Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE WEBSITE OR APPLICATION AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, LICENSE, AND OBLIGATIONS.

 

INTRODUCTION

These Terms of Service (“Terms”) constitute a legal agreement between you (“user” or “you”) and Bini Inc. (“Bini”, “we”, “us” or “our”) and govern your use of our website (wearebini.com), including all linked sites, tools and services (“Services”).

By using our Services you agree to be bound by these Terms, including any additional terms and policies referenced herein or available by hyperlink. If you do not consent, refrain from using our Services. 

AGE REQUIREMENTS

By agreeing to these Terms, you represent that you are at least the age of majority in your province or territory of residence in Canada, which is either 18 or 19 years old, depending on the province or territory. If you are under the age of majority, you may use our Services only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms.

LICENSE GRANT AND RESTRICTIONS ON USE

Bini hereby grants the user a limited term, non-exclusive, non-transferable, non-sublicensable license to use the Services for legitimate purposes in accordance with the Terms and your membership status.

You agree not to misuse our Services. Your use of the Services is subject to these Terms, including without limitation, the following restrictions and limitations. You shall not:

  • copy (except as expressly permitted by these Terms or applicable law), decompile, re-engineer, reverse engineer, disassemble, attempt to derive the source code of, modify, manipulate, alter or create derivative works of the Services, any updates, or any part thereof;
  • interfere with or disrupt any user, host, or network forming any part of the Services;
  • access or search the Services by any means other than the supported interfaces made available to you;
  • exploit the Services in any unauthorized way whatsoever, including but not limited to, trespass or burdening network capacity;
  • engage in unusually high usage of the Services or employ any automated programs such as bots or clones that may impair our ability to provide the Services to other customers and/or indicate misuse of the Services;
  • use any part of the Services for the purposes of competing, directly or indirectly, with Bini;
  • use the Services in any way that:
    • is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
    • transmits, sends or uploads any data material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
    • accesses without authority, interferes with, damages or disrupts any part of our:
      • Services;
      • equipment or network on which our Services are stored;
      • software use in the provision of our Services; or
      • equipment or network or software owned and used by any third party.

Any attempt to do any of the foregoing is a violation of these Terms. If you breach these Terms, you may be subject to prosecution and damages and we may, at our sole discretion, terminate and/ or bar you from accessing our Services immediately.

To the extent you choose to access our Services, you do so at your own risk and initiative. You may use the Services for lawful purposes only and only in accordance with these Terms. You are solely responsible for obtaining and maintaining all necessary consents required for you to use our Services and provide any material or other information in relation thereto, and for complying with any and all laws, rules, regulations and other obligations that may apply to your use of the Services, including any and all applicable privacy laws.

You acknowledge that Bini shall have no obligation to monitor any activity associated with access to or use of the Services, but it has the right to do so if it chooses in order to secure and improve the Services, for fraud prevention, risk assessment, investigation, customer support and to ensure compliance with these Terms, or as it otherwise sees fit. Bini reserves the right to take any action against a user that we may deem appropriate including but not limited to: issue a warning, refuse service, and otherwise terminate your right to use the Services at any time in our sole and absolute discretion, for any or no reason, including without limitation, if in Bini’s opinion you have failed to comply with any provision of these Terms or for any illegal or criminal behavior. 

INTELLECTUAL PROPERTY RIGHTS

All content on our Services—including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software—is the property of Bini or its content suppliers and is protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights (collectively, “Intellectual Property Rights”).

You agree that these Terms convey a limited license to use Bini’s Intellectual Property Rights, solely as part of your use of the Services (and not independently of it), and only for the effective term of the license granted to you hereunder. Accordingly, your use of any of Bini’s Intellectual Property Rights independently of the Services or outside the scope of these Terms shall be considered an infringement of Bini’s Intellectual Property Rights. This shall not limit, however, any claim that Bini may have for a breach of contract in the event you breach a term or condition of these Terms. You shall use the highest standard of care to safeguard all Services (including all copies thereof) from infringement, misappropriation, theft, misuse or unauthorized access. Except as expressly granted in these Terms, Bini reserves and shall retain all rights, title, and interest in and to the Services, including but not limited to all copyrights and copyrightable subject matter, trademarks and trademark able subject matter, patents and patentable subject matter, trade secrets, and other Intellectual Property Rights, whether registered, unregistered, granted, applied-for, or both now in existence or that may be created, relating to the thereto.

