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LEGAL DISCLAIMER - Quadrus |
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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:
- User ID and password;
- Dealer number and Advisor number (for AdvisorAccess users only)
- E-mail address;
- Personal information which you choose to provide.
Mackenzie collects this information, holds it, uses it and, where necessary,
discloses it for the following purposes:
- to verify your identity as a user of the Service
- 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
- 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.
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