Terms of Service
Last updated: October 04, 2022
buy and sell fractional interests in Canadian real estate assets (each, a “Property” and, collectively, the “Properties”) owned by Willow Limited Partnership (“ Willow LP”), with each Property represented by a specific class of units (a “Class”, and collectively the “Classes”) of limited partnership interest in Willow LP (“Units” and each a “Unit”);
track, transfer, and manage such purchases; and
create and use a digital identity profile for use with us.
service attack, flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.
written notice of your intention to close the Account by contacting us through "contact us" function of the Willow Platform, or such other form determined by us; and
any other information we request in order to enable us to deliver the balance of the Account, if any, to you, including information to ascertain or verify your identity.
Unclaimed Funds in Inactive Accounts . If your Account is an Inactive Account, upon the passage of any time periods under applicable law, we may be required to report any remaining funds as unclaimed property. If this occurs, we will use reasonable efforts to notify you at the email address you provided to us. If you fail to respond to any such notice within seven business days, or as otherwise required by applicable law, we may be required to transform such funds into unclaimed property. We reserve the right to deduct an administrative fee resulting from handling or managing such unclaimed funds, as permitted by applicable law.
Your use of the Services will not in any manner, and will not permit anyone else to:
violate any applicable federal, provincial, local or international law or regulation, including without limitation any laws regarding the export of data or software, patent, trademark, trade secret, copyright or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations;
involve, provide or contribute any false, inaccurate or misleading information;
impersonate or attempt to impersonate us, a our employees, another user, or any other person or entity (including without limitation by using email addresses or screen names associated with any of the foregoing);
encourage any other conduct that restricts or inhibits anyone's use of the Services, or which, as determined by us, may harm us or users of the Services or expose them to liability;
give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case;
contact, for the purpose of soliciting information, disrupt, or harass any tenant or service provider of a Property
walk the property for the purpose of any investment; or
threaten the security or functionality of the Services or for any purpose or in any manner not expressly permitted in this Agreement, including:
sub-license, sell, rent, lend, lease or distribute the Services or any intellectual property rights therein or otherwise make the Services available to others;
disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Services (e.g., a denial of service attack), including by accessing using the Services to permit timesharing, service bureau use or commercially exploit the Services;
use the Services to create, collect, transmit, store, use or process any User Data:
that contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (B) that you does not have the lawful right to create, collect, transmit, store, use or process; (C) that violates any applicable laws, or infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity);
attempt to gain unauthorized access to the Services, or bypass any measures we may use to prevent or restrict access to the Services, including by performing any vulnerability, penetration or similar testing of the Services;
modify, reverse engineer, reverse assemble, disassemble, or decompile the Services (any part thereof) or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services;
access or use the Services for the purpose of building a similar or competitive product or service; and
remove or obscure any proprietary notices or labels on the Services, including brand, copyright, trademark and patent or patent pending notices.
to prevent reputational risks associated with the transaction or with you;
if required by applicable law, any court order, or the request of any governmental authority;
to enforce any limits associated with your Account;
for Financial Crime purposes;
for safety, security and fraud prevention purposes;
to preserve the integrity of our computer systems; or
to preserve the Willow Platform.
a person who is subject to economic or trade sanctions or is in a country that is subject to sanctions in any of the jurisdictions in which we operate;
a person who is, or is alleged to be, a member of or associated with, a criminal organization or persons who are known to be associated with a criminal organization, including any terrorists, terrorists groups, or any person known, or suspected by you, to be involved in terrorist activities;
a person who is listed as a politically exposed person under applicable anti-bribery laws; or
any other person who is involved in activities or is associated with persons who carry a reputational risk to us, the Services, our service providers, or the integrity of the financial system.
