This Agreement was last modified on December 31, 2023.
Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using https://www.Jesselton.ca (the “Site”) operated by Narrowcontent Inc. The Terms of Service govern the relationship between you and Jesselton Capital Management Inc. (“Jesselton”) and its affiliates and related entities (“we”, “our” or “us”) and governs your use of our Site and its content. Capitalized terms are defined in this Agreement.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service.
Intellectual Property
The Site and its original content, features and functionality are owned by Narrowcontent Inc. and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Disclaimer
The Site is provided on an “as is” basis and we do not make any express or implied representations, warranties, endorsements or conditions with respect to the Site or any of its contents, including without limitation, any warranties or conditions as to merchantability, operation, non-infringement, usefulness, completeness, accuracy, currency, reliability and fitness for a particular purpose. Further, we do not represent or warrant that the Site will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, difficulties in use, defects, incompatibility, failures, errors, omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. Any implied warranties, statutory or otherwise, on any such matters are hereby expressly excluded to the full extent permitted by applicable law. In accessing the Site you have sole responsibility for taking protection and backup of data and/or equipment and for taking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
Terms of Use
Jesselton, or its affiliates, or its content providers are not responsible in any manner for any damages, losses or expenses (including direct, indirect, special, consequential, incidental or punitive damages), however caused, arising directly or indirectly out of your use of the Site and/or any web browser or your inability to use the Site, or any error, omission, interruption, defect, delay, computer virus, system failure, loss of data or otherwise, including any 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, even if we or our representatives are advised of the possibility of such damages, losses or expenses. To the extent permitted by applicable law, you agree to indemnify us against any and all liability resulting from any claims arising in relation to your use of the Site.
No investment recommendations or professional advice
The Site, and any information and materials posted on this Site, is not, and under no circumstances is to be construed as, an invitation to make an investment in any Jesselton fund, a public offering, an offer to sell or a solicitation to buy a Jesselton fund or any other security nor does it constitute an offer by Jesselton to provide investment advisory services. The information and materials posted on this Site are not intended as investment, financial, legal, accounting, tax or other advice and should not be relied upon in that regard. Graphs are used for illustrative purposes only. We cannot guarantee the information is accurate, complete or current at all times.
Products and services of Jesselton and its affiliates are only offered in jurisdictions where they may be lawfully offered for sale. All products and services are subject to the terms of the applicable agreement. The Site should not be relied upon when evaluating the merits of a potential investment in any securities. Each potential investor should read the offering documents in their entirety and should carefully consider the risk warnings and disclosures set out therein before making an investment decision. Particular investment or trading strategies should be evaluated relative to each investor’s objectives, risk tolerance and particular circumstances. Investors must contact their own financial advisors for any additional information. We are not liable for any errors or omissions in the information or for any loss or damage suffered.
Forward-looking Statements
The disclosure on the Site of Jesselton’s investment strategies and intentions may constitute “forward-looking information” for the purpose of applicable securities legislation, as it may contain statements of Jesselton’s intended course of conduct and future operations of Jesselton and the Jesselton Funds. These statements are based on assumptions made by Jesselton of the success of its investment strategies in certain market conditions, relying on the experience of Jesselton’s officers and employees and their knowledge of historical economic and market trends. Investors are cautioned that the assumptions made by Jesselton and the success of its investment strategies are subject to a number of mitigating factors. Economic and market conditions may change, which may materially impact the success of Jesselton’s intended strategies as well as its actual course of conduct.
Non-Canadian Investors
This website is solely for investors resident in Canada. The information contained herein does not constitute an offer or solicitation to anyone in the United States or in any other jurisdiction in which such an offer or solicitation is not authorized or to any person to whom it is unlawful to make such an offer or solicitation. Prospective investors who are not resident in Canada should contact their financial advisor to determine whether securities of the Jesselton Funds may be lawfully sold in their jurisdiction.
Links to Other Sites
Links to non-Jesselton websites are provided solely as pointers to information on topics that may be useful to users of the Site. Jesselton does not review or control the content, and is not responsible for, any non-Jesselton websites linked from or linking to the Site on such non-Jesselton websites. Jesselton makes no warranties, either express or implied, concerning the content of such websites, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor do we warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such website or content is free of viruses or other contamination. Jesselton does not guarantee the authenticity of documents on the Internet. Links to non-Jesselton sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites.
Trade-marks and Copyrights
Certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of the Site may constitute trade names, registered or unregistered trade-marks or service marks (“Trade-marks”) of Jesselton Capital Management Inc. or other third parties.
Copyright © 2015 Jesselton Capital Management Inc. All information in the Site is protected under the copyright laws of Canada and/or other countries. Users of the Site shall be entitled to a single copy of any information for their own personal use but may not republish or reproduce any such information in any manner, including electronic reproduction by “uploading” or “downloading” or “mirroring”, without the prior written consent of Jesselton. Except as provided above, no one has permission to copy, display, distribute, download, license, modify, publish, repost, reproduce, reuse, sell, republish, use to create derivative work or otherwise use for public or commercial purposes in any form, any information found on the Site.