 

By submitting any content to Bini, including comments, feedback, suggestions or other materials (“User Content”), you assign any and all rights you have in such User Content to Bini, which has a right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content throughout the world in any media. 

You represent and warrant that your User Content does not violate any laws or infringe upon the rights of any third party, including intellectual property rights, privacy rights, or personal rights. You agree not to submit content that is defamatory, libelous, offensive, unlawful, or contains any computer virus or other malware that could affect the operation of the Services or any related website.

FEES

We offer various subscription models with associated fees, which are clearly outlined during the registration process. Payment terms, including billing cycles, payment methods, and cancellation policies, are specified at the point of purchase and are subject to change with prior notice to you.

NO WARRANTIES

EXCEPT AS SET OUT IN THESE TERMS, THE SERVICES ARE PROVIDED TO THE USER ON AN “AS IS” BASIS, WITHOUT WARRANTIES FROM BINI OF ANY KIND, EITHER EXPRESS OR IMPLIED. BINI EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, TITLE AND NON-INFRINGEMENT. BINI DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.

DISCLAIMER

BINI IS NOT A TAX ADVISOR, BROKER, FINANCIAL ADVISOR OR INVESTMENT ADVISOR. THE SERVICES ARE NOT INTENDED TO PROVIDE TAX, LEGAL, FINANCIAL OR INVESTMENT ADVICE, AND NOTHING ON THE SERVICES SHOULD BE CONSTRUED AS AN OFFER TO SELL, A SOLICITATION OF AN OFFER TO BUY, OR A RECOMMENDATION FOR ANY SECURITY. YOU ACKNOWLEDGE THAT NO CONTENT PUBLISHED ON THE SERVICES CONSTITUTES A RECOMMENDATION THAT ANY SECURITY, PORTFOLIO OF SECURITIES, TRANSACTION OR INVESTMENT STRATEGY IS SUITABLE FOR ANY SPECIFIC PERSON. YOU FURTHER ACKNOWLEDGE THAT BINI IS NOT ADVISING YOU PERSONALLY CONCERNING THE NATURE, POTENTIAL, VALUE OR SUITABILITY OF ANY SECURITY, PORTFOLIO OF SECURITIES, TRANSACTION, INVESTMENT STRATEGY, OR OTHER MATTER. TO THE EXTENT THAT ANY OF THE CONTENT PUBLISHED ON THE SERVICES MAY BE DEEMED TO BE INVESTMENT ADVICE OR RECOMMENDATIONS IN CONNECTION WITH A PARTICULAR SECURITY, SUCH INFORMATION IS IMPERSONAL AND NOT TAILORED TO THE INVESTMENT NEEDS OF ANY SPECIFIC PERSON. YOU UNDERSTAND THAT AN INVESTMENT IN ANY SECURITY IS SUBJECT TO A NUMBER OF RISKS, AND THAT CONTENT RELATED TO ANY SECURITY PUBLISHED ON THE SERVICES WILL NOT CONTAIN A LIST OR DESCRIPTION OF RELEVANT RISK FACTORS.

