Terms & Conditions
Effective and Last Updated: June 1, 2022
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THE WEBSITE. THESE TERMS AFFECT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, IN WHOLE OR IN PART, YOU WILL NOT BE PERMITTED TO USE THE SERVICE.
These Terms apply to users who are registered with the Website (“Registered Users” and/or “Members”).
Living Wealth is a loyalty and marketing platform, based on the Website, for the private wealth advice industry designed to help strengthen and support advisor/client relationships. Living Wealth brings together leading wealth advice firms with leading luxury brands, producers and publishers in order to deliver meaningful value for wealth firm clients through the provision of content (editorial, experiences and privileges) available to Members only through the Website.
The provision of content by Living Wealth through the Site consists of editorial, experiences and privileges offered across a digital platform as well as a variety of media channels. This content will be focused on relevant topics to the members and will be updated weekly with new content (the “Service”).
2. Changes to Terms
Living Wealth may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or the Service as described herein or on the Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms upon which access and use of this Website is conditioned.
The Website is directed to those individuals and entities located in Canada. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Living Wealth Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. Living Wealth makes no representation that the information, opinions, advice or other content on the Website (collectively, “Content”) is appropriate or that its products and/or the Service are available outside Canada. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
4. Scope of Use and Registered User Email
You are only authorized to view, use, copy for your own records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your own informational, non‐commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact. You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.
Subject to your compliance with these Terms, Living Wealth grants to you a non-exclusive, non-transferable, limited right to access and use the Website and its Content, solely in connection with your use of the Website.
The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of Living Wealth is strictly prohibited.
5. Fees and Payment
You may become a Member and access the Website and its content by paying an annual subscription/membership fee (the “Fee”). Typically, membership fees are paid by Investment Advisors on behalf of their clients. Living Wealth may change the Fee at any time and from time to time upon prior notice, provided that Living Wealth will not retroactively charge you for any period prior to the effective date of the change.
Registered Users are solely responsible for ensuring that their personal data collection practices are compliant with applicable privacy laws, such as the Personal Information Protection and Electronic Documents Act in Canada and the General Data Protection Regulation in Europe. Registered Users must only collect personal data with prior consent. Living Wealth will delete any personal data that a Registered User has collected in contravention of applicable privacy laws.
7. Copyrights and Trademarks
The materials at this Site, as well as the organization and layout of this Site, are copyrighted and are protected by Canadian and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non‐commercial use. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of Living Wealth.
Except as expressly provided under the “Scope of Use” Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of Living Wealth. You may not use a part of this Website on any other Website, without Living Wealth's prior written consent.
Living Wealth respects the intellectual property rights of others and expects our Registered Users to do the same. The policy of Living Wealth is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at: firstname.lastname@example.org.
9. No Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant to Living Wealth that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Gathering email addresses from Living Wealth through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Registered Users is prohibited. Inquiries regarding a commercial relationship with Living Wealth should be directed to: email@example.com.
Living Wealth subscribers must follow all anti-spam laws, including the Canadian Anti-Spam Legislation (CASL), specifically all subscribers communicating to Canadians must ensure that they have express consent to send an email to a person. All email addresses uploaded directly or through a client relationship management system (CRM), must ensure the people who own those email addresses have provided express consent as outlined in the CASL rules to the subscriber before being used in email communications.
11. No Warranties
THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON‐INFRINGEMENT, ALL OF WHICH LIVING WEALTH EXPRESSLY DISCLAIMS. LIVING WEALTH DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND LIVING WEALTH WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. LIVING WEALTH MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR‐FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY LIVING WEALTH INC.
12. Governing Law, Location and Miscellaneous
These Terms shall be governed in all respects by the laws of the Province of Ontario, Canada, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms, the Terms will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.
13. Separate Agreements
You may have other agreements with Living Wealth. Those agreements are separate and in addition to these Terms. These Terms do not modify, revise or amend the terms of any other agreements you may have with Living Wealth.
14. No Professional Advice
The information available on the Website is intended to be a general information resource regarding the matters covered and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.
15. Registered User Data Guarantee
Living Wealth guarantees the security and privacy of all and any Registered User data uploaded or used for communications or any activities associated with the Living Wealth service. This includes but is not limited to email addresses, names or related information a Registered User uploads into their account for use in delivering content via email, or any future method of communication made available on the Living Wealth web-based platform. In the event of a personal data breach that is likely to cause harm, Living Wealth will communicate the personal data breach to Registered Users and referring Advisors without undue delay.
Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Living Wealth confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms or this Website shall be settled by binding arbitration in accordance with the provisions, in effect at the time the proceedings begin, of the Commercial Arbitration Act. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in the province of Ontario.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.
17. Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. LIVING WEALTH SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF LIVING WEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY LIVING WEALTH SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold Living Wealth, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms.
19. Accounts and Security
Living Wealth does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error‐free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
As part of the registration process, each Registered User will select a password (“Password”) and email address (“email”). You shall provide Living Wealth with accurate, complete, and updated account information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account.
You may not:
(a) select or use a name of another person with the intent to impersonate that person;
(b) use a name subject to the rights of any other person without authorization;
(c) use a name that Website, in its sole discretion, deems inappropriate or offensive.
You shall notify Living Wealth of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at Living Wealth's sole discretion, and you may be reported to the appropriate law- enforcement agencies.
20. Cancellation Policy
Living Wealth is a user-pay web-platform whereby the Advisor Host purchases memberships on behalf of their clients. Clients become Registered Users or Members when they activate their gifted membership. Members are encouraged to opt-in for our weekly newsletter. Members may unsubscribe from the weekly newsletter by clicking the unsubscribe link contained within the newsletter. Unsubscribing from the newsletter does not cancel a membership. Members may cancel their membership subscription at any time. All cancellations are executed inside the platform within your Account Settings tab. A notification of the members’ cancellation will appear inside their Advisor Host’s dashboard.
Living Wealth is entitled to terminate your access to the Website at any time without notice and with immediate effect (by disabling your access to the Website) if you violate or breach any term of these Terms, and with reasonable notice for any other reason.
The provisions of these Terms survive termination.
You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without Living Wealth’s express prior written consent.
These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Living Wealth.
Neither Living Wealth nor you (each, a “Party”) shall be liable to the other for any failure to perform any of its or your obligations under these Terms during any period in which such performance is delayed by circumstances beyond its or your reasonable control, such as fire, flood, war, embargo, strike, riot, terrorism, or the intervention of any governmental authority (a “Force Majeure”). In such event, however, the delayed Party must promptly provide the other party with written notice of the Force Majeure. The delayed Party’s time for performance will be excused for the duration of the Force Majeure.
If any provision herein is held to be invalid or unenforceable to any extent, then such provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent.
Headings in these Terms are for convenience of reference only and shall in no way affect interpretation of such Terms.
Contact us: If you would like to request additional information regarding these Terms, please contact us firstname.lastname@example.org.