Last updated on November 9, 2022
Use of the Website
If You have a Merchant Account with us, You are responsible for protecting your account(s) and password(s) and You are responsible for the use of your Merchant Account whether it is used by You or other users (authorized or not). You must notify Kapital immediately should You suspect unauthorized use of your Merchant Account.
Kapital shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section.
You may access this Site outside of Canada. If You are outside of Canada You agree to follow all the local rules, regulations and laws pertaining to data, e-mail and privacy from the location from where You are accessing the Site.
Restrictions on User of Materials
As noted above, reproduction, copying, or redistribution of any material within the Site is strictly prohibited without the express written permission of Kapital. Any unauthorized user of any Content contained within the Site may violate copyright and trademark laws, the laws of privacy and other applicable laws and regulations. All rights are reserved.
Links to Third-Party Websites
THE CONTENT, INFORMATION AND MATERIAL INCLUDED ON THIS SITE, INCLUDING ANY THIRD-PARTY LINKS AND/OR OTHER ITEMS ARE PROVIDED “AS IS” WITH NO REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND. KAPITAL SOLUTIONS DOES NOT WARRANT THE ACCURACY, RELIABILITY, ADEQUACY OR COMPLETENESS OF ANY CONTENT, INFORMATION AND MATERIALS ON THE SITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT, INFORMATION AND MATERIALS. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH CONTENT, INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING DECISIONS IN CONNECTION THEREWITH. KAPITAL MAKES NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KAPITAL DOES NOT WARRANT THAT THE SITE, CONTENT, INFORMATION OR MATERIALS WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. KAPITAL MAY MAKE CHANGES TO THE CONTENT OR THE SITE AT ANY TIME.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR SYSTEMS ARE ABLE TO USE THE SITE AND YOU SHOULD USE ANTI-VIRUS, ANTI-SPYWARE AND FIREWALL SOFTWARE ON YOUR SYSTEMS WHEN ACCESSING THE SITE.
Limitations on Liability
KAPITAL, ITS AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR LIABILITIES, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PUNITIVE, LOSSES, OR LIABILITIES, IN CONNECTION WITH YOUR USE OF THE SITE OR YOUR RELIANCE ON OR USE OR INABILITY TO USE THE CONTENT INFORMATION, MATERIALS, PRODUCTS, SERVICES, OR FUNCTIONALITY ON THIS SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAYS IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF KAPITAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES.
i) Electronic Communications
By sending electronic mail to Kapital You are communicating with Kapital electronically. In communicating with Kapital electronically, You consent to Kapital communicating with You by electronic mail (e-mail) at the electronic mail address (e-mail) provided by You or by posting notices on this Site.
If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, such determination for that provision shall not affect the remaining provisions hereof.