|
By accessing this web site and any pages thereof, you agree to
be bound by the terms of the Legal Notices set out below. If you do not agree
with the terms of these Legal Notices, do not access this web site or any pages
thereof.
The accessor ("Client"), in consideration of Canaccord
Genuity Corp. (the "Agent") providing the Client with access
via the Internet to such information as the Agent may make available in respect
of any Account of the Client (the "Internet Account Enquiry Access"),
agrees with the Agent, on behalf of the Agent, and as trustee for the
directors, officers, employees and agents of the Agent, as follows:
1. Authority
The Client hereby authorizes the Agent to process any
instructions to the Agent entered via the Internet as if the Client had given
those instructions in writing delivered to the Agent. Without limitation, the
Client hereby authorizes the Agent to provide information in respect of any
Account of the Client in accordance with any request for that information made
via the Internet (an "Account Enquiry") and to provide any other
services as outlined in this Agreement or from time to time in publications of
the Agent or on the website of the Agent at www.canaccord.com.
2. Limitation of Liability
The Agent may, in its discretion, act in all matters on
instructions given or purporting to be given by or on behalf of the Client by
an Account Enquiry using the Services. The Agent will not incur any liability
by reason of acting or not acting on or because of any error in any such
Account Enquiry. The Client agrees to be solely responsible for the accuracy of
any instruction communicated to the Agent using the Services.
The Client acknowledges that the use of the Services is at the
sole risk of the Client. Neither the Agent nor its affiliates nor any of their
directors, officers, employees, agents, third party content providers or
licensors warrant that the Services will be uninterrupted or error free; nor do
they make any warranty as to the results that may be obtained from use of the
Services, or as to the accuracy, reliability or content of any information or
service provided through the Services. The Services are provided on an "as
is" basis without any warranties or conditions of any kind, either express
or implied, including, but not limited to, warranties of merchantability or
fitness for a particular purpose, other than those warranties that are implied
by and incapable of exclusion, restriction or modification under the laws
applicable to this Agreement.
The Client agrees that the Agent will not be liable for any loss
or damage resulting from any cause whatsoever (including the negligence of the
Agent) including, but not limited to, acts or omissions of third party content
providers or suppliers, failure of electronic or mechanical equipment or
communications lines, telephone or other inter-connect problems, unauthorized
access, computer viruses, delays in operation or transmission, theft, power
failure, labour disputes or government intervention.
In no event will the Agent or any person involved in creating,
producing or distributing the Services be liable for any special, indirect,
incidental or consequential damages, including, without limitation, lost
revenues, lost profits or loss of prospective economic advantage resulting from
the use or misuse of the Services or the Agent’s website even if the Agent is
advised of the possibility of such damages, or for any claim by another party.
Neither the Agent nor its affiliates nor any of their directors,
officers, employees, agents, third party content providers or licensors will be
liable, regardless of the cause or duration, for any errors, inaccuracies,
omissions or other defects in, or lack of timeliness or lack of authenticity
of, the information provided to the Client or contained on the website of the
Agent, or for any delay or interruption in the transmission of that information
to the Client, or for any claims of losses so arising. Nor will any of these
persons be liable for any investment decision based on the information
provided.
3. Care of Passwords
The Client acknowledges that it is responsible for the care and
safety of the Password. The Client agrees not to disclose the Password to any
person who does not have the full authority of the Client to access the
Accounts (a "Delegate"). The Agent is under no obligation to confirm
the actual identity or authority of any user of the Password or other user
identification issued to the Client. The Client agrees to take full
responsibility for any access by a Delegate in respect of any Account of the
Client.
The Client agrees to be responsible for all costs and charges
incurred through use of the Password, including use by a Delegate. The Client
must change the Password on a regular basis to reduce the potential for
unauthorized use.
The Client will notify the Agent immediately, by telephone and
in writing, of the disclosure or any unauthorized use of the Password. The
Client acknowledges that its liability will cease only when notice of
disclosure or unauthorized use is received by the Agent.
The Client will be considered as contributing to the
unauthorized use of the Password and will be fully liable where: (i) the
Password the Client has selected is the same as or similar to an obvious number
combination such as (but not limited to) the Client’s date of birth, account
number(s), telephone number(s) or street address; (ii) the Client writes the
Password down or keeps a poorly disguised written record of the Client’s
Password; or (iii) the Client otherwise reveals the Client’s Password resulting
in the subsequent unauthorized use of the Client’s Password.
4. Interpretation and miscellaneous
4.1 Definitions
In this Agreement:
(a) "Account" means all and any one of the
accounts of the Client with the Agent, including accounts previously opened,
opened concurrently or in the future or from time to time closed and then
reopened, renumbered or redesignated;
(b) "Client Account Agreement" means any
agreement between the Client and the Agent or a predecessor of the Agent in
force from time to time governing the appointment of the Agent or a predecessor
of the Agent as agent to execute transactions on behalf of the Client in
Securities;
(c) "Password" means the personal password
selected by the Client for access to the Services via the Internet;
(d) "Services" means Internet Account Enquiry
Access and any other services provided from time to time by the Agent through
the Internet, accessed by the Client via the Internet and a Password and
outlined in this Agreement or from time to time in publications of the Agent or
on the website of the Agent at www.canaccord.com.
4.2 Records of Agent
Despite any information provided to the Client in response to an
Account Enquiry, the only conclusive statement of the Account of the Client is
the statement communicated to the Client or corrected by the Client in
accordance with the Client Account Agreement.
4.3 Discontinuance of Services
The Client agrees and acknowledges that the Agent may modify or
discontinue the Services or any part of them at any time. The Client also
acknowledges that the Services may be periodically unavailable to allow for
systems maintenance and updates.
4.4 Other Agreements
This Agreement is in addition to and not in substitution for any
other agreements between the Client and the Agent, including the Client Account
Agreement and any other agreement relating to the Client’s Account or the
Services. In connection with the Services, this Agreement will prevail in the
event of any inconsistency between this Agreement and other agreements between
the Client and the Agent. Except to the extent that they are inconsistent with
this Agreement, the Client Account Agreement and the terms and conditions
posted from time to time on the Agent’s website at www.canaccord.com are
incorporated by reference into this Agreement and apply to the Services.
4.5 Governing Law
This Agreement is governed by the law of British Columbia and,
subject to the Client Account Agreement between the Client and the Agent and
unless otherwise agreed by the Agent and the Client in writing, the Agent and
the Client will submit exclusively to the courts of British Columbia any and
all disputes in connection with the operation of this Agreement and the
Services or any transaction or intended transaction using the Services or
arising out of or relating to this Agreement.
4.6 Severability
If any term of this Agreement is found by a court of competent
jurisdiction to be invalid, illegal or void, that term will be severed from
this Agreement, and the remaining terms of this Agreement will continue in full
force and effect, modified only to reflect the severance of that term.
4.7 Binding Effect
This Agreement enures to the benefit of and is binding on the
Agent, its successors and assigns and the Client and the heirs, executors,
administrators, successors and permitted assigns of the Client.
4.8 English Language Only
The parties to this Agreement have expressly requested and
required that this Agreement, and all other related documents, be drawn up in
the English language. Les parties conviennent et exigent expressément
que ce Contrat et tous les documents qui s’y rapportent soient
rédigés en anglais.
Back to Top
|