Terms of Use

 
Please read these Terms of Use carefully. By using this site, you are agreeing to be bound by these terms. If you do not agree with these terms please do not use this site. EDC may revise these Terms of Use at any time. You should view this page each time you visit this site since your use of this site after any such revisions will constitute acceptance of such revised terms.

Canadian Residents

The products and services offered on this site are only available and intended for Canadian residents. If you are not a Canadian resident and you choose to access this site, you do so on your own initiative and are responsible to comply with applicable local, national and international laws.

Information and Services

All information and services on this site are provided on an "as is" basis without warranty of any kind, either expressed or implied, including, without limitation, implied warranties or conditions of fitness for a particular purpose or use, or non-infringement. All information and services are subject to change at any time without notice. While EDC makes commercially reasonable efforts to ensure that the information and services contained on this site are accurate at the time they are placed on the site, EDC cannot guarantee the accuracy, completeness, timeliness, or reliability of any such information and services and EDC is not responsible for any inaccuracies, errors or omissions in the information or services. All information on this site is for information purposes only and is not intended to provide any specific advice and is not to be relied upon. Any actions or decisions should be based on independent research and professional advice.

Links/Software

Hypertext links to other websites are provided for convenience only and do not constitute an endorsement by EDC of such websites or the material, content or services provided therein. Such websites are independent from, and not within the control of, EDC. Before using such websites, you should review their terms of use and privacy policies.

Links to downloadable software sites are for convenience only and EDC is not liable for any difficulties or consequences associated with downloading the software. Use of any software is governed by the terms of the license agreement, if any, that accompanies or is provided with the software.

Services

EDC may, in our sole discretion, add, delete or change some or all of our services at any time without notice.

Confidentiality

The Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and loss. EDC will not be responsible for any damages you may suffer in connection with an e-mail you send to EDC or an e-mail EDC sends to you at your request. Should you decide to transmit information using Internet e-mail, you do so at your own risk. For information on how EDC collects or uses information, please refer to EDC's Privacy Policy.

Use of Site

At EDC's sole discretion, EDC may terminate the use, or refuse to permit the use, of any services and this site by any person or entity, for any reason and without notice.

In using this site and its services and products, you will not:

1. interfere with or disrupt this site or computer networks connected thereto;
2. impersonate any other person or entity, or make any misrepresentation as to your employment, title or authority;
3. forge headers or in any manner manipulate identifiers in order to disguise your origin;
4. upload, post, transmit, publish, or distribute any material or information for which you do not have all necessary rights and licenses;
5. upload, post, transmit, publish, or distribute any material or information which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of this site;
6. use this site in such a manner as to gain unauthorized entry or access to the computer systems or networks of others or attempt to gain unauthorized entry or access to any password protected or restricted areas of this site, or EDC's computer or network systems;
7. reproduce, copy, modify, sell, distribute or otherwise exploit for any commercial purposes any material, information, product or service offered within this site;
8. violate any law or regulation or any generally accepted Internet practice or interfere with any other user's ability to use this site and any of the services or products provided on this site; or
9. forge, alter or modify in any way any of the agreements, polices, information, reports or any other material posted or accessible within this site.

Trademarks and Copyright

Certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of this site may constitute trade names, registered or unregistered trade-marks or service marks ("Trade-marks") of EDC and of other persons or entities. However, the display of Trade-marks on pages at this site does not imply that any license has been granted to any third party. All rights are reserved.

The contents of the site (including but not limited to the materials accessible through the site) are protected by copyright, and are confidential and proprietary to EDC. You are entitled to copy, download and print any content for your own personal use but you may not otherwise, copy, modify, rent, lease, loan, sell, redistribute, republish or reproduce, in whole or in part, any such content in any manner including electronic reproduction by "uploading" or "downloading", or create any derivative works based on such content, without EDC's prior written consent.

Any unauthorized downloading, re-transmission, or other copying or modification of Trade-marks or other contents of this site may be a violation of statutory or common law and subject you to legal action.

Limitation of Liability

Neither EDC, its agents, employees, directors, officers and affiliated companies, nor any person associated with the creation of this site or its contents shall be liable for any direct, indirect, special, incidental, punitive, third party, consequential damages or any other damages, losses or expenses however caused, sustained by you or any other person as a result of the use of this site and/or any web browser, including any liability for:

1. interruptions and communication line failures including communication malfunctions that affect the accuracy or timeliness of messages or instructions between you and EDC and/or which prevent messages or instructions from being transmitted in whole or in part or agreements from being formed between you and EDC;
2. your inability to access, at any time, any part of this site or any services provided on it;
3. the malfunctioning or unavailability of this site, in whole or in part;
4. any harm or loss to your personal computer records or data howsoever caused including caused by viruses, "worms", "trojan horses" or other similar intrustive, disruptive or destructive programs or files of that nature;
5. interception or disclosure of confidential or sensitive information transmitted over the Internet;
6. inaccuracies, delays in operation or transmission, failures, errors or omissions or loss of transmitted information; and
7. lack of suitability, reliability, timeliness or availability of this site or any material or services offered on this site.

