Terms of Service

Welcome to the PIXchange – The Private Investor Exchange we are happy that you are visiting us, and when we say “we”, “us” or “The PIXchange.” we actually mean Our Parent Company “Merit Valor Capital Asset Management Corporation.(MVC). As we are the ones who own and operate The PIXchange- The Private Investor Exchange.

1. The Pixchange’s ecosystem of alternative investment market platforms helps investors and issuers alike to purchase and sell prospectus exempt investments online.

When you Register for an account and accept these terms you will receive a phone call to validate the category to which you will be registered and upon that registration become a member of our community. You will have an Pixchange Member account , and will receive an email with details to log in, that will allow you to buy applicable investments, like the private mortgages found on the PIXchange – The Private Investors Exchange Market sites and make other related transactions, applicable to your type of membership.

2. The Pixchange – The Private Investor’s exchange Market sites are platforms that allow members to buy and sell prospectus exempt and private mortgage investments such as Private Placements, Real estate Trusts, Limited partnership Hedge Funds,and much much more.

The Pixchange – The Private Investor’s exchange Market facilitates transactions between us, Dealers,Issuers and it’s buyer members via Interac, visa, or the PIXchange Wallet System, which allows the buyer to send certified funds for the purchase of PIXchange Dollars/Credits which are stored in a PIXchange Wallet which may then be used for the purchase of current or future investments.

All purchases made via interac or visa are currently subjected to a 3% Merchant fee, whereas the PIXchange Wallet purchases  are currently subject to a 0% merchant fee. For those members who wish to use credit cards, or interac to purchase or top up PIXchange dollars/credits in your PIXchange Wallet you will still be subject to the 3% Merchant fee for such transactions.

3. Any transactions are logged on your member’s statement, which records the payments made by you the PIXchange member (as a buyer) to the Issuer via The PIXchange  and by buyers via The PIXchange to you (if you are an Issuer).

4. The items on The PIXchange Market are owned by it’s Issuers, and not by the PIXchange itself. We provide a platform; we do not take ownership of the items or get any rights to use the offerings other than to make them available on and promote our sites.

5. During your time with us you agree to follow the ground rules outlined in these terms so please read and understand them.Your presence on and use of the PIXchange – The Private Investor Exchange Market sites is conditional on your acceptance to be bound by these terms and the Privacy Policy whether you become a member or not.

How browsing and membership works
6. Browsing: You need to be 18 years or over to browse The PIXchange – The Private Investor Exchange Market sites. We don’t knowingly collect any information from anyone aged 18 or under. When browsing the sites you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our sites whether or not you’re a member.

Membership
7. Age: You need to be 18 years or over to become a member. If you’re under 18 you will need to use the account of a parent or legal guardian who is at least 18 years of age, with their permission and this adult will be responsible for all your activities.

8. Benefits: Membership is free. When you become a member you get an Private Investor Exchange Market account that is accessible from any of our PIXchange Market sites (and is also your PIXchange account for any other PIXchange services). Your membership will allow you to ‘buy’ private mortgage and exempt market investment offerings items from Obsidian Mortgage Corporation,and Merit Valor Capital respectively wand generally contribute to our ecosystem of sites, by providing feedback of ways our service could serve you better.

As per applicable securities laws, membership to prospectus exempt offerings will be restricted to those who qualify as per applicable securities regulation.

9. Your responsibility: You promise that information you give us is true, accurate and complete and that you will keep your account information up-to-date (including a working email address).

Your membership is not transferable.

You are responsible for any use of the PIXchange Market sites that occurs in conjunction with your username and password so keep your password secure and don’t let any other person use your username or password. If you realise there’s any unauthorized use of your password or any breach of security you need to let us know immediately.

It is important that you understand your responsibilities as a member of our community so please take the time to review this section and the PIXchange Market Terms carefully.

How buying items works
This section will help you understand what you are buying when you purchase an investment item and how that transaction takes place on The PIXchange Market.
11. What you’re buying when purchasing Private Mortgage Investments

Private Mortgage Investment: When you buy a Private Mortgage investment item,on The PIXchange Private Mortgage Marketplace portal particularly in cases of syndicated mortgages you acquire the right the revenue stream of that item/portion; and you may not be actually acquiring the mortgage investment itself.

