WEBSITE TERMS OF USE
Wellfield Technologies Inc. (“Wellfield”) welcomes you to this website (the “Website”).
The following sets out the terms and conditions under which you may access and use the Website, and the information and materials contained therein. By accessing the Website, you are agreeing to be bound by this Website Terms of Use (the “Terms of Use”). If you do not agree with these Terms of Use you may not access or use the Website or any information or materials contained therein.
The Website and the information contained therein may be changed or updated from time to time without notice. It is your responsibility to check for such changes. Wellfield may revise, supplement or delete information, materials, services and/or the resources contained in the Website and reserves the right to make such changes without prior notification to past, current or prospective visitors. If you do not agree with any amendment you must stop using and accessing the Website. Your continued access or use of the Website after any such changes are posted will constitute your acceptance of these changes. Although Wellfield believes this information to be correct at the time it is posted, Wellfield does not warrant the accuracy, completeness or currency of this information at all times and Wellfield cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information or materials on the Website.
You may not interfere with the security of, or otherwise abuse, the Website or any system resources, services or networks connected to, or accessible through, the Website. You may only use the Website for lawful purposes.
1. LIMITED LICENSE
Subject to these Terms of Use, you are granted a limited license only to display and print the materials and information contained in the Website for your own personal, non-commercial use, provided that such materials and information are not modified and that copyright and other intellectual property notices are not altered or deleted. You may not create derivative works from or otherwise reproduce, modify, republish or disseminate any materials or information contained in the Website in any manner or form whatsoever. Unless you have entered into a separate agreement with Wellfield, any other use of such materials or information without Wellfield’s written permission is prohibited.
2. PROPRIETARY RIGHTS
The materials and information contained in the Website are protected under the laws of Canada and of other countries. Certain words, phrases, names, titles, icons, graphics, designs or logos used on the Website may constitute trademarks, service marks or trade names of Wellfield or other entities. The display of trademarks, service marks or trade names on the pages of the Website does not imply that a license of any kind has been granted to anyone else. Except as specifically set out herein, you may not use any such trademarks, service marks or trade names in any manner whatsoever.
3. INVESTMENT DECISIONS
THE MATERIALS AND INFORMATION CONTAINED IN THE WEBSITE ARE PROVIDED FOR INFORMATION PURPOSES ONLY AND ARE NOT INTENDED TO CONSTITUTE A SOLICITATION OR AN OFFERING OF SECURITIES IN ANY JURISDICTION. Information disclosed under securities laws of any jurisdiction applicable to Wellfield is not intended to be in any way qualified, amended, modified or supplemented by the information otherwise available in, through or on the Website. Due to the technical and security risks inherent in the Internet, and because the document you access may differ from the original depending on your browser software, the information set out in the Website should not be used for the purpose of making investment decisions with respect to Wellfield.
IF YOU ARE GOING TO RELY ON ANY INFORMATION CONTAINED IN ANY DOCUMENT THEN YOU MUST OBTAIN THAT DOCUMENT DIRECTLY FROM THE APPROPRIATE SECURITIES REGULATORY AUTHORITIES. IF YOU NEED CURRENT INFORMATION THEN YOU MUST REFER TO DOCUMENTS, IF ANY, THAT HAVE BEEN FILED WITH THE APPLICABLE SECURITIES REGULATORY AUTHORITIES.
4. FORWARD-LOOKING STATEMENTS
The Website may contain statements that constitute “forward-looking information” within the meaning of applicable securities legislation including statements that contain words such as “could”, “should”, “can”, “anticipate”, “estimate”, “propose”, “plan”, “project”, “continue”, “expect”, “believe”, “will”, “may” and similar expressions and statements that are not related to historical facts. In particular, these statements include, among other things, certain statements regarding Wellfield’s growth strategy; budgets; projected costs; capital expenditures; taxes; internal controls; dividend policy; future financial position; results of operations; plans and objectives; access to capital; sources of funding; business strategy; financial results; and future cash flows of Wellfield.
You are cautioned not to place undue reliance on forward-looking information as there can be no assurance that the future circumstances, outcomes or results anticipated in or implied by such forward-looking information will occur or that plans, intentions or expectations upon which the forward-looking information is based will occur. By its nature, forward-looking information involves numerous assumptions, known and unknown risks and uncertainties, both general and specific, that contribute to the possibility that circumstances, events or outcomes anticipated or implied by forward-looking information will not occur, which may cause the actual performance and financial results in future periods to differ materially from the performance or results anticipated or implied by any such forward-looking information. Some of the risks and other factors which could cause results to differ materially from those expressed in the forward-looking information contained in the Website include, but are not limited to those risks contained from time to time in the Company’s public filings with the Canadian securities commissions at www.sedar.com.
