Terms and Conditions of Use

Terms and Conditions of Use:

Welcome to OneBoss. OneBoss Solutions Inc. (“OneBoss”, “we”, “us” and terms of similar meaning) provides this website and the services provided by or through this website to you subject to these terms and conditions of use (these “Terms”).

In these terms we call this website, any successor websites (together, the “Website”) and the software we provide the “Application”. We refer to the services provided by the Application as the “Services”.

Please read these Terms carefully before using the Services. By accessing or using the Services you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Services.

You must be a human to use the Services. Accounts registered by “bots” or other automated methods are not permitted.

The Services are not intended to be used by children. You must be at least of the age of majority to use the Services. OneBoss is not directed to anyone under the age of majority in the province in which they reside.

This website is proprietary to OneBoss. Please read the following conditions of use carefully before using this site. These conditions of use also apply when you use a downloadable application, mobile device browser or other technology to access any features, functionality, content or information that is made available or provided on this site. OneBoss reserves the right to modify the terms and conditions of use at any time; you should review the conditions of use regularly as they may change at any time. References to “you” or “your” shall mean the person accessing or using this site. References to “OneBoss”, “we”, “us” or “our” shall include OneBoss and its affiliates. OneBoss reserves the right to change the terms of use of its sites or discontinue them at any time upon notice to you. Notice may be given to you in writing, by email or by posting such notice on the relevant site.

By accessing OneBoss’s website (or any of its subdomains) located at https://www.OneBoss.ca (the “Site”) you are accepting the policies and practices described in this Terms and Condition of Use.

This website is governed by the laws of the Province of Ontario and the laws of Canada as applicable therein without giving effect to any principles of conflicts of laws regardless of the domicile, residence or physical location of the user. All disputes, controversies or claims arising out of or in connection with the website shall be submitted to and be subject to the jurisdiction of the courts of the Province of Ontario. You submit and attorn to the exclusive jurisdiction of the courts of the Province of Ontario to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the website.

General

Nothing on this website should be considered as an offer or recommendation to trade in any security. OneBoss does not provide investment advisory or insurance services.

The information contained in this site is not intended to provide you with any legal or tax advice. If you require legal or tax advice, please consult with your lawyer, tax advisor or accountant, as the case may be.

We make reasonable efforts to maintain the availability of this site. However, there will be times when this site will be unavailable for use or when we find it necessary to shut down this site for a period of time for maintenance, updates and other reasonable adjustments.

The products and services described on the site are available only in Canada to Canadian residents. Nothing in this site is intended to constitute an advertisement for promotion of such products and services in other jurisdictions.

Third parties may provide certain performance and other information on this site relating to exchange traded funds, mutual funds and other investment vehicles. OneBoss will not be liable for any errors or delays in, loss or damages caused by, or actions taken in reliance on, this information.

Any financial tools or calculators, including Ensemble™, OneBoss KYP™ or CE Wallet™, provided on the website are purely for information only and should not be considered as financial advice or a financial plan.

OneBoss is not responsible in any manner and will not be liable to you or anyone else for any loss or damages whatsoever (including direct, indirect, special, incidental, consequential, exemplary or punitive damages, and without limitation, lost revenues or profits or loss of prospective economic advantage) resulting from your use or inability to make use of this website or the information therein, and/or any web browsers, including any loss or damages you may suffer if you transmit confidential or sensitive information to us or if we communicate such information to you at your request over the Internet, including via email.

Privacy Policy.

Please refer to OneBoss’ privacy policy, available at https://www.OneBoss.ca/privacy (the “Privacy Policy”) for information on how OneBoss collects, uses and discloses personally identifiable information from its Users. By using the Services you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.

Registration Data and Account Security

If you register for an account on the Services, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Services (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to OneBoss, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to OneBoss. You are responsible for all activity on your OneBoss account, and for all charges incurred by your OneBoss account.

Use of Cookies

We use technologies such as cookies and pixels to customize and improve your experience with the Site. Cookies are small pieces of data that are stored on your computer, mobile phone or any other device used to access the internet. Pixels are small code blocks on a website that allow for another server to measure viewing of a webpage and often are used in connection with cookies. Cookies store anonymous information, such as whether you viewed the site from your mobile device. We may store some personal information in a cookie and/or pixel, such as the site that you visited immediately prior to visiting OneBoss and relevant financial information that allows us to enhance your user experience and for marketing purposes. Cookies, pixels, and similar technologies are not required for site functionality. Our cookies are also used for security purposes and to personalize your experience, such as customizing your screen layout. You are not required to accept any cookies or pixels to use this site. However, refusing to accept cookies or pixels will make the use of the Site more cumbersome and less accessible. You can refuse or delete cookies. Most browsers and mobile devices offer their own settings to manage cookies. If you refuse a cookie on our site, or if you delete cookies, you may experience some inconvenience in your use of the site. For example, you may not be able to sign in and access your account, or we may not be able to recognize you, your device or your online preferences.

