Legal

Terms of Use

Fengate Corporation (“Fengate Corporation”) and Fengate Capital (“Fengate Capital Management Ltd.”) (collectively, “Fengate”) have produced this website (the “Website”) for informational purposes only.

By using the Website, you are indicating your acceptance of, and agreement to be legally bound by, these Terms of Use. If you do not accept and agree to be legally bound by and comply with all of these Terms of Use, you are not permitted to access or otherwise use the Website.

Informational Use Only

The information contained in the Website (the “Information”) is believed to be accurate at the time of publication and/or update of the Website; however, Fengate does not guarantee or warrant or make any representations concerning the quality, suitability, accuracy completeness or timelines of the Information contained in the Website.

This Website and the Information contained within it may include statements about expected future events and/or financial results that are forward-looking in nature and subject to risks and uncertainties. Fengate cautions that actual performance will be affected by a number of factors, many of which are beyond Fengate’s control. Future results may vary significantly from Fengate’s current expectations.

This Website and the Information contained within it does not constitute an offer or solicitation by anyone in any 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.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event will Fengate be liable to any party for any claim or any direct, indirect, exemplary, incidental, punitive, special or other consequential damages arising out of information available in the Website.

To the maximum extent permitted by applicable law, the Website and each component of the Website (including, without limitation, the Website content) are provided “as is” and “as available”, without any representations, conditions or warranties whatsoever. The entire risk associated with the use of the Website and each component of the Website (including, without limitation, the Website content) resides with you. Fengate expressly disclaims, to the fullest extent permitted by applicable law, all other representations or warranties, whether express, implied, or statutory, including, without limitation, any warranties of title, non-infringement, non-interference and/or quiet enjoyment, system integration, merchantability, fitness for a particular purpose and accuracy.

Without limiting the generality of the foregoing, Fengate makes no representation or warranty that: (i) the Website or any component of the Website will be compatible with your computer, mobile or other device and/or software; (ii) the Website or any component of the Website will be available or will function without interruption or error; (iii) the use of the Website or any component of the Website, including, without limitation, the browsing and downloading of any information or material, will be free of any viruses, trojan horses, worms or other destructive, intrusive or disruptive components; (iv) the transmission of information to and from the Website will be secure; (v) the use of the Website or any component of the Website will not infringe the rights (including, without limitation, intellectual property rights) of any person or entity; or (vi) the use of the Website or any component of the Website will not cause any damage to your computer, mobile or other device, software or electronic files.

Intellectual Property

All the information including without limitation all text, logos, images and renderings contained within and depicted on this Website are the sole and exclusive property of Fengate Corporation and may not be copied, reproduced, quoted from or otherwise used or reproduced without the prior written consent of Fengate Corporation.

FENGATE, FENGATE Design, FENGATE CAPITAL, FENGATE CAPITAL MANAGEMENT, FENGATE PROPERTY MANAGEMENT, FENGATE MAINTENANCE, FENGATE REAL ASSET INVESTMENTS, REAL ASSET INVESTMENTS and all trade names, trademarks, domain names, logos and indicia of origin otherwise referred to on the Website or otherwise associated with Fengate or any of its affiliated entities (the “Brands”) are registered or unregistered trademarks owned by Fengate Corporation or are otherwise the sole and exclusive property of Fengate Corporation which may be used under license in some instances.  The use or reproduction of any of the Brands is expressly prohibited without the prior written consent of Fengate Corporation.

Other trade names, trademarks or logos referred to on the Website and that are not may be trademarks of their respective owners.

Modifications

We reserve the right, in our sole and absolute discretion, to modify all or any portion of the Website, and/or these Terms of Use, at any time without further notice and without incurring any liability or obligation. Your continued access to and/or use of the Website after any such changes constitutes your acceptance of, and agreement to be legally bound by, these Terms of Use, as revised.  It is your sole responsibility to regularly check the Website to determine if there have been any changes to these Terms of Use and to review such changes.

General

If any provision of these Terms of Use is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No failure to exercise or waiver of any provision of these Terms of Use shall be deemed to be a further or continuing waiver of such provision or any other provision of these Terms of Use. These Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign these Terms of Use to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.

