1. Description of Convergence
- Convergence is a platform that brings together public and private investors for blended finance investments in emerging and frontier markets. Convergence is a non-profit corporation, registered in Ontario, Canada.
2. Membership Enrolment
3. Account Name and Password
Each User will create a unique account name and a password. Users cannot share their account name, account information and password with anyone else. Account information should be protected and kept secure by each User. Access to the Website is controlled by account name and password.
You agree that you are fully responsible for maintaining the confidentiality of your account name and password and that you will be responsible for any breach of this obligation, including any damages which flow from, or are connected to, such breach, without limitation.
You agree that you are fully responsible for all activities that occur under your password. You also agree to contact us immediately if you have any reason to believe that your password has been compromised. You further agree to ensure that you exit from your account at the end of each session. Convergence reserves the right to request a change of password at any time to protect the security of the Website.
Members and Users must advise Convergence immediately of any changes of Personal Information (as hereinafter defined) including name and email address by email to [email protected]. If Convergence realizes that some of its records are inaccurate, it may contact you to verify its records. Convergence reserves the right to cancel any account for which it has incomplete or inaccurate Personal Information. Convergence reserves the right to refuse issuance of an account name and password to any person who does not follow the prescribed enrolment procedures.
5. Copyright and Intellectual Property
Convergence grants a worldwide, royalty-free, non-exclusive and perpetual license to use, reproduce and distribute information, content, data, presentations, studies or other materials created, compiled or provided by Convergence (“Convergence Materials”) FOR NON-COMMERCIAL PURPOSES, subject to including the following in all uses or reproductions of the Convergence Materials: (i) the following credit: “Source: Convergence ©” and (ii) a link to the original source on the Convergence website (the “License”). Notwithstanding the foregoing, you may only reproduce or distribute the Convergence Materials as part of wider materials created by the you. You may not reproduce or distribute the Convergence Materials on a STANDALONE BASIS or use the Convergence Materials for COMMERCIAL PURPOSES, unless you received the prior written consent of Convergence to do so.
Convergence, Convergence Materials and the Website are protected by Canadian and worldwide intellectual property laws including copyright laws and treaty provisions and the presentation and each of the materials, including trademarks, logos and domain names, posted on the Website are owned by Convergence. With the exception of the License (noted above), any unauthorized copying, redistribution, reproduction or modification of the contents of Convergence or the Website by any person may be a violation of trademark and or copyright laws and could subject such person to legal actions.
Convergence, Convergence Materials and the Website may be covered by one or more patents or other statutory intellectual property rights, and are subject to trade secret and other proprietary rights. Convergence reserves all such rights.
Certain names, graphics, logos, icons, designs, words, titles and phrases used by Convergence, Convergence Materials and the Website constitute trade-marks, trade names, trade dress and associated products and services of Convergence and are protected in Canada and internationally and their display on the Website does not convey or create any licence or other rights in these trade-marks, trade names, trade dress and associated products and services. With the exception of the License (noted above), any use of these trademarks, trade names, trade dress and associated products and services, in whole or in part, without prior written authorization by Convergence is strictly prohibited.
6. Prohibited Uses
You may not, nor may you allow others to, directly or indirectly, and in each case as applicable: (a) print or copy any of the HTML or other computer software that is accessible at this Website; (b) use this Website in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Website or any services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through this Website (including without limitation uploading, posting or otherwise transmitting on this Website computer viruses, Trojan horses, worms or other files or computer Websites which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on this Website’s infrastructure; or using any robot, spider or other automatic Website or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Website in whole or in part); (c) use or attempt to use another’s information in connection with this Website, create or use a false identity on this Website; impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity, or attempt to obtain unauthorized access to this Website or portions of this Website that are restricted from general access; use an email address that you do not own or for which you do not have the express permission of the owner to register; or provide any incomplete, false or inaccurate information, including without limitation incomplete, false or inaccurate biographical information; (d) disrupt or interfere with any other person’s use or enjoyment of this Website or affiliated or linked sites, or any services thereof; transmit on, to or from this Website spam, chain letters, junk mail or any other type of unsolicited mass email, without each individual’s consent and without complying with the requirements of applicable privacy legislation; or post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, vulgar, obscene, or tortious, or that infringes or violates any third party’s copyright, trade-mark, trade secrets, privacy or other proprietary or property rights or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Website, and that you will comply with all laws that apply or may apply to your use of or activities on this Website or in respect of the content contained therein. Convergence will investigate occurrences which may involve violations of such laws, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Convergence reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request.
7. Content Supplied by Members
Members are responsible for the content they submit including its legality, reliability, appropriateness, originality and respect of the right of third parties. Members shall have the option to make their profiles private and non-viewable to other Members.
Convergence will not assume any liability or responsibility for any content submitted, posted or stored by Members on the Website.
Convergence has the right in their sole discretion to remove, delete or modify any content posted, submitted or stored by the Members on the Website.