Along with cookies and pixels, OneBoss may also use third-party tracking technology and other third-party providers (referred here after as “Tracking Tools”), such as Google Analytics, to record similar information regarding you and your activity on the Site. The Tracking Tools collect information about how often users visit this Site, what pages they visit when they do so, and what other sites they used prior to coming to this site, among other information. We use the information we get from these Tracking Tools to improve this Site. The Tracking Tools collect the IP address assigned to you on the date you visit this Site, along with other anonymized information (e.g. browser type and type of device used to visit the Site), not your name or other personal identifying information. The Tracking Tools’ ability to use and share information about your visits to this Site is restricted by their terms pf use and privacy policies. We do not combine the information collected through the use of Google Analytics with personally identifiable information. These third-party providers may also use cookies.

Aggregated Statistics and Data

“Aggregated Statistics” means data and information related to your use of the Site that is used by OneBoss in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services. OneBoss may monitor your use of the Services and collect and compile Aggregated Statistics. All right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by OneBoss.

You acknowledge that OneBoss may compile Aggregated Statistics based on your data input into the Services. You agree that OneBoss may: (i) make Aggregated Statistics publicly available in compliance with applicable Law; and (ii) use Aggregated Statistics to the extent and in the manner permitted under applicable Law; provided that such Aggregated Statistics do not identify you or your confidential information. (ii) As consideration for the provision of the Services, OneBoss may collect and compile the same types of dealer client and advisor information for all products, including but not limited to exchange-traded and platform-traded fund transactions that would be public if such transactions were for client name and nominee held mutual funds, and OneBoss may: (i) make such information available to manufacturers, subject to confidentiality obligations; and (ii) use such information to the extent and in the manner permitted under Applicable Law.

Third-party tools, sites and logos

OneBoss may use third party service providers to provide certain tools and/or programs, some of which may be housed on a third-party server or a site which has been independently developed by others, including those outside of Canada (i.e. in the United States). As such, while accessing this site you may be linked to such other third-party servers. Access to other sites or use of any third-party tools or programs on this site are subject to all the terms and conditions found on such third-party site(s).

Third-party websites accessed by hypertext links appearing on this site may have been independently developed by others. We are not responsible for the contents or operation of such third-party sites and we do not guarantee the accuracy of any information in them. The listing of an organization not affiliated with OneBoss on this site should not be interpreted as an endorsement of its services or products by any of OneBoss or their representatives. OneBoss disclaims any and all responsibility and liability for the accuracy, content, completeness, legality, reliability or operability of such third-party websites or the services and resources available on them. Any concerns regarding any such service or resource should be directed to the particular service or resource.

OneBoss may co-brand certain pages of this site with a partner, if you are a user of a co-branded service based on a referral arrangement between you, the partner and OneBoss. Such co-branding should not be interpreted as an endorsement of the partner’s services by OneBoss or its representatives. Any concerns regarding any service provided by such partner should be directly addressed with the partner.

Electronic Record and Signature Disclosure

By using the OneBoss website, you understand that any instructions you provide while logged into the OneBoss website are considered signed instructions. Specifically, you authorize us to rely on your electronic signature on all agreements, instructions or other documents (each “Document”). You also acknowledge that by electronically signing and submitting a Document, you are specifically consenting to signing the Document electronically and are legally bound in the same manner as if you had signed in a non-electronic form.

Other Sites

OneBoss and its affiliates do not endorse or approve the content of other websites which can be accessed by hypertext links from this site.

Confidentiality & Personal Information

OneBoss is committed to respecting the privacy of your personal information. OneBoss maintains your account and its contents to provide products and services to you and to improve our services, including but not limited to:

• Registration and management of your account, including facilitating your access to and use of the Site;
• Communicating with you in general, including providing general information about the Site;
• Sharing OneBoss community information, including posting your reviews, forum posts, and other content to the Site;
• Responding to your questions and comments;
• Soliciting information from you, including through surveys;
• Resolving disputes or troubleshooting problems;
• Preventing potentially prohibited or illegal activities

OneBoss may request, or you may provide to the Site, other information such as your annual income, net worth, financial goals, marital status, levels of investment knowledge, investor qualifications, language and location preferences. Additional information, including your credit card information, may be required in order to enter into transactions on the Site.

If you maintain an OneBoss account that you access through our website or mobile apps, you are responsible for protecting and maintaining the confidentiality of your account and password and restricting access to your computer.

OneBoss will not share your email address with any other users nor display it in any public manner.

