Terms & Conditions

Updated: December 12, 2024

Definitions

For the purposes of these Terms of Use, the following terms shall have the meanings ascribed to them below:

"Service" refers to any services, information, or functions provided by Sector Growth as accessible through the website or any other means designated by Sector Growth.
"User" refers to any individual or entity that accesses or uses the Service.
"Content" refers to any text, images, video, audio, or other multimedia content, software, or other information or material submitted to, displayed on, or made available through the Service by Sector Growth or Users.
"Terms of Use" refers to this document, outlining the rules and regulations for the use of the Service provided by Sector Growth.

Services

The "Service" provided by Sector Growth encompasses a range of services, information, or functions made accessible through the website or any other means as designated by Sector Growth. These services are designed to support the growth and development of sectors by providing valuable insights, tools, and resources.

Access to and use of the Service is granted to Users under the condition that such access and use are strictly for lawful purposes and in accordance with the Terms of Use. Users are expected to respect the integrity of the Content and the overall purpose of the Service, refraining from any actions that could harm Sector Growth or other Users, or interfere with the functionality of the Service.

Sector Growth reserves the right to modify, suspend, or discontinue any aspect of the Service at any time without notice. This includes the availability of any feature, database, or content. Sector Growth may also impose limits on certain features and services or restrict User access to parts or all of the Service without notice or liability.

By using this Website, you represent and warrant that you are of 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.

Acceptance of Deliverables

The Provider, Sector Growth, will make available to the User(s) the Service, including but not limited to any Content as defined in these Terms of Use. The acceptance of any deliverables provided under the Service shall be deemed to occur upon the User's first use of such deliverables. This includes, but is not limited to, accessing, downloading, or otherwise utilizing the Content made available through the Service.

Should the User find any deliverable to be unsatisfactory, the User must notify the Provider in writing within ten (10) business days of first using the deliverable, detailing the reasons for dissatisfaction. Failure to provide such notice within the specified timeframe shall result in the User being deemed to have accepted the deliverable as is, waiving any right to contest the quality or suitability of the deliverable thereafter.

Upon receipt of a timely notification of dissatisfaction, the Provider shall have the right, but not the obligation, to modify the deliverable to meet the User's reasonable expectations or to provide a substitute deliverable of comparable functionality. The decision to modify or substitute shall be at the sole discretion of the Provider, and shall be the User's sole remedy in the event of dissatisfaction with the original deliverable.

Modifications to the Terms and Conditions and to the Website

Sector Growth will provide advance notice to Users of any significant changes to the Service, including but not limited to updates, modifications, or discontinuation of any Content or functionalities. Such notice will be communicated through the Service's website or via email to the Users, allowing reasonable time for Users to adapt to the changes.
Feedback from Users regarding the proposed changes will be solicited and considered by Sector Growth to assess the impact of such changes on Users and to make necessary adjustments where feasible.
All changes to the Service will be thoroughly tested and reviewed by Sector Growth's technical team to ensure they meet the high standards of performance, reliability, and security before being implemented.
Upon implementation, Sector Growth will provide Users with adequate documentation or guidance regarding the changes to assist them in navigating any new features or functionalities.
Sector Growth reserves the right to make emergency changes without prior notice if it is deemed necessary for the security, legality, or urgent maintenance of the Service. In such cases, Sector Growth will communicate the changes and their rationale as soon as reasonably possible.

This Change Management Process is part of the Terms of Use and aims to ensure a transparent and user-centric approach to the evolution of the Service. By continuing to use the Service, Users agree to be bound by this process.

Dependencies

The Service provided by Sector Growth may rely on third-party services and platforms ("Dependencies") to function effectively. These Dependencies may include, but are not limited to, hosting services, content delivery networks, and third-party APIs. While Sector Growth endeavors to select and use Dependencies that are reliable and reputable, Sector Growth does not have control over the performance, reliability, or availability of these Dependencies. Therefore, Sector Growth cannot guarantee that the Service will be uninterrupted or error-free and shall not be liable for any issues, losses, or damages that may arise from the use or inability to use the Service due to the failure of these Dependencies.

Users acknowledge that the Service's performance and availability are subject to the limitations of these Dependencies and agree to bear any risks associated with them. In the event of a significant disruption caused by a Dependency, Sector Growth will make reasonable efforts to restore the Service to full functionality as promptly as possible. However, Sector Growth shall not be obligated to provide any form of compensation for disruptions caused by Dependencies.

Term, Termination and Survival

This Terms of Use agreement (the "Agreement") shall commence on the date of acceptance by the User and shall continue in effect until terminated by either party. The Provider may terminate this Agreement at any time without notice if the User violates any provision of this Agreement or any applicable law. The User may terminate this Agreement at any time by ceasing all use of the Service and notifying the Provider.