Wellfield cautions that the foregoing list of risks and uncertainties is not exhaustive. Additional information on these and other factors which could affect Wellfield’s operations or financial results are included in Wellfield’s filings made with applicable securities regulatory authorities, if any.
Undue reliance should not be placed on forward-looking information which is based on management’s assumptions as at the date such information was provided and is subject to known and unknown risks and uncertainties, including the risks described above, which may cause actual performance and financial results in future periods to differ materially from any predictions of future performance or results expressed or implied by such future-looking information. Accordingly, you are cautioned that events or circumstances could cause results to differ materially from those predicted.
Forward-looking information is based on the estimates and opinions of Wellfield’s management at the time the statements are made in light of, and generally consistent with, its historical experience and its perception of historical trends, as well as certain expectations, generally consistent with, and informed by, its past experience, all of which are subject to the risk factors identified above. Wellfield assumes no obligation to update forward-looking information should circumstances or management’s estimates or opinions change, except as required by applicable law. The forward-looking information contained in the Website are expressly qualified by this cautionary statement.
5. PRIVACY
Our privacy policy can be accessed here. We encourage you to review this document periodically.
6. CONTENT THAT YOU SHARE WITH US
The Website may potentially contain features that allow you to share your resume / CV and other personal information (collectively, “Resume”) with us. By doing so, you consent that we may use your Resume for the purposes that it was provided to us (e.g. to evaluate your suitability for a position with Wellfield). You also represent and warrant that you have all rights necessary to share your Resume with us, and that your Resume is free from viruses and other malware.
Please note that we do not solicit or encourage submissions of feedback, ideas, improvements, or suggestions relating to the Website, Investor Relations content, or Wellfield’s business (collectively, “Content”). If you send us any Content, regardless of the topic, we will have no obligations with respect to such Content and may use them for any purpose whatsoever. For the avoidance of doubt, please note that by sharing Content through the Website, your Content may become publicly accessible. In consideration for using the Website, you grant to Wellfield a worldwide, non-exclusive, perpetual, irrevocable, transferable, royalty-free, right and license: (i) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), derive, transmit, display and perform, publicly or otherwise, such Content, in any media now known or hereafter developed, for Wellfield’s business purposes, and (ii) to sublicense the foregoing rights, through multiple levels, to the maximum extent permitted by applicable law. The foregoing licenses shall survive any termination of your use of the Website. For all of the Content you share through the Website, you represent and warrant that you have all rights necessary for you to grant these licenses, and that such Content, and your provision or creation thereof through the Website, complies with all applicable laws, rules, and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party, and is furthermore free from viruses and other malware. To the extent permissible by law, you irrevocably waive any moral rights (or other rights with respect to attribution of authorship or integrity of materials) regarding each item of user content that you submit.
7. CODE OF CONDUCT
You may not interfere with the security of, or otherwise abuse, the Website, or any system resources, services or networks connected to or accessible through the Website. You may only use the Website for lawful purposes. You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Wellfield’s computer systems or perform functions that you are not authorized to perform pursuant to these Terms of Use.
While using the Website, you agree to comply with all applicable laws, rules and regulations.
You further agree not to:
• mirror or frame any part of the Website without Wellfield’s express prior written consent; or
• use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site, without our express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Website’s root directory, Wellfield grants to the operators of public search engines a revocable, limited, non-exclusive license to use spiders to copy materials from the Website for the sole purpose of (and solely to the extent necessary for) creating publicly-available, searchable indices of such materials, but not caches or archives of such materials. For greater certainty, Wellfield reserves the right to revoke such licensees either generally or in specific cases, at any time and without notice.
We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity the Website.
Wellfield may, without notice, temporarily suspend your, or any other party’s, access to the Website if we reasonably suspect that you, or any other parties, are obtaining unauthorized access to our other systems or information, or are using otherwise valid user identifications or passwords in any other unauthorized manner. These suspensions will be for such periods of time as Wellfield may reasonably determine is necessary to permit the thorough investigation of such suspended activity.
8. COMMUNICATIONS THROUGH THE WEBSITE / E-MAIL
The Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Wellfield is not liable for any damages related to communications to, or from, the Website. You agree with respect to any information provided by you to us through the Website or via e-mail that:
• Wellfield has no obligation concerning such information;
• the information is non-confidential;
• Wellfield may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose; and
• the information is truthful and disclosure of the information does not violate the legal rights of others.
