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Terms and Conditions of Use

First Posted: 4/1/2025 | Last Modified: 4/1/2025

KM Capital (“we,” “us,” “our”) is a provider of merchant cash advance services and related financial products for businesses in Canada. By accessing or using this Website, the products, and services (collectively, the “Site”), you (“you,” “your,” “the customer”) agree to abide by the following Terms and Conditions (“Terms”). If you do not agree with these Terms, you must immediately stop using the Site.

Acceptance of Terms

By accessing or using the Site or any products or services provided by KM Capital, you acknowledge that you have read, understood, and accept these Terms, as well as our Privacy Policy. Any amendments to these Terms will be posted on the Site, and your continued use signifies your acceptance of the revised Terms. If you do not accept these Terms, you agree to cease using the Site and any associated services immediately.

Modifications to Terms

KM Capital reserves the right to modify or update these Terms at any time, without prior notice. Any changes will be effective immediately upon posting. Please review these Terms periodically for any updates. Your continued use of the Site after such changes constitutes your acceptance of those changes.

Electronic Communications

By using KM Capital's services or communicating with us via email, text, or other electronic means, you consent to receive electronic communications, including agreements, disclosures, notices, and any information required by applicable law or regulation. All such communications will have the same legal effect as if they were provided in writing. You acknowledge that electronic communications satisfy any legal requirement that such communications be “in writing.”

You agree to notify KM Capital if your email address changes. To electronically receive, view, and save communications, you must have access to a personal computer or mobile device with a modern web browser, a printer or other storage device, and a valid email address. By participating in electronic communications, you agree that these will be legally binding and valid.

Electronic Signature

By accepting these Terms and engaging with the services, you agree to be bound by electronic signatures. You consent that your electronic signature, whether through a click-to-accept mechanism or other means, will have the same legal effect as a physical signature. Your participation in electronic processes associated with agreements or documents will be deemed valid and binding.

You may change your consent to electronic communications at any time by providing us with written notice. However, any communications provided before withdrawal of consent will remain effective and binding.

Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING THE UNAVAILABILITY OF SERVICES FOR ANY REASON, OR ANY SYSTEM FAILURE OR MALFUNCTION ASSOCIATED WITH THE SERVICES. THIS LIMITATION APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PARTIES UNDERSTAND THAT THE SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS.

Warranty Disclaimer

WE DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY LIABILITY FOR ERRORS OR OMISSIONS IN ANY INFORMATION PROVIDED ON THE WEBSITE OR AS PART OF THE SERVICES, AND ANY WARRANTIES REGARDING THE OPERABILITY OF THE SERVICES OR LIABILITY FOR ANY SERVICE INTERRUPTIONS OR SYSTEM FAILURES THAT MAY AFFECT THE SERVICES.

License to Use the Site

The contents of the Site, including but not limited to text, images, logos, software, and other materials, are protected by copyright, trademark, and other intellectual property laws. KM Capital grants you a non-exclusive, non-transferable license to access and use the Site for personal, informational, and non-commercial purposes only. You may not use any materials from the Site for commercial purposes without prior written consent from KM Capital. Reproduction, redistribution, or modification of any part of the Site is strictly prohibited unless specifically authorized by us.

Intellectual Property Ownership

All intellectual property rights, including copyrights, trademarks, and patents related to the Site, services, and content, are owned by KM Capital or its licensors. You are granted a limited, non-exclusive license to use the Site for personal, non-commercial purposes in accordance with these Terms. All content, including but not limited to text, images, logos, and software, is the property of KM Capital and protected by intellectual property laws. You acknowledge that you have no ownership rights over the content of the Site and will not use such content beyond the scope of your permitted use under these Terms.

Restricted Access to Certain Areas of the Site

Certain areas of the Site may require a secure login (username and password). You agree to protect your login credentials and not share your username and password with unauthorized persons. You assume full responsibility for any unauthorized access or use of the Site resulting from your failure to protect your login credentials.

User Responsibilities and Prohibited Conduct

You agree to use the Site and services in accordance with all applicable laws and these Terms. You are solely responsible for ensuring that your use of the Site does not violate any laws, regulations, or rights of others. You agree not to engage in any unlawful or prohibited activities, including, but not limited to:

  • Fraud or misrepresentation
  • Hacking or attempting to access secure areas of the Site without authorization
  • Distributing harmful viruses or malicious code
  • Interfering with or disrupting the functioning of the Site
  • Violating the intellectual property rights of KM Capital or third parties

We reserve the right to suspend or terminate your access to the Site if you engage in any prohibited conduct.

Compliance with Laws

You agree to comply with all applicable local, provincial, and federal laws and regulations when using the Site and services. You are solely responsible for ensuring that your use of the Site complies with all relevant legal requirements. If you are accessing the Site from outside Canada, you are responsible for ensuring that your use of the Site is compliant with the laws of your jurisdiction.

Privacy and Data Security

KM Capital is committed to protecting your personal information in accordance with our Privacy Policy. However, you acknowledge that the internet is not a completely secure medium, and despite our best efforts, we cannot guarantee the security of information transmitted via the Site. KM Capital is not liable for any damages arising from unauthorized access to or alteration of your information.

Disclaimer of Warranties

The information and services provided on or through the Site are made available for informational purposes only. While we strive to ensure accuracy, we make no warranties regarding the completeness or usefulness of the information. All content is provided “as-is“ and without warranty of any kind. You agree that use of the Site is at your own risk, and we do not warrant that the Site will be uninterrupted or error-free.

Indemnification

You agree to defend, indemnify, and hold harmless KM Capital, its affiliates, employees, agents, and contractors from any liability, loss, claim, or expense, including legal fees, arising out of your use of the Site or violation of these Terms.

Use of Third-Party Links

The Site may contain links to third-party websites. KM Capital is not responsible for the content or accuracy of these third-party sites, nor do we endorse or control them. Access to third-party sites is at your own risk.

Mobile Services

If you access KM Capital's services through mobile applications or mobile-optimized websites, the following additional terms apply:

    Fraud or misrepresentation

  • Mobile services may not offer all features available on the full Site.
  • You must be enrolled in KM Capital's online services to access mobile services.
  • You may incur charges from your service provider for using mobile services.

Social Media Pages

KM Capital may maintain social media pages where you can comment, share content, or ask questions. By interacting with our social media pages, you agree to comply with the general terms of use of the respective social media platforms and to refrain from posting defamatory, abusive, or unlawful content.

General Provisions

Governing Laws: These Terms will be governed by and construed in accordance with the laws of the Province of Ontario, Canada. You consent to the exclusive jurisdiction of the courts located in Ontario for resolving any disputes arising out of these Terms.

Severability: If any provision of these Terms is found to be unenforceable, it will be modified by the court to the extent necessary to make it enforceable. The remaining provisions will remain in full force.

Waiver: No waiver of any provision of these Terms will be deemed a waiver of any other provision or future breach.

Contact Information

For any questions or concerns regarding these Terms, please contact KM Capital at: