Terms & Conditions

These Terms of Use govern this website (the “Site”) of Tendi Company and its affiliates (together, “Tendi,” “we” or “us”).

 

Your visit to this the “Site” is subject to these Terms of Use. By visiting the Site, you agree to these Terms of Use, which may be updated by us at any time and constitute a legal agreement between you and Tendi Company. We will post any updates to these Terms of Use here, and any updates will be effective upon posting. Your continued use of the Site after any such updates constitutes your acceptance of the updated terms and conditions.  You should consult the Terms of Use on this Site each time you visit the Site. If you do not agree with the Terms, please do not use the Site.

 

Nothing contained in these Terms of Use is intended to modify or amend any other written agreement you may have with us (“Other Agreements”), if any, which may currently be in effect. In the event of any inconsistency between these Terms of Use and any Other Agreements, the Other Agreements will govern.

 

Your compliance with these terms and all Other Agreements is a condition to your right to access the Site. Your breach of any provision of these Term of Use or Other Agreements will automatically, without the requirement of notice of other action, revoke and terminate your right to access the Site and you will be fully liable for conversion, misappropriation, trespass to chattels, and all other claims and causes, regardless of the identity of the claimant or injured party, arising from or relating to your continued use of the Site after such breach.

 

  1.     Uses of Our Site and Content
Tendi Company has the right (but not the obligation) to monitor this Site for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you. We may at any time revoke your right to use all or any portion of the Site. Tendi Company may investigate any actual or suspected violation of these Terms of Use, and may report any activity relating to this Site to regulators, law enforcement officials or other persons or entities that it deems appropriate.

 

  1.   Investment Disclaimers
The Site is for general informational purposes only. The Site does not purport to be all-inclusive and does not contain all material information that a prospective investor may desire when contemplating making an investment. The investments and strategies discussed on the Site may not be suitable for all investors and are not obligations of or guaranteed by Tendi Company or any of its affiliates. Nothing contained on the Site constitutes investment, legal, tax or other advice, nor is to be relied on in making an investment or other decision. Decisions based on the content are the sole responsibility of the user. If you would like investment, accounting, tax or legal advice, you should consult with your own financial advisors, accountants or attorneys regarding your individual circumstances and needs. The information made available to you through the Site does not constitute an offer to sell or a solicitation of an offer to purchase interests in any fund sponsored by Tendi Company. Any such offer or solicitation will be made only through a private offering pursuant to a confidential private placement memorandum and related subscription documents, including the qualifications necessary to become an investor. You agree that Tendi Company is not liable for any action you take or decision you make in reliance on any content. Tendi Company will not treat users of the Site as its partners, clients, customers or investors by virtue of their accessing the Site.

 

The Site is intended solely to provide information regarding Tendi Company’s potential financing capabilities for prospective portfolio companies. The information provided on the Site, including information regarding Tendi Company’s current and historical portfolio companies, is not intended to recommend any company or investment described herein and is not an offer to sell, a solicitation of an offer to sell or sale of any security or investment product or investment advice. Tendi Company does not solicit or make its services available to the public. 

 

The portfolio company profiles and case studies provided on the Site are intended as examples that clarify and typify Tendi Company’s investment approach, and are not an exhaustive catalogue of Tendi Company investments. They may not be representative of Tendi Company’s investments. The companies were not selected based on the return of Tendi Company’s investment therein. It should not be assumed that the specific investments identified and discussed herein were or will be profitable or that any portfolio company investments made in the future will equal the performance of the companies identified herein. The investment characteristics reflected herein may not be indicative of future investment characteristics and there can be no assurance that Tendi Company’s future investments will have comparable characteristics. No guarantee of investment performance is being provided and no inference to the contrary should be made. Past performance is not indicative of future results.

 

Information provided herein, including information obtained from third party sources, reflects Tendi Company’s views as of a particular time and not as of any future date. Such information will not be updated or otherwise revised to reflect information that subsequently becomes available, or circumstances existing or change occurring after such information has been provided. While Tendi Company has used reasonable efforts to obtain information from reliable sources, any use of information, assumptions or analyses from third party sources does not imply that Tendi Company has independently verified or otherwise agrees with such assumptions, analyses or figures and Tendi Company makes no representations or warranties as to the accuracy, reliability, or completeness of any third party information presented herein. The information provided herein does not purport to be comprehensive. It has been prepared solely for informational purposes and is directed to customers and counterparties of these portfolio companies but is not to be used by or be useful to investors or prospective investors in funds advised by affiliates of Tendi Company. Tendi Company, its affiliates, and their respective officers, agents, and employees do not warrant the accuracy, adequacy, or completeness of the information contained on the Site and expressly disclaim liability for errors or omissions in the information. Additional information is available upon request. 

 

The Site contains “forward-looking statements” which reflect our current views with respect to future events, future financial performance, strategies, expectations, competitive environment and regulation. You can identify these “forward-looking” statements by the use of words such as “will,” “may,” “should,” “could,” “would,” “predicts,” “potential,” “continue,” “expects,” “anticipates,” “future,” “intends,” “plans,” “believes,” “estimates,” “projects,” “targets,” “outlook,” “seek,” “approximately,” or the negative version of these words, or other similar words, as well as use of the future tense. All statements other than statements of historical fact are, or may be deemed to be, forward-looking statements. Forward-looking statements are not intended to be guarantees of future performance  and are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. We undertake no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.