Services do not provide foreign exchange facilities and currently only support the following currencies: Canadian Dollars and United States Dollars ("Supported Currencies").
determine whether, and to what extent, local, federal, or international taxes apply to any transactions that you conduct through the Services or that apply to any increases in the value of any Units you hold; and
withhold, collect, report, and remit all applicable taxes to the appropriate tax authorities in your jurisdiction or any other applicable jurisdiction.
from computer malfunction or human error, including errors which may arise from your use of the Services, a third party's use of the Services or our performance of the Services. Examples of such errors include circumstances where a transaction has been accepted or processed through your use of the Services that is based on exchange rates materially different from the prevailing exchange rates for money or Units available in the general market at the time the transaction was accepted or processed, or would clearly be understood to be an error by a reasonable person in the circumstances. Accordingly, you will promptly report any actual or suspected errors to us and we reserve the right to take any and all steps necessary to correct such errors without liability to you or any third party. If we credit your Account in error, you agree that: (a) you will hold any money or Units credited to you in trust and return such money or Units on demand to us; or (b) we may debit money or Units from your Account to correct such error. Similarly, if we debit your Account in error, you agree that we may credit your Account to restore any money or Units debited in error. While we may use good faith efforts to provide you with advance notice of any corrective action we take, it may not always be practical or possible to do so.
extent permitted by applicable law Willow is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
The downloading and viewing of Content is done at your own risk. We do not guarantee or warrant that the Services is compatible with your computer system or mobile device or that the Services, or any links from the Services, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system or mobile device, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system or mobile device that may be necessary as a result of your use of the Services.
To the extent not prohibited by applicable law, you will defend, indemnify and hold harmless us and all of our officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature, including reasonable legal and accounting fees, arising out of or in connection with:
your use of the Services or any instructional manuals, guidelines, or documentation made available by us to you; or
your violation of any applicable law or the rights of a third party (including any laws related to Financial Crimes and intellectual property rights).
Willow is based in Toronto, Ontario, Canada. We provide this Website for use only by persons located in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
1.3 (Representations and Warranties), 3 (Account Set-Up), 5 (User Data and Privacy) 9 (Taxes) 12 (Grant of Access to and Ownership of the Services), 13 (Third Party Content, Websites or Services), 14 (Malicious Code and Security), 15 (Disclaimer), 16 (Limitation of Liability), 17 (Indemnification), 21.4 (Survival), and 22 (General Provisions).
Notwithstanding anything to the contrary hereunder, you may use the Willow Platform only on an iPhone or iPod touch that you own or control.
You and we acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the Willow Platform.
You represent and warrant that you are not: (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; or (ii) listed on any U.S. Government list of prohibited or restricted parties.
You may contact us in writing regarding any notices, questions, complaints or claims with respect to the Willow Platform.
Name: Willow RET Holdings Inc.
Address: 220 King St West, Toronto, ON, Suite 200, M5V 3M2
Email Address: firstname.lastname@example.org
TO: Willow Limited Partnership (“Willows LP”)
c/o Willow RET GP Inc. (“Willow GP”)
AND TO: Willow RET Technologies Inc. (the “Manager”)
The undersigned (the “Subscriber”) hereby irrevocably subscribes for limited partnership units of Willow LP (“Units”) as set forth in the Subscriber’s electronic order form submitted on the Willow Platform (the “Order”). By submitting the Order, the Subscriber acknowledges having received and read the offering memorandum relating to the Units which is available on the Willow Platform (the “ Offering Memorandum”) and that Willow GP and the Manager are relying on the representations and warranties set out below.
The Subscriber acknowledges the information contained in the Offering Memorandum including, in particular, those investment considerations described therein under the heading “Risk Factors”. Unless otherwise defined or the context otherwise requires, all capitalized terms used in this subscription agreement and power of attorney, and the Schedules hereto, (the “Subscription Agreement”) have the meanings given in the Offering Memorandum and in the limited partnership agreement governing the affairs of Willow LP, as set out on the Willow Platform (the “Limited Partnership Agreement”).