What you get includes your name/or your trustee in many cases written directly to the title,in c/o Merit Valor Capital Asset Management Corporation and/or a certificate declaring your right to the revenue of that item.with each investment Item subject to specific terms of use, referred to in the PIXchange Investment Disclosure Commitment details that you would review prior to the finalization of your purchase, and these terms are the herein referred to the ‘Agreement’ that we set on The PIXchange Market. Different Agreement types are available for different types of investments and so the terms of each investment are unique and do vary based on assessed risk, of the investment you to choose when you have selected an item. Remember all investments carry risks, you’ll need to think, and consider the risks involved when you are about to select a private mortgage investment item so that you pick the right item you wish to purchase, It’s your responsibility to choose the correct mortgage investment for your comfort.

Private Mortgage Investment Item support: All Private Mortgage investment products purchased on the PIXchange will include Mortgage Servicing, Mortgage Impairment Insurance Coverage, all at no additional cost to you the investor. Mortgage Servicing will be provided by Merit Valor Capital Asset Management Corporation. Payments will be made monthly via direct deposit or internet email transfer. Please feel free to contact Merit Valor Capital Directly for more Details of our MVC Mortgage Servicing Services.
To learn more about item support, like what items are covered, what authors provide, the support period and support extension options, contact Merit Valor Capital for more details.

Buyer services: When you ‘buy’ an item you also receive services from PIXchange like 24/7 online support,MVC Servicing services and access to many other value related services.

12. The total price for an Mortgage Investment item on PIXchange Market is made up of:

Item price: The item price is made up of a Applicable listing/Broker/Lender fees (for the Mortgage investment you choose as the item), and relevant the item servicing fee (for supported items).. These fees are described in detail with the investment disclosure commitment package you will be given to review before purchasing.
The list price is made up of the item price and applicable services fee, and is the price you see on an item page.

13. What you’re buying Exempt Market Products

Exempt Market Product: When you buy an Exempt market offering item, you acquire the that item; What you get includes your name/or your trustee in many cases written directly to a certificate declaring your purchase of that item.with each investment Item subject to specific terms of use, referred to in the each offerings information memorandum and subscription details that you would review prior to the finalization of your purchase, and these terms are the herein referred to the ‘Agreement’ that we set on The PIXchange Market.

Different Agreement types are available for different types of investments and so the terms of each investment are unique and do vary based on assessed risk, of the investment you to choose when you have selected an item.Remember all investments carry risks, you’ll need to think, and consider the risks involved when you are about to select a private mortgage investment item so that you pick the right item you wish to purchase, It’s your responsibility to choose the correct mortgage investment for your comfort.

Exempt Market Item support: All Exempt products purchased on the PIXchange will include details such as percieved risks, rewards, and details of the operations and management team of each respective offering and issuer. Please feel free to contact Merit Valor Capital Directly for more Details in regards to any of the products listed on the PIXchange.
To learn more about item support, like what kind of support do issuers provide, contact Merit Valor Capital for more details.

Buyer services: When you ‘buy’ an item you also receive services from PIXchange like 24/7 online support, and access to many other value related services, provided by the issuers of the offering purchased.

14. The total price for an Exempt market item on PIXchange Market is made up of:

Item price: The item price is made up of a Applicable Offering and any selling/commission fees (for the Exempt offering you choose as the item), and relevant the item servicing fee (for supported items).. These fees are described in detail with the offering package you will be given to review before purchasing.
The list price is made up of the item price and applicable services fee, and is the price you see on an item page.

Transacting as a buyer:
15. You can make payments by purchasing the offering on the system using the Buy Now, purchase, or add to cart feature located on the page of the desired item. Once the item has been added to the cart members can go access their cart and complete the purchase by following the payment instructions once they have reviewed their cart and confirmed purchase details.

