; n) to be in compliance with any and all applicable laws and regulations upon registration with the Website; o) to not submit false or misleading information; and p) to not have been suspended or removed from the website by Modelyze Investments. We reserve the right to suspend, remove or terminate your use of the Website and access to Services and Company Materials or any related website for violating any of the prohibited uses.
15. Protection Of Privacy
When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Depending on how you use our Website, we may also receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
We use the information gathered from you to ensure your continued good experience on our website, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.
If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address.
If you choose to terminate your account, we will store information about you for a reasonable period of time to be determined by us in accordance with applicable federal and provincial laws. After this period, all information about you will be deleted.
16. Assumption Of Risk
The Website is provided for communication purposes only. You acknowledge and agree that any information posted on our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and Modelyze Investments Inc. You further agree that your purchase of any of the products on the Website is at your own risk. We do not assume responsibility or liability for any advice or other information given on the Website.
17. Reverse Engineering & Security
You may not undertake any of the following actions:
a) modify, make derivative works of, disassemble, reverse engineer, or attempt to reverse engineer or disassemble any code, software or Company Materials from or on the Website or access or use the Services or Company Materials in order to build a similar or competitive product or service;
b) violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network; and
c) use the interface display and usability platform, including but not limited to, the layout, color scheme, HTML pages and source code, etc. for any purpose outside of the intended design and implementation of your authorized use of the Services and Company Materials. Any replication or use of any aspect of such materials or other Modelyze Investments’ application for any purpose designed or intended to compete with Modelyze Investments' solutions is strictly prohibited.
18. Data Loss
We are not responsible for the security of your Account or Content. Your use of the Website is at your own risk.
You defend and indemnify Modelyze Investments Inc. and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defence, if we wish to so.
20. Spam Policy
You are strictly prohibited from using the Website or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
21. Third-Party Links & Content
We may occasionally post links to third-party websites or other services. Inclusion of such links does not constitute referrals or endorsements of the linked entities. We are not responsible or liable for any loss or damage caused as a result of your use of any third-party services linked to from our Website. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, contents, or any other transactions made in connection with any third-party links. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites. Please review third-party’s policies and practices carefully. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the prior, effective version of these Terms and Conditions be considered enforceable and valid to the fullest extent and the ineffective part or sub-part will be limited to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
23. Service Interruptions
We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the we will have no liability for any damage or loss caused as a result of such downtime.
24. Termination Of Account
We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Website, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Website or our or any third-party's equipment or network is impaired by your use of the Website, any amount is past due from you to us, we have received a third-party complaint which relates to your use or misuse of the Website, or you have been or are in breach of any term or condition of these Terms and Conditions. We will have no responsibility to notify any third-party, including any third-party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website.
Modelyze Investments may terminate the Services or access to Company Materials if the billing or contact information provided by you is false or fraudulent. Modelyze Investments also reserves the right, in its discretion, to suspend or cancel your access and/or use of the Modelyze Investments Services: (i) if any payment is due but unpaid under any Order Form or Service Agreement or account associated with you and you have been requested but failed to promptly cure such payment failure; or (ii) in the event a dispute arises on your account as to who at your business has authority to act or manage your account. You agree that Modelyze Investments shall not be liable to you nor to any third-party for any suspension or cancellation of the Modelyze Investments Services resulting from your non-payment of fees or from a dispute as to the management rights to your account.
25. No Warranties
Your use of the Website is at your sole and exclusive risk and any services provided by us are on an "as is" basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website will meet your needs or that the Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility and we are not liable for any such damage or loss.
27. Limitation On Liability
We are not liable for any damages that may occur to you as a result of your use of the Website, to the fullest extent permitted by law. The maximum liability of Modelyze Investments Inc. arising from your use of the Website is limited to one ($1) Canadian Dollars. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
All research reports, financial models, videos, documents, Modelyze Investments Services and Company Materials are subject to this disclaimer.
29. Force Majeure
Excluding your obligation to pay our fees, Modelyze Investments and Website users will not be responsible for failure to perform due to causes beyond their control.
30. Governing Law
The Terms and Conditions and any separate agreements between you and Modelyze Investments is governed by and construed in accordance with the laws of British Columbia, Canada.
The failure of either party to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. These Terms and any policies or operating rules posted by us on this site or in respect to The Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
“Modelyze Investments” means Modelyze Investments Inc.
"Company Materials" or “Materials” means any documentation, data, financial models, research reports, information or other similar materials or products provided by Modelyze Investments to you in connection with your use of Services.
"Order Form" means any online or written subscription order form, purchase form or contract for the Modelyze Investments Services submitted by you either during an online subscription or purchase process or separately signed by you and submitted to Modelyze Investments, and any future purchase order, contract, or order form that makes reference to these Terms.
"Service Agreement" means any electronic or written signed agreement you have entered into for the provision of services by Modelyze Investments.
"Subscription Term" means the usage term for the Modelyze Investments Services set forth on your Order Form or Service Agreement and any additional renewals of such term.
33. Contact Information
If you have any questions, you may Contact Us.