|
|
CONDITIONS OF USE AND CONSENT TO USE PERSONAL INFORMATION |
| |
Terms of Access
|
This account inquiry service ("AdvisorAccess") is a service
provided to you by Mackenzie and includes AccessQuadrus, a service provided
to certain authorized users on behalf of Quadrus Investment Services
Ltd. ("Quadrus"). Access to and use of AdvisorAccess constitutes
your acceptance of and compliance with the Conditions of Use set out
herein. Please take the time to review these conditions. If you do not
accept them, please discontinue the use of AdvisorAccess. Mackenzie may
change the Conditions of Use at any time without notice by updating this
posting. You agree to review the Conditions of Use each time you logon
and your continued access or use of AdvisorAccess will mean that you
agree to any changes. Mackenzie may cancel any or all of the services
provided by, or your access to, AdvisorAccess, at any time without notice
to you. Mackenzie will have no liability for any loss, damage or inconvenience
that may result from cancellation.
"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, Multiple Retirement Services 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 are affiliated with
Investors Group Inc. and Quadrus. |
| |
User Information |
| References to "you" and "your" in this conditions
of use are directed to the reader as an authorized user of AdvisorAccess
or AccessQuadrus. You represent and warrant that all the information and
identification provided to Mackenzie is true, accurate and complete. |
| |
Confidentiality |
AdvisorAccess is designed to be a secure service and communications
within AdvisorAccess are encrypted. 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. |
| |
Security |
You are solely responsible for maintaining the security of your User
ID and password and ensuring that you are the only person/company using
the User ID and password. You agree not to disclose your User ID and
password to any other person other than employees of Mackenzie who support
the AdvisorAccess service. Mackenzie and its affiliates are not responsible
for the unauthorized use of AdvisorAccess by any other person with your
User ID or password and Mackenzie and its affiliates are under no obligation
to confirm the actual identity or authority of anyone using your User
ID or password.
You agree to notify Mackenzie (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 AdvisorAccess,
or any breach in security involving your User ID or password. |
| |
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. Mackenzie
has a Privacy Protection Notice to inform you and your clients 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 AdvisorAccess, you provide Mackenzie
with additional personal information and your access to and use of AdvisorAccess
constitutes your consent to such information being collected, held, used
and disclosed by Mackenzie in the ways and for the purpose identified
here. When you register to use AdvisorAccess, you provide Mackenzie with
your:
- Password
- Dealer number and Advisor number
- E-mail address
- Personal information which you choose to provide
- Language preference
Mackenzie collects this information, holds it, uses it and, where necessary,
discloses it for the following purposes:
- to verify your identity as an AdvisorAccess user
- to record statistical information on your visit to AdvisorAccess
by way of system logs and through the use of "cookies" which
are described below in order (a) to improve AdvisorAccess and (b) to
conduct promotional and loyalty programs for Mackenzie's products and
services or, if you are an AccessQuadrus authorized user, for Quadrus
products and services
- to restore your access to AdvisorAccess in the event that you have
forgotten your User ID or password
|
| |
Limitation of Liability |
You assume full responsibility for risk of loss of any nature whatsoever
resulting from your use AdvisorAccess. Mackenzie and its affiliates,
and their respective directors, officers, employees and agents shall
not be liable for any loss, damage or injury related to, or connected
with AdvisorAccess 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. |
| |
Indemnity by User |
he user shall indemnify and save harmless Mackenzie and its affiliates,
and their respective directors, officers, employees and agents 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
- any breach of this agreement by you, your dealer firm and
its employees, contractors or agents
- any inaccuracy of any representation,
warranty or covenant made by you, your dealer firm and its employees,
contractors or agents contained 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 you, your dealer firm and its employees, contractors or
agents to Mackenzie in connection with AdvisorAccess
- the operations
of your dealer firm and its affiliates
|
| |
Disclaimer |
AdvisorAccess 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. Mackenzie and its affiliates do not warrant that AdvisorAccess
will be free from error or interruption. Mackenzie and its affiliates,
and their respective directors, officers, employees and agents are not
responsible for any damage of any nature, whether direct, indirect, special,
incidental or consequential, in reliance on the information available
on AdvisorAccess, including, without limitation, any loss of use, loss
of profit, loss of data, business interruption or any other loss or damage,
whatever the form of action, and whether or not such parties have been
negligent.
This service is not intended to provide financial, legal, accounting,
tax or other professional advice and should not be relied upon in that
regard.
Mackenzie and its affiliates, and their respective directors, officers,
employees and agents are not responsible for unauthorized use or reproduction
of any information contained in AdvisorAccess.
Links in AdvisorAccess to other sites or references to products, services
or publications other than those of Mackenzie or its affiliates should
not be construed as an endorsement or approval of such sites, products,
services or publications by Mackenzie or its affiliates. |
| |
Performance Data Disclaimer |
| The user shall use AdvisorAccess only for the purpose of facilitating
its business activities and not for any unlawful or deceptive purposes.
While Mackenzie has used its best efforts to ensure that all readable and
printable pages containing performance data of mutual funds contain the
warning language prescribed by National Instrument 81-102 - Mutual Funds,
and that such pages containing performance data of segregated funds contain
the warning language required by applicable laws, regulations and guidelines,
Mackenzie does not represent or warrant that these warnings are contained
in all places prescribed by National Instrument 81-102 and/or other applicable
regulatory requirements. To the extent that any performance data is obtained
by you from AdvisorAccess and given to an investor or potential investor,
it is your sole and absolute responsibility to ensure that all necessary
warnings are included and that the communication with the investor or potential
investor complies with applicable regulatory requirements. |
| |
Copyright Notice |
| Unless otherwise indicated, Mackenzie web pages are ©, 2002, Mackenzie
Financial Corporation. MRS web pages are ©, 2002, MRS Group of Companies.
Quadrus web pages are © 2002 Quadrus Investment Services Ltd. All
rights reserved. Unless otherwise indicated, all trademarks found in AdvisorAccess
are trademarks of Mackenzie. |
| |
Cookies |
| A cookie is a small file containing certain pieces of information that
AdvisorAccess 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 AdvisorAccess
and is not written onto your hard drive. A "persistent cookie" is
written onto your hard drive and remains there until its expiry date. AdvisorAccess
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.
AdvisorAccess 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 Site. |
| |
| Last updated: March 8, 2002 |
| |
|