16. If you choose to buy will be redirected to a payment method provider (a ‘payment agent’), Currently although we offer Interac,  which allows payment straight from your bank account and/or credit card.

We also offer PIxchange Wallet Dollars/Credits. The fees for such purchases are explained in section #2 above.

17. Currency conversion costs: You are responsible for all costs of currency conversion relating to your The PIXchange Market account. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).

This means that you may incur additional costs when purchasing from The PIXchange Market, which we have no control over.

18. Terms of buying: When you buy a PIXchange Market Private Mortgage Investment item you’re doing so on the following terms:

you promise to us that you have carefully considered the suitability of your chosen Investment, and that you have chosen appropriately;
you cannot cancel a completed purchase of an item, once the transaction has been completed However you do have 2 days from the time of the initial time of purchase to contact us to cancel, as all purchases usually take a minimum of 3 days to complete.
we do not promise that any particular item will continue to be available on The PIXchange Market so you should review and consider the risk and purchase to reserve the item as soon as you have decided to buy it; As most interac purchases may be restricted in limits provided by the issuing bank, or institution, those using their PIXchange Wallets for purchases within their respective PIXchange balances, are able to reserve and start processing purchases of offerings in a minutes.
Once you buy an item and you pay the item price, you acquire rights to the revenue stream once the deal has closed and will receive access to all final documentation. With income payments to be received monthly on the 15th, of each month.
In many cases MVC may retain ownership / Custodianship of the item; In other cases your PIXchange Account # information is registered on title care of MVC.
In some cases your relevant details may be provided to the lawyers in order to facilitate the transaction.
It is important that you understand the terms on which you are making a purchase.

Please take the time to review this section carefully.
19. Currently Obsidian Mortgage Corporation is exclusive originator of all Private mortgage products available on The PIXchange Private Mortgage Marketplace Portal.

What OMC promise you about items: The originator of an item you buy promises you that:;

the item is not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
the item does not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
All appropriate disclosures, and conflicts will be disclosed in the investment disclosure commitment package you will receive to review before completing the purchase.
This is what OMC are promising you when you buy an item.

20. Taxes:

You are responsible for paying all other fees and taxes associated with your use of The PIXchange Market wherever levied (including withholding tax, if applicable). We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).

21. Items with an incorrect price or incorrect information: Despite our reasonable efforts, items may occasionally be listed at an incorrect price or with incorrect information.

If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be credited or refunded and you must not use the item.

Refunds
22. Given the nature of Mortgage Investment items, we do not generally offer a refund on a purchase that close, unless required under consumer law or other relevant consumer protection laws. If you would like to request a refund or credit on a purchase, you should send an email your request to our info@meritvalor.com

23. We will assess refund or credit requests on their merits, There is no obligation to provide a refund or credit in situations like the following:

you have changed your mind about an item after the cooling period has expired and the transaction has closed.
you ask for goodwill.
24. If we decide to issue a refund or credit, this will be done using the same manner used to make the purchase. So if the item was bought from your bank account using Interac, you will be given credit in your bank account by interac; if the item was bought using a particular payment method you will be refunded using the same payment method in reverse. Any payment made to you will be made in CDN Dollars, under the rules of the payment method .

It is important that you understand how refunds work on The PIXchange Market.
25. Disputes lodged with payment agents: If, as a buyer, you lodge a dispute with a payment agent, this will result in a freezing of your The PIXchange Market account until the dispute raised with the payment agent has been closed. This makes it very complex to resolve any related issues, and means we cannot make payments or issue refunds out of your The PIXchange Market account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns.

26. Fine print: Merit Valor Capital is an exempt market dealer, and mortgage administration company however we are not a regulated bank or licensed CDIC deposit taker in Canada or elsewhere, your credits are not deposits under Canada law about banks, and that means you don’t get the benefit of any deposit insurance or guarantee under those laws.

Intellectual Property
27. What we own: We own all the PIXchange content that we have put on The PIXchange Market (unless otherwise stated and excluding content owned by others).