This Subscription Agreement is available on the Willow Platform and is entered into by the Subscriber at the time when the Subscriber submits an Order. This Subscription Agreement is entered into and accepted by the Manager, on behalf of Willow LP, at the time when: (i) the Subscriber receives an electronic confirmation on the Willow Platform that their Order has been accepted which specifies the number of Units which have been issued to the Subscriber; and (ii) the subscription amount is deposited into the account of Willow LP.
Representations and Warranties
The Subscriber represents, warrants, certifies, acknowledges and covenants to and in favour of Willow LP, Willow GP and the Manager as follows:
the Subscriber is not a “non-resident”, a partnership other than a “Canadian partnership”, a “tax shelter”, a “tax shelter investment”, or an entity an interest in which is a “tax shelter investment” or in which a “tax shelter investment” has an interest, within the meaning of the Income Tax Act (Canada), nor is the Subscriber a partnership that does not prohibit investment by the foregoing persons; and in the event that the Subscriber’s status in this respect changes, the Subscriber will immediately notify the Manager in writing;
if the Subscriber is or becomes a “financial institution” within the meaning of Section 142.2 of the Income Tax Act (Canada), the Subscriber will immediately notify the Manager in writing of such status;
if an individual, the Subscriber has attained the age of majority and has the legal capacity and competence to execute this Subscription Agreement and to take all actions required pursuant hereto;
if not an individual, the Subscriber has good right, full power and absolute authority to execute this Subscription Agreement and to take all necessary actions, and all necessary approvals have been given to authorize it to execute this Subscription Agreement;
this Subscription Agreement, when accepted, will constitute a legal, valid, binding and enforceable contract of the Subscriber, enforceable against the Subscriber in accordance with its terms;
the entering into of this Subscription Agreement and the transactions contemplated hereby will not result in the violation of any terms or provisions of any law applicable to or the constating documents of, the Subscriber or of any agreement, written or oral, to which the Subscriber may be a party or by which he, she or it is or may be bound;
the Subscriber is a resident of, or is otherwise subject to the securities laws of, the jurisdiction set out in the Subscriber’s know-your-client (KYC) questionnaire and is not purchasing the Units for the account or benefit of any other person;
the Subscriber is aware that there are securities and tax laws applicable to the holding and disposition of the Units and has been given the opportunity to seek advice in respect of such laws and is not relying solely upon information from Willow LP, Willow GP, the Manager, or, where applicable, their officers, directors, employees or agents;
the Subscriber acknowledges that no prospectus has been filed with any securities commission or other regulatory body in connection with the issuance of the Units, such issuance is exempted from the prospectus requirements of applicable securities legislation; and
the Subscriber is restricted from using the civil remedies available,
the Subscriber may not receive information that would otherwise be required to be provided, and
Willow LP is relieved from certain obligations that would otherwise apply,
under certain applicable securities legislation which would otherwise be available if the Units were sold pursuant to a prospectus;
the Units will be subject to resale restrictions under applicable provincial securities laws, the Subscriber understands the nature of the Canadian resale restrictions that Units of Willow LP will be subject to and agreed not to sell Units except in compliance with applicable Canadian resale restrictions and in accordance with the Limited Partnership Agreement;
the Subscriber has received and reviewed the Offering Memorandum and the Limited Partnership Agreement and has had the opportunity to ask and have answered any and all questions which the Subscriber wished with respect to the business and affairs of Willow LP, the Units and the subscription hereby made;
specifically, the Subscriber is aware of the characteristics of the Units, of the nature and extent of personal liability and of the risks associated with an investment in the Units;
) the Subscriber shall not knowingly transfer his, her or its Units in whole or in part to a person without the approval of the Manager and will do so only in accordance with applicable securities laws;
the Subscriber’s purchase of the Units pursuant to this Subscription Agreement complies with the requirements of all applicable laws and regulatory requirements in its jurisdiction of residence and the Subscriber will execute and deliver all documentation and provide all such further information to the Manager as may be required from time to time in order for the Manager to satisfy its obligations under applicable securities legislation and anti-money laundering and anti-terrorist financing legislation, and to satisfy domestic and foreign tax reporting and similar filings; and
The Subscriber acknowledges that having a non-qualified Limited Partner could have negative tax or other consequences to Willow LP. Any Limited Partner whose status changes such that the representation in clause (2) or (3) ceases to be true shall disclose such status to the Manager when such status changes and the Manager may require any such Limited Partner at any time to redeem all or some of such Limited Partner’s Units.
