MyEDC User Account Agreement
Export Development Canada (“EDC”) provides online access to a password protected website at https://www.edc.ca (the “Website”) that allows users to access certain information, products, assets, and services (collectively, the “Content”) provided or administered by EDC for Canadian customers. The Content is accessible by creating a MyEDC account. This MyEDC User Account Agreement, and all documents referenced in it, including EDC’s Terms of Use available at: https://www.edc.ca/en/legal/terms-of-use.html (the “Terms of Use”) and, as applicable, EDC’s Privacy Notice available at https://www.edc.ca/en/privacy-notice.html (the “Privacy Notice”), (collectively, the “Agreement”), set out the terms and conditions that apply to the creation of an Account and your use of the Website or any Content. By creating an Account, and using the Website or any of the Content, you agree to be bound by the terms and conditions of this Agreement, which may be modified by EDC from time to time as described below.
1. Definitions.
In this Agreement, the Terms of Use and Privacy Notice shall be referred to collectively as the “Referenced Terms”.
For the purposes of this Agreement, references to “you” and “your” are to: (i) you, (ii) the company, partnership, sole proprietorship or entity you represent, or on behalf of which you are accessing the Website (your “Company”), and (iii) anyone who accesses or uses the Website through your Account. You are fully responsible for any access to or use of the Website through your Account, including by others. By creating an Account and using the Website or Content for the benefit of your Company, you represent and warrant that you have authority to bind your Company to the terms of this Agreement.
2. Username and Password.
Your Account may be accessed only by use of your login name and password. You are solely responsible and liable for any use or misuse of your Account, login name and password, and for all activities that occur under them. For security reasons, you must keep your login name and password confidential, and not disclose them to any person, or permit any other person to use them. EDC recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you should log out at the end of each session.
All Accounts remain the property of EDC and may be cancelled or suspended at any time by EDC without liability to you or any other person. EDC is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You should immediately notify EDC (in accordance with Section 14) of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised. EDC is not responsible for your failure to do so, or for any delay in suspending your Account following your notice.
3. Registration.
During the registration process, you will be asked to provide your name and email address, choose a password, and provide other information. You certify that the information that you provide during the registration process will be complete and accurate, and you will not provide a false e-mail address, impersonate any person or entity, or otherwise mislead EDC with respect to any information that you provide. You will promptly update any of the information that you have provided so that your Account remains complete and accurate at all times.
4. Content.
Your Account will allow you to view, use and access various Content, including, but not limited to, webinars, infographics and reports. The Content available on the Website may change over time and may only be available for a limited time. The availability of the Content will be determined in EDC’s sole discretion. EDC reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Content.
5. Modifications.
Subject to applicable law, EDC reserves the right, in its sole and absolute discretion, to change all or any of the terms and conditions of this Agreement, including any of the Referenced Terms, at any time without incurring any liability or obligation whatsoever to you or any other person or entity, by posting the revised Agreement on the Website and specifying the date upon which such changes were made (the “Modification Date”). It is your responsibility to check back frequently to read the most recent version of the Agreement. Within thirty (30) days of the Modification Date, you may cancel your Account rather than accept the changes (the “Cancellation Period”). Your continued access to and/or use of your Account after the Cancellation Period constitutes your full acceptance and agreement to be legally bound by the Agreement, including the Terms of Use, as changed.
6. Privacy and Protection of Personal Information.
EDC is committed to protecting the personal information you provide when you register for an Account or use the Website in accordance with the Privacy Act (Canada) and any other applicable privacy laws.
We use this information to provide access to and deliver a variety of Content tailored to your interests and needs, as further outlined in the Knowledge and Advisory Services Personal Information Bank.
Your personal information will not be used for any purpose other than outlined in this Agreement except as otherwise authorized or required by law.
To learn more about our privacy practices when you use our Website, including how we use cookies, please review our Privacy Notice.
If you have questions or comments regarding our privacy practices or would like to access, update, or correct your personal information, please reach out by email at P&IR@edc.ca.