Upon termination of this Agreement, the User must immediately cease all use of the Service and delete all copies of any Content or other materials provided under this Agreement. The Provider reserves the right to delete the User's account and any Content associated with it.

Notwithstanding termination, the provisions of this Agreement that by their nature are intended to survive termination shall remain in effect, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Limitation of Liability and Indemnification

Under no circumstances shall Sector Growth be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sector Growth has been advised of the possibility of such damages), arising out of or in connection with the use or the inability to use the Service or any Content provided through the Service, or any other matter relating to the Service.

Users agree to indemnify and hold harmless Sector Growth, its affiliates, officers, agents, employees, and partners from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, User's violation of the Terms of Use, User's violation of any rights of another, or User's violation of any applicable laws or regulations.

This limitation of liability and indemnification clause shall survive the termination or expiration of the Agreement.

Fees

The User agrees to pay all fees or charges to their account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The Provider, Sector Growth, reserves the right to modify, suspend, or terminate the Service and/or any associated fees or charges at any time, and such modifications shall become effective immediately upon posting to the Service or by direct communication to the User.

Unless otherwise stated, all fees are quoted in Canadian Dollars. The User is responsible for paying all fees, payments, and applicable taxes associated with the Service. Upon initiating a Service that has an associated fee, the User will be required to submit payment information to Sector Growth. By submitting such payment information, the User automatically authorizes Sector Growth to charge all fees incurred through their account to any such payment instruments.

Should automatic billing fail to occur for any reason, Sector Growth will issue an electronic invoice indicating that the User must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Taxes

Users of the Service provided by Sector Growth ("Provider") are responsible for all taxes, levies, duties, or similar governmental assessments of any nature associated with their use of the Service, including, but not limited to, value-added tax (VAT), sales tax, goods and services tax (GST), harmonized sales tax (HST), and other taxes as required by law in Ontario, Canada, or any other jurisdiction. It is the User's responsibility to determine what taxes apply to their use of the Service and to report and remit the correct tax to the appropriate tax authority. The Provider will not be responsible for collecting, reporting, or remitting any taxes on behalf of the User.

The Provider may, at its discretion, issue an Electronic Invoice to the User for any payable taxes that the Provider is required by law to collect and remit. In such cases, the User agrees to pay the indicated amounts in accordance with the Provider's payment terms set forth in the Agreement.

Representations and Warranties

The Provider, Sector Growth, represents and warrants to the User that:

It has the legal right and authority to enter into this Agreement and to perform its obligations hereunder;
The Service, including any Content provided therein, does not and will not infringe upon the rights of any third party, including but not limited to intellectual property rights, privacy rights, and rights of publicity;
It will comply with all applicable laws, regulations, and ordinances in the provision of the Service;
The Service will be provided in a professional and workmanlike manner in accordance with generally accepted industry standards;
All information provided by Sector Growth in connection with the Service, including but not limited to information about Dependencies, Automatic Billing, and the issuance of Electronic Invoices, is accurate and not misleading;
It has implemented reasonable security measures to protect the integrity and confidentiality of User data and Content against unauthorized access, use, alteration, or destruction;
It will not knowingly transmit any viruses, worms, malware, or other harmful code through the Service;
The Service will be available for use by the User in accordance with the Terms of Use, subject to scheduled maintenance and any unforeseen downtime due to technical issues beyond Sector Growth's control.

Acceptance of the Website Terms and Conditions of Use

In the context of this Agreement, Sector Growth and any individual or entity engaging with the Service as a User are deemed to operate in an independent contractor relationship. Neither Sector Growth nor the User shall be considered an employee, legal representative, partner, joint venturer, or agent of the other for any purpose. Neither party is authorized to make any representation, contract, or commitment on behalf of the other party unless specifically requested or authorized in writing.

The User acknowledges that they are solely responsible for all taxes, withholdings, and other statutory, regulatory, and contractual obligations of any sort, including, but not limited to, those related to their use of the Service. This includes ensuring compliance with all applicable laws and regulations of Ontario, Canada, and any other relevant jurisdictions.

Nothing in this Agreement or in the working relationship being established shall be construed to create a partnership, joint venture, agency, or employment relationship between Sector Growth and the User. Each party acknowledges that they are fully responsible for their own business and operational costs and liabilities incurred in the course of their respective activities related to the Service, and shall not hold the other party liable for any such costs or liabilities.

Contractor Personnel

In the performance of services under this Agreement, Sector Growth may, at its sole discretion, employ or contract with individuals or entities (hereinafter referred to as "Contractor Personnel") to carry out certain aspects of the Service. It is expressly understood that Contractor Personnel are engaged by Sector Growth as independent contractors and not as employees of Sector Growth. As such, Contractor Personnel shall not be entitled to any benefits provided to employees of Sector Growth, including but not limited to health insurance, retirement plans, or workers' compensation.