Not Purchasing as Bare Trustee or Agent
The Subscriber is purchasing the Units as principal for the Subscriber’s own account and is not purchasing the Units as bare trustee or agent for any other person.
In consideration of Willow GP accepting this Subscription Agreement and conditional thereon:
) the Subscriber hereby nominates, constitutes and appoints Willow GP, with full power of substitution, as his, her or its agent and true and lawful attorney for property and agent to act on his, her or its behalf, with full power and authority in his, her or its name, place and stead to execute, swear to, ratify, confirm, acknowledge, deliver, file and record in the appropriate public offices in any jurisdictions where Willow GP considers it appropriate any and all of:
the Limited Partnership Agreement, and any amendment, change or modification thereto from time to time made in accordance with its terms, and all declarations and other instruments or documents necessary or required to continue and keep in good standing Willow LP as a limited partnership in the Province of Ontario and elsewhere;
all documents on behalf of the Subscriber and in the Subscriber’s name as may be necessary to give effect to the sale or assignment of a Unit or to give effect to the admission of additional or substituted Limited Partners or a transferee of Units as a new Limited Partner of Willow LP as required by and/or subject to the terms and restrictions of the Limited Partnership Agreement;
all conveyances and other instruments or documents required in connection with the dissolution and liquidation of Willow LP subject to the terms and restrictions of the Limited Partnership Agreement, including the distribution of assets of Willow LP;
all other instruments and documents on the Subscriber’s behalf and in the Subscriber’s name or in the name of Willow LP as may be deemed necessary by Willow GP to carry out fully the Limited Partnership Agreement in accordance with its terms; and
all elections, determinations, designations, applications, declarations of status or beneficial ownership, claims, information returns, forms, or similar documents or instruments under the Income Tax Act (Canada) (including without limitation elections under Section 97(2) thereof as it may be amended or replaced from time to time) or any other taxation or other legislation or laws of like import in Canada, in the United States of America, or in any other foreign jurisdiction, in respect of the affairs of Willow LP or of the Subscriber’s interest in Willow LP, for and including all taxation years in which the Subscriber is or is deemed to be a Limited Partner; and
the Subscriber acknowledges that the ability of Willow GP to carry out its duties and discharge its obligations to Willow LP is dependent on the validity and survival of this power-of-attorney.
The power-of-attorney hereby granted is a power coupled with an interest and is irrevocable; it shall survive the assignment by the Subscriber of the whole or any part of the interest of the Subscriber in Willow LP, extends to the heirs, executors, administrators, successors, assigns and other legal representatives of the Subscriber, shall survive the death or disability of the Subscriber and may be exercised by Willow GP on behalf of the Subscriber in executing such instrument with a single signature as attorney and agent for all of them. The Subscriber agrees to be bound by any representation or action made or taken by Willow GP pursuant to such power of attorney and hereby waives any and all defences which may be available to contest, negate or disaffirm the action of Willow GP taken in good faith under such power of attorney. In the event that a court of competent jurisdiction (or an arbitrator in circumstances where Willow GP has agreed to be bound by such arbitrator’s decision) determines that this power-of-attorney has been terminated, been duly revoked or has become invalid, any exercise of the power by Willow GP following such termination, revocation or invalidity shall be valid and binding as between the Subscriber or the estate of the Subscriber and any person, including Willow GP, who acted in good faith and without knowledge of the termination, revocation or invalidity.
