Last updated: July 15, 2022
These Flahmingo Investments Inc. (“Flahmingo”, “Us”, “us”, “our”, “Our”, “We” and “we”) Terms and Conditions (the “Terms and Conditions”) contain the terms and conditions governing access to and use of the Flahmingo mobile application (the “Application”), the www.flahmingo.com website or affiliated sites providing Flahmingo services (the “Site”), and our consumer investment / financial services and any and all other services made available through the Application and Site (the “Services”). The Terms and Conditions are set by Flahmingo and are accepted by you (“You”, “you”, “Your” or “your”) upon your use of the Application, the Site, and/or the Application and the Site, as applicable.
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR MAKING ANY USE OF THE APPLICATION OR MAKING ANY USE OF THE SITE. BY USING THE SITE, THE APPLICATION, OR THE SERVICES (INCLUDING REGISTERING FOR A USER ACCOUNT OR A TRADING ACCOUNT, AS APPLCABLE), YOU ARE SUBMITTING YOUR ACCEPTANCE TO THESE TERMS AND CONDITIONS AND ARE AGREEING TO BE BOUND BY AND BE A PARTY TO THESE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU ARE PROHIBITED FROM USING OR ACCESSING THE APPLICATION AND THE SITE, YOU MUST NOT REGISTER FOR A USER ACCOUNT OR A TRADING ACCOUNT WITH US, AND YOU MUST NOT USE THE SERVICES.
I. LEGAL CAPACITY, AUTHORITY TO USE, AND NO USE BY MINORS
The Services, the Site, and the Application are not available to minors (e.g., persons under the age of majority). Unless otherwise disclosed, you hereby represent that if you are an individual, you reside in Canada, you have reached the legal age in your province of residence, you are under no legal incapacity and you have sufficient knowledge and experience to understand the nature and risks of the products to be traded.
The Services, the Site, and the Application are intended for personal use. If your use of the Services, the Site, and/or the Application is on behalf of a corporation or other entity, you represent and warrant that such party has full knowledge of your actions and has consented thereto and that you have the authority to bind such entity to these Terms and Conditions.
By using the Site, the Application, and/or the Services, you represent that are not a partner, director or employee of a member, member firm or member corporation of the Investment Industry Regulatory Organization of Canada (IIROC) or of any stock exchange, or of a non-member investment dealer, futures commission merchant, FINRA licensed broker-dealer or derivatives dealer (each, a Securities Industry Firm).
II. GENERAL ACKNOWLEDGEMENT AND CHANGES TO THE SERVICES AND THESE TERMS AND CONDITIONS
Flahmingo may, at any time and from time to time at its sole discretion, update, revise, supplement, replace, and/or otherwise modify these Terms and Conditions and/or impose new or additional rules, policies, terms, or conditions on You. Such updates, revisions, supplements, replacements, modifications, and additional rules, policies, terms, and conditions (collectively referred to as “Revised Terms”) will be effective immediately upon the Revised Terms being posted to the Site or the Application or by Flahmingo otherwise making them available to You (as the case may be).
Any continued use of the Site or the Application following such posting of the Revised Terms to the Site or the Application, or otherwise making them available to you, will be deemed to constitute acceptance of the Revised Terms. If we do update the Terms and Conditions and You do not agree to the Revised Terms, You must stop using the Site and the Application.
Flahmingo reserves the right, for any reason, in its sole discretion, to terminate, change, amend, or suspend the Site, the Application, or certain Services or functionalities of the Site and/or the Application. Flahmingo may impose limits on all or certain features of the Site and/or the Application or restrict your access to part or all of the Site and/or the Application without notice or liability to you.
III. ACCOUNT SIGNUP AND ADMINISTRATION
You may register an account with Flahmingo to enable you to use features of the Site, the Application, and the Services. There are two kinds of accounts that may be registered with Flahmingo: a “User Account”, which allows you to use basic functionalities of the Site, the Application, and the Services including obtaining information on our Services and building your first test “pie”; and a “Trading Account”, which allows you to fund an account, purchase securities to fund you first active “pie” and execute trades through the Site, the Application, and the Services.