This includes the design, compilation, and look and feel of the PIXchange Market sites, and copyright, trademarks, designs and other intellectual property on The PIXchange Market. We own all the trademarks, logos, service marks and trade names on The PIXchange Market (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our PIXchange Content or use any of our intellectual property in any way not expressly stated in these terms.

28. What we don’t own: We do not own the items on he PIXchange Market; our Issuers do. So we cannot take responsibility for the quality, safety or legality of the items. We do not warrant that the items or any member content, code, data or materials available on or via the PIXchange Market do not infringe the intellectual property rights of a third-party. (Each Issuer provides their warranties to you directly when you purchase their item

29. Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others and we require that authors do the same. If you believe that an item or member content infringes an intellectual property right (including copyright) please see the information in our Content Policy.

Our Content Policy is where you will find all the information relating to how we treat intellectual property on The PIXchange Market including copyright and other rights.

Our use of your information
30. Privacy: We respect your privacy. When you become a member you will be asked to provide some information about yourself. This information may be used by us and contractors in connection with providing the PIxchange Market sites and their services, including marketing activities.

Our Privacy Policy explains how we deal with your information and it forms part of these terms.
31. Confidential Information: We value your information and take reasonable precautions to protect it. While we take reasonable steps to preserve the security of your information, please be aware that we can’t promise that your use of the PIxchange Market will be confidential, and we can’t promise that any information you provide to us is perfectly secure. While using the PIxchange Market, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through the PIxchange Market to any other person.

Playing fair
32. Prohibited Conduct: The PIXchange is founded on the idea of community and like any functioning and healthy community, some things are not allowed and will not be tolerated. We aim to take a common sense approach to the general code of conduct on The PIXchange Market but you promise that you will not:

use a false email address, impersonate others, or misrepresent your affiliation with others;
attempt to gain unauthorized access to computer systems or content through the PIxchange Market;
attempt to contact other members through the PIxchange Market or use any information gained from the PIxchange Market with the intention to make a private arrangement that would otherwise be made using the PIxchange Market; enter any arrangements that are not consistent with, or are intended to apply in addition to, these terms or the Issuer Terms;
use information gathered from or through the PIxchange Market in a way that may confuse or mislead consumers (for example, automatically gathering information to set up a site that looks like one of our sites);
attempt to or actually interrupt, negatively impact or alter the PIxchange Market operation in any way;
use the PIxchange Market or any of the content in a way that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re-sell any information, content, software, or item obtained from or through the PIxchange Market, other than in accordance with these terms or the license for the item.

33. We strongly recommend that you don’t make your contact details public on the PIxchange Market or in any communications via the PIxchange Market sites. Contact details include your email address, street address, Skype name and phone number (but not social network handles). If you do,  you do so at your risk!

34. Content removal: We can look at or remove any of your content for any reason at our discretion. Reasons might include quality assurance, if we receive a valid copyright take-down notice, if we think that the use of your content is unauthorized, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the PIxchange Market and any content might result in liability to us or anyone else.

35. Community participation: We take great pride in our global and thriving community—it’s part of what makes the PIxchange Market such a friendly place. We focus on transparency and mutual respect and invite you to participate, give us your feedback and have your say.

Linking; apps made by others
36. Linking to the PIxchange Market: We’d be delighted if you decide to link to The PIXchange Market from other sites but you have to link to privateinvestorexchange.ca so potential users can sign up and the  version of this page as seen by someone navigating directly to the privateinvestor exchange.ca  looks the way we’ve intended and not link directly to an image hosted on The PIXchange Market. That includes no “in-line” linking methods resulting in images hosted on The PIXchange Market being displayed on other sites. You must not “frame” any PIxchange Market pages by surrounding those pages with someone else’s content, materials or branding. We reserve the right to insist that any link to the PIxchange Market be discontinued, and to revoke your ability to link to the PIxchange Market.

37. Links from the PIxchange Market: The PIxchange Market sites may contain links to other non-PIxchange sites. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites, even if they are affiliated to us.

