1. Use of the Website
The website may be used only by persons in the provinces and territories of Canada and for lawful purposes only. Novel’s services referenced on the website are available only in Canada and are not intended for or available to persons who reside outside of Canada. Access to the website from locations where the website is illegal is prohibited. Persons who use the website must inform themselves about and observe the laws that apply in the jurisdictions where they are accessing the website. The website may be used only by individuals who have reached the age of majority in their jurisdiction of residence, can form legally binding contracts under applicable law, and have agreed to the Terms.
2. No Advice, Offer or Solicitation
The information on the website is intended for general information purposes only and is not intended to constitute insurance, investment, financial, securities, legal, tax, accounting or other professional or expert advice or recommendations. The information on the website has not been prepared taking into account specific investment objectives, financial situations or needs of any particular individual, and therefore may not be suitable for you. You should not rely on the information on the website for investment, financial, securities, legal, tax, accounting or other professional or expert advice or recommendations. We recommend that you directly consult your financial professional or other advisors before acting or omitting to act based on any information on the website. The information on the website is provided with the understanding that Novel is not acting in a fiduciary capacity by providing said information. The information on the website does not constitute a solicitation, offer or recommendation to buy or sell any securities.
3. No Instructions
The website may not be used to give instructions to Novel or any other person regarding any matter.
4. Accuracy and Completeness of Information
Novel endeavours to provide accurate information and up to date information on the website, but errors may occur and information may become out of date. We do not guarantee the accuracy, completeness, or timeliness of the information on the website. You may obtain complete and up to date information about the products, services and other matters referenced on the website by contacting our offices, or the sources that have been referenced on this website.
5. Forward-Looking Statements
Certain documents and information on the website may contain forward-looking statements. Actual results may be materially different from results expressed or implied by such forward-looking statements. We disclaim any obligation to update or revise any forward-looking statements. Past performance is no guarantee of future performance.
You are solely responsible and liable for setting-up, maintaining and regularly reviewing security arrangements concerning your use of the website. You will not do anything that might compromise the security of the website or the systems or security of any other users of the website. Email is not secure or confidential unless properly encrypted. We recommend that you do not use email to send us confidential information. If you send us any confidential information by email, you do so at your own risk. We are not responsible or liable to you or any other person for any loss or damage suffered because of your use of email to communicate with us, or our use of email to communicate with you or other persons at your request.
The use of the website is at your own risk. The website is provided on an “as is” and “as available” basis, without any representations, warranties or conditions of any kind, whether express or implied including, without limitation, implied representations, warranties or conditions of merchantability, fitness for a particular purpose, title, or non-infringement of intellectual property rights, other than those warranties which are implied by and are incapable of exclusion, restriction or modification under the laws of those jurisdictions which do not allow such exclusion, restriction or modification of implied warranties. Without limiting the generality of the foregoing, Novel makes no representation, warranty, condition or guarantee that: (i) the website will be compatible with your computer and related equipment and software; (ii) the website will be available or will function without interruption or will be free of errors or that any errors will be corrected; (iii) the website will meet your requirements; (iv) the information available on, through or connected with the website will be timely, uninterrupted, sequential, accurate, authentic or complete; (v) certain or any results may be obtained through the use of the website; and (vi) the use of the website will be free of viruses, trojan horses, worms or other destructive or disruptive components. Novel disclaims all liability regarding such matters to the fullest extent permitted by law.
8. Limitation of Liability
Under no circumstances, including but not limited to, negligence, tortuous action or any other cause of action, shall Novel be liable for any direct, indirect, special, incidental, consequential or punitive damages, or any other damages whatsoever including, without limitation, lost revenues, lost profits or loss of prospective economic advantage, resulting from the use of the website, or the inability to access or use the information on the website, even if Novel is advised of the possibility of such damages or such damages are reasonably foreseeable, other than those consequential or incidental damages which are incapable of exclusion, restriction, or modification under the laws of those jurisdictions which do not allow such exclusion, restriction or modification of liability for consequential or incidental damages, in which case, in no event shall Novel’s total liability for any and all damages and causes of action exceed the amount paid by you, if any, for the use of the website.
You agree to indemnify, defend and hold Novel harmless from and against all liabilities, expenses and costs including, without limitation, reasonable legal fees and expenses, incurred by us in connection with any claim or demand arising out of, related to, or connected with your use of the website, your breach of the Terms, or any wrongful conduct by you or any person for whom you are responsible. You will assist and co-operate as fully as reasonably required by us in the defence of any such claim or demand.
11. Links to other Websites
The websites linked to this website are not under the control of Novel. Links to other websites are for convenience and information purposes only. Novel has not verified the content of any such websites, nor does it guarantee the accuracy of information contained on such websites and is not responsible for and makes no representations, warranties or conditions concerning the contents of any linked website or any link contained in a linked website. Following links to any other websites shall be at your own risk and we are not responsible or liable for any damages or in any way in connection with linking. The inclusion of any link does not imply endorsement, investigation or verification by Novel of any third party products, services or information provided on the linked website.
12. Ownership and Intellectual Property Rights
The website and all content (including all text, graphics, logos, and images) available on or through the website are the property of Novel, and others, and are protected by Canadian and international copyright, trademark and other laws. Your use of the website does not transfer to you any ownership or other rights in the website or its content. The website and its content are made available to you for your lawful, personal use only. You may use the website only in the manner described expressly in the Terms and subject to all applicable laws. Using the website for any other purpose or in any other manner is strictly prohibited. You may print the pages of the website for your personal use if you do not modify any of the content and you do not remove or alter any identification, marks, notices, or disclaimers. You may not copy, reproduce, republish, upload, post, transmit, modify or sell otherwise distribute the website or any part of the website in any way without our prior written permission.
Novel reserves the right to cease, suspend or interrupt operation of or access to the website or any part of it, and is not required to provide any notice in respect to any such cessation, suspension or interruption of access, nor shall Novel have any liability for such cessation, suspension or interruption of access. Novel is under no obligation to monitor the website and assumes no responsibility or liability should its content be modified or altered in any way without Novel’s consent. The failure of Novel to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed to be severed from the rest of the Terms and will not affect the validity and enforceability of any remaining provisions.
14. Governing law
These Terms shall be governed by the laws of Ontario and the federal laws of Canada, applicable therein, and you agree to be bound by the laws of these jurisdictions. The courts of Manitoba have exclusive jurisdiction in relation to any disputes in connection with this website. You agree to submit and attorn to the exclusive jurisdiction of those courts in respect of such disputes.
15. Accounting services
Any services which could be deemed to be Public Accounting services, under the Public Accounting Act, 2004, will be outsourced by Novel to appropriate entities.