 
While EDC makes reasonable efforts to ensure that all information and services provided on this site do not contain computer viruses, you are solely responsible to adequately protect and backup your data and/or equipment and to take reasonable and appropriate precautions to scan for computer viruses or other destructive properties.

Indemnity

You agree to indemnify and hold EDC and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable lawyer's fees, made by any third party due to or arising out of: (i) your use of this site and the information, services and products provided on this site such as EDC Direct, (ii) your violation of these Terms of Use or any other terms and conditions under any other agreement applicable to any information, service or product provided on this site, or (iii) your violation of any rights of another.

Official Languages Act

EDC is bound by the Official Languages Act and relevant Treasury Board policies and all EDC information is available in both French and English. However, any information on this site which is provided by independent parties is available only in the language in which it was provided.

Governing Law

These Terms of Use and any issue or dispute relating to this site will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable laws of Canada. By using this site you are hereby consenting and submitting to the exclusive jurisdiction of the courts of the Province of Ontario in any action or dispute related to these Terms of Use or any issue in respect of this site.

User-Generated Content

EDC may provide Discussion Forums ("EDC Forums") for the use of website visitors, including an EDC Forum for the purpose of obtaining feedback and opinions on ExportWise.

By posting to the EDC Forums, participants acknowledge and agree to abide by the following terms and conditions.

Public discussions and feedback, including respectful dissenting opinions and honest criticism, are encouraged. The participant is responsible for all content that is posted.

EDC has the right to monitor the conversation for appropriate use and reserves the right to delete all or any part of any post without prior notice to the poster if, in the opinion of EDC, the post:

• Contains inappropriate language, or unlawful or objectionable material including material that is racist or sexist in nature;
• Makes threats, libelous or defamatory statements, or is in the nature of harassment or personal attacks;
• Makes misrepresentations or attempts to impersonate any other person or violate the privacy of any other person;
• Contains confidential or personal information, or otherwise infringes on the privacy, intellectual property or other rights of a third party;
• Promotes or sells products or services; or
• Contains any other content that EDC determines is inappropriate or detracts from the professional nature of the discussion.

 
If a comment is deleted, EDC may send a private message to the poster of the message along with the above posting policy. EDC will not engage with inappropriate posters in the public forum. If a participant displays an unwillingness to alter their posting habits, EDC reserves the right to take any measure it determines appropriate to restrict that user’s access to the site, including denying access to the site, without prior notice to the poster.

None of the above obliges EDC to provide or monitor the EDC Forums or to delete any content at the request of any user or otherwise.

EDC does not verify and assumes no responsibility or liability for the content of posts including views expressed by participants in the EDC Forums. Participants are advised that other members or participants in online forums may claim credentials or expertise that they do not, in fact, possess. Discretion must be employed in assessing the usefulness of any advice given by other users. EDC will not be liable for any actions, causes of action, debts, demands and claims of any nature arising out of any matter, cause, or circumstance relating to the user content of the EDC Forums.

By participating in the EDC Forums, the participant acknowledges, subject to the EDC Privacy Policy, EDC’s unrestricted right to use and publish any and all information that the participant publishes on the site, through postings, survey responses and otherwise. The participant thereby waives any claims against EDC for any infringements of any rights of attribution in connection with EDC’s use and publication of submissions.

EDC will ask forum participants to register with an e-mail address and create a password in order to access EDC Forums. Any personal information collected in connection with the EDC Forums will be used for the operation and administration of such forums which are intended to be a source of feedback and opinion or views from members of the public. Personal information will be retained for two years from the time it is last used for an administrative purpose.

Personal information provided in connection with the EDC Forums will be collected, retained and disclosed by EDC in accordance with the EDC Privacy Policy.

We advise that content posted on the EDC Forums will be publicly accessible to all EDC Web site users. By posting personal information on a publicly accessible forum, this information will be disseminated outside EDC. Participants are therefore strongly urged not to post personal information such as addresses and telephone numbers on the EDC Forums. Where personal information is posted on the EDC Forums, EDC cannot be responsible for the protection of such personal information.