ABM Global Compliance Canada

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Terms and Conditions

These terms and conditions govern your use of the ABM Canada website and, where stated, the professional services we provide. By using this website you accept these terms. If you do not accept them, please do not use the site.

ABM Canada provides regulatory compliance, risk management, governance, and training services to banks, financial institutions, and other regulated businesses.

Website Use

You may use this website for lawful purposes connected with your interest in our services. You agree not to:

  • Use the site in any way that breaches applicable law or regulation
  • Attempt to gain unauthorised access to the site, its servers, or connected systems
  • Introduce malicious code or interfere with the operation of the site
  • Copy, reproduce, or redistribute site content except as permitted below
  • Use automated systems to extract content or data without our written permission

We may suspend, withdraw, or restrict access to the site or any part of it without notice.

Information on This Website Is Not Advice

Content on this website, including service descriptions, articles, guides, and regulatory summaries, is provided for general information only. It is not professional, legal, financial, or compliance advice, and it does not take account of your particular circumstances.

Regulatory requirements change, and information that is accurate when published may become outdated. You should not act, or refrain from acting, on the basis of website content alone. Formal advice is provided only under a signed engagement, and only to the client named in that engagement.

We Are Not a Law Firm

ABM Canada provides regulatory compliance and risk advisory services. We are not a law firm, we do not practise law, and nothing we provide constitutes legal advice or creates a solicitor client relationship. No solicitor client privilege attaches to our communications or deliverables.

Where a matter requires legal advice, including questions of legal interpretation, litigation, enforcement proceedings, or privileged communications, you should engage qualified legal counsel. We are happy to work alongside your legal advisers.

Professional Services and Engagement Terms

Our services are provided under a separate written engagement agreement, proposal, or statement of work. That document sets out the scope, deliverables, timelines, fees, and any terms specific to the engagement.

Where there is a conflict between these website terms and a signed engagement agreement, the engagement agreement takes precedence for matters relating to that engagement.

We provide services with reasonable skill and care, in accordance with recognised professional standards and our understanding of applicable regulatory requirements at the time the work is performed.

Your Responsibilities as a Client

Effective compliance work depends on accurate and complete information. You are responsible for:

  • Providing information that is accurate, complete, and current
  • Notifying us promptly of changes that affect the scope or accuracy of our work
  • Making your own decisions about implementing our recommendations
  • Retaining ultimate responsibility for your organisation’s regulatory obligations

This last point deserves emphasis. Canadian law places compliance obligations on the regulated entity. A reporting entity may engage a third party to perform tasks, but it cannot transfer or outsource the underlying responsibility for meeting its obligations. Whatever we deliver, accountability to your regulator remains with you.

Where our work depends on information you provide, we are entitled to rely on it without independent verification unless the engagement expressly provides otherwise.

No Guarantee of Regulatory Outcome

We do not guarantee any particular regulatory outcome. This includes, without limitation, that a registration or authorisation application will be approved, that an examination or review will produce a specific result, that a regulator will accept a framework or remediation plan, or that no findings, penalties, or enforcement action will follow.

Regulatory decisions rest with the relevant authority. Our role is to give you the best available guidance and to prepare your organisation as thoroughly as possible. Any indication we give about likely outcomes is an opinion based on experience, not a promise or warranty.

Fees and Payment

Fees are set out in the applicable engagement agreement or proposal. Unless stated otherwise:

  • Invoices are payable within the period specified on the invoice
  • Fees are exclusive of applicable taxes, which are added where required
  • Reasonable expenses may be charged in addition, where agreed in advance
  • Late payment may attract interest at the rate stated in the engagement agreement
  • We may suspend work on accounts that remain unpaid after written notice

Fee quotes are based on the scope described at the time. Material changes to scope, or delays caused by incomplete information, may affect fees, and we will discuss any change with you before proceeding.

Intellectual Property

All content on this website, including text, graphics, logos, and layout, is owned by or licensed to ABM Canada and is protected by intellectual property law. You may view and print pages for your own internal reference. Any other use, including reproduction, publication, or commercial exploitation, requires our written consent.

For deliverables produced during an engagement, ownership is set out in the engagement agreement. In the absence of specific terms, you receive a licence to use deliverables for your own internal business purposes, and we retain ownership of our underlying methodologies, templates, frameworks, and know how, including any improvements developed during the engagement.

Training materials remain our property. They are provided for the personal use of registered participants and may not be copied, shared outside your organisation, or used to deliver training to others without our written permission.

Confidentiality

We treat client information as confidential and disclose it only as permitted by the engagement agreement, as described in our Privacy Policy, or as required by law.

Confidentiality obligations do not prevent disclosure where required by a court, regulator, or law enforcement authority, or where information is already public through no fault of ours.

Training Services

Where you register for a training course, the following apply unless the engagement or booking confirmation states otherwise:

  • Registration is confirmed on receipt of payment or an accepted purchase order
  • Cancellation and transfer terms are set out at the time of booking
  • We may reschedule or substitute trainers where necessary, and will give as much notice as we reasonably can
  • Certificates of completion confirm attendance and, where applicable, assessment, and do not constitute a professional qualification or regulatory endorsement

Limitation of Liability

Nothing in these terms excludes or limits liability that cannot be excluded or limited by law, including liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence.

Subject to that:

  • We are not liable for indirect, incidental, consequential, or special loss, including loss of profit, revenue, business, goodwill, or anticipated savings
  • We are not liable for loss arising from inaccurate or incomplete information provided to us
  • We are not liable for regulatory penalties, findings, or enforcement action taken against you, except to the extent directly caused by our negligence
  • We are not liable for loss arising from your use of website content in place of formal advice
  • Our total aggregate liability in connection with an engagement is limited to the amount stated in the engagement agreement, or where no amount is stated, the fees paid for that engagement

Website content is provided on an as is basis. We do not warrant that the site will be uninterrupted, error free, or free of harmful components.

Third Party Links

This website may link to third party sites, including regulator and industry pages. Links are provided for convenience. We do not control those sites, we are not responsible for their content or availability, and a link does not imply endorsement.

Termination

Either party may terminate an engagement in accordance with the terms of the engagement agreement. On termination you remain liable for fees and expenses properly incurred up to the termination date, and we will deliver work completed to that point.

We may terminate immediately where continuing would place us in breach of law or professional obligation, or where a conflict of interest arises that cannot be managed.

Force Majeure

Neither party is liable for failure or delay in performance caused by events beyond reasonable control, including natural events, fire, flood, war, civil unrest, industrial action, epidemic, failure of utilities or telecommunications, or changes in law that make performance unlawful.

Changes to These Terms

We may update these terms from time to time. The current version is always posted on this page with the date it was last updated. Continued use of the site after changes are posted constitutes acceptance of the revised terms. Changes to engagement terms are made only by written agreement.

Governing Law and Jurisdiction

These terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there. Any dispute arising in connection with these terms or with our services is subject to the exclusive jurisdiction of the courts of Ontario, unless the engagement agreement provides for another forum or for arbitration.

Severability

If any provision of these terms is found to be unenforceable, that provision is severed and the remaining provisions continue in full force.

Contact Us

For questions about these terms:

ABM Canada 7-2070 Harvey Ave. Unit #164 Kelowna, BC V1Y 8P8, Canada
Email: info@abmglobalcompliance.ca
Telephone: +1 (604) 245 5830

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