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EDUCATORS FINANCIAL GROUP
Website Legal Terms & Conditions of Use

Educators Financial Group Inc. offers their clients secure online access to their investment accounts. Through online access, clients can view investment performance and account details, access important documents, initiate transactions (i.e. open an account, add funds to an account etc.), book a meeting with a Financial Advisor, view secure messages, view and download important documents and set goals.

Acceptance of the Website Legal Terms & Conditions of Use

These Terms and Conditions of use constitute a legal agreement and are entered into by and between you and Educators Financial Group Inc. (“Educators”,Company,” “we,” “us,” “our“) governing your access to and use of, including any content, functionality, and services offered on or through https://secure.educatorsfinancialgroup.ca the “Website“).

BY USING THE WEBSITE YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS & CONDITIONS AND EDUCATORS’ PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

By using this Website, you represent and warrant that you are of the legal age of majority under applicable law to form a binding contract with the Company and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Website.

Modifications to the Terms & Conditions and to the Website

We reserve the right in our sole discretion to revise and update these Terms & Conditions from time to time. All such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the Terms & Conditions to be aware of any such modifications and your continued use shall be your acceptance of these.

The information and material on this Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.

Your Use of the Website and Account Set-Up and Security

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Access to and use of the Website requires an electronic identifier which consists of the use of the following: (a) Login ID (b) Password (c) Two-step verification (sometimes called 2FA or MFA) which protects your Educators’ account(s) by requiring a unique, time sensitive verification code each time you log in on a new device. You can receive your verification in one of two ways:  phone number (via text message) or by way of an authenticator App.  It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

You agree that electronic pages, such as the Website pages, accessed by electronic identification are written documents and that by electronically acknowledging by “clicking” any “buttons” stating “OK”, “proceed”, “continue”, “approve” or “buttons” with similar intent shall have the same legal effect as if you had placed your signature by hand and provided hardcopy versions of such pages with intent to be legally bound with Educators for their content.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted electronically. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You agree to use your own private wireless data connection and avoid use of public Wi-Fi services, when you are using the Website. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password and/or other personal information. You understand and agree that should you be provided online access, this access is personal to you, and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

If your credentials are lost, stolen, misused or may have become known to anyone other than yourself, it is your responsibility to immediately notify us so that we can help rectify the situation. You can call 1-800-263-9541.

We reserve the right to contact you to obtain confirmation of any electronic or telephone instruction before processing any transaction but will not be liable due to any inability or failure of us to contact you to confirm such instructions.

We use the Salesforce platform which enables investors to access their investment account(s) via the internet, 24 hours a day, 7 days a week. Salesforce is equipped with the latest and most sophisticated security mechanisms to ensure unauthorized users cannot access your account information. Data transmitted over this site is secure and private.

Our server environment is managed appropriately, and our firewall infrastructure is strictly adhered to all security practices are reviewed on a regular basis.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or directed by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms & Conditions.

You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website. The framing, scraping or data mining of the site or any of its content in any form by third parties is strictly prohibited.

Quarterly statements, tax slips, trade confirmations and other documents

Educators offers you the ability to receive your quarterly statements, tax slips, trade confirmations and other documents electronically. By registering for online access, you consent to Educators delivering your documents via this method only. No paper copy will be mailed to the address we have on file unless you contact us to opt in to receive paper documents.

When your documents become available online, you will receive an email notification informing you that they are now available. If your email address has changed, you will need to initiate a request to change your email on our website or contact us at 1-800-263-9541 so that we may update our records to avoid any delivery disruptions.

Your documents will remain available to you for two years from the date that they are uploaded. Should our Retention Policy change, you will be notified prior to the implementation of any new Retention Policy. You will have the ability to download and save, as well as print, the documents and personal data (e.g., transactions) available via our website. If you wish to go back to receiving a printed copy of your documents by mail, or you with to receive an older record, you can contact us at 1-800-263-9541 to change back your preferences to paper document delivery.

Internal processes are in place to ensure that an email notification is successfully delivered to the email address we have on file to notify you about your electronic quarterly statements, tax slips, trade confirmation and other important documents being available online. If the email notification delivery is unsuccessful, we will attempt to contact you to update your information. If we are unable to contact you, your delivery method will be changed back to a paper copy and your statement will be mailed to your address on file. To opt back into electronic documents, you can contact us at 1-800-263-9541 and provide an updated email address.

All necessary steps have been taken to ensure the confidentiality of your personal information as well as the information contained in your quarterly statement throughout the electronic delivery process. You may view a copy of our Privacy Policy here: https://www.educatorsfinancialgroup.ca/privacy-policy-legal-notice

Intellectual Property Rights and Ownership

You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The Company name, the Educators Financial Group trademark, the Company logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever.

Users are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print off, copy, or download any part of our Website in breach of these Terms & Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms & Conditions is a breach, and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

Site Monitoring and Enforcement, Suspension, and Termination

Company has the right, without provision of notice to:

  • Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms & Conditions.