The use and administration of a Trading Account is subject to a separate account agreement between You and Us. You will comply with all obligations set out in the account agreement between You and Us.
You agree to provide accurate, current, and complete information required to register or create a User Account or Trading Account, and whatever information relating to You is required in connection with the Site, the Application, and/or the Services (the “Registration Data”). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. You are solely responsible for controlling access to your User Account or Trading Account, as applicable, and maintaining the confidentiality and security of your account and related password information. You must not use any other person's account, and You must not allow any login password or username for your User Account or Trading Account to be used by multiple users or individuals.
Flahmingo reserves the right, for any reason, in its sole discretion, to terminate, change, amend, or suspend a User Account or Trading Account. Flahmingo may impose limits on all or certain features of or services made available through the Site, or restrict your access to part or all of your User Account or Trading Account, without notice or liability.
IV. STATEMENTS, INFORMATION, AND INVESTMENT RISKS
Flahmingo’s statements regarding its plans, directions and intent are subject to local laws, regulations and obtaining the necessary regulatory approvals and authorizations. Information and representations on the Site and Application are subject to changes, as set out in these Terms and Conditions, or withdrawal without notice at Flahmingo’s sole discretion. Information on the Site and/or the Application should not be relied on in making a purchasing decision. Information on the Site and/or the Application is not an offer, commitment, promise or legal obligation to deliver any material, code or functionality.
Should you choose to place such investment through the Services made available through the Site or the Application, you will have done this of your own volition and without relying on any information on the Site or the Application. If you are unsure about any aspect of the information provided or whether a particular investment is right for you, you should seek advice from an independent financial advisor, legal counsel or similar professional before using the Site or the Application and investing.
V. REFERRAL PROGRAM
If you are the holder of a Flahmingo Trading Account, you may be entitled to voluntarily participate in the Flahmingo refer a friend program (the “Referral Program”). There may be a unique website link assigned to your account, referred to as your personalized referral link (a “Referral Link”). To participate in the Referral Program, you will need to refer friends who have not already signed up for an account (“Friends”) and invite your Friends to open an account using your Referral Link.
You will earn referral perks (“Referral Perks”) in the amount/form we determine from time to time, once your Friend (“Referred User”) has spent or traded a certain amount or dollar value (“Eligible Amount”) in their Flahmingo account. The criteria for what constitutes an Eligible Amount is determined in our sole discretion, and may change over the course of the Referral Program. Referral Perks will be applied automatically to your Trading Account. The amount of Referral Perks earned and redeemed by you, and the Eligible Amount associated with Referral Perks, are subject to change at any time at Flahmingo’s sole discretion.
Participating in the Referral Program in no way guarantees that you will be approved as a Flahmingo Trading Account holder. Flahmingo reserves the right, at its sole discretion, to deny you or a Referred User access to a Flahmingo Trading Account in Flahmingo’s sole discretion. In that case, you would not receive Referral Perks.
The Referral Link may only be used for personal and non-commercial purposes. You may share your link with your personal connections via social media, email, or word of mouth, where you are the primary content owner. In cases where you are not the primary owner of the content or website (e.g., Wikipedia, coupon websites, affiliate websites, discussion forums, etc.), public distribution of your Referral Link is not allowed, however you are permitted to post your Referral Link on social media groups or chats for use by your friends, contacts, or followers. Promoting or advertising your Referral Link via search engine marketing or any other paid advertising media (e.g., Bing/Yahoo/Adwords) is not allowed. You are not allowed to misrepresent your relationship with Flahmingo, and you will not make any warranty or representation on behalf of Flahmingo. You are not allowed to refer yourself for the purposes of earning Referral Perks.
Flahmingo reserves the right, at its sole discretion, to deactivate your Trading Account(s) and revoke the Referral Perks of any Trading Account holder who it finds or believes to be earning or using Referral Perks against these Terms and Conditions, or who is manipulating or abusing Flahmingo’s Site, Application, and/or Services.