7. Submission of Contributions.
You hereby grant to EDC a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, create derivative works from, publish, translate, license, transmit, distribute and otherwise exploit any or all portions of any comments, information, photographs, ideas, concepts, reviews, or any other material contained in any communication that you may post, upload or submit through your Account, in any manner or media and by means of any technology now known or hereafter developed (collectively, “Contributions”). In addition, you hereby irrevocably waive all moral rights in any such Contributions. You also confirm to EDC that: (a) the Contributions are wholly original to you; (b) no one else has any rights in the Contributions; (c) the Contributions do not contain confidential or proprietary information; and (d) EDC is free to implement the Contributions, as provided by you or as modified by EDC, without obtaining further permission from you or any third party, and without any additional consideration of any kind. The above license shall explicitly exclude your or your Company’s trade name, logo and registered trademarks.
EDC is not obligated to review, pre-screen, monitor, delete, or edit Contributions. However, EDC reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to refuse, delete, move or edit any Contributions, in whole or in part, with or without notice. EDC is not responsible or liable for damages of any kind arising from any Contributions, even when EDC is advised of the possibility of such damages, or from EDC’s alteration or deletion of any Contributions.
8. Artificial Intelligence
To provide you with the most relevant information and content on the Website, EDC uses predictive artificial intelligence in order to analyze information about you, your Company, the Content you view and your use of the Account (“Your Information”). Your Information may be combined with similar information about other Website users or MyEDC account holders and analyzed at an aggregate level for the purposes of improving the relevancy of Content provided on the Website. By using the Website, you grant EDC a perpetual, royalty-free, irrevocable, non-exclusive right and license to use Your Information for this purpose. Your Information will not be shared with third parties, except as explicitly set out in the Privacy Notice.
9. Right to Use.
Provided you continue to comply with the terms and conditions of this Agreement, you are hereby granted a limited, non-exclusive and non-transferable right and license to view, use and access the Content through your Account. However, you may not repackage or resell the Content or create any commercial product using the Content, in whole or in part. Your Account, the Website and Content are the property of EDC, and you acknowledge and agree that you have no ownership rights or other rights in your Account, the Website, or Content, except as expressly provided in this Agreement.
10. Prohibited Activities.
You agree to comply with all applicable laws and regulations (including laws relating to copyright), as well as this Agreement, when using your Account and the Website. Except as specifically permitted in this Agreement, you acknowledge and agree that you may not: (a) copy, reproduce, distribute, transfer, sell, license, publish, enter into a database, modify, create derivative works, upload, edit, post, link to, transmit, or in any way exploit, any part of your Account, the Website or Content; (b) use your Account or the Website to engage in any activities that infringe intellectual property rights or facilitate any such activities; (c) copy, modify, alter, remove, or deface any trademarks, service marks, or other intellectual property displayed or made available through your Account, the Website or the Content, or use any of the foregoing for any purpose other than the purpose for which such intellectual property is made available to Account users; (d) use your Account or the Website to invade another person’s privacy, or to collect or store personal data about other users; (e) post or transmit messages constituting “spam”, which includes but is not limited to unsolicited e-mail messages, inappropriate postings, false commercial messages, mail bombing or any other abuse of e-mail or group servers; (f) upload or download, post, publish, retrieve, transmit, or otherwise reproduce, distribute or provide access to information, software or other material which: (i) is confidential or is protected by copyright or other intellectual property rights, without prior authorization from the rights holder(s); (ii) is defamatory, obscene, child pornography or hate literature; or (iii) constitutes invasion of privacy, appropriation of personality, or unauthorized linking or framing; or (g) engage in any other usage which EDC may stipulate from time to time as being inappropriate or prohibited.
11. Limitation of Liability.
Except as explicitly provided in this Agreement, as amended from time to time, EDC, its agents, employees, directors, officers and affiliated companies, or any person associated with the creation or operation of the Account and/or Website (collectively, its “Representatives”) expressly disclaim any and all representations, warranties, or conditions of any kind, express or implied, regarding the Account, Website, or Content, all of which are provided on an “as is” and “as available” basis, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
EDC and its Representatives do not warrant or guarantee: (a) the accuracy, completeness, correctness, currency, reliability, timeliness, usefulness or suitability of your Account, the Website, or the Content; (b) that the use of your Account, the Website, or Content will meet any of your requirements; (c) that access to your Account, the Website or the Content will be uninterrupted, timely, secure or error-free; or (d) that the Content will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system.
