Export Development Canada ("EDC") provides online access to a password protected website that allows users to purchase and/or manage products or services provided, or administered, by EDC for Canadian customers. This Account Agreement (the “Account Agreement”) sets out the terms and conditions that apply to the use of your account (the "Account").
For purposes of this Account Agreement, the term "you" shall mean the company, partnership, sole proprietor or other entity entering into this Account Agreement, as set out in the online registration form (the "Company") and, as the context requires, shall include the individual named as the authorized representative of the Company (the “Representative”) and any additional users of the Account (the “Users”).
1. Applicable Agreements
All products and services are subject to the terms of any applicable agreements. These agreements will be presented to you at the time that you decide to access or purchase a product or service. Read these agreements carefully prior to purchasing any such product or service.
2. User ID/Password
The Representative is responsible for all use of the Account and may designate additional Users for the Account at the condition that any such additional User be located in Canada. The Representative is not permitted to designate any additional Users not located in Canada and must contact EDC to request that any such additional User be added by EDC. Each User will create or receive a unique User ID and password. Upon accessing the website for the first time, each User will also be required to review and accept the terms of this Account Agreement.
You are responsible to ensure that User IDs and passwords are kept confidential and are not disclosed to anyone. You will be responsible for any:
i. transaction that is entered into, and
ii. use or disclosure of information in the Account, as a result of the use of a User ID and password connected to your Account whether authorized or unauthorized.
If you believe there has been unauthorized use of your Account, immediately change all passwords and contact EDC Customer Care at 1-888-716-7201.
On your registration form, you have provided information on which EDC is relying as a basis for offering products and services within this website. You represent and warrant that:
i. the information about the Company and Representative is accurate and complete as of the time of registration;
ii. your information will be continuously updated so as to be current, complete and accurate at all times, and
iii. the Representative is an authorized signing officer capable of binding the Company to this Account Agreement and to any other agreement that is completed online with EDC.
EDC may place in the Account all online documents, information, offers, application summaries, term sheets, agreements, polices, and e-mail communications between you and EDC relating to the website or to products or services provided or administered by EDC ("Document(s)"). EDC may, at any time and in its sole and absolute discretion, add or delete any such content from the Account. If you reasonably suspect that any Document placed in the Account is incomplete, inaccurate, corrupted in transmission, or not intended for you, you shall promptly notify EDC and request clarification. You shall not rely on such Document, pending clarification by EDC. When so notified, EDC shall take such corrective actions as may reasonably be required in the circumstances. EDC may, on occasion, send you an e-mail informing you that a Document, which you should read, has been placed in the Account. By providing EDC with your e-mail address, you are authorizing EDC to send such e-mails. EDC will not send an e-mail each time a Document has been placed in the Account. You are responsible to check the Account to ensure that you read all Documents placed in the Account.
All online agreements and policies to which you have signified your agreement online will be binding on you and of legal effect when such agreement or policy has been first placed in and is retrievable by you from the Account.
5. EDC Records
EDC will maintain a database of all Documents in their original form and a transaction log and record of when such Documents were accepted, created or sent, as the case may be. A copy of the transaction log and records maintained by EDC to record all Documents confirmed to be accessible by the Account shall be admissible in any legal, administrative or other proceedings between the parties and will be conclusive and binding on you in any dispute as the best evidence of the Documents in the absence of clear proof that EDC's records are erroneous or incomplete.
6. Interruption of the website
If the website ceases to be available by reason of some failure of equipment or services, each party will use its reasonable efforts to continue normal communications by alternate means, until the website becomes available.
EDC and its suppliers have implemented and will maintain secure systems for transmitting transactional information and to protect the security and privacy of Documents stored in the website and the information you provide in your on-line applications and transactions. However, you acknowledge that the security of communications over the Internet cannot be guaranteed and EDC will not be responsible for any damages you may suffer relating to any unauthorized disclosure or interception of any communications occurring over the Internet, or unauthorized accessing of any Documents stored in the Account.
Where indicated for a particular product or service, payment may be made online by credit card or other secure payment methods. Transaction information (which may also include personal information) may be used by EDC and provided to third parties, including payment processors, in accordance with payment card or other payment association rules or regulations, in order to provide the products and services, to resolve payment disputes or as otherwise required by law. EDC and its suppliers will not use or disclose this information for any other purpose.
9. Changed Terms
EDC may terminate this Account Agreement at any time by providing notice of such termination. Termination of this Account Agreement will not affect any products or services that were entered into prior to such termination, in respect of which this Account Agreement shall continue until all obligations under those policies or agreements have been performed.
If you have breached any of the terms of this Account Agreement, or EDC reasonably believes a breach has occurred, EDC may suspend or terminate your access to the website.