YOU ACKNOWLEDGE AND AGREE THAT WHEN YOU VIEW INVESTMENT-RELATED CONTENT ON THE SERVICES, YOU ARE DOING SO AT YOUR OWN RISK. THE PURCHASE AND SALE OF ANY SECURITY OR PORTFOLIO OF SECURITIES IS INHERENTLY RISKY AND CAN RESULT IN IMMEDIATE AND SUBSTANTIAL LOSSES OF THE CAPITAL INVESTED. IN ADDITION, YOU UNDERSTAND AND AGREE THAT, WHEN USING ARTIFICIAL INTELLIGENCE TECHNOLOGIES, OUTPUT GENERATED FROM THE SERVICES MAY NOT ALWAYS BE ACCURATE. THEREFORE, YOU MUST EVALUATE ANY OUTPUT FOR ACCURACY FOR YOUR USE CASE AND SHALL NOT RELY ON ANY OUTPUT GENERATED FROM THE SERVICES AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

LIMITATION OF LIABILITY

Notwithstanding any damages that you might incur, the entire liability of Bini any of its suppliers under any provision of these Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Services, if any. 

Except where such exclusions are prohibited by law, in no event shall Bini or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Services, third-party software and/or third-party hardware used with the Services, or otherwise in connection with any provision of these Terms), even if Bini or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Bini and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to: i) your use or misuse of the Software; ii) your failure to comply with any applicable law, regulation, or government directive; iii) your breach of these Terms; or iv) any claim or allegation that your use of the Services infringes the intellectual property or other proprietary rights of Bini or any third party.  Furthermore, you agree that Bini assumes no responsibility for the information or content you submit or make available through this Software or the content that is made available to you by third parties.

TERMINATION

Either party may terminate this agreement at any time. You may terminate these Terms by notifying us that you no longer wish to use our Services or when you cease using our site. We reserve the right to terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including but not limited to a breach of these Terms.

Upon termination:

  • Your right to use the Services will cease immediately.
  • All provisions of the Terms which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
  • We are not liable to you or any third party for any termination of your access to the Services.

GOVERNING LAW

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada, without regard to its conflict of law provisions. You expressly agree that the courts in the Province of Ontario, have exclusive jurisdiction over any claim or dispute with Bini or relating in any way to your use of the Services. You expressly agree that, in the event that there is a dispute under these Terms and such dispute is to be resolved in a court of law, such dispute shall not be resolved by jury trial and you hereby waive any right to trial by jury.

MODIFICATIONS TO THE TERMS

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes on our website.

It is your responsibility to check our website periodically for changes. We will notify you of significant changes by updating the “Last Updated” date at the bottom of these Terms and, if appropriate, provide additional notice (such as adding a statement to our homepage or sending you a notification). Your continued use of or access to our website or the Services following the posting of any changes constitutes acceptance of those changes.

THIRD-PARTY LINKS AND SERVICES

Our Services may contain links to third-party websites, tools or services that are not owned or controlled by Bini. These links are provided for your convenience only. We have no control over and assume no responsibility for:

  • The content, privacy policies, or practices of any third-party websites or services.
  • Any third-party materials or websites, or for any other materials, products, or services of third parties.

You acknowledge and agree that we provide access to such services “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement.

ASSIGNMENT

You may not assign, transfer or delegate these Terms and your rights and obligations hereunder without Bini’s written consent. Bini may without restriction assign, transfer or delegate these Terms and any rights and obligations hereunder at its sole discretion.

PRIVACY

Your submission of personal information in connection with your access to the Services is governed by our Privacy Policy. Privacy Policy  

SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable by a court of competent jurisdiction, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions.

ENTIRE AGREEMENT AND WAIVER

These Terms, along with any policies or operating rules posted by us on this site or in respect to the Services, constitute the entire agreement and understanding between you and Bini. This agreement supersedes and replaces any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of the Terms).

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

LANGUAGE AND CLARITY

We strive to use clear and understandable language in these Terms to make them accessible to all users.

While we have taken care to remove any ambiguous terms or phrases that could lead to misunderstandings, any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. If you have any questions or need clarification on any part of these Terms, please contact us.

ACCESSIBILITY

These Terms are easily accessible on our website and within our mobile application. You can find them in the footer section of our website or within the menu options of our mobile application under “Terms of Service.”

CONTACT INFORMATION

If you have any questions, concerns, or comments about these Terms, or if you need assistance, please contact us at the following email address: [email protected].

DATE OF LAST UPDATE

This page was last updated on November 7, 2024.