Privacy Policy

This Fengate Corporation (“Fengate Corporation”) and Fengate Capital (“Fengate Capital Management Ltd.”), (collectively, “Fengate”) privacy policy (“Privacy Policy”) summarizes what personal information we collect on our Website, and how we use and disclose this information. This Privacy Policy also describes other important topics relating to your privacy.

By using this website (the “Website”), or by choosing to submit personal information to Fengate, you signify your consent to all of the terms of this Privacy Policy. If you do not agree with any terms of this Privacy Policy, please do not use this Website or submit any personal information to Fengate.

Fengate reserves the right to modify this Privacy Policy at any time. We will reflect any such modifications to this Privacy Policy on our Website and will indicate on this page the date this Privacy Policy was last amended. Please periodically review this Privacy Policy so that you know what personal information we collect, how we use it, and with whom we may share it.

Information Collection

Personal information is information about an identifiable individual, such as your name, address, telephone number, or e-mail address.

When submitting an inquiry or completing a form on our Website, as appropriate, you may be asked to enter your: name, e-mail address, mailing address or phone number. We also collect any personal information you choose to include in your inquiry. You may, however, visit our site anonymously.

Information Use

Any of the information we collect from you may be used in one of the following ways:

  • To personalize your experience (your information helps us to better respond to your individual needs);
  • To improve our Website (we strive to improve our Website offerings based on the information and feedback we receive from you);
  • To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs);
  • To operate our Website in accordance with its Terms of Use;
  • To respond to your questions or inquiries;
  • To send you informational or promotional communications that you have agreed to receive;
  • To carry out other purposes that are disclosed to you and to which you consent; or
  • To carry out any other purpose permitted or required by law.

If you have provided us with your personal information, but later decide you no longer want us to send you any information from us, you may unsubscribe by using the unsubscribe message in our commercial communications.

Information Protection

We implement a variety of security measures to help maintain the safety of your personal information when you enter, submit, or access your personal information, including physical, organizational and technological protections.

After an inquiry, your private information (emails, phone numbers, etc.) will not be stored on our servers without your express consent.

Personal information may only be accessed by persons within our organization, or our third party service providers, who require such access to carry out the purposes indicated above, or such other purposes as may be permitted or required by the applicable law. Personal information we collect is maintained at #700- 2275 Upper Middle Road East, Oakville, Ontario.

Although we have taken measures to help protect our Website, computer systems and any personal information that we have collected from unauthorized use, access, disclosure, misuse, alteration or destruction, no security measures can provide absolute protection. We cannot ensure or warrant the security of any information you provide to us.

Cookie Use

We do not use cookies.

Third Party Information Disclosure

We may transfer personal information to trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate or required to comply with the law, enforce our Website policies, or protect ours or others rights, property, or safety.

We reserve the right to transfer any personal information we have about you in the event that we merge with or are acquired by a third party, or should any such transaction be proposed.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other purposes.

Third Party Links

Occasionally, at our discretion, we may include or offer links to third party websites, products or services on our Website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our Website and welcome any feedback about these third party sites. Any links from this Website to other websites, or references to products, services or publications other than those of Fengate, do not imply the endorsement or approval of such websites, products, services or publications by Fengate.

Online Privacy Policy Only

This online privacy policy applies only to information collected through our Website and not to information collected offline.

Access and Rectification

You have a right to request access to your personal information and to request a correction to it if you believe it is inaccurate. If you have submitted personal information to Fengate and would like to have access to it, or if you would like to have it removed or corrected, please contact us using the contact information provided below. We will use reasonable efforts to comply with your request; however, in some cases we may not be able to allow you to access certain personal information in certain circumstances, for example if it contains personal information of other persons, or for legal reasons. In such cases, we will provide you with a reasonable explanation of why it is not possible to grant access to your personal information.

Terms and Conditions

Please also visit our Terms of Use section establishing the use, disclaimers, and limitations of liability governing the use of our website.

Your Consent

By using our Website or by providing us with personal information, you consent to our Privacy Policy.

How to Contact Us

If you have any questions regarding this Privacy Policy, any personal information you have submitted to us, or if you would like to access personal information that you have already provided to us so that you can correct or update it, or request that it be deleted; or to report any violation of this Privacy Policy; please advise us by contacting our General Counsel by writing to:

Fengate – Real Asset Investments
#700- 2275 Upper Middle Road East,
Oakville, ON, L6H 1C3

You may also call us at (905) 491-6599.