Legal Terms of Use

PROFORMA Capital Inc. (the "Company") provides this Web site (the "Site") for informational purposes only. By accessing the Site, you accept and agree to be bound by and comply with the terms and conditions set out herein (the "Terms"). If you do not accept and agree to the Terms, you should not use the Site.

Information provided on the Site (the "Information") is believed to be reliable and accurate at the time it is posted. However, the Company does not guarantee that the Information is accurate, complete or current at all times. Such Information is provided on an "as is" and "as available" basis and the Company does not guarantee that access to the Site will be uninterrupted, timely, secure or error free. The Company does not make any express or implied warranties, representations, endorsements or conditions with respect to the Site or the Information, including without limitation, warranties of merchantability, operation, usefulness, completeness, reliability, fitness for a particular purpose or that no viruses or other contaminating properties will be transmitted to your computer system. It is your sole responsibility to take precautions to ensure that your computer is adequately protected from computer viruses or other destructive properties.

The Information may contain technical inaccuracies or typographical errors and may be modified at any time without notice. As such, you agree to review the Terms regularly. Your continued access or use of the Site will constitute your acknowledgment of any modified terms and conditions and your agreement to abide and be bound by any changes to the Information or the Site.

The Company cannot ensure the privacy and confidentiality of any communications over the Internet. As a result, the Company advises you to not transmit any confidential or sensitive information to the Company over the Internet. The Company is not responsible for any damages that may arise if you choose to transmit confidential or sensitive information via this medium.

The Information is not intended to constitute financial, accounting, legal or tax advice and, should not be relied upon in that regard. As expressed above, the contents of the Site are for informational purposes only and you should consult with a professional prior to acting on any Information.

In no event will the Company be responsible or liable to you or any other party for any direct, indirect, special, incidental, or consequential damages, or any other damages arising out of or relating to the use of, misuse of or inability to use the Site (or a Web site linked to the Site). Without limiting the foregoing, the Company will not be responsible or liable for any loss of revenue, profit or prospective economic advantage resulting from the use of, misuse of or inability to use the Site (or a Web site linked to the Site), even if advised of the possibility of such damages or such damages are reasonably foreseeable.

Neither the Site nor the Information constitute an offer or solicitation by the Company to buy or sell any products or services of any kind whatsoever including, without limitation, securities or any other financial instrument of any issuer.

No endorsement or approval of any third parties or their advice, opinions, information, products or services, either by way of a link to other Web sites or otherwise, is expressed or implied by any Information.

All product and service marks are the trade marks of their respective owners. All of the Company's trade marks used on the Site are used under license. You may display, download or print the Information for your own personal and non-commercial purposes provided that all copyright and other proprietary notices contained on the Information are not modified or removed.

Privacy Policy

At PROFORMA Capital Inc., we are, and always have been, committed to maintaining the highest level of confidentiality regarding personal information that our clients share with us. We recognize that this is your, not our, information to share, and we only share it when we have your express permission. Respecting your privacy is a value which is shared throughout our firm.

As of January 1, 2004, commercial companies within Canada are governed by the Personal Information and Protection of Electronic Documents Act ("PIPEDA'), In general, the purpose of PIPEDA is to regulate the private sector's collection, use and disclosure of personal information.

In response to PIPEDA, and to further reinforce our commitment to the safeguarding of your personal information, we have formally documented a Privacy Policy which sets out in detail how we manage the personal information of our clients.

In brief, we wish to explain why we ask for your personal information, and how we use and protect it.

  • Personal information, under PIPEDA, includes, but is not limited to, your name, address and telephone number, birth date, social insurance number or driver's license number, as well as your financial and investment information. We collect this information in order to properly identify you, to understand your investment needs, to make appropriate investment decisions on your portfolio, and to satisfy legal, regulatory, custodian and tax reporting requirements.
  • All employees of PROFORMA Capital Inc. are accountable for safeguarding and maintaining the privacy of all personal information under their control. Our accounting, compliance and client service personnel are all aware, and ensure, that personal information, when requested, is only supplied to people who are expressly authorized by you to receive it. Our systems identify whether there are any such authorized recipients other than yourself for your account. To maintain awareness of our policies and practices in this regard, annually we have all of our employees sign a Confidentiality Agreement affirming this undertaking.
  • If you are already a PROFORMA Capital Inc. client, we will have already collected certain personal information about you. Please be assured that we will only use, store, maintain and disclose this information in accordance with our Privacy Policy.

Once again, we wish to reiterate that protecting the confidentiality and security of our clients' personal information is an integral part of our corporate values.