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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.

 

Please read the Privacy Policy and Terms and Conditions of Use. By using GE Canada Interactive Services, you agree to be bound by the terms and conditions in each of these statements.
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