Convergence will fully cooperate with any legal obligation to disclose the identity of anyone submitting unlawful, threatening, libellous, obscene, pornographic, profane or otherwise offensive or illegal material on the Website.
Convergence may be required by court order or other legal or regulatory process, or as otherwise required by law to divulge personally identifiable information to law enforcement authorities, the courts or regulatory authorities. Convergence will cooperate in responding to such requests, in accordance with the regulatory or legal process, and will take appropriate measures to ensure that the requester understands the sensitive nature of any personally identifiable information they receive.
The information posted on the Website is for information purposes only. This information does not constitute (i) an offer, invitation or recommendation to purchase or sell, nor a solicitation of an offer to buy, any securities to any person in any jurisdiction or to dispose or acquire assets, (ii) an opinion, invitation or recommendation to enter into a transaction, including, without limitation, any public or private offering of securities, nor (iii) any form of legal, financial, investment or tax advice, opinion or recommendation. The information posted here is not intended to form the basis of any future or present contract or arrangement or a fiduciary relationship with, or fiduciary duty to, the recipient. This information is subject to change without notice and does not purport to be comprehensive or contain all the information necessary to evaluate the subject matter discussed here. No representation, warranty or undertaking, express or implied, is or will be made or given and no responsibility or liability is or will be accepted in relation to the accuracy or completeness of this information made available here. Any responsibility or liability for any such information is expressly disclaimed. This information is strictly confidential and is being made available to the recipient on the express understanding that it will be kept confidential and that the recipient shall not copy, reproduce or distribute to third parties this presentation, in whole or in part, at any time.
BY USING CONVERGENCE AND THE WEBSITE YOU HEREBY AGREE NOT TO RELY ON ANY OF THE INFORMATION CONTAINED HEREIN AND THAT ACCESS TO AND USE OF THIS WEBSITE AND THE CONTENT THEREOF IS AT YOUR OWN RISK. THIS WEBSITE AND THE MATERIALS, INFORMATION AND SERVICES IN THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED (INCLUDING WITHOUT LIMITATION WITH RESPECT TO QUALITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE NON-INFRINGEMENT, ACCESSIBILITY OR INABILITY TO ACCESS THE WEBSITE OR ANY CONTENT, FREEDOM FROM COMPUTER VIRUS AND THOSE ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE), AND CONVERGENCE MAKES NO, AND ACTIVELY DISCLAIMS, ALL SUCH CONDITIONS, WARRANTIES OR REPRESENTATIONS, INCLUDING WITHOUT LIMITATION AS TO ACCURACY, CURRENCY, CORRECTNESS, RELIABILITY OR COMPLETENESS OF THE WEBSITE AND ANY OF ITS CONTENT OR THEIR USE, IN EACH CASE TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. CONVERGENCE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, (1) TO MAKE, TERMINATE, CHANGE, SUSPEND OR DISCONTINUE, AT ANY TIME, WITHOUT NOTICE OR LIABILITY, AND FOR ANY REASON WHATSOEVER, THIS WEBSITE OR ANY ASPECT OF THIS WEBSITE, AND (2) TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THIS WEBSITE AT ANY TIME WITHOUT NOTICE, BUT CONFIRMS THAT IT HAS NO DUTY TO DO SO. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO CONTRACTUAL OR EXTRA CON-CONTRACTUAL LIABILITY, NEGLIGENCE, OTHER TORTIOUS ACTION OR BREACH OF CONTRACT, SHALL CONVERGENCE, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE, BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THIS WEBSITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF, EVEN IF CONVERGENCE OR A CONVERGENCE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS INCLUDE DAMAGES TO, OR FOR ANY VIRUSES THAT INFECT, YOUR COMPUTER EQUIPMENT. YOU (AND NOT CONVERGENCE) ASSUME THE RISK OF SAME, INCLUDING WITHOUT LIMITATION THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FUNDAMENTAL BREACH, BREACH OF ESSENTIAL PURPOSE OR FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
Upon a suspension or termination of the Website for any reason whatsoever, Convergence will have no liability therefore to any Member and will be automatically released from all claims by Members in respect of such suspension or termination.
9. Links to other sites
- Neither the responsibility of Convergence nor the one of its affiliates will be called into account with regard to any third-party site to which you may gain access via the Websites. Convergence does not control the content of these third-party sites which remain totally independent of Convergence. In addition, the existence of a link between the Website(s) and any third-party site in no way implies that Convergence in any way approves of the content of this site, or moreover, any use to which such content may be put.
11. Applicable Law
13. Changes, Suspension and Termination
Convergence may add to, remove, modify or otherwise change any part of the Website at any time. If events beyond Convergence’s reasonable control materially affect the Website’s ability to operate, Convergence may be suspended or terminated without notice. Convergence may restrict, suspend or otherwise alter any aspect of the Website at any time, without notice.