Individual user account agreement
Export Development Canada (“EDC”) provides online access to a password protected website at http://www.edc.ca that allows users to access certain information, products, assets, and services (collectively, “Content”) provided or administered by EDC for Canadian customers (the “Website”). This individual 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”), (collectively, the “Agreement”), set out the terms and conditions that apply to the creation of an account for your use of the Website (your “Account”).
By creating an Account, and using 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.
By clicking on “I Accept” below, you accept the terms and conditions of this Agreement and agree to be legally bound by them. If you do not agree, please click on the “Back” button of your browser or click on the “Cancel” button below.
For the purposes of this Agreement, references to “you” and “your” are to you and 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.
1. 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.
2. 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.
3. 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.
4. 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 the Terms of Use, 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.
5. Privacy and Protection of Personal Information.
EDC’s Privacy Notice (available at: Privacy Notice) (the “Privacy Notice”), is incorporated into this Agreement. You consent to the collection, use and disclosure of your Account registration information, including your personal information, by EDC in accordance with the Privacy Notice.
You understand that as an Account user, EDC may monitor and track your usage of the Website. However, we respect your cookie preferences, which may affect what and how we track. Please visit this page to view your cookie settings. You acknowledge that, subject to EDC’s Privacy Notice, EDC may disclose information relating to your use of, or access to, your Account and the Website that is necessary to satisfy any law, regulation, governmental or other lawful request from any applicable jurisdiction.
EDC is subject to the Privacy Act (Canada) and the Access to Information Act (Canada), and collects, protects, uses and discloses information, including personal information, in accordance with that legislation. You consent to EDC collecting and storing, in an EDC database, any personal information that you have provided in any online registration form or other document or process. Your personal information will not, without your consent, be used for any purpose other than as outlined in this Agreement, including the Privacy Notice, 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: atipteam@edc.ca; or by mail at: 150 Slater Street, Ottawa, ON, K1A 1K3.
6. 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.
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.
7. 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.
8. 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. 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, 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.
9. 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 Content; (b) that the use of your Account, the Website, or Content will meet any of your requirements; (c) that access to your Account or the Website 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 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, 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.
10. 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.
11. 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.
12. Entire Agreement.
This Agreement, together with the Terms of Use, Privacy Notice, and anything else incorporated or referred to herein 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 Agreement and the Terms of Use, or any other document incorporated herein by reference, this Agreement will take priority to the extent of the conflict.
13. 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 5, 6, 9, 11, 12, and 13.
(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.
14. Notice.
Notice with respect to this 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.