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GE CANADA INTERACTIVE SERVICES
ADDITIONAL TERMS
Please
read these Additional Terms carefully before registering or
using this portion of the Website.
This
part of the Site is provided by GE Canada Equipment Financing
G.P. and its Canadian affiliates forming part of the GE Canada
Equipment Financing group ("GECEF"), for use by dealers carrying
on business in Canada only, conditional on your acceptance
of the additional terms set forth below (the "Additional Terms").
These Additional Terms are in addition to the Terms and Conditions
of Use of the Site and the Privacy Policy of the Site, which
are both accessible on the access page of this Site, are hereby
incorporated by reference and, together with the Additional
Terms below, are referred to as this "Agreement". By registering
on this portion of the Site and then accessing, using and/or
downloading materials from this portion of the Site, you agree
on your own behalf and on behalf of each entity on whose behalf
you act to accept and abide by this Agreement for each use
and each visit of this portion of the Site. If you do not
agree to abide by this Agreement, you should not register
or use this portion of the Site or download or use materials
from it. This Agreement applies exclusively to your access
to and use of this Site and does not alter the terms or conditions
of any other agreement you may have with GECEF.
GECEF has
the right, at its sole discretion, to add to, remove, modify
or otherwise change any part of this Agreement, in whole or in
part, at any time. Changes will be effective when notice of
such change is posted at this Site. Your continued use of this
portion of the Site or downloading or use of materials from it
after any such changes are posted will be considered
acceptance of those changes.
GECEF may
terminate, change, suspend or discontinue any aspect or any
portion of this Site, including the availability or any
feature of the services or system described below, at any time
without notice or liability. GECEF may also impose limits on
certain features and services or restrict your access to parts
or all of this Site without notice or liability.
GECEF
reserves the right to deny registration to any person, to
suspend a registration at any time, and to revoke any such
registration in the event of any breach of this Agreement. In
the event of any significant change in this Agreement, GECEF
is entitled to rescind this Agreement and propose a revised
form of Agreement for acceptance by any previously registered
person. You may cancel your registration and rescind this
Agreement at any time by written notice to GECEF, provided
that such cancellation and rescission will not relieve you of
any pre-existing obligation to GECEF.
1. Ownership of
Services: You acknowledge that the copyright and all other
intellectual property rights in the GE Canada Interactive Services
Program (the "Services") software, any future services and programs
that may be offered by GECEF and accepted by you from time to
time, together with any future enhancements, upgrades and replacements
thereto and all related documentation and information (collectively,
"System") are owned by GECEF, its affiliates and their suppliers.
2. Use
Conditions: You agree that:
a) the
results of the use of the Services are dependent on the
quality of information you provide to GECEF in using the
Services. Accordingly, you agree to use your best efforts to
supply information that is verified, correct and current.
You represent to GECEF that you have obtained from your
credit applicant his/her written consent relating to
personal information in the form specified by GECEF from
time to time, including his/her written authorization for
GECEF to verify any information you will have provided to
GECEF with any credit information service (such as any
credit bureau or agency) or any other person. You further
agree to handle information obtained from each customer only
as permitted by his/her consent and in accordance with
GECEF's instructions and section 6;
b) use
of the Services is restricted to use by your employees to
process transactions with GECEF during GECEF's regular
business hours;
c) you
will abide by GECEF's instructions with respect to use of
the Services and of the System;
d)
neither this Agreement nor use of the Services or System
alter in any way GECEF's discretion to approve or refuse the
granting of credit to any applicant or to fund any
transaction on such conditions (including, without
limitation, compliance with GECEF's policies and procedures)
as GECEF may deem fit; and
e) you
will promptly advise GECEF should you no longer require the
Services (in such case, GECEF may terminate your access to
the Services as provided herein).3.
Restricted Support: At its discretion, GECEF will
provide support for the Services by way of a help desk
operating from 9am to 5pm local time, regular holidays
excepted. You acknowledge that GECEF will not be providing any
support, new releases or maintenance for the Services or the
System other than as expressly provided in this section
3.