Legal Housekeeping
38. Eligibility, suspension or termination: Membership is not an automatic right, it is a benefit for applicable members who follow our reasonable rules and treat other community members well. We hope that you will be with us for a long time. But we do reserve the right, based on our reasonable discretion, to determine whether or not your use of The PIXchange Market complies with these terms. We can suspend or terminate your PIxchange Market account at any time for any reason (acting reasonably of course), including if you don’t comply with these terms. If we do decide to permanently terminate your PIxchange Market account you must not apply for a new account as unfortunately you will no longer be welcome in our community.

Our indemnity to you
39. We provide The PIXchange Market, not the items on PIxchange Market. We are liable and responsible for:

our use of the PIxchange Market;
the services, messages, The PIXchange Content, software or other information we send through The PIXchange Market;
The PIXchange Content breaching of any intellectual property rights belonging to others;
our breach of these terms;
our breach of any industry code, regulation or law that applies.

Your indemnity to us
41. You are liable and responsible for:

your use of the PIxchange Market;
the items, message, content, information, software or other materials you send through The PIXchange Market;
your content breaching any intellectual property rights belonging to others;
your breach of these PIxchange Market Terms;
your breach of any license of an item;
your breach of any industry code, regulation or law that applies.

42. We have no responsibility to you or to any other person for all liabilities, costs, expenses (including legal fees) and loss arising from third-party claims you agree to indemnify us, our directors, officers, employees and agents from all losses.

This means that you protect us from costs and claims that happen because of your actions on the site.

43. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

44. Availability: We strive to have the PIxchange Market available to you 24 hours a day, seven days a week but you know how the internet works: occasionally you might not be able to access the PIxchange Market, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how The PIXchange Market works. We will not be liable to you for any loss you suffer as a result of these things.

45. Third party: If you’re agreeing to these terms on behalf of someone else (like your employer), then you’re promising to us that you have full legal authority to bind that third-party.

46. Disclaimer: In some places there may be consumer or fair trading laws that apply and that may give you rights that we cannot exclude, restrict or modify (‘non-excludable law’). We do not exclude or modify any non-excludable law. Except as provided in a non-excludable law, we are bound only by the express promises made in these terms and we are not bound by implied terms. Except as provided in a non-excludable law, our and each author’s liability for breach of any implied warranty or condition which cannot be excluded is limited, at our or the author’s option, to either replacement or paying the cost of replacement.

47. Relationship between the parties: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way. We are, however, an agent/Dealer of the Issuers only for the limited purposes of the Issuers’ providing warranties to buyers,and the disclaimer of Issuers’ liability to buyers.

48. Notices: Any notice you send us must be submitted via an email. Any notice we send to you will be emailed to your PIxchange Market account email address.

49. Changes to The PIXchange Market Terms: Although we can change any of our terms at any time we will take reasonable steps to let you know when we do so.

50. Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.

51. Applicable Laws: We control and operate the PIxchange Market from our offices in Canada. The laws of Ontario, Canada govern these user terms, and you submit to the jurisdiction of the courts there.

Definitions
Issuer:
a Corporation who makes exempt offering items available for sale on The PIXchange Market.

Buy:
includes purchasing an item that is made available (even for free) on The PIXchange Market or that is purchased for you by another member.

Buyer:
a member who ‘buys’ items on The PIXchange Market.

Buyer services fee:
the fee for the services buyers get from The PIXchange like 24/7 support, fraud protection, item quality control and other related buyers services.

The PIXchange content:
is all the content that we have put on The PIXchange Market and includes the design, compilation, and look and feel of the The PIXchange Market, and copyright, trademarks, designs and other intellectual property on the The PIXchange Market (unless otherwise stated and excluding content owned by others like Issuer content).

The PIXchange Market:
When we refer to the ‘The PIXchange Market’ we’re talking about the The PIXchange marketplaces, which include these sites:

Site Name Site Address

PIXchange – Private Investor Exchange LaunchPage https://privateinvestorexchange.ca

PIXchange – The Private Investor Exchange Gateway https://pixchange.ca

PIXchange – The Private Mortgage Marketplace Portal https://mortgages.pixchange.ca

PIXchange – The Private Investment Marketplace Portal https://exempt.pixchange.ca