Terms and Conditions

Purpose

The purpose of KV Capital Inc. (referred to hereinafter as “KV Group” “KV Capital”, “KV Mortgages”, us”, “we”, or “our”) is to connect you to our product and services.

Terms and Conditions (“Terms”), the Privacy Policy, and all other policies posted on our website set out the terms on which you are offered access to the use of kvcapital.ca and kvmortgages.ca, our website, services, application, and tools (collectively our “Site” or “Services”). All policies and the Privacy Policy are incorporated into these Terms. You agree to comply with the Terms and Privacy when accessing or using our Services.

These Terms apply to all consumers, businesses, visitors, and others who access or use our Services (collectively “Users”). By accessing or using our Services you agree to be bound by these Terms and accept all legal consequences.

Description of Service

KV Capital Inc. is a private mortgage brokerage, private real estate lender and real estate investment company. It is registered with the Alberta Securities Commission (ASC), the British Columbia Securities Commission (BCSC) and the Ontario Securities Commission (OSC) as an exempt market dealer. It is also registered as an investment fund manager with the ASC and OSC and as a restricted portfolio manager with the ASC. The ASC is the principal regulator of KV Capital. As part of its business, KV Capital offers short-term mortgage financing to borrowers that either cannot or choose not to obtain conventional bank financing. KV Capital also provides services to KV Mortgage Fund Inc., an Alberta based Mortgage Investment Corporation.

The Service includes (a) the Site, (b) any other services provided to You through the “Site”.

Using Our Services

When using our “Site”, You agree not to access, copy, or otherwise use our intellectual property and trademarks, except as authorized by these Terms of. You agree not to use KV Group to:

  • Violate any laws;
  • Be false, misleading, or impersonate another person;
  • Infringe any third party’s intellectual property or proprietary rights;
  • Distribute viruses; use any robot, spiders or other means to access, limit, interrupt, or destroy our data or Services;
  • Distribute or contain spam or pyramid schemes;
  • Be obscene, fraudulent, defamatory, libelous, indecent, discourteous, racially or ethnically offensive, harassing, threatening, abusive, pornographic or discriminatory;
  • Conduct business other than in a socially responsible and reputable manner and in compliance with all laws;
  • You agree to provide truthful and accurate Content;
  • You will not upload invalid data, worms, viruses, or other software agents through the Service or Software;
  • You agree not to bully, stalk, harm, or harass, another individual who uses our Site or Service;
  • You agree not to hack, phish, or spam us or other users;
  • You agree not to accesses the site for the purposes of making a product using similar features, functions, ideas, interface as those found in the “Site”;
  • Commit fraud or preform any illegal activities through your use of the KV Group;

Intellectual Property

Our Services and all contents, including but not limited to text, images, graphics or code are the property of KV Group and are protected by copyright, trademarks, database and other intellectual property rights.

Waiver of Moral Rights

You waive and agree not to assert any “moral rights,” “rights of integrity,” “rights of paternity,” or similar rights to object to or prevent modification of any Intellectual Property, or to insist upon being identified as the creator or author of any Intellectual Property.

Links to Other Web Sites

Our Services may contain links to third-party web sites or services that are not owned or controlled by KV Group.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. If you decide to access any of the third-party websites linked to our Services, you do so entirely at your own risk.

Indemnification

You agree to indemnify, defend and hold harmless KV Group., its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, costs, actions, or demands resulting from the use of our Services, any breach of these terms, or use of any Content.

These include but are not limited to: (a) legal and accounting fees resulting from your use of our Services; (b) your breach of any of these Terms; and (c) anything you post on or upload to our Services. This includes any negligent or illegal conduct by you, any person, entity, or third-party accessing our Services, whether or not such access is obtained via fraudulent or illegal means.

Limitation of Liability

KV Group, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of our Services; (ii) your inability to access or use our Services; (iii) any conduct or content of any other User or third-party on or related to our Services; (iv) any content obtained from or through our Services; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer and Non-Waiver of Rights

Our Services are provided “as is” and “as available”. We cannot guarantee continuous or secure access to our Services. Notification functionality in our Services may not occur in real time. Such functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. Our Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law of Alberta shall apply to the extent necessary.

We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special indirect, or consequential damages arising out of our Services, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.

If you breach any of these Terms and we choose not to immediately act, or choose not to act at all, we will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. We do not waive any of our rights. We shall not be responsible for any purported breach of these Terms caused by circumstances beyond our control. A person who is not a party to these Terms shall have no rights of enforcement. You may not assign, sub-license, or otherwise transfer any of your rights under these Terms.