11. Limitation of Warranties
Access to and use of the Account is provided by EDC on an “as is” basis, without any warranties or conditions, whether express or implied. Without limiting the generality of the foregoing, EDC does not warrant that access to the Account will be uninterrupted or error free. In the event of an interruption in service, EDC will use reasonable efforts to resume service as quickly as possible. EDC is not responsible for any failure or interruption in Internet communications, regardless of cause.
12. Limitation of Liability
Neither EDC, its agents, employees, directors, officers and affiliated companies, nor any person associated with the creation or operation of the website shall be liable for any direct, indirect, special, incidental, punitive, third party, consequential damages or any other damages, losses or expenses however caused, sustained by you or any other person as a result of the use of the website or your Account, including any liability for:
i. interruptions and communication line failures including communication malfunctions that affect the accuracy or timeliness of messages or instructions between you and EDC and/or which prevent messages or instructions from being transmitted in whole or in part or agreements from being formed between you and EDC or a third party;
ii. your inability to access the website or any Document, at any time;
iii. the malfunctioning or unavailability of the website, in whole or in part;
iv. any harm or loss to your personal computer records or data, howsoever caused, including caused by viruses, "worms", "trojan horses" or other similar intrusive, disruptive or destructive programs or files of that nature;
v. interception or disclosure of confidential or sensitive information transmitted over the Internet;
vi. inaccuracies, delays in operation or transmission, failures, errors or omissions or loss of transmitted information; and
vii. lack of suitability, reliability, timeliness or availability of this site or any material or services offered on this site.
While EDC makes reasonable efforts to ensure that information and services provided do not contain computer viruses, you are solely responsible to adequately protect and backup your data and/or equipment and to take reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
The Company agrees to indemnify and hold EDC and its officers, directors, agents, and employees, harmless from any liability, claim, demand, or expenses, including reasonable lawyer's fees, due to or arising out of:
i. your use of the website and the information, services and products provided through it,
ii. your violation of this Account Agreement or any other terms and conditions under any other agreement applicable to any information, service or product provided on this site, or
iii. your violation of any rights of another person.
Notices with respect to this Account Agreement, shall be given by email, mail, or courier as follows:
150 Slater Street, Ottawa, ON, K1A 1K3
To the email or regular address reflected in your registration information or as duly updated by you on the website from time to time.
EDC may also effect notice by placing a notice Document in the Account.
Any notice will be deemed effective:
(a) if delivered by mail or courier, the earlier of actual receipt and seven days after posting, (b) if delivered by email or by placing a notice Document in the Account, on the date of transmission or of posting, as applicable. EDC can rely and act upon telephone and electronically transmitted instructions from or purporting to be you.
You may not assign, in whole or in part, any of your rights or obligations under this Account Agreement, without the written consent of EDC.
If one or more provisions of this Account Agreement are held to be invalid, such invalidity shall not affect the other provisions hereof, and to this extent, the provisions of this Account Agreement are intended to be, and shall be, severable.
17. Entire Agreement
No waiver by EDC of any provision of this Account Agreement shall be binding unless in writing by an authorized representative.
You confirm that you have requested this Account Agreement to be drawn up in the English language only. Vous confirmez avoir demandé que cette Convention de compte soit rédigée en anglais seulement.
20. Governing Law
This Account Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable laws of Canada. You hereby consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or dispute relating to this Account Agreement, this website or your Account.
21. Force Majeure
Neither of the parties shall be liable for any loss or damage suffered by the other caused by a failure to perform any duty imposed by this Account Agreement where such failure is caused by an event, omission or condition not reasonably within the party's control.
22. Personal Information
EDC is subject to the Privacy Act and collects, uses and discloses personal information accordingly. You consent to EDC collecting and storing in an EDC database, any personal information that you have provided in any online application or registration form or any transaction documents. Your personal information will not, without your consent, be used for any purpose other than what is outlined in this Account Agreement except as otherwise required by law. You have the right to access your personal information by contacting the EDC Access to Information and Privacy (ATIP) Office at firstname.lastname@example.org or by mail at 150 Slater Street, Ottawa, ON, K1A 1K3. You understand that as a registered website user, EDC may monitor and track your usage of the site. Please refer to the EDC Privacy Notice for more information.
23. Access to Information
You acknowledge and understand that all information collected by EDC is subject to the Access to Information Act; information is collected, protected and disclosed by EDC in accordance with that Act.
By selecting the “I agree” and “Submit” buttons below, you are agreeing that:
ii. the Company you represent will be bound by the terms of this Account Agreement; and
iii. your selection of the buttons constitutes a binding signature as if an original written signature was affixed.
After you’ve agreed, the binding Account Agreement will be stored and accessible from your Account.
We recommend that you print out a copy for your records.
BY ACCEPTING THIS ACCOUNT AGREEMENT, YOU AND EDC AGREE THAT THIS ACCOUNT AGREEMENT SETS OUT THE TERMS AND CONDITIONS FOR THE USE OF THIS WEBSITE.