The Subscriber hereby releases Willow GP from all liability of any kind that may arise in consequence of any act or omission of Willow GP, so long as Willow GP exercises its authority hereunder in good faith. The Subscriber agrees to be bound by any representation or action made or taken by Willow GP pursuant to this power of attorney and, if requested, agrees to ratify any such representation or action, including the execution of any documents necessary to effect such ratification. The Subscriber hereby indemnifies Willow GP with respect to all liability that may arise hereunder in consequence of any act or omission of Willow GP in the exercise of its authority hereunder, unless Willow GP is found by a court of competent jurisdiction in the Province of Ontario to have acted without good faith in exercising its authority hereunder, and such indemnification shall remain effective for any entity that ceases to be General Partner in respect of any such act or omission that occurred while such entity was General Partner.
This power of attorney becomes effective on the date of acceptance of this Subscription Agreement and shall continue in respect of Willow GP so long as it is Willow GP of Willow LP, and shall terminate thereafter, but shall continue in respect of a new general partner as if the new general partner were the original attorney. This power-of-attorney is in addition to and does not override or terminate any other power-of-attorney previously granted by the Subscriber; however in the event of a conflict between the terms of the power-of-attorney contained herein, and the provisions relating to a power-of-attorney contained in the Limited Partnership Agreement or in any previous subscription for Units of Willow LP by the Subscriber, the terms of this power-of-attorney shall prevail. This power-of-attorney shall survive the granting of any subsequent power of attorney by the Subscriber. The Subscriber agrees to take any action reasonably required by Willow GP to ratify any decision made or step taken by Willow GP pursuant to this power-of-attorney.
The Subscriber agrees to indemnify each of Willow LP, Willow GP and the Manager, against all losses, claims, costs, expenses and damages or liabilities which it may suffer or incur or cause arising from the reliance on the representations, warranties, certifications and covenants of the Subscriber by Willow LP, Willow GP or the Manager, as the case may be, or the breach of any of them by the Subscriber. Any signatory signing on behalf of the Subscriber as agent or otherwise represents and warrants that such signatory has authority to bind the Subscriber and agrees to indemnify each of Willow LP, Willow GP and the Manager against all losses, claims, costs, expenses and damages or liabilities which it may suffer or incur or cause arising from the reliance on such representation and warranty.
This Subscription Agreement and all ancillary documents shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. By the Subscriber’s execution of this Subscription Agreement (including by electronic acceptance of this Subscription Agreement on the Willow Platform), the Subscriber irrevocably attorns to the non-exclusive jurisdiction of the courts of Ontario.
WILLOW RET FINANCIAL SERVICES INC.
RELATIONSHIP DISCLOSURE INFORMATION
This document sets out important information concerning our relationship with you. It contains information about us, the services that we offer and your account(s) with us. Other important information you need to know about your relationship with us is contained in the non-offering prospectus of Willow LP (as defined below), the offering memoranda for relevant classes of Units (as defined below) and your Account Agreement (as defined below).
Willow RET Holdings Inc. (Willow Holdings) and it’s wholly-owned subsidiaries (collectively, Willow) operates an online platform that allows investors to buy and sell fractional interests in Canadian real estate (the Willow Platform). Each individual real estate asset (each, a Property and, collectively, the Properties) is owned by Willow Limited Partnership (Willow LP), and represented by a specific class of units (a Class, and collectively the Classes) of limited partnership interest in Willow LP (Units and each a Unit).
Willow RET Financial Services Inc. (Willow Financial), a wholly-owned subsidiary of Willow Holdings, is registered in all the provinces and territories of Canada as a dealer in the category of exempt market dealer.
As an exempt market dealer, Willow Financial distributes Units of Willow LP to Canadian investors pursuant to exemptions from the prospectus requirement. Once Units become freely tradeable, we may trade Units with Canadian investors.