Governing Law and Forum for Disputes

These Terms shall be governed by, interpreted, and enforced in accordance with the laws in the Province of Alberta and the laws of Canada, as applicable therein. Any claims, legal proceeding, or litigation (collectively “Claims”) will be brought solely in Edmonton, Alberta, Canada and you irrevocably attorn to the exclusive jurisdiction of such courts. You are responsible for paying our legal costs on a full indemnity or solicitor and own client basis if your Claim is dismissed, withdrawn, stayed, or otherwise found to be without merit or contrary to these Terms by a court of competent jurisdiction. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements, oral or otherwise, regarding our Services.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will notify you by placing a prominent notice on our website.

Contact Us

If you have any questions about these Terms and Conditions, please contact us by submitting a form on the website.

Privacy Policy

Purpose

The following policy (“Privacy Policy”) outlines how the providers of KV Capital Inc. (referred to hereinafter as “KV Group” “KV Capital”, “KV Mortgages”, “us”, “we”, or “our”) operate our Services and how we will collect, use, protect and disclose personal information provided to us.

Personal Information Collection, Use, Disclosure, and Consent

We are committed to providing our consumers, businesses, visitors, and others who access or use our Services (collectively “Users”, “you”, “your”) with exceptional service. Personal information is any information which can identify an individual or company and which is disclosed to us or which we create within the context of our relationship with an individual (“Personal Information”).

Protecting your Personal Information is one of our highest priorities. We allow You to upload information, text, files, and other materials (collectively, “User Content). We take the privacy of your “User Content” and “Personal Information” serious. Our privacy policy complies with the “General Data Protection Regulation” or “GDPR”. We take appropriate protection and care with respect to the treatment of your user information in accordance with the GDPR.

What Personal Information We Collect

We collect the following types of Personal Information including but not limited to:

  • Information that you provide to us when you inquire for a Services such as first name, last name, email, and phone number;
  • Information we collect through cookies, web beacons and similar technologies;
  • Additional information that you may provide to us through social media sites or third-party services;
  • Information about your location and the location of your device, including your device’s unique identifier information if you have enabled this service on your mobile device;
  • Information from your interaction with our Services, including but not limited to device ID, device type, log data, geo-location information, computer and connection information, statistics on page views, traffic to and from KV Group, referring URL, ad date, IP address and standard web log information;
  • Additional information that you may provide to us through third-party services such as Facebook (name and email)
  • Additional information about you from third-parties including demographic data, navigation data, additional contact data, and additional data about you from other sources, such as public authorities, to the extent permitted by law.

We collect Personal Information that you provide to us when you use our Services including when you participate in activities such as the following:

  • Subscribing;
  • Opening or responding to emails;
  • Contacting us;
  • Filling out applications;

Use of the Personal Information We Collect

We will not use or share your Personal Information with anyone except as described in this Privacy Policy. We will only collect and use Personal Information that is necessary to fulfill the following purposes:

  • To verify identity;
  • To identify your preferences;
  • To administer, support, improve and develop our Services to ensure you receive a high standard of service;
  • To enable us to show you ads on our Services that are more relevant to you;
  • To contact you for your views on our Services and notify you of important changes or developments to our Services;
  • To understand your needs for, and determine your suitability for, products and services;
  • To provide our Services to you and inform you of new products and services;
  • To provide you access to our Services, feedback, and customer support and answer your questions by means of email or telephone;
  • To prevent, detect, and investigate potentially prohibited or illegal activities, fraud and security breaches and to enforce our Terms;
  • To comply with legal, regulatory and other obligations;
  • For any other purpose of which you are notified, whether statistical or analytical.

Behavioral Remarketing

We use remarketing services to advertise on third-party web sites to you after you visited our Services. We, and our third-party vendors, use cookies to inform, optimize and serve ads based on your past visits to our Services. In certain circumstances, your implied consent to our accessing, using or disclosing your Personal Information may be provided if you do not instruct your web browser to refuse all cookies, or to indicate when a cookie is sent, or if you do not opt out of Google Analytics or other services, as indicated below.

Google

Google AdWords remarketing service is provided by Google Inc.

You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads

Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout– for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: http://www.google.com/intl/en/policies/privacy/

Facebook

Facebook remarketing service is provided by Facebook Inc.

You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950

To opt-out from Facebook’s interest-based ads follow these instructions from Facebook: https://www.facebook.com/about/ads/#568137493302217

Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.