Any unauthorized downloading, re-transmission, or other copying or modification of Trade-marks or other contents of the Site may be a violation of statutory or common law rights which could subject the violator to legal action.
Governing Law
The Site is administered by Jesselton from its offices in Canada. Except where prohibited by the laws of your jurisdiction, the Site will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to the principles of conflicts of law, and notwithstanding your domicile, residence or physical location. All disputes, controversies or claims arising out of or in connection with the Site or the Terms of Service shall be submitted to and be subject to the exclusive 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 Site or the Terms of Service.
If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Any failure by us to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
We may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any feature, at any time. We may also impose limits on certain features or restrict your access to parts or all of the Site without notice or liability. We may terminate the authorization, rights and licence given in these Terms of Service and, upon such termination, you shall immediately destroy all information and materials obtained by you from the Site.
Accessibility Policy
Jesselton Capital Management Inc. (“Jesselton”) is committed to excellence in serving all our clients including those clients with disabilities. Jesselton will make every reasonable effort to ensure that persons with disabilities are provided equal opportunity to obtain, use and benefit from our services and facilities in a manner that respects their dignity and independence. We will work closely with individuals to assess their needs, individuals with disabilities may use assistive devices, service animals and support persons, as necessary.
Assistive Devices
We will ensure that Jesselton staff is trained and familiar with any assistive devices we may have on site.
Communication
We will communicate with all Jesselton clients with disabilities in ways that consider their disability.
Service Animals
We welcome Jesselton clients with disabilities and their service animals. Service animals are allowed in our office and office building.
Support Persons
A Jesselton client with a disability who is accompanied by a support person is allowed to have that support person accompany them on our premises.
Notice of Temporary Disruption
As Jesselton clients visit our premises by appointment only, any disruption or closure to our office would be communicated directly to any/all clients affected by such disruption/closure.
Training
Jesselton will provide training to all staff on providing excellent service to clients with disabilities. This training will be completed within 3 months of the employee’s hire date. This training will include:
- An overview of the Accessibility for Ontarians with Disabilities Act, 2005 and the requirements of the customer service standard.
- Jesselton ’s plan related to the customer service standard.
- How to interact and communicate with people with various types of disabilities.
- How to interact with people with disabilities who use an assistive device or require the assistance of a service animal or a support person.
- What to do if a person with a disability is having difficulty accessing our office/premises.
Staff will also be trained when any changes are made to the Jesselton Accessible Client Service Policy.
Accessibility Plan
This Multi-Year Accessibility Plan outlines the steps Jesselton has and will put in place to identify, remove and prevent barriers for people with disabilities and to comply with the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”).
Barrier Assessment
In accordance with the AODA and Jesselton ’s goal of providing an inclusive workplace, this Multi-Year Accessibility Plan commits to eliminate and prevent barriers to accessibility. Typical barriers experienced by individuals with disabilities include attitudinal, information and communication, technological, systemic, and physical and architectural barriers.
Employment Practices
Jesselton strives to meet the requirements of the AODA by ensuring an inclusive, barrier-free, accessible workplace that enables each employee to contribute and perform to their full potential on a daily basis.
Jesselton is committed to ensuring an inclusive, barrier-free, accessible recruitment process so that all individuals with disabilities who are interested in pursuing and who apply for employment with Jesselton are made aware of the accommodation measures available to them throughout the recruitment and hiring process, as well as during employment.
Jesselton will use reasonable efforts to accommodate individuals returning to work after being absent due to a disability. If other accessibility barriers are identified, Jesselton will seek to prevent and remove them in a way that is reasonable and practicable.
Training
Jesselton recognizes that it’s employees are an important resource in helping ensure a safe, dignified, and welcoming environment for everyone and will provide training to all employees on Ontario’s accessibility laws and on the Human Rights Code as it relates to people with disabilities. Training will be provided in a way that best suits the roles and responsibilities of Jesselton ’s employees.
Jesselton will ensure employees are provided with training to meet the requirements as required by the Customer Service Standard and Integrated Accessibility Standards.
Accessible Emergency Information
Jesselton is committed to providing its employees and clients with publicly available emergency information, in an accessible way, upon request. Jesselton will also provide disabled employees with individualized emergency response information when necessary.
Information and Communications
Jesselton will communicate on an ongoing basis, both internally and externally, our commitment to inclusivity and accessibility.
Jesselton will also solicit and respond to feedback with respect to our accessibility policies, practices, and procedures.
Jesselton will ensure our website and content published after January 1, 2021 conform with WCAG 2.0 Level AA, except where meeting the requirement is not practicable.
Built Environment
Jesselton has endeavored to remove barriers to accessibility within its leased premises.
Jesselton will comply with the requirements of the Design of Public Spaces Standard and will incorporate any changes to the built environment required under the Building Code Act, 1992.
Service Disruptions
In the event of a service disruption, Jesselton will notify the public of the disruption in service and available alternatives.
Feedback Process and For More Information
Jesselton is committed to accessibility and we welcome your feedback. If you wish to provide feedback or would like more information on the way Jesselton provides services to people with disabilities, please email (driverso@jesselton.ca) or call directly at +1 (416) 508-7524.