We reserve the right, at any time and in our sole discretion, to add to or amend these Terms and Conditions in relation to the use of the Referral Program, or to vary or terminate the operation of Referral Perks issued pursuant to the Referral Program at any time without notice.
We may from time to time offer rewards or other incentive programs (the “Program”) in connection with the Flahmingo Site, Services, and/or Application. You understand that eligibility for rewards under any such Program will be subject to the requirements of the Program and you must agree to be bound by the terms of the Program or any terms and conditions that apply to any such Program (to be posted to the Site, the Application, or otherwise made available to you by Flahmingo, and as may be amended or replaced from time to time). We reserve the right to cancel or amend any such Program without notice.
VI. LICENSE AND RIGHT TO USE - SITE
The Site contains proprietary information and material that is owned by Flahmingo, its affiliates and/or licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. Without limiting the foregoing, the content, organization, graphics, design, compilation, and other matters related to the Site, all information stored on and made available through the Site, and all documents, reports, forms, graphics, graphs, presentations, and other materials created or made available through the Site and/or the Services made available through the Site (collectively, the “Website Content”), are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. You acknowledge and agree that you will not use such proprietary information, materials or Website Content in any way whatsoever except for use of the Services in compliance with these Terms and Conditions.
You may use the Site and Website Content for the sole purpose of accessing and using the Services through the Site, including using your User Account or Trading Account established with Us. The viewing, printing or downloading of any Website Content from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use (or use by and on behalf of your organization) and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any Website Content may be reproduced in any form except as expressly provided in these Terms and Conditions. No other download, retention, use, publication, or distribution of any portion of the Website Content is authorized or permitted, and you do not acquire ownership rights to any Website Content or other materials viewed or accessed through the Site.
VII. LICENSE AND RIGHT TO USE – APPLICATION
For users of the Application, the Application contains proprietary information and material that is owned by Flahmingo, its affiliates and/or licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. Without limiting the foregoing, the content, organization, graphics, design, compilation, and other matters related to the Application, all information stored on and made available through the Application, and all documents, reports, forms, graphics, graphs, presentations, and other materials created or made available through the Application and/or the Services made available through the Application (collectively, the “Application Content”), are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights.
The Application is licensed to you, and not sold. Subject to these Terms and Conditions and any other agreement between You and Us, we grant to you (whether a single individual or entity) a limited, personal, revocable, non-exclusive, non-transferable license (the “Application License”) to download and install one (1) copy of the Application and use the Application Content on a single mobile smart phone, tablet device, or other computer (the “Device”) running a version of the operating system identified by us on an online store or app store run by an authorized third party and from which the Application is available for download as the minimum version required for the Application. The Application License is limited for use only by an individual user for a period commencing on the date of download or installation (whichever is earlier) and expiring on the date specified by us, in these Terms and Conditions, or in a separate written agreement between You and Us, or in the app store from which the Application is downloaded.
The Application shall only be used on a Device running at all times the version of the operating system identified by us as the minimum version required for the Application to run unless and except where we may, in our sole and absolute discretion, provide any future update to the Application to adapt the Application to a newer version of the applicable operating system.
Except for the limited Application License, and except as otherwise expressly set out in these Terms and Conditions, nothing in these Terms and Conditions shall be construed as conferring any licenses or other rights under the intellectual property or other proprietary rights of us and our licensors, affiliates or any third party. In addition, we and our licensors reserve the right to disable the Application once the Application License expires or is otherwise terminated under these Terms and Conditions.
You shall not remove, modify or alter any copyright, trademark or other proprietary rights notices of us or any of our licensors and affiliates from any part of the Application, including, without limitation, any such notices contained in or on the electronic and/or physical (if any) media or documentation or contained in or dynamically or otherwise created by any of the Application. Any copies which you are permitted to make pursuant to these Terms and Conditions must contain the same copyright and other proprietary notices that appear on the original Application.
