Evree Terms of Service

Evree Corp. (“Evree,” “we,” “us,” “our”) welcomes you to its website located at www.evree.ca (the “Website”). Please read the following Website terms of use (“Terms of Use”) before using the Website or any services that may be made available through the Website, including the Evree platform which includes our application and online platform (the “Services”).

By accessing and using the Website or Services, you agree to be bound by all the Terms of Use set forth herein. If you do not agree with these Terms of Use, your sole recourse is to leave the Website immediately. A copy of these Terms of Use may be downloaded, saved and printed for your reference.

  1. OWNERSHIP / RESTRICTIONS ON USE. The Website and Services are owned and operated by Evree. Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including, without limitation, the “look and feel” of the Website (collectively, the “Content”) contained in this Website and Services are proprietary to Evree, its affiliates and/or third-party licensors. The Content is protected by Canadian, United States and international copyright and trademark laws.
    Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of Evree. You may download, print and reproduce the Content for your own non-commercial, informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and to cite the URL source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Evree. To obtain written consent for such reproduction, please contact us at [email protected]
  2. REGISTRATION AND PASSWORDS. To access certain portions of the Website or the Services, including your account, you may be asked to complete an online registration form. In consideration for your use of this Website and the Services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website or the Services may direct you, and to update that registration information as soon as possible after any information on such registration form changes.
    Upon registration, you will choose a username and password. You alone are responsible for keeping that password and username confidential, and for any and all activity that occurs on this Website or the Services under such password or username. You agree to immediately notify Evree of any unauthorized use of your password or username or any other breach of security.
  3. LINKING. It is our goal to provide increased value to visitors to the Website. Therefore, the Website or Service (including online advertisements) might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from Evree and that Evree has no control over the content of such websites. Consequently, Evree cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites.
    The links which we might place on our Website or the Services do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.
  4. MARKETING OFFERS. In connection with your use of the Website or Services, we may send you marketing offers about third party financial products or services that may be of interest to you (“Third Party Offers”). Evree makes no representations or guarantees regarding your eligibility or qualification for such Third Party Offers. If you have any questions regarding any Third Party Offers, you must contact the third party directly. You understand and agree that Evree is merely providing you with information on Third Party Offers that may be of interest to you, and that Evree has no control over or responsibility for the Third Party Offers or any loss that you may suffer as a result of the use of such Third Party Offers. You should exercise your own judgment and obtain any expert advice you consider necessary prior to entering into an arrangement with a third party.
  5. USER CODE OF CONDUCT. As a condition of your continued access to and use of this Website or the Services, you agree to abide by all applicable federal, provincial, state, territorial and other laws and regulations and the “Code of Conduct” set forth below. Specifically, in addition, without limiting the foregoing, you agree not to:
    1. upload, post, email or otherwise transmit any material that:
      1. constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
      2. infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;
      3. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable, or an unfair product comparison; or
      4. contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
    2. harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Website or Services, including email addresses, without the express consent of such users;
    3. for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Website or Services;
    4. attempt to gain unauthorized access to the Website or Services, other computer systems or networks connected to the Website, through password mining or any other means;
    5. interfere with or disrupt networks or servers connected to the Website or Services or violate the regulations, policies or procedures of such networks; and
    6. use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information or any portion thereof other than in the context of your use of the Website or Services.
  6. DISCLAIMER / LIMITATION OF LIABILITY.THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
    Although we strive to update and keep accurate as much as possible the Content contained on the Website or Services, errors and/or omissions may occur and we cannot guarantee it is accurate and complete at all times.
    ACCORDINGLY, THIS WEBSITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. EVREE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EVREE DOES NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
    IN NO EVENT SHALL EVREE, ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, ANY CONTENT OR SERVICES (INCUDING THIRD PARTY OFFERS), EVEN IF EVREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF ANY CONTENT.
  7. NO ADVICE. Information on this site is for informational purposes only and does not constitute financial, legal or other advice to you and should not be relied upon in that regard.
  8. INDEMNITY. You agree to indemnify and hold harmless Evree, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your (or anyone acting under your password or username) use of this Website or Services, connection thereto, or any alleged violation by you of these Terms of Use, including, without limitation, the Code of Conduct and Third Party Offers.
  9. PRIVACY. Please review our Privacy Policy for information on the manner in which we collect, use, disclose and otherwise manage your personal information.