9. LINKS TO THIRD PARTY WEBSITES
Wellfield does not control any third party website and is therefore not responsible for the content of any linked website or any link contained in a linked website. Linked websites are not part of the Website. Wellfield provides such links only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by Wellfield of the linked website or information contained therein and Wellfield does not make any representations regarding the privacy practices, content or accuracy of materials on such third party sites.
10. INTERNET SOFTWARE OR COMPUTER VIRUSES
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information or materials contained on the Website. Computer viruses or other destructive programs may also be inadvertently downloaded from the Website.
Wellfield shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Website or your downloading of any of the information or materials from the Website. Wellfield recommends that you install appropriate anti-virus or other protective software.
11. DISCLAIMER OF WARRANTIES
THE WEBSITE, AND ALL MATERIALS AND INFORMATION CONTAINED THEREIN, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” AND ARE USED BY YOU AT YOUR SOLE RISK. WELLFIELD MAKES NO EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS WHATSOEVER, INCLUDING THOSE IMPLIED BY STATUTE OR LAW, AND SPECIFICALLY DISCLAIMS THE SAME INCLUDING WITHOUT LIMITATION, ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WELLFIELD HEREBY EXPRESSLY DISCLAIMS ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED IN THE WEBSITE.
IN ADDITION, WITHOUT LIMITING THE FOREGOING, WELLFIELD DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE MATERIALS OR INFORMATION CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE. THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WELLFIELD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH BUGS, ERRORS, PROBLEMS OR LIMITATIONS IN THE OPERATION OF, OR ANY INFORMATION OR MATERIALS CONTAINED IN, THE WEBSITE.
12. EXCLUSION OF LIABILITY
AS ABOVE, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY OF THE MATERIALS OR INFORMATION CONTAINED THEREIN.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WELLFIELD OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SECURITY HOLDERS, PARTNERS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER, OR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR LOSS OF OPPORTUNITY IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH OR ARISING FROM YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE WEBSITE OR WITH ANY LINKED THIRD-PARTY WEBSITE, THE MATERIALS OR INFORMATION CONTAINED THEREIN, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN EVERY EVENT, BY USING OUR WEBSITE, YOU AGREE THAT WELLFIELD’S TOTAL MAXIMUM AGGREGATE LIABILITY TO YOU UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE WEBSITE, THE INFORMATION OR THE MATERIALS CONTAINED THEREIN, IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) DOLLARS.
THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR WELLFIELD TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY WELLFIELD, WELLFIELD WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT CHARGING SUBSTANTIAL FEES.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
13. INDEMNIFICATION
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY AND HOLD WELLFIELD AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PREDECESSORS, SUCCESSORS, ASSIGNS, EMPLOYEES, AND AGENTS HARMLESS AGAINST ALL CLAIMS OR LIABILITY ASSERTED AGAINST WELLFIELD ARISING OUT OF OR IN CONNECTION WITH ANY BREACH BY YOU OR ANYONE ACTING ON YOUR BEHALF OF ANY OF THESE TERMS OF USE.
14. GENERAL
Wellfield is headquartered in British Columbia, Canada and the Website is controlled, operated and administered by Wellfield from British Columbia, Canada. The Website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of British Columbia, Canada, by accessing the Website, you acknowledge and agree that all matters relating to these Terms of Use and access to, or use of, the Website (including any of the materials or information contained therein), and the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of the Province of British Columbia and those of Canada applicable therein (without reference to conflicts of laws principles). You agree that any legal action or proceeding between you and Wellfield which in any way concerns these Terms of Use or the use of the Website or any materials or information contained therein maybe brought in the courts in British Columbia, Canada. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against Wellfield relating to any such dispute and you also agree to opt out of any class proceedings against Wellfield. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction to obtain injunctive or other emergency or similar relief.
Wellfield may terminate these Terms of Use for convenience at any time.
Wellfield makes no representation that access to the Website or that the information contained therein is appropriate or legal in all jurisdictions. You may not access the Website or use any information in those jurisdictions where it would be illegal. In any case, your access to the Website is entirely at your own initiative and you are responsible for ensuring that all laws are complied with.
Wellfield’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
If any provision or part thereof of these Terms of Use is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention, ainsi que tous les documents qui s’y rattachent, soient en anglais.
Sections 6, and 11 through 15 inclusive shall survive any termination or expiry of these Terms of Use.
15. CONTACT INFORMATION:
Our contact information is as follows:
Wellfield Technologies Inc.
666 Burrard St., Suite 2500
Vancouver, BC V6C 2X8
[info@wellfield.io]
www.wellfield.io
LAST UPDATED: November 15 2021