VIII. USER CONDUCT
You agree to use the Site and/or the Application, as applicable, in a responsible manner that is in full compliance with these Terms and Conditions, and with your local laws and regulations. You shall not, and you agree not to use the Site, the Application, or any Service or functionality of the Site or the Application to:
post or transmit any material which,
violates or infringes in any way upon the rights of others,
is unlawful, threatening, abusive, defamatory, hurtful, invasive of privacy or publicity rights, vulgar, obscene, indecent, hateful, profane or otherwise objectionable, or
contains or links to viruses, worms, Trojan horses or other code with malicious, disruptive and/or destructive features, or any computer code, files or programs designed to (or that operates to) interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Site and/or the Application;
download, retain, modify, translate, use, publish, distribute, reproduce, copy, or transfer the right to use the Site, the Application, or any portion of the Site, except as expressly permitted by these Terms and Conditions;
use or attempt to use another person’s Account, Service, or personal information, or impersonate another person or entity;
restrict or inhibit any other person from using or enjoying the Site, the Application, or the Services offered through the Site or the Application;
advertise or perform any commercial solicitation, including, but not limited to, the solicitation of other users of the Site or the Application;
gain unauthorized access to any hardware or software systems or networks associated with the Services, or obtain any services or information not intentionally made available to you by Flahmingo on or through the Site and/or the Application;
remove, circumvent, disable, damage or otherwise interfere with any access control or security-related features of the Site and/or the Application;
engage in practices such as “screen scraping”, “database scraping” or “automated form filling” to retrieve, test or obtain lists of users, content, or other information generated or processed by or stored via the Site and/or the Application;
other than use of the Site, the Application, and the Services by you in accordance with these Terms and Conditions, offer, for a fee or free of charge, services consisting of processing data through the use of the Site, the Application, any User Account or Trading Account, or the Services; or
upload, post or otherwise make available on or through the Site or the Application any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
Without limiting the remedies available to Flahmingo at law or in equity, Flahmingo may terminate your rights to use or access the Site and/or the Application if you are found to be using the Site and/or the Application to engage in any of the foregoing activities.
By submitting material to any public area of Site or the Application, you automatically grant, or warrant that the owner of such material has expressly granted Flahmingo the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide, and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.
IX. FLAHMINGO TRADEMARKS
The Site and the Application may contain trademarks, service marks, logos, icons and trade names that are the property of Flahmingo (collectively, the “Flahmingo Trademarks”) or such other party as is indicated with respect to that trademark, service mark, logo, icon, or trade name. Products and names mentioned on the Site and/or the Application may be trademarks of their respective owners. All trademarks reproduced in the Site and/or the Application which are not the property of, or licensed to, Flahmingo, are acknowledged on the Site and/or the Application, as applicable. You are not permitted to use the Flahmingo Trademarks for any purposes other than those specified in these Terms and Conditions.
X. PERSONAL INFORMATION COLLECTION, USE AND DISCLOSURE
XI. DISCLAIMERS AND LIMITATIONS OF LIABILITY
USE OF THE SITE, THE APPLICATION, AND THE SERVICES IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, THE SITE, THE APPLICATION, AND ALL SERVICES ACCESSED OR USED FROM THE SITE OR THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. FLAHMINGO DOES NOT WARRANT THE QUALITY, ACCURACY OR COMPLETENESS OF ANY CLAIMS, STATEMENTS OR INFORMATION ON THE SITE OR THE APPLICATION, AND WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGES (DIRECT, INDIRECT, SPECIAL, ECONOMIC, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY) IN RESPECT OF YOUR USE OF, OR INABILITY TO USE, OR ANY RELIANCE ON, THE SITE, THE APPLICATION, THE WEBSITE CONTENT, THE APPLICATION CONTENT, AND/OR THE SERVICES.
FLAHMINGO, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND PARTNERS AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, AND ANY OTHER PARTIES INVOLVED IN CREATING, PRODUCING, DELIVERING, OR MONITORING THE SITE AND THE APPLICATION AND EACH OF THEIR SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE “RELEASEES”) WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE SITE OR THE APPLICATION. YOU EXPRESSLY ACKNOWLEDGE THAT FLAHMINGO HAS ENTERED INTO THESE TERMS AND CONDITIONS WITH YOU AND MAKES THE SITE AND APPLICATION AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FLAHMINGO.