4.
Disclaimer and Limitation of Damages: This site, the
Services and the System are provided to you by GECEF "as is"
without any representation or warranty, express or implied, of
any kind, and GECEF, its affiliates and their suppliers hereby
disclaim all warranties and conditions with regard thereto,
including, but not limited to, all implied warranties and
conditions of merchantability, fitness for a particular
purpose, title and non-infringement, and those arising by
statute or otherwise at law, or from a course of dealing or
use of trade. GECEF does not warrant that this or any portion
of the Site or the System will operate without interruptions
or that it will be error free.
In no
event shall GECEF, its affiliates and / or their suppliers be
liable for any direct, indirect, incidental, consequential,
punitive, exemplary, reliance, special or other damages
(including, without limitation, damages for harm to business,
lost profits, lost savings or lost revenues, business
interruption, loss of information or programs or other data on
your information handling system) related to the use of, or
the inability to use, this or any portion of the Site, the
Services or the System, whether or not any of GECEF, its
affiliates and / or their suppliers has been advised of the
possibility of such damages.
The
limitations of liability and disclaimers herein contained
apply regardless of the form of action, whether in contract,
warranty, delict, quasi-delict, strict liability, negligence,
or other tort and shall survive a fundamental breach or
breaches, or the failure of the essential purpose of contract
or the failure of an exclusive remedy.
Because
some jurisdictions do not allow exclusions of implied
warranties or conditions or limitations of liability for
direct, indirect, consequential, incidental or other types of
damages, the above exclusions or limitations may not apply, or
may only partially apply, to you.
5.
Indemnity: You agree to defend, indemnify and hold
GECEF, its affiliates and their suppliers as well as their
respective directors, officers, employees and agents harmless
from and against any and all losses, damages, costs and
expenses (including, without limitation, reasonable attorney's
fees), arising from any third party action, claim or demand
which results from any breach by you of this Agreement, or
from your use or misuse of, or your inability to use the
Services or the System, including more particularly, without
limiting the generality of the foregoing, by any credit
applicant who is refused credit as a result of your use of
such Services or System.
6.
Confidential Information: You acknowledge that the
confidential information made available to you represents
invaluable competitive information of GECEF, its affiliates
and / or their suppliers. You expressly agree to treat the
confidential information as strictly confidential and not to
disclose it to anyone except (a) as required by law, (b) with
the prior written consent of GECEF, or (c) to one of your
employees who (i) needs to review the confidential information
to use the Services, (ii) has been informed of the
confidential nature of the confidential information and (iii)
has agreed to comply with the terms of this Agreement. You
also agree to protect the confidential information with at
least the same degree of care as you use to protect your own
confidential information and not to copy the confidential
information in tangible form without GECEF's prior written
consent. For purposes of this section, "confidential
information" means the System and any other confidential,
non-public and/or proprietary information and materials about
GECEF's and its affiliates' and / or their suppliers'
businesses which include, but is not limited to, information
about customers and affairs of customers, policies and
procedures, including credit policies, finances, marketing
plans and other business plans, products, services,
technology, computer systems and programs and any other
information which, according to the circumstances under which
it was disclosed, ought in good faith to be treated as
confidential.
7.
General:
a) The
rights granted in this Agreement are not transferable by you
to anybody except with the prior written consent of
GECEF.
b) As
aforesaid, GECEF may terminate this Agreement, all rights
and licenses granted thereunder and your access to the
Services at any time. Notwithstanding such termination, the
provisions of sections 3, 4, 5 and 6 will
survive.
c) This
Agreement is governed by the laws of the Province of
Ontario, Canada (without regard to its conflict of laws
rules). You consent to the exclusive jurisdiction and venue
of Ontario courts in case of any dispute connected with this
or any portion of the Site or the
Agreement.
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