You acknowledge and agree (a) that your use of your Account, the Website, and Content is at your sole discretion and risk; and (b) that you are solely responsible for any damage you may sustain, whether relating to (i) your computer system, or any loss of data that results from the download of any Content, or (ii) your reliance on any Content obtained as a result of your use of your Account or the Website, or (iii) any other form of damage that may be incurred. In no event will EDC or its Representatives be liable for your conduct under your Account or use of the Website.
If EDC or its Representatives should be found liable for any loss or damage that arises out of or is in any way connected with your Account, the Website, or Content, the liability of EDC and its Representatives will in no event exceed One Thousand Dollars ($1,000.00) in Canadian currency.
In no event will EDC or its Representatives be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages, damages for loss of use, data, information, or profits or business interruption, or any other damages whatsoever arising out of or in any way related to the use or performance of your Account, the Website, the Content, any linked website, or any other information or data, obtained through your Account or on the Website, or otherwise arising out of your use or inability to use your Account and/or the Website or any decision made or action taken by you in reliance on any information or materials provided through your Account or on the Website, and/or any errors or omissions in such content, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if EDC has been advised of the possibility of such damages.
12. Suspension, Termination and Cancellation.
EDC, in its sole discretion and without liability, reserves the right to cancel, terminate, restrict or suspend your access to the Website, or to delete your Account, if EDC reasonably believes that you are or will be in violation of the terms of this Agreement or any applicable laws. This is in addition to, and not in lieu of, any rights or remedies available to EDC under this Agreement or any applicable law.
EDC may cancel your Account at any time by providing notice of such termination, in accordance with the terms of this Agreement. You may cancel your Account by contacting EDC through the contact information in Section 14.
13. Responsibility for Minors.
You represent and warrant that you have reached the age of majority in the Canadian province or territory in which you reside, otherwise you may not register for or use an Account. In cases where you have allowed a minor to use your Account, you recognize that you are fully responsible for: (a) the conduct of such minor; (b) controlling the minor’s access to and use of your Account; and (c) the consequences of any use or misuse of your Account by the minor.
14. Entire Agreement.
This Agreement, including the Referenced Terms constitute the entire agreement between you and EDC with respect to the subject matter hereof, and supersedes any prior agreements, understandings, negotiations and discussions, whether electronic, oral or written, regarding the subject matter of this Agreement, and may not be amended or modified except in accordance with the terms hereof. In the event of any conflict between this User Account Agreement and the Referenced Terms, the following order of paramountcy shall apply to resolve the conflict: (a) the Privacy Notice, (b) this Individual User Account Agreement, (c) the Terms of Use .
15. Miscellaneous.
(a) Notwithstanding the expiration or termination of this Agreement, those rights and obligations that are stated to or which by their nature are intended to survive such expiration or termination shall survive, including, but not limited to: Sections 1, 6, 7, 8, 11, 13, 14 and 15.
(b) If any provision is determined to be unenforceable or invalid, such determination will not affect the validity and enforceability of any other remaining provisions of this Agreement.
(c) You may not assign, in whole or in part, any of your rights or obligations under this Agreement.
(d) Any waiver of any provision of this Agreement will be effective only if in writing and signed by EDC and only applicable to the specific incident and occurrence so waived. The failure by EDC to insist upon the strict performance of this Agreement, or to exercise any term hereof, shall not act as a waiver of any right, promise or term, which shall continue in full force and effect. This Agreement will inure to the benefit of EDC’s successors and assigns.
(e) Any capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Referenced Terms.
(f) This Account Agreement, including the Terms of Use and the Privacy Notice, constitutes the entire agreement between you and EDC regarding the use of this Website and your Account.
(g) No waiver by EDC of any provision of this Account Agreement shall be binding unless in writing by an authorized representative.
(h) 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.
(i) 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.
15. Notice.
Notice with respect to this Individual User Account Agreement, shall be given by e-mail as follows: to EDC at: support@edc.ca; and to you at the e-mail address provided by you to EDC during the registration process. Please print a copy of the terms of this Agreement for your reference.