The Site and Application are only intended to provide you with general information and are neither an offer to sell nor a solicitation of an offer to purchase any security and may not be relied upon for investment purposes. Information on the Site and the Application is not intended to provide legal, accounting, financial or tax advice, and should not be relied upon in that regard. Any commentaries and information contained in the Site and/or the Application should not be considered personal investment advice.
Flahmingo will not provide any recommendations to you and will not be responsible for making a suitability determination of trades when accepting orders from you. You alone will be responsible for your own investment decisions and Flahmingo will not consider your financial situation, investment knowledge, investment objectives, savings objectives and risk tolerance when accepting orders from you. Please consult with your professional advisor with respect to your particular circumstances.
Electronic transmission of information has inherent insecurities. Flahmingo cannot guarantee the complete confidentiality or security for information that is transmitted electronically. By accessing the Site and/or the Application, you acknowledge that Flahmingo is not responsible for any damages or losses you may suffer as a result of your electronic transmission of confidential or sensitive information to us.
Past performance is not a reliable indicator of future performance. You should not rely on any past performance as a guarantee of future investment performance. Forecasts may also not be a reliable indicator of future performance. Testimonials may not be representative of the experience of other customers and are not guarantees of future performance or success. When you invest, it is possible that the performance of your investments will not be consistent with other customers who give testimonials. You may lose some or all of your investment.
You agree to defend, indemnify and hold harmless the Releasees, from and against all claims and expenses and from any liabilities or damages whatsoever, including any direct, incidental, consequential, indirect or special damages, or any other losses, costs or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, in connection with a breach of these Terms and Conditions or in connection with access to or use of the Site, the Application, or the Services, or in the delay or inability to use the Site, the Application, or the Services, even if there is a fundamental breach or if Flahmingo has been advised of the possibility of liability or damages.
XIV. LINKS TO THIRD PARTY SITES
This Site or the Application may contain links to websites or applications operated by parties other than Flahmingo. Such links are provided for your reference only. Flahmingo does not control such websites or applications and is not responsible for their content or practices. The websites and applications of third parties are not monitored or checked for accuracy, appropriateness, or completeness by us. No endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on, or linked from or to the Site or the Application. Your access and use of such third party websites or applications, including information, material, products and services therein, are solely at your own risk.
If you breach any provision of these Terms and Conditions, you may no longer use the Site or the Application. Flahmingo will determine your compliance with Terms and Conditions in our sole discretion and our decision shall be final and binding and not subject to challenge or appeal. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Site, the Application, or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity.
XVI. GOVERNING LAW
By accessing or using the Site, the Application, or the Site and the Application, including signing up for a User Account or a Trading Account, you acknowledge and agree that these Terms and Conditions and all matters relating to your use of the Site and the Application shall be governed by and construed in accordance with the laws of the Province of Alberta (without regard to conflict of law principles) and the Federal laws of Canada applicable therein. All actions and disputes arising from or relating to these Terms and Conditions shall be heard and decided exclusively before the courts located within the Province of Alberta, Canada and you irrevocably attorn and submit to the exclusive jurisdiction of the courts of the Province of Alberta and waive any right you might otherwise have to claim lack of personal jurisdiction or inconvenience of forum.
XVII. INTERPRETATION AND ENTIRE AGREEMENT
Any reference to “agree”, “agrees”, “represent”, “represents”, “acknowledge”, “acknowledges”, or any “acknowledgement” by you in these Terms and Conditions, shall refer in all cases to your acceptance of these Terms and Conditions through making use of the Site, the Application, or the Site and the Application, including signing up for a User Account or a Trading Account. These Terms and Conditions constitute the entire and only agreement between us and you with respect to the subject matter hereof.
XVIII. SEVERABILITY AND NO WAIVER
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 this agreement 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.
If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision 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.
XIX. CHOICE OF LANGUAGE
The parties acknowledge that they require that these Terms and Conditions be drawn up in the English language only. Les parties reconnaissent qu’elles ont exigé que la présente convention soit rédigée en langue anglaise seulement.