Initially, each Class of Units is offered by Willow Financial on the Primary Platform section of the Willow Platform (a Primary Offering). Certain Properties may not be available to certain clients depending on their investor profiles. Units purchased in a Primary Offering are subject to a four month hold period, after which they become freely tradeable. Once the Units become freely tradable, clients can request to buy Units from us or sell Units to us on the Secondary Platform section of the Willow Platform (a Secondary Trade). We have discretion to accept or reject any request for a Secondary Trade.
As an exempt market dealer, we engage in Primary Offerings and Secondary Trades with Canadian investors in compliance with applicable securities laws. We do not deal in prospectus qualified securities, nor do we distribute securities of third-party funds or other issuers. Willow LP is not an investment fund under Canadian securities laws.
Securities laws require us to provide all clients with a description of risks that you should consider when making an investment decision. General risks associated with an investment in Willow LP are set out in the Non-Offering Prospectus, and specific risks associated with a particular Property are set out in the Offering Memorandum for Units of the relevant Class.
We do not lend money, extend credit or provide margin to our clients.
Using borrowed money to finance the purchase of securities involves greater risk than using cash resources only. If you borrow money to purchase Units of Willow LP, your responsibility to repay the loan and pay interest as required by the terms of the loan remains the same even if the value of the securities purchased declines. Furthermore, there may be negative tax consequences for an investor who borrows money to purchase interests in a limited partnership.
We hold or have access to your Units of Willow LP and the cash in your account on the Willow Platform. Units of Willow LP are held in book-entry form.
Willow LP does not hold securities. The only portfolio assets of Willow LP are cash and real estate. Cash of Willow LP and client cash are held in two separate bank accounts at a regulated financial institution which is permitted to act as a custodian for cash under applicable securities laws (the Custodian). Client cash is held in an account that is designated as an “in trust” account.
Willow considers the interests of all entities in the Willow Group when identifying and responding to conflicts of interest. The roles performed and compensation earned by various entities in the Willow Group are described below.
The Willow Group benefits when Units of Willow LP are sold, because the capital raised from the sale of Units is used to buy Properties which generate fees for Willow RET (defined below) and Willow Property Manager (defined below), as described below. In addition, Willow Financial earns a trading commission for each sale of Units in a Primary Offering and on the Secondary Platform. Therefore, Willow Financial is in a conflict of interest when it recommends investments in Units of Willow LP to clients on the Willow Platform.
Other conflicts of interest relating to Willow LP or a particular Property may be disclosed in the non-offering prospectus of Willow LP or the offering memorandum relating to the Class of Units associated with the Property.
The Willow Group resolves conflict of interests in the best interest of client by maintaining a compensation and investment cost structure (as described below) which is competitive with other property investment products and clearly disclosed to clients. In addition, Willow LP has a robust due diligence process for selecting and monitoring Properties, including the participation of independent members on the Investment Committee of Willow RET and the Board of Directors of Willow LP.
Willow Real Estate Technologies Inc. (Willow RET) is the manager of Willow LP and the Willow Platform. Willow RET earns origination fees from Willow LP for each Primary Offering to compensate it for sourcing Properties, including conducting due diligence, arranging for debt financing and underwriting each Property. Willow RET earns ongoing management fees from Willow LP to compensate it for operating and administering Willow LP and the Willow Platform.
Willow RET Property Management Inc. (Willow Property Manager) earns ongoing property management fees from Willow LP. The service agreement between Willow LP and Willow Property Manager, including the commercial terms applicable to each Property, is posted on the Willow Platform and disclosed as a “material contract” in the non-offering prospectus of Willow LP.
Management fees and other ongoing fees and expenses of Willow LP will reduce the net returns of Willow LP, and this effect will be compounded over time.
You will receive, promptly following a purchase or sale of Units, a trade confirmation in writing setting out certain information relating to such purchase or sale.
At least quarterly (or monthly, if requested by you or in any month where a transaction was effected), you will receive a client statement (an Account Statement) for your account on the Willow Platform .
