1. Terms Of Use:
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Instaban Finance (“we,” “us” or “our”), concerning your access to and use of our website as well as any other media and communication forms, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”)
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.
Supplemental Terms of Use or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.
It is your responsibility to be aware on the most recent version“ Last updated” date of these Terms of Use, and you waive any right to receive notice of each such change.
It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to be aware of and have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.
2. Intellectual Property Rights:
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Canada, foreign jurisdictions, and international conventions
The Content and the Marks are provided on the Site “AS IS” for your information only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any (commercial) purpose whatsoever, without express prior written permission by us via an authorised company official.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
3. User Representations:
By using the Site, you represent and warrant that:
- you have the legal capacity and you agree to comply with these Terms of Use;
- you are an adult, or if a minor, you have received parental permission to use the Site;
- you will not access the Site through automated or non-human means, whether through a bot, script, spider, scraper, Ai, or otherwise;
- you will not use the Site or any of its content for any illegal or unauthorised purpose;
- your use of the Site will not violate any applicable law or regulation.
4. Prohibited Activities:
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any endeavours except those that are specifically endorsed or approved in writing by an authorised officer of the Company.
As a user of the Site, you agree not to
- systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without official written permission from us;
- make any unauthorised use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating accounts by automated means or under false pretences;
- circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein
- engage in unauthorised framing of or linking to the Site;
- trick, defraud, or mislead us, especially in any attempt to bypass our due diligence protocols or learn sensitive information such as user passwords or to capture proprietary data;
- make improper use of our support services or submit false reports
- engage in any automated use of the system, such as using scripts to send messages, or using any data mining, robots, Ai, or similar data gathering and extraction tools;
- interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site or Instaban Finance as an entity;
- use any information obtained from the Site in order to harass, abuse, or harm staff at Instaban Finance or its business partners, service providers and suppliers;
- use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
- attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
- harass, annoy, intimidate, or threaten any of our board, staff, suppliers or business partners;
- delete the copyright or other proprietary rights notice from any Content;
- replicate, copy or adapt the Site’s software, including but not limited to, PHP, HTML, JavaScript, or other any other code;
- upload or transmit (or attempt to upload or to transmit) viruses or other material, including spamming, that interferes with any party’s uninterrupted use of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels / micro-pixels, web bugs, cookies, or other similar devices (commonly referred to as “spyware” or “passive collection mechanisms” or “pcms”);
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorised script or other software;
- disparage, tarnish, or otherwise harm, us, our business partners and the Site;
- use the Site in a manner inconsistent with applicable laws or regulations.
5. Site Management:
We reserve the right to:
- monitor the Site and visitors for violations of these Terms of Use;
- take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement and investigative authorities on domestic and international level;
- n our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your access or any portion thereof;
- in our sole discretion and without limitation, track, trace, collect, gather, any and all information relevant for reporting and investigation in case of violation of these Terms of Use. Including personal data, identifiers, and other relevant indicators;
- otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site
6. Privacy Policy
We care about data privacy and security. Please review our Privacy Policy for further information. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Canada then through your continued use of the Site, you are transferring your data to Canada or a location of our hosting and service providers, and you expressly consent to have your data transferred and processed.
7. Term and Termination
These Terms of Use shall remain in full force and effect while you use the Site. Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site, including blocking IP addresses, to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation. We may terminate your use or participation in the site, without warning, in our sole discretion.
In addition to terminating or suspending your access to our Site, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
8. Governing Law
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of Canada applicable to agreements made and to be entirely performed within Canada, without regard to its conflict of law principles.
9. Corrections
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
10. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including attorneys ’fees and expenses, made by us or any third party due to or arising out of:
- use of the Site
- breach of these Terms of Use
- any breach of your representations and warranties set forth in these Terms of Use;
- your violation of the rights of a third party, including but not limited to intellectual property rights; or
- any overt harmful act toward us and our partners.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
11. Miscellaneous
These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them.
You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
12. Contact Us
In order to resolve a complaint or to receive further information regarding use of the Site, you are welcome to contact us via the contact page.