EFFECTIVE DATE: July 22, 2024

Welcome to the Startup Canada website. By visiting and/or using the website, you agree to be bound by these Terms of Use.

The following sets out the terms of use for our website: www.startupcan.ca (the “Website”) made available by Startup Canada (”Company,” “we,” “us,” “our”).

The following terms of use, together with any documents and/or additional terms expressly incorporated by reference (collectively, these “Terms of Use”), govern your access to and use of the Website.

The contents of the Website include, without limitation, all information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork, graphics contained therein or otherwise made available to you in connection therewith (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Website” includes all of the Contents.

These Terms of Use (the “Agreement”) apply to your use of the Startup Canada website at startupcan.ca (the “Site”).

ACCEPTANCE OF THESE TERMS OF USE

These Terms of Use constitute a legally binding agreement between you and Company regarding your access to and use of the Website.

BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE WEBSITE.

By using this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

CHANGES TO THESE TERMS OF USE

We reserve the right in our sole discretion to change each of the sections of these Terms of Use at any time. We will notify you of any changes to these Terms of Use by posting the updated Terms of Use on the Website with an updated “Effective Date” and/or sending you a notice if and as required by law. You agree to periodically review these Terms of Use in order to be aware of any such modifications and your continued access or use of the Website shall be your acceptance of these.

OUR PROVISION OF THE WEBSITE

You acknowledge and agree that the Content, form and nature of the Website may change from time to time without prior notice to you.

You acknowledge and agree that Company may stop (permanently or temporarily) providing the Website (or any Contents or features within the Website) to you or to users generally, at Company’s sole discretion, without prior notice to you. You may stop using the Website at any time. You do not need to inform us when you stop using the Website or any of its Contents or features.

YOUR USE OF THE WEBSITE

Your use of the Website is subject to all applicable local, provincial, state and federal laws and regulations.

Users are responsible for obtaining their own access to the Website and for the Website’s availability and performance.

You may not use, allow, or enable others to use the Website, or knowingly condone use of the Website by others, in any manner that is, attempts to, or is likely to:

• be obscene, fraudulent, defamatory, libelous, indecent, discourteous, racially or ethnically offensive, harassing, threatening, abusive, pornographic or discriminatory;

• affect us adversely or reflect negatively on us, the Website, our goodwill, name or reputation or cause duress, distress, or discomfort to us or anyone else, or discourage any person, firm, or enterprise from using all or any portion, features, or functions of the Website, or from advertising, linking, or becoming a supplier to us in connection with the Website;

• send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;

• transmit, distribute, or upload content or programs that contain any viruses, Trojan horses, worms or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information;

• modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Website or the rights or use and enjoyment of the Website by any other user;

• advocate or encourage any illegal activity;

• infringe upon or misappropriate the copyright, patent, trademark, trade secret, publicity rights or other intellectual property or proprietary rights of Company or any third party;

• violate the privacy of any individual, including users of the Website; or

• violate any applicable local, provincial, state or national laws or regulations (anywhere in the world).

You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Contents or any Company products and services for any purpose.

You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which we may suffer) of any such breach.

You agree that no e-mail address found on the Website may be harvested or otherwise used for purposes of solicitation.

PASSWORDS AND USER NAMES

Any password and user name that you create or that are assigned to you for use on Website are intended for your individual use only. You agree not share or otherwise provide the right to use your password or your user name with any other person. You agree to be responsible for the security of your password and user name, and you will be responsible for all actions made on the Website using your password or user name, even if you were not aware of the actions. We may, in our sole discretion, monitor the use of any passwords and user names and may require you to change your password or user name at any time. You agree to immediately notify us of any unauthorized use of your account on the Website.

We reserve the right, in our sole discretion, to disable or terminate your account at any time for any reason, including for any violation of these Terms of Use.

CLICK-THROUGH AGREEMENTS

Before you use certain areas of the Website, you may be asked to indicate your acceptance of certain special terms and conditions by clicking on a button marked “OK” or “I agree”. Any special terms and conditions to which you agree will supplement and amend these Terms of Use.

INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

You understand and agree that the Website and its Contents are owned by the Company or its affiliates, licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. You may not assign or transfer any of the Contents and you may not grant a license to access or use the Website to any person.

The Company name, the name “Startup Canada”, the Startup Canada logo, and all related names, logos, product and service names, designs, images and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images and slogans mentioned or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action.

You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except that:

• your computer and browser may temporarily store or cache copies of materials being accessed and viewed; and

• a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.

You are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website. You must not access or use for any commercial purposes any part of the Website or any Contents available through the Website.

If you print off, copy or download any part of our Website in breach of these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any of its Contents, and all rights not expressly granted are reserved by the Company. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.

You may not allow any person (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any person (including, without limitation, on or via a third party website), or otherwise use, any Contents without the express prior written consent of Company or its owner if Company is not the owner.

No information or statement contained in these Terms of Use or the Website shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trade-mark, or other intellectual property right of Company or any third party. You must not alter, delete, or conceal any copyright or other notices contained on the Website, including notices on any of the Contents that you are permitted to download, transmit, display, print, or reproduce from the Website.

THIRD PARTY INFORMATION

Any third-party content, data or publications made available through the Website are furnished by Company on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties, including program hosts, information providers, or any user of the Website, are those of the respective author(s) or publisher(s) and not of Company. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.