You waive and hold harmless the Company and its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors from any and all claims resulting from any action taken by the company relating to any, investigations by either the company or by law enforcement authorities.

No Reliance

The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction based on the content on our site.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and the Company has no responsibility or liability whatsoever for your use of this Website.

Privacy

By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with Educators’ Privacy Policy, as we deem necessary for use of the Website and provision of services.

Third-Party Websites

For your convenience, our Website may provide links or pointers to third-party websites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any Terms & Conditions of such third-party sites.

Geographic Restrictions

The owner of the Website is based in Ontario in Canada. We provide this Website for use only by persons located in Ontario and British Columbia, Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

Disclaimer of Warranties

You understand and agree that your use of the website, its content, and any services or items found or attained through the website is at your own risk. The website, its content, and any services or items found or attained through the website are provided on an ‘as is’ and ‘as available’ basis, without any warranties or conditions of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Neither the company nor its parent, subsidiaries, affiliates, or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors make any warranty, representation, or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency, or availability of the website or its contents. Without limiting the foregoing, neither the company nor its parent, subsidiaries, affiliates, or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors represent or warrant that the website, its content, or any services or items found or attained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our website or the server that makes it available are free of viruses or other harmful components.

We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the website will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the website and your computer, internet, and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing, or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items found or attained through the website or to your downloading of any material posted on it, or on any website linked to it.

Limitation on Liability

Except where such exclusions are prohibited by law, under no circumstance will the company nor its parent, subsidiaries, affiliates, or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort, breach of contract, breach of privacy, or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use, or inability to use, or reliance on, the website, any linked websites, or such other third-party websites, nor any website content, materials, posting, or information thereon.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms & Conditions or your use of the Website, including, but not limited to, your User Submissions, third-party sites, any use of the Website’s content, services, and products other than as expressly authorized in these Terms & Conditions.

Governing Law and Choice of Forum

The Website and these Terms & Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

Any action or proceeding arising out of or relating to this Website and under these Terms & Conditions will be instituted in the courts of the Province of Ontario or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms & Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of these Terms & Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms & Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

Business Clients

Access:

All business clients can access and use the Website with one (1) identifier which consists of the use of the following: (a) Login ID (b) Password (c) Two-step verification (sometimes called 2FA or MFA) which protects your Educators’ account(s) by requiring a unique, time sensitive verification code each time you log in on a new device. You can receive your verification in one of two ways:  phone number (via text message) or by way of an authenticator App.  It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

The Customer will ensure that:

(i) all Users are properly authorized to use the Services on its behalf, and that the User Permissions given to the User correspond to the User’s authority to act on the Customer’s behalf. Educators may, in its discretion, with or without prior notice, accept, reject, change, or terminate the User Permissions given to each User;

(ii) each User complies with the Terms and Conditions of the Agreement, Customer is responsible for all actions and omissions of Users, and all actions and omissions of Users are binding on the Customer;

(iii) all information provided to Educators about each User, including the name, mailing address, email address, telephone and mobile numbers, and other contact information for each User, is the correct and current information for the User acting in a business capacity on the Customer’s behalf;

(iv) all necessary changes are made in the event of a change to a User’s authority or information. The Customer is bound by any change made by a User. Changes made to the Services, including any change to the authority and information of each User, may not result in corresponding changes to any other Services or Documents; and

(v) its other Services and Documents are changed to the extent necessary, in accordance with the Agreement.

Disclaimer:

Educators  is not responsible for verifying or changing the authority or information of any User in connection with any Service. This disclaimer applies notwithstanding anything contained in an Authorization Form or other Document provided to Educators

Documents:

Any Document, including Instruments, bearing any such signature shall have the same legal effect as if in written paper form signed by the Customer, and the Customer is bound by, and responsible for, the resulting transactions. Educators is authorized to give effect to any Document, including any Instrument, bearing such mechanical, electronic, or other nonmanual signature, and regardless of who actually affixed the mechanical, electronic, or other nonmanual signature, how that signature came to be affixed, or whether it is genuine.

Entire Agreement

The Terms & Conditions of our Privacy Policy constitute the sole and entire agreement between you and Educators Financial Inc. regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Language

While our Website offers select content in French, you agree that all documents related to your account (s), all transactions, as well other content will be provided in English only.

Reporting and Contact

This Website is operated by Educators Financial Group Inc. 2225 Sheppard Avenue East, Suite 1105 Toronto, ON, M2J 5C2

Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to the Company at info@educatorsfinancialgroup.ca

Glossary

“Customer” means the Person who enters into this Agreement or who is enrolled in, authorized for, or uses any Service;

“Educators”, “Company,” “we,” “us,” “our” means Educators Financial Group Inc.;

“Investment Account” means a individual or business deposit account provided by Educators Financial Group Inc.;

“Legal Terms and Conditions” mean the terms and conditions herein contained;

“User” means a Person using the Services; and

“User Permissions” means the roles, responsibilities, access, and entitlements given to a User in connection with the Services;

 

December 6, 2024

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