The Rathcliffe Group Terms of Use

IMPORTANT NOTICE TO ALL USERS OF THE RATHCLIFFE GROUP WEBSITE

When using The Rathcliffe Group’s website www.rathcliffe.com, (the “website” or the “site”), you accept the terms of use described herein, which are subject to change without notice. Furthermore, you agree to consult these conditions of use from time to time and acknowledge that continuing to use the website means you have accepted any changes that could have been made.

The information available on this website is protected under the copyright laws of Canada and other countries, as applicable. This information may also be the property of other parties other than The Rathcliffe Group.

Governing Legislation

This website will be governed by and construed in accordance with the laws of Canada and the applicable laws of the Province of Ontario, without giving effect to any principles of conflicts of laws. Any litigation, dispute or claim arising from or relative to the use of this website shall be subject to the jurisdiction of the courts of Ontario and you accept henceforth to be submitted to the exclusive jurisdiction of the courts of Ontario in this respect.

Information Purposes Only

The content of the site is provided for information purposes only, unless otherwise indicated, and does not constitute an offer to purchase or sell the products or services of The Rathcliffe Group or its affiliates or to provide leases or loans by the Rathcliffe Group and its affiliates. Eligibility for these products and services is subject to the terms and conditions established for each of them. This information, including the strategies provided on this site, is of a general nature and is not intended as specific investment, financial, accounting, legal or tax advice for any individual and should not be relied on as such. Each user must take into consideration the laws applicable in his/her jurisdiction when evaluating his/her financial position. Financial figures provided are for general illustrative purposes only and are not warranted to be guaranteed, accurate or complete.

The Rathcliffe Group cannot guarantee that the site will be accessible at all times, without interruption, and that it will be free of errors. The Rathcliffe Group cannot be held liable towards you or anyone for any damages that could result from the inaccessibility of the website or from any difficulties you might experience accessing or using the website due to, in particular, an interruption to the service, a network failure, the malfunction of any computer hardware or software, any faulty, incomplete, incomprehensible or deleted transmission, brought to its attention or not.

The Rathcliffe Group reserves the right to suspend at any time, without warning, full or partial access to the site or to stop uploading information. In such case, you agree to indemnify and hold The Rathcliffe Group and it is affiliates harmless from any liability related to damages that could result from such an initiative.

Confidentiality and Security

Communications via e-mail are not secure or confidential. They can be lost or intercepted, in much the same way as communications via other means (for example, cellular phone, post office mail). The Rathcliffe Group cannot be held liable for any damages that you may incur from any exchange of e-mail or electronic messages, between you and The Rathcliffe Group.

Accuracy and changes in information on our website

Although The Rathcliffe Group does not guarantee that the information is exact, compliant or complete, the data and information contained on The Rathcliffe Group website is believed to be reliable when posted. Despite its best efforts, however, The Rathcliffe Group cannot guarantee that the information is exact or complete, free from errors or omissions or that it is up to date at all times. The Rathcliffe Group is in no way required to update this data and information.

The data and information available on this site may be changed, moved or deleted without notice.

Trademarks

Certain names, words, titles, phrases, graphics, logos, icons or designs used in this website may be trademarks of The Rathcliffe Group or of third parties who are authorized users.

Downloading

The Rathcliffe Group cannot be held liable by you or anyone else for any damages or losses that could be caused, directly or indirectly, in whole or in part, from downloading any internet page or software and from sending any information when using the site.

Hypertext links

The fact that the website may offer links to other websites on the Internet does not mean that The Rathcliffe Group endorses or approves the contents of these sites or the products, services or publications that may appear on them. The content available via these hypertext links is not subject to The Rathcliffe Group’s policies. Linking to any other site is at your sole risk.

Limitation of liability

In no event shall The Rathcliffe Group be liable to you or anyone else for any damages whatsoever (including without limitation direct or indirect, special, incidental or consequential, exemplary or punitive damages, losses or expenses) arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, loss of data, any unauthorized use or reproduction of the site or the information or otherwise, even if The Rathcliffe Group, or its representatives are advised of the possibility of such damages, losses or expenses.

No Warranties

While every effort is made to ensure that the information and materials contained in the site, including text, graphics, links to other Internet resources or other items is accurate, they are provided on an “as is”, where is basis. No warranty of any kind, implied, express, or statutory is given by The Rathcliffe Group in conjunction with the information and materials including, without limitation, the accuracy adequacy, timeliness, merchantability, operation, non-infringement, usefulness, completeness, reliability and fitness for a particular purpose or completeness of the information and materials. The Rathcliffe Group expressly disclaims liability for errors or omissions in this information and materials.

Miscellaneous

Should any paragraph of these conditions be declared or ruled as illegal, unenforceable or null and void by a court of competent jurisdiction, the other paragraphs will remain valid and will continue to apply within the limits permitted by law.

The Rathcliffe Group Privacy Policy

The Rathcliffe Group is committed to protecting your privacy. This Privacy Policy outlines the type of personal information we collect, how we use your personal information, our policy for sharing certain types of personal information in certain limited circumstances, the procedures you should follow if you have any questions or requests in respect of your personal information or our policies and procedures and the person to whom such questions or requests should be directed, and the means by which to communicate with that person.

The words “we”, “The Rathcliffe Group”, “Rathcliffe Properties” do not include third parties. Third parties involved in the delivery of services on behalf of The Rathcliffe Group are required to abide by the terms of our Privacy Policy.

The type of personal information we collect

If you have come to us for financing or to lease a property, we will collect via the loan or lease approval process, personal information, including your name, address, telephone number, and financials.

How we use your information

Information you provide is collected and stored by The Rathcliffe Group. The information you provide may be used:

  • to determine your credit-worthiness,
  • to monitor the progress of a project and the status of a loan,
  • to contact and correspond with you as per the terms of our agreement,
  • to register security for the financing that we are providing to you,
  • to enter into a lease agreement,
  • to comply with any statutory reporting obligations that we may have.
Our policy for sharing your personal information

From time to time, if we are providing you with financing or entering into a lease with you, we may provide your information to credit bureaus, other financial institutions or lenders or to participants or to co-investors in our loans or projects, in which case we will require that these parties keep your personal information confidential.

Finally, we may provide your personal information to related Rathcliffe Group companies if we feel they have a product or service which may be of interest to you.

If you would like to access your personal information or know more about our policy.

You have a right to access the personal information that we have about you in your file. If we have information that is not correct, we will take steps to correct it. If you would like to withdraw or withhold consent to our use of your information, we may not be able to comply with your request if we require your personal information for administering your investment, loan or lease, or if we must use or disclose your personal information to comply with our statutory or other legal obligations.

If you have any questions or concerns about our privacy practices, or to access your information or to ask us to correct information, you can contact our privacy officer at:

Ratcliffe Properties
Attention: Privacy Officer
1-416-787-1135
info@rathcliffe.com