For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation

Transfer to Third-Parties and Service Providers

We will not sell your Personal Information to other parties unless consent has been provided or implied. There are some instances where we may need to disclose Personal Information to a third-party service provider. We may share any Personal Information we have collected about you or that you have submitted:

  • When you explicitly consent to the disclosure of such information to a third-party
  • When connecting to a third-party service that asks you if you consent to such sharing;
  • To third-party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Services’ functionality;
  • To a parent company, subsidiaries, joint ventures, or other companies under common control of ours;
  • If this information is not private, is aggregated or is otherwise non-personal information, such as your public user profile information and related public data;
  • To submit quotes or proposals to prospective customers, clients, or investors;
  • To explore and/or undertake corporate opportunities, including a merger, acquisition, amalgamation, IPO, reorganization or sale, including the due diligence process and the transfer of information through to closing of any such transaction;
  • As required by law.

We may employ third-party companies and individuals to facilitate our Services, to provide our Services on our behalf, to perform Service-related services or to assist us in analyzing how our Services are used. These third-parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Where you have indicated accordingly, you agree that we may also share your Personal Information with these service providers to help us analyze the information we collect so that we can administer, support, improve, and develop our Services to you. Personal Information shared with such third-parties will be used in accordance with such third-parties’ own privacy practices which we do not have control over. You should review such privacy practices before agreeing to have your Personal Information shared with such third-parties. In the event that a third-party service provider is located outside of Canada, the government, courts or law enforcement or regulatory agencies of that jurisdiction may be able to obtain disclosure of your Personal Information through the laws of that jurisdiction. We are not responsible for the use, misuse, or otherwise of your Personal Information by any third-parties.

Consent to Collection and Use of Personal Information

In addition to providing your consent for the purposes contained in the Terms and Privacy Policy, you provide implied consent where our purpose for collecting, using, or disclosing your Personal Information would be considered obvious or reasonable in the circumstances. Consent may also be implied where you have notice and a reasonable opportunity to opt-out of having your Personal Information used for mail-outs, marketing, or fundraising and you do not opt-out.

We may collect, use, or disclose Personal Information without your consent:

  • When permitted or required by law;
  • In an emergency that threatens an individual’s life, health, or personal security;
  • When the Personal Information is available from a public source;
  • When we require legal advice from a lawyer;
  • For the purposes of collecting a debt or protection from fraud;
  • Any other legally established reasons.

By submitting your Personal Information to us, you have consented to our use and disclosure of the Personal Information for the purposes as outlined in this Privacy Policy. If we wish to use or disclose your personal information other than as described in this Privacy Policy, we will obtain your express consent before doing so.

If you prefer that we not use or disclose your Personal Information for any of these purposes, you may notify us in writing at any time. If you do not notify us, we will consider you to have consented to our continued use and disclosure of your Personal Information. A notification that we not use or disclose your Personal Information for certain purposes may affect our ability to provide you with our Services.

Retention and Security of Your Personal Information

We retain your Personal Information for the time necessary to fulfill the identified purposes or a legal or business purpose. We will make reasonable efforts to ensure that your Personal Information is accurate and complete. You may request correction to your Personal Information to ensure its accuracy and completeness. A request must be in writing and provide sufficient detail to identify your Personal Information and the correction being sought.

We are committed to ensuring the security of your Personal Information and User Content. We use industry standard physical, electronic, and organizational safeguards to protect your user information against loss or theft as well as unauthorized access and disclosure to protect your privacy. We use passwords, encryption, firewalls, restricted employee access and/or other methods, in our discretion.

We will use appropriate security measures when destroying your Personal Information and User Content such as deleting electronically stored information, in our discretion. The security of your Personal Information and User Content is important to us, and we employ many different security techniques to protect such data from unauthorized access by users inside and outside the company. However, “perfect security” does not exist and that no method of transmission over the internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information and User Content, we cannot guarantee its absolute security.

Access to Your Personal Information

You have the right to access, update, and correct inaccuracies in your Personal Information, subject to certain exceptions prescribed by law. You may request access, updating, and corrections of inaccuracies in the Personal Information we have in our custody or control by emailing us at the contact information set out below. We may request certain Personal Information for the purposes of verifying your identity when requesting access to or correction of your Personal Information records. If your request for Personal Information entails a significant cost due to time, resources or copying, there may be a charge.

If you would like to delete your data or request a copy of your data please contact us through a form on our website. Once your data is deleted it is gone from our servers.

International Transfer

Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside Canada and choose to provide information to us, please note that we transfer the information, including Personal Information, to Canada and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Links to Other Sites

Our Services may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third-party’s site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over, and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you by placing a prominent notice on our website.

Contact Us

If you have any questions about this Privacy Policy, please contact us through a form on our website.