Sector Growth is responsible for the professional conduct and the quality of the work performed by Contractor Personnel. Sector Growth shall ensure that Contractor Personnel are qualified to perform the tasks assigned to them and that their work complies with the standards and requirements set forth in this Agreement. Sector Growth will also ensure that Contractor Personnel adhere to all applicable laws and regulations governing their work and conduct while performing services under this Agreement.

Users of the Service acknowledge and agree that Contractor Personnel may have access to User data, including personal information, as necessary to perform the Service. Sector Growth shall take reasonable steps to ensure that Contractor Personnel are bound by confidentiality obligations to protect such information from unauthorized use or disclosure.

Any dispute arising between a User and any Contractor Personnel regarding the Service shall be resolved between the User and the Contractor Personnel directly. Sector Growth shall not be liable for any actions or omissions of Contractor Personnel, except to the extent that such actions or omissions arise directly from Sector Growth's instructions or failure to act in accordance with this Agreement.

Website Terms and Conditions of Use

All Content made available through the Service, including but not limited to text, images, video, audio, and other multimedia content, software, and other information or material, is owned by Sector Growth or its licensors. Users acknowledge that such Content is protected by copyright, trademark, and other intellectual property laws of Ontario, Canada, and internationally. Users agree not to copy, modify, distribute, sell, or lease any part of the Service or the Content, except as expressly permitted by the Terms of Use or with prior written permission from Sector Growth.

Modifications to the Terms and Conditions and to the Website

The information and material on this Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.

Sector Growth reserves all rights not expressly granted to Users in and to the Service and the Content.

Confidentiality

In the course of using the Service, Users may be exposed to confidential and proprietary information belonging to Sector Growth or third parties with whom Sector Growth has agreements ('Confidential Information'). Confidential Information includes, but is not limited to, business processes, client data, trade secrets, technical know-how, financial information, and any other information that is not publicly available. Users agree to:

Maintain the confidentiality of all Confidential Information;
Not disclose Confidential Information to any third party without the prior written consent of Sector Growth;
Use Confidential Information solely for the purpose of using the Service as permitted under this Agreement;
Take all reasonable precautions to protect the confidentiality of Confidential Information;
Immediately notify Sector Growth upon discovery of any unauthorized use or disclosure of Confidential Information.

This confidentiality obligation shall survive the termination of the Agreement and continue for a period of five (5) years thereafter. However, this obligation does not apply to information that:

Is or becomes publicly available through no fault of the User;
Is received from a third party without breach of any confidentiality obligations;
Was independently developed by the User without use of Sector Growth's Confidential Information;
Is required to be disclosed by law, provided that the User gives Sector Growth prompt written notice of such requirement prior to disclosure.

Other Provisions

This Agreement is governed by the laws of Ontario, Canada, without regard to its conflict of law provisions. The parties irrevocably consent to the exclusive jurisdiction and venue of the courts in Ontario, Canada for all disputes arising out of or relating to this Agreement.

In the event that any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in effect.

Neither party may assign this Agreement or any rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party, except that Sector Growth may assign this Agreement without consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

Nothing in this Agreement shall create, or be deemed to create, a partnership, agency, employment, or joint venture relationship between Sector Growth and the User. Both parties are independent contractors with respect to each other.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether written or oral.

Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if sent by registered mail, return receipt requested, or by any other means that provides a record of delivery, to the addresses specified by the parties for such purposes.

We reserve the right in our sole discretion to revise and update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these. The information and material on this Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.

Governing Law

This Agreement and any disputes arising out of or related to the Service, including but not limited to the use of the Service, Content, or any other matter concerning Sector Growth, shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions. By using the Service, Users agree that any legal action or proceeding between Sector Growth and the User for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or provincial court of competent jurisdiction sitting in Ontario, Canada. The parties hereby waive any right to a trial by jury in any proceeding arising out of or related to this Agreement.

Counterparts

This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy of this Agreement delivered by facsimile, e-mail, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

Force Majeure

Neither Sector Growth (the "Provider") nor the User shall be liable for any failure to perform its obligations under this Agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including without limitation, Internet outages, communications outages, fire, flood, war, act of God, or any other force majeure event.

Upon the occurrence of any such event, the affected party shall notify the other party as soon as reasonably possible and shall make all reasonable efforts to resume performance of its obligations as soon as practicable. During the period of such force majeure event, the obligations of the affected party, under this Agreement, will be suspended.

Should the force majeure event continue for a period longer than thirty (30) days, either party may terminate this Agreement upon written notice to the other party without any liability for such termination.

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Terms and Conditions of Use