Every 12 months, you will receive an Annual Report on Charges and other Compensation and an Annual Investment Performance Report for your account on the Willow Platform.
In addition, audited financial statements of Willow LP will be publicly filed no later than 90 days following its year-end, and quarterly unaudited financial information will be publicly filed no later than 45 days following quarter-end. The financial statements and other public filings made by Willow LP will be posted on the Willow Platform.
Schedule “A” describes the dispute resolute service available to you.
You may find it helpful to compare the returns from your investments against one or more relevant benchmarks (i.e. the return that you may have received had you invested in a comparable investment, or a comparison of your investment to an average or median return of a basket of comparable investments). You should be aware of the similarities and differences between the benchmark and the investment, such as the concentration/diversification of securities, industries and or markets, the impact of fees and expenses on such returns, and risks inherent in such investments and investment strategies. Should we use a benchmark comparison when reporting the performance of Willow LP, an explanation of the similarities and differences between Willow LP and the benchmark will be provided at that time.
We are required to determine that our recommendation to you to make an investment in Willow LP is suitable for you and puts your interests first.
It is important that you actively participate in our relationship. In particular, we encourage you to:
COMPLAINTS PROCESS AND INDEPENDENT DISPUTE RESOLUTION SERVICE
WILLOW RET FINANCIAL SERVICES INC.
WHAT TO DO IF YOU HAVE A COMPLAINT
Our complaint process
Filing a complaint with us
If you have a complaint about our services or a product, contact us at:
Willow RET Financial Services Inc.
200 – 220 King St. West
Toronto, ON M5H 1k4
|Attention:||Neville Joanes Chief Compliance Officer|
You may want to consider using a method other than email for sensitive information.
Help us resolve your complaint sooner
We will acknowledge your complaint
We will acknowledge your complaint in writing, as soon as possible, typically within 5 business days of receiving your complaint.
We may ask you to provide clarification or more information to help us resolve your complaint.
We will provide our decision
We normally provide our decision in writing, within 90 days of receiving a complaint.
It will include:
If our decision is delayed
If we cannot provide you with our decision within 90 days, we will:
You may be eligible for the independent dispute resolution service offered by the Ombudsman for Banking Services and Investments (OBSI).
A word about legal advice
You always have the right to go to a lawyer or seek other ways of resolving your dispute at any time. A lawyer can advise you of your options. There are time limits for taking legal action. Delays could limit your options and legal rights later on.
If you are not satisfied with our decision
You may be eligible for OBSI’s dispute resolution service.
If you are a Québec resident
You may consider the free mediation service offered by the Autorité des marchés financiers.
Taking your complaint to OBSI
You may be eligible for OBSI’s free and independent dispute resolution service if:
OBSI can recommend compensation of up to $350,000.
OBSI’s service is available to clients of our firm. This does not restrict your ability to take a complaint to a dispute resolution service of your choosing at your own expense, or to bring an action in court. Keep in mind there are time limits for taking legal action.
Who can use OBSI
You have the right to use OBSI’s service if:
Time limits apply
Information OBSI needs to help you
OBSI can help you best if you promptly provide all relevant information, including:
Filing a complaint with OBSI
Telephone: 1-888-451-4519 or 416-287-2877 in Toronto
OBSI will investigate
OBSI works confidentially and in an informal manner. It is not like going to court, and you do not need a lawyer.
During its investigation, OBSI may interview you and representatives of our firm. We are required to cooperate in OBSI’s investigations.
OBSI will provide its recommendations
Once OBSI has completed its investigation, it will provide its recommendations to you and us. OBSI’s recommendations are not binding on you or us. OBSI can recommend compensation of up to $350,000. If your claim is higher, you will have to agree to that limit on any compensation you seek through OBSI. If you want to recover more than $350,000, you may want to consider another option, such as legal action, to resolve your complaint.
For more information about OBSI, visit www.obsi.ca