  10. CONTESTS. From time to time we may offer and/or co-sponsor contests or promotions on the Website or the Services. Each of these activities shall be governed by specific rules accessible from the pages of the Website or Services offering the promotion or when you submit your entry.
  11. ACCESS TO BANK ACCOUNTS. Evree’s technology partner for bank account verification is Flinks Technology, Inc. (“Flinks”) and enabled by the Flinks API (“Flinks Service”) from within the Evree application and website. You authorize Flinks to access and log-in to your Linked Bank Account that you connect to your Evree account on your behalf as your agent using the credentials that you provide to us, including usernames and passwords for the purpose of coaching financial wellness. Your use of bank account verification enabled by the Flinks Service from within the Evree software platform is subject to the following terms.
    1. Proprietary Rights. You are permitted to use information, data or other materials delivered to you through the Flinks Service only with the Software. You may not copy, reproduce, distribute, or create derivative works from this information, data, or other materials. Further, you agree not to reverse engineer or reverse compile any of the Flinks Service technology.
    2. Content You Provide. You are licensing to Evree Corp. (“Evree”) and Flinks Technology, Inc. (“Flinks”), any data, passwords, or other information (collectively, “Content”) you provide through or to the Flinks Service. Evree and Flinks may use, modify, display, distribute and create new material using such Content only to provide the Flinks Service to you. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, Evree and Flinks may use the Content for the purposes set out above.
    3. Third Party Accounts. By using the Software and the Flinks Service, you authorize Evree and Flinks to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant Evree and Flinks a limited power of attorney, and you hereby appoint Evree and Flinks as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party Internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person, only as required to provide you the Flinks Service. You acknowledge and agree that when Evree or Flinks accesses and retrieves information from third party sites, Evree and Flinks are acting as your agent, and not the agent or on behalf of the third party. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by You. You understand and agree that the Flinks Service is not endorsed or sponsored by any third party account providers accessible through the Flinks Service.
    4. Disclaimer of warranties. You expressly understand and agree that:
      1. Your use of the Flinks Service and all information, products and other content (including that of third parties) included in or accessible from the Flinks Service is at your sole risk. The Flinks Service is provided on an "as is" and "as available" basis. Evree and Flinks expressly disclaim all warranties of any kind as to the Flinks Service and all information, products and other content (including that of third parties) included in or accessible from the Flinks Service , whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
      2. Evree and Flinks make no warranty that (i) the Flinks Service will meet your requirements, (ii) the Flinks Service will be uninterrupted, timely, or error-free, (iII) the quality of any products, services, information, or other material purchased or obtained by you through the Flinks Service will meet your expectations, or (Iv) any errors in the technology will be corrected.
      3. Any material downloaded or otherwise obtained through the use of the Flinks Service is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Evree or Flinks through or from the Flinks Service will create any warranty not expressly stated in these terms.
    5. Limitation of liability. You agree that neither Evree or Flinks nor any of their affiliates, account providers or any of their affiliates will be liable for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if Evree or Flinks has been advised of the possibility of such damages, resulting from:
      1. the use or the inability to use the Flinks Service;
      2. the cost of getting substitute goods and services,
      3. any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the Flinks Service;
      4. unauthorized access to or alteration of your transmissions or data;
      5. statements or conduct of anyone on the Flinks Service;
      6. the use, inability to use, unauthorized use, performance or non-performance of any third party account provider site, even if the provider has been advised previously of the possibility of such damages; or
      7. any other matter relating to the Flinks Service.
    6. Indemnification. You agree to protect and fully compensate Evree and Flinks and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys/legal fees) caused by or arising from your use of the Flinks Service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
    7. Flinks. You agree that Flinks is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if Flinks were a party to this Agreement.
  12. CHANGES AND TERMINATION. Evree reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or Services (or any part thereof) with or without notice. Further, Evree reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of “Last Update” at the bottom of this document. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from Evree to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Use (2) any policy or practice of ours in operating the Website or (3) any Content available through the Website, is to stop visiting and using the Website.
  13. TRADEMARKS. “Evree” is a trademark of Evree. Other marks, graphics, typefaces, trademarks and logos appearing on the Website and the Services are trademarks or trade dress of Evree. All other trademarks appearing on the Website and the Services are property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.
  14. APPLICABLE LAWS. These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario.
    If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. A printed copy of these Terms of Use and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form. These Terms of Use and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and Evree with respect to the use of the Website, including the Content.
  15. NOTICE. Notices to you may be made via email or regular mail, or in cases of changes to these Terms of Use or to the services offered by the Website, by posting notices or links to such notices on the Website itself.
  16. CONTACT. If you have any questions or comments regarding these Terms of Use please contact us at [email protected]

    Last Updated March 20th, 2018