THIRD PARTY WEBSITES

For your convenience, this Website may provide links or pointers to third party websites. Such third party websites are not under the control of Company, and Company is not responsible for the contents of any such website or any link contained in such website. The inclusion of such links does not imply a recommendation or endorsement by Company of any such website or the products or services offered or information contained therein.

We make no representations about any other websites that may be accessed from this Website. If you choose to access any such websites, you do so at your own risk. We have no control over the contents of any such third party websites, and accept no responsibility for such websites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third party websites.

Such links to third party websites from the Website, may include links to certain social media features that enable you to link or transmit on your own or using certain third party websites, certain limited content from this Website. You may only use these features when they are provided by us and solely with respect to the Contents identified. Such features and links to third party websites are subject to any additional terms and conditions we provide with respect to such features.

You may not create a link to the Website without Company’s prior permission. We may, however, if requested, grant a limited, nonexclusive right to create a link to the Website provided that such link is to the entry page of the Website and does not portray Company or any of its activities or services in a false, misleading, derogatory, or otherwise negative manner. The website in which you are linking must comply in all respects with the these Terms of Use.

The limited rights granted to you under these Terms of Use may be revoked by Company at any time for any reason whatsoever.

NO RELIANCE

The Contents on our Website is provided for general information purposes only.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the Contents on our Website is accurate, complete or up to date. Your use of the Website is at your own risk.

PRIVACY

We respect your privacy. You may use this Website without providing us with any of your personal information (however, we may still collect limited information via cookies – see our Privacy Policy for more information). If we ask you to provide us with any personal information, we will tell you the purposes for which we intend to use that information. To view our Privacy Notice, please click here.

DISCLAIMER OF WARRANTIES

CONSUMER PROTECTION LAWS IN SOME JURISDICTIONS, SUCH AS QUEBEC, DO NOT ALLOW FOR THE LIMITATIONS OR EXCLUSIONS OF LEGAL WARRANTIES. IF THESE LAWS APPLY TO YOU, THE FOLLOWING EXCLUSIONS OR LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENTS, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENTS, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE LAWS OF YOUR PROVINCE OR TERRITORY, INCLUDING QUEBEC.

NEITHER THE COMPANY NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS MAKES ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENTS, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THIRD-PARTY SERVICES) WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED, TIMELY, SECURE, FREE OF DEFECTS, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the Website will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Website and your computer, internet and data security. EXCEPT FOR ANY GREATER RIGHTS WHICH YOU MAY HAVE UNDER THE LAWS OF YOUR PROVINCE OR TERRITORY, AND EXCEPT FOR QUEBEC RESIDENTS, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, ITS CONTENTS, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THIRD-PARTY SERVICES) OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

LIMITATION ON LIABILITY

CONSUMER PROTECTION LAWS IN SOME JURISDICTIONS, SUCH AS QUEBEC, DO NOT ALLOW FOR THE LIMITATIONS OR EXCLUSIONS OF CERTAIN LIABILITIES. IF THESE LAWS APPLY TO YOU, THE FOLLOWING EXCLUSIONS OR LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

EXCEPT FOR ANY GREATER RIGHTS WHICH YOU MAY HAVE UNDER THE LAWS OF YOUR PROVINCE OR TERRITORY, INCLUDING QUEBEC, YOU AGREE THAT UNDER NO CIRCUMSTANCE WILL THE COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OR COSTS OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, RELIANCE ON, THE WEBSITE, ITS CONTENTS, THIRD-PARTY SERVICE, ANY LINKED WEBSITES OR SUCH OTHER THIRD PARTY WEBSITES, NOR ANY MATERIALS, POSTING OR INFORMATION THEREON.

INDEMNIFICATION

EXCEPT FOR ANY GREATER RIGHTS WHICH YOU MAY HAVE UNDER THE LAWS OF YOUR PROVINCE OR TERRITORY, INCLUDING QUEBEC, to the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms of Use or your access to or use of the Website or its Contents including, but not limited to, third party websites, any use of the Website’s services and products other than as expressly authorized in these Terms of Use.

EXCEPT FOR ANY GREATER RIGHTS WHICH YOU MAY HAVE UNDER THE LAWS OF YOUR PROVINCE OR TERRITORY, INCLUDING QUEBEC, we reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request.

WAIVER

You agree that if Company does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of Company’s rights and that those rights or remedies will still be available to Company.

No waiver under these Terms of Use is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms of Use operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

APPLICABLE LAW AND JURISDICTION

Unless the applicable laws of your jurisdiction require that the laws of such jurisdiction govern, you agree that these Terms of Use are governed by and construed in accordance with the laws of Ontario applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the province of Ontario, without regard to principles of conflict of laws and notwithstanding your domicile, residence or physical location.”

SEVERABILITY

If any term or provision of these Terms of Use is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction.

ENTIRE AGREEMENT

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

NOTICES

You agree that any written notice from you required by these Terms of Use will be considered given when we receive it at the Company’s mailing address below.

You agree that Company may provide you with written notices, including those regarding changes to these Terms of Use, when we send it by email to any email address that you have provided to us.

CONTACT

All feedback, comments, inquiries, requests for technical support, and other communications relating to the Website should be directed to Company as follows:

8 York Street, Suite 200
Ottawa ON
K1N 5S6 Canada