 

  1.   Linked Sites
These Terms of Use concern only the Site and do not concern any website to which the Site may link. Should you choose to visit these third-party sites, you should review their policies to ensure that you are comfortable with their terms. The use of any third-party website is entirely at your own risk. Any third party trademark and website content included or referenced appearing herein are the property of their respective owners. Tendi Company does not endorse, approve, certify, or control the content of such websites, and does not guarantee or assume responsibility for the accuracy or completeness of information located on such websites.  Further, these Terms of Use do not govern information that you submit to Tendi Company outside of your use of the Site, including in your role as an investor in Tendi Company or in funds that we sponsor or manage. We address these practices in separate notices. 
Any links to other websites are not intended as referrals or endorsements of the websites’ owners, but are provided only for convenience and informational purposes. Your use of any information obtained from such addresses is voluntary, and it is your responsibility to confirm its accuracy, completeness, efficacy, and timeliness.

 

  1.   Transmission to and from the Site
Any communication or content that you send to the Site is and will be deemed to be non-confidential as between you and us, and Tendi Company will be free to use, disclose, modify, reproduce and distribute it (and allow others to do so) for any purpose without compensation to you.

 

  1.   International Use
The Site is operated and controlled by us in Canada. Despite the global nature of the Internet, Tendi Company makes no claims that the Content or the Site are appropriate or may be viewed or used in every jurisdiction worldwide. Access to the Site from countries or territories where such access is illegal is prohibited. Tendi Company makes no representations that the transactions, products or services discussed on or accessible through the Site are available or appropriate for sale or use in all jurisdictions or by all users. Those who access the Site from outside of Canada do soon their own initiative and are responsible for compliance with local laws, rules and regulations.

 

  1.   Limitation of Liability and Disclaimers
Tendi Company and its employees, agents, directors and investors (collectively “Related Persons”) make no representations or warranties and specifically disclaim any and all warranties of any kind, express or implied, with respect to the Site and the Content, including any representations or warranties with respect to merchantability, fitness for a particular purpose, title, non-infringement, security, freedom from viruses or malware, timeliness, or speed of delivery. Your use of the Site and the Content is on an “as is” and “as available” basis.
In no event shall Tendi Company or its Related Persons be liable to any party for any claims, liabilities, losses, costs or damages under any theory, including but not limited to any direct, indirect, punitive, special, incidental, or consequential damages (“Damages”), arising out of or in connection with any access to or use of (or inability to use) the Site, or any Content therein, including Damages caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction or unauthorized access to, alteration of or use of any asset, whether for breach of contract, tortious behavior, negligence or under any other cause of action, or any content obtained through use of the Site. This is true even if Tendi Company has been advised of the possibility of such damages or losses.
While we use reasonable efforts to obtain information from reliable sources, Tendi Company does not warrant that the information in this Site is accurate, reliable, complete, or correct, or that this Site will be available at any particular time or location. Such information or materials are provided “as is” and “as available”. We also endeavor to protect your personally identifiable information, and use technical, administrative and physical methods to maintain the integrity and security of our databases. Please be aware though that there is no such thing as “perfect security” on the Internet, and third parties may unlawfully intercept or access transmissions or private communications, and accordingly electronic mail and other transmissions to and from the Site or made via the Site may not be secure.

 

  1.   Governing Law and Forum
The federal laws of Canada the provincial laws of Ontario govern these Terms of Use. Any dispute relating to these Terms of Use or your use of the Site shall be resolved solely in the provincial or federal courts located in Canada. You agree to waive trial by jury in any such action. The failure of Tendi Company to act with respect to a breach of these Terms of Use does not constitute a waiver and will not limit Tendi Company’s rights with respect to such breach or any subsequent breaches.

 

  1.   Class Action Waiver
You agree that if any dispute should arise between you and Tendi Company, you will bring your claim on an individual basis and waive your right to pursue any claim in a class action.

 

  1. Severability
If any provision of these Terms is found to be invalid, void, or for any reason unenforceable, it will be construed in such a manner that would make the provision valid or enforceable. If it is not possible to construe the provision in such a manner that would make it valid or enforceable, then only the term or portion of the provision that renders it unenforceable will be stricken without affecting the enforceability of the remaining provisions.

 

  1. How to Contact Us
If you have any questions or comments about these Terms and Conditions, you can email us at info@tendicompany.com or write to us at Tendi Company, 70 Ironside Cres, Unit 7, Toronto, Ontario, Canada, M1X 1G4.

 

These Terms and Conditions were last updated on April 20, 2021.

 

DISCLOSURES
This website is intended solely to provide information regarding Tendi Company’s potential financing capabilities for prospective portfolio companies. The information provided on this website, including information regarding Tendi Company’s current and historical portfolio companies, is not intended to recommend any company or investment described herein and is not an offer or sale of any security or investment product or investment advice. Tendi Company does not solicit or make its services available to the public. 

 

The portfolio company profiles and case studies provided on this website are intended as examples that clarify and typify Tendi Company’s investment approach, not as an exhaustive catalogue of Tendi Company investments. The companies were not selected based on the return on Tendi Company’s investment in them. It should not be assumed that the specific investments identified and discussed herein were or will be profitable or that any portfolio company investments made in the future will equal the performance of the companies identified herein. No guarantee of investment performance is being provided and no inference to the contrary should be made. Past performance is not indicative of future results. 

 

Information provided reflects Tendi Company’s views as of a particular time. Such views are subject to change at any point and Tendi Company shall not be obligated to provide notice of any change. While Tendi Company has used reasonable efforts to obtain information from reliable sources, we make no representations or warranties as to the accuracy, reliability, or completeness of third party information presented herein. Any third party trademarks appearing herein are the property of their respective owners. At certain places on this website, live ‘links’ to other Internet addresses can be accessed. Tendi Company does not endorse, approve, certify, or control the content of such websites, and does not guarantee or assume responsibility for the accuracy or completeness of information located on such websites. Any links to other sites are not intended as referrals or endorsements, but are merely provided for convenience and informational purposes. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness.