< BACK

LEGAL DISCLAIMER - Quadrus

 
By accessing and using this Website you acknowledge that you have read, understood, and agree to accept and be bound by the terms of the Legal Notices set out below. The Legal Notices may be modified by us from time to time without notice, by posting any changes within this document. Your continued access or use of the services provided by this Website will mean you accept the terms of the Legal Notices including any changes made to them. If you do not accept any of the terms below, please discontinue use of this Website and any of its associated pages. The laws of the Province of Ontario and any applicable federal laws of Canada will govern these terms and your use of this Website.


I. About Quadrus Investment Services Ltd.
Quadrus Investment Services Ltd. (“Quadrus”), introduced in 2000, is one of the largest mutual fund dealers in Canada. Quadrus is wholly owned by London Life Insurance Company and affiliated with The Great-West Life Assurance Company. A distributor of registered and non-registered Quadrus mutual funds, Quadrus represents multiple fund managers and is one of the only mutual fund dealers to offer an exclusive family of funds.

II. Web-based Account Inquiry Services – “AccountAccess” and “AdvisorAccess” (collectively, the “Service”)
Throughout this section, the following definitions shall apply:

“Mackenzie” or “Mackenzie Group of Companies” includes Mackenzie Financial Corporation, Mackenzie Financial Services Inc. and the MRS Group of Companies. “MRS” or “MRS Group of Companies” means M.R.S. Trust Company, M.R.S. Inc., M.R.S. Securities Services Inc., M.R.S. Correspondent Corporation and any affiliate or successor company of each of them. Mackenzie and MRS affiliates include Investors Group Inc., Quadrus Investment Services Ltd. (“Quadrus”) and The Great-West Life Assurance Company.

A. About the Service
AccountAccess and AdvisorAccess are provided to you by Mackenzie and MRS. AccountAccess gives investors online access to their account balances, investment holdings, transactions and tax information. It also gives “view-only” access to account statements previously mailed to the investor. AdvisorAccess allows financial advisors to obtain up-to-date account information, reporting, business building and planning tools, and marketing materials. AdvisorAccess includes AccessQuadrus, a service provided to certain authorized users on behalf of Quadrus.

B. Conditions of Use
Access to and use of the Service constitutes your acceptance of and compliance with the Conditions of Use set out on the Service websites and in the Legal Disclaimer. If you do not accept these conditions, please discontinue use of the Service. Mackenzie and MRS may change the Conditions of Use at any time without notice by updating this posting. You agree to review the Conditions of Use regularly and your continued access or use of the Service will mean that you agree to any changes.

C. User Information
References to “you and “your” in these conditions are directed to the reader as an authorized user of the Service. You represent and warrant that all the information and identification provided to Mackenzie is true, accurate and complete.

D. Limitation of Liability
The Service is presented on an “as is” basis only; Internet software or transmission problems may produce inaccurate or incomplete copies of information and materials that may be accessed and displayed on your computer. Each of the terms and conditions in these Legal Notices apply to the Service, as applicable.

You assume full responsibility for risk of loss of any nature whatsoever resulting from your use of the Service. The Mackenzie parties will not be liable for any loss, damage or injury related to, or connected with the Service suffered by the user whether direct, indirect, special or consequential, including without limitation, any claims, whether or not foreseeable, based in contract (including fundamental breach), tort (including negligence), strict liability or any other legal or equitable theory.

E. Indemnity by User
For AdvisorAccess users only: The user shall make whole and save harmless the Mackenzie parties from all claims, demands, proceedings, losses, damages, liabilities, deficiencies, costs and expenses (including, without limitation, all legal and other professional fees and disbursements, interest, penalties and amounts paid in settlement) arising directly or indirectly as a consequence of such matter, suffered or incurred by such parties as a result of, arising directly or indirectly out of, or in connection with:

  • The content, use or reliance of any party upon AdvisorAccess;
  • The unauthorized use or disclosure of any User IDs or passwords for use in relation to AdvisorAccess;
  • The unauthorized use or disclosure of any confidential information by you, your dealer firm and its employees, contractors or agents (collectively, the “dealer parties”);
  • Any breach of this agreement by the dealer parties;
  • Any inaccuracy of any representation, warranty or covenant made by the dealer parties in this document;
  • The infringement of any intellectual property or other proprietary right of any third party caused by any information, documentation or other material provided by the dealer parties to Mackenzie in connection with AdvisorAccess;
  • The operations of your dealer firm and its affiliates.

F. Security
You are solely responsible for maintaining the security of your User ID and password and ensuring that you are the only person using the User ID and password. You agree not to disclose your User ID and password to any other person including any employees of Mackenzie. Mackenzie is not responsible for the unauthorized use of the Service by any other person with your User ID or password and Mackenzie is under no obligation to confirm the actual identity or authority of anyone using your User ID or password.

You agree to notify Mackenzie or MRS (or Quadrus if you are an AccessQuadrus authorized user) immediately upon becoming aware of any known or suspected unauthorized use of your User ID or password to gain access to the Service, or any breach in security involving your User ID or password.

G. Confidentiality
The Service is designed to be a secure service and communications within the Service are encrypted. The Service is not a secure medium for e-mail communications because the email is not encrypted. Any confidential, proprietary or sensitive information which you transmit by means of the Service through e-mail may be read and forwarded or copied by unauthorized persons.

For AdvisorAccess users only: You agree to keep strictly confidential: (a) User IDs, passwords or any other information provided to you by Mackenzie for the purpose of establishing your identity; and (b) all other information received by you with the exception of (i) information which has been disclosed to the general public; (ii) information which is required to be disclosed by law, or (iii) information authorized to be disclosed by the person to whom the information pertains.

H. Privacy Protection and Consent to Use Personal Information
Mackenzie is committed to protecting the privacy of all client personal information that we collect and maintain in the course of carrying on our business whether over the Internet or in more traditional ways. We have a Privacy Protection Notice to inform you of the ways we collect, hold, use and disclose personal information. For more information regarding Mackenzie's Privacy Protection Notice, please see "Privacy Policy". When you register to use the Service, you provide us with additional personal information and your access to and use of the Service constitutes your consent to such information being collected, held, used and disclosed by Mackenzie in the ways and for the purposes identified here. When you register to use the Service, you provide us with your:
  1. User ID and password;
  2. Dealer number and Advisor number (for AdvisorAccess users only)
  3. E-mail address;
  4. Personal information which you choose to provide.
Mackenzie collects this information, holds it, uses it and, where necessary, discloses it for the following purposes:
  1. to verify your identity as a user of the Service
  2. to record statistical information on your visit to the Service on an anonymous basis and use this information to improve the Service (if you are an AdvisorAccess user, to conduct promotional and loyalty programs for Mackenzie products and services or, if you are an AccessQuadrus authorized user, for Quadrus products and services); and
  3. to restore your access to the Service in the event that you have forgotten your User ID or password.

For AccountAccess users only: Mackenzie may collect your information for the purposes identified in this notice from third parties such as your financial advisor/dealer, other companies in the Mackenzie or MRS Group of Companies and third parties who represent that they have the right to disclose the information. Mackenzie may disclose your information for the purposes identified in this notice to your financial advisor/dealer, other companies in the Mackenzie Group of Companies but will not sell the information to anyone outside the Mackenzie Group of Companies nor will we use your e-mail address to send you additional product information. The privacy protection notice applies specifically to AccountAccess. Questions regarding this statement should be directed to service@mackenziefinancial.com or service@mrs.com.

I. Cookies
A cookie is a small file containing certain pieces of information that the Service creates when you use it. There are two common types of cookies, "session cookies" and "persistent cookies". A "session cookie" stores information only for the length of time that you are connected to the Service and is not written onto your hard drive. A "persistent cookie" is written onto your hard drive and remains there until its expiry date. The Service uses session cookies to identify your current session to the web server, and ensure that at all times during your session we are dealing with you. The Service uses persistent cookies to store information that you are aware of, for example, if you choose the option on our log-in screen to remember your User ID, your computer will remember it automatically and input your User ID each time you access the Website.