1) By accessing koho.ca or the Koho mobile application (collectively with all subpages and successor pages, the “Site”), you acknowledge these terms and conditions of use and agree to be contractually bound by them, whether or not you have read them. If you do not agree to these terms, please discontinue accessing the Site immediately.
2) We reserve the right, in our sole discretion, to modify, alter or otherwise update these terms and conditions at any time without further notice and you agree to be bound by such modifications, alterations or updates, which shall be effective immediately upon being posted on the Site. Please check these terms and conditions periodically for any changes. Your continued use of the Site following posting of the changes will indicate your acceptance of such modified terms and conditions.
3) The content of the Site is published by Koho Financial Inc. (“Koho”), a Canadian corporation.
4) The Site is only intended to provide you with general information and is neither an offer to sell nor a solicitation of an offer.
5) Information on the Site is not intended to provide legal, accounting, financial or tax advice or other professional advice, and should not be relied upon in that regard.
6) Except to the extent prohibited by law (such as for exclusions of implied warranties if you are a consumer under the meaning of the Quebec Consumer Protection Act who is a resident of Quebec (“Quebec Consumer”)), the Site is provided on an “as is” and “as available” basis, without any representations, warranties or conditions of any kind, whether expressed or implied, and including without limitation implied representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy, reliability or completeness, all of which are hereby disclaimed by Koho to the fullest extent permitted by applicable law.
7) Every effort has been made to ensure that the material contained on the Site is accurate at the time of publication, but you expressly agree that use of the Site is at your sole risk and that it is your responsibility to evaluate the accuracy, completeness and usefulness of all information provided through the Site.
8) To the fullest extent permitted by applicable laws, Koho will not under any circumstances be liable to you (except if you are a Quebec Consumer) or any other person in any way in contract, tort (including negligence), civil liability or otherwise for any loss or damages (whether direct, indirect, special, economic, incidental, consequential, punitive or exemplary, including without limitation loss of revenue, data, anticipated profits or lost business) in respect of use of, or inability to use, or any reliance on, the Site, any of its content or links (including without limitation any inaccuracies or viruses), or any web browser or other equipment or as a result of any unauthorized access to the Site or any data breach involving the Site.
9) Your use of the Site will be in compliance with all applicable laws. You will not:
- Use the Site for illegal purposes;
- Intentionally interfere with or damage operation of the Site or any other users’ enjoyment of it, by any means, including uploading or otherwise disseminating viruses, spyware, worms or other malicious code or file with contaminating or destructive features.
10) By accessing the Site, you agree to indemnify and hold harmless Koho, suppliers and their respective directors, officers and employees from and against any and all actions, proceedings, costs, claims, liabilities, damages and expenses (including reasonable legal fees) arising from or in connection with a breach of these terms and conditions or the use or misuse of the Site.
11) The contents of the Site are protected by applicable copyright and trademark laws. Unauthorized use or exploitation of such content is strictly prohibited including without limitation, unauthorized downloading, retransmission, storage in any medium, copying, redistribution, reproduction, or republication of the Site, or any part thereof, for any purpose.
12) Other sites accessed by hypertext appearing in the Site may have been independently developed by parties other than Koho. Koho does not guarantee the accuracy, integrity or quality of information contained in such other sites. Your use of such other sites is subject to the terms and conditions of use and the privacy policies contained within such other sites.
13) Links to other sites are provided for your convenience only. Koho does not control such other sites and is not responsible or liable in any way for their content. Koho’s inclusion of links to such other sites should not be taken as Koho’s endorsement or approval of such other sites, their content, the third parties named therein, or their products and services, nor is any liability assumed for incompatibility, non-suitability, viral infection or other destructive/disruptive components on or from such other sites.
15) Links to the Site without the express written permission of Koho are strictly prohibited. To request permission, please contact Daniel Eberhard at email@example.com. The framing, mirroring, scraping or data-mining of the Site or any of its content in any form and by any method is strictly prohibited.
17) No consent or waiver by either party to, or of any breach or default by, the other party in its performance of its obligations under these terms and conditions of use will be deemed or construed to be a consent to, or a waiver of, a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing.
18) If any provision of these terms and conditions or part thereof is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision or part thereof shall be deemed to be severed from the rest of these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
19) These terms and conditions are governed by the laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. By accessing the Site, except to the extent provided in Section 20, you hereby irrevocably submit and attorn to the federal courts located in the City of Toronto, Ontario for any disputes or matters arising from, connected with, or relating to the Site, these terms and conditions of use or any related matters.
20) For Quebec Consumers Only: The parties attorn to the jurisdiction of the courts of the Province of Québec and these terms and conditions of use shall be governed by an interpreted in accordance with the law of the province of Québec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein.
21) These terms and conditions of use and all related documents have been drafted in the English language at the express request of the parties. Le présent document ainsi que tous documents s’y rattachant ont été rédigés en langue anglaise à la demande expresse des parties.
22) KOHO is a trademark of Koho Financial Inc. With the exception of Peoples Trust Company and Visa Inc., the product logos or word marks appearing on www.koho.ca or within the Koho application are used to identify products/services purchased only and the rights to such trademarks are owned by the applicable vendor. Koho does not claim any affiliation with the brands, products or services listed for information on the site.