If you decide at any time that you no longer wish to receive marketing communications from us, please follow the “unsubscribe” instructions provided in the communications.

OneBoss attaches great importance to the security information transmitted and transactions carried out through this website. The conditions of use described in this legal notice and in confidentiality notice govern all transactions. In using this site you acknowledge having accepted the conditions in this notice.

For additional information on how OneBoss protects your privacy please refer to our privacy policy at https://www.OneBoss.ca/privacy/

Copyright

The content of this site is protected by copyright laws in force in Canada. Users of this site shall be entitled to copy information for their own non-commercial personal use but may not otherwise republish, reproduce, distribute, or copy in whole or in part, any content without the prior written permission of OneBoss. Republishing and reproducing includes any uploading or downloading the information on this site onto the Internet or any other local or international computer system, or otherwise providing access to the contents of this site. An acknowledgement of the source must be included whenever our materials are copied or published.

If you require further information on the uses that you may make of the information on this site or if you wish to obtain a license to reproduce or republish any material on this site, please send a request by email to support@OneBoss.ca. Any infringement of our rights will result in appropriate legal action. OneBoss disclaims any and all liability which may result from any unauthorized reproduction or use of the information on this site.

Trade-marks

OneBoss owns or properly licenses all the trade-marks used on or in connection with the goods and services which it provides. Whether in the form of names, graphics, logos, icons, designs, words, titles or phrases. These trade-marks are protected by Canadian and foreign trade-mark laws. All rights reserved.

Disclaimer

OneBoss strives to provide information that is as reliable as possible on its site. Information provided on this site, including fund rates of return and unit values, is believed to be reliable when posted. However, we cannot guarantee that information will be accurate and current at all times. OneBoss reserves the right to modify the information in this site from time to time without notice.

Your use of this site shall be entirely at your risk. OneBoss, its officers, directors, employees or agents thereof, as well as any person associated with the creation and maintenance of this site or its contents will not be responsible in any manner for any harm, loss or damage, however caused, arising out of your use of this site, including direct, indirect, special, third party or consequential damages. We will not be responsible for any detrimental reliance that you may place upon the site or its contents.

In case of discrepancy between the information published on this site and in a contract, the contents of the latter shall prevail.

THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE WARRANTY AGAINST INFRINGEMENT WITH RESPECT TO THE INFORMATION PROVIDED AND THE USE OF THIS SERVICE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Applicable Law

The Services are controlled by OneBoss and operated by it from its offices in Windsor, Ontario. You and OneBoss both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and OneBoss explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Website, the Content or the Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.

Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) involving OneBoss and arising out of or relating to (a) these Terms; (b) the Website, the Content or the Services; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Website, the Content or the Services; or (d) the relationships that result from these Terms or the Website, the Content or the Services (collectively, a “Claim”), will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against OneBoss related to any Claim and, where applicable, you also agree to opt out of any class proceedings against OneBoss. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.

To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Windsor, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

If you choose to access the Services from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify OneBoss and the other Released Parties for your failure to comply with any such laws.

Termination and Modification of License and Website Offering

Notwithstanding any provision of these Terms, OneBoss reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Services, or any portion thereof and the rights of any third party to which you have granted access to your User Content; (b) block or prevent your future access to and use of all or any portion of the Services or Content and the rights of any third party to which you have granted access to your User Content; (c) change, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services or Content.

No Liability

OneBoss and its affiliates, their directors, officers, employees and representatives are not liable in any manner whatsoever for any loss or damage which may arise directly or indirectly from the use of this site, including special or consecutive damages and damages caused to third-parties.

In particular, but without limiting the generality of the foregoing, OneBoss and its affiliates, directors, officers, employees and representatives are not liable for damages arising from acts or deeds performed on the basis of the information contained in this website or for any damage suffered as a result of the disclosure of personal or confidential information that are transmitted over the internet.

Information provided in this website is not updated after the date that it was posted and may be out-of-date. It should not be taken that the absence of a publication date indicates that information on this website is current. OneBoss assumes no responsibility to update any information on this website, does not guarantee that the information contained on this website is accurate and complete, and accepts no responsibility for any loss arising from any use of or reliance on the information contained herein.

If any provision in these conditions of use is held invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. These conditions of use shall be governed by and construed in accordance with the laws of the Province of Ontario and applicable laws of Canada. You hereby consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario sitting in the City of Windsor in any action or proceeding related to your use of this site.

If you have any question on our Terms and Conditions, please contact us at:
OneBoss
1090 University Avenue West
Suite 102
Windsor, Ontario N9A 5S4
Email: support@OneBoss.ca
Toll-Free: 1-866-611-5431
Last amended date: November 30, 2021