DISNAT INTERNET
SITE USER AGREEMENT
Whereas Desjardins Online Brokerage Disnat (hereinafter “Disnat”)
, a division of Desjardins Securities Inc., is offering you the use
of its online information and transaction services (hereinafter, "Internet
Services"), subject to your acceptance of each and every condition
stipulated herein, and of each and every condition set forth in the
appropriate account agreements, and subject to Disnat's right to
discontinue its Internet Services at any time, either in general
or for one particular customer, as user of these services (hereinafter
the "User"), you consequently agree to each of the following
conditions:
1.
Definition
- Password means the User's personal password,
as selected and/or subsequently modified by the User.
- Trade Order means any order to buy, sell or
short sell securities which is transmitted by the User to Disnat,
using the Internet Services.
- Securities includes any stock, any debt equity,
any option, any unit of a mutual fund or any other securities.
2. Information Source
The information, facts and data provided by the Internet Services,
including those provided to Disnat by any third party have been obtained
through sources that appeared to us to be reliable. These information,
facts and data are provided for information purposes only. Disnat
does not represent or warrant, explicitly or implicitly, the timeliness,
accuracy, quality or completeness of said information, facts and
data. The User agrees and acknowledges that the information, facts
and data provided by Disnat's information suppliers may include views
and general recommendations but that Disnat does not endorse such
views or recommendations, or give investment, tax, accounting or
legal advice, or recommend the purchase and/or sale of any Securities.
Disnat and its information suppliers shall not be liable to the User for the
unavailability, interruption, delay, incompleteness or inaccuracy of information,
facts and data.
In no event shall Disnat and its information suppliers be liable in
any way to the User, or to any other person whatsoever, for indirect,
direct, special, punitive, consequential or incidental loss or damage
(including, but not limited to, trading losses, loss of anticipated
profits, loss by reason of shutdown of operations or increased operating
expenses, or other indirect loss or damage) or any other loss or damage
of any nature, arising from any cause whatsoever, even if either Disnat
or its information suppliers have been advised of the possibility of
such damage.
3. Disclosure and Acknowledgment
Disnat, a division of Desjardins Securities Inc., is solely providing
an order-execution only service. Disnat does not and will not provide
any recommendations to its customers, and will not be responsible
for making a suitability determination of trades when accepting orders
from a customer. As a client of Disnat, you acknowledge and agree
that you alone are responsible for your investment decisions and
that Disnat does not and will not consider your financial situation,
investment knowledge, investment objectives and risk tolerance when
accepting orders from you. You represent and warrant to Disnat that
you have the required investment knowledge and appropriate experience
in order to make your own investment decisions, and the financial
capacity and risk tolerance to sustain any trading losses or loss
of anticipated profits that may arise from your investment decisions.
In using the Internet Services and, particularly, in giving trade orders,
the User acknowledges that Disnat operates a discount brokerage service
that does not provide any advice to its customers, and represents and
warrants to Disnat that he has all the required knowledge and the pertinent
experience to make his own choices regarding his investments, and that
he has consulted or will consult, every time it was or will be either
necessary or appropriate, his own investment, tax, accounting or legal
advisors.
4. Use of Password
The User agrees not to select an obvious password, such as his date
of birth and to change his password on a regular basis to reduce
the potential for unauthorized use.
The User agrees not to disclose his password to any person, in any way, nor to
inscribe it on a document that is easily accessed. In all cases, the User agrees
to be responsible for all costs, charges, fees, operations, trades and transactions
incurred through the use of his password. The User agrees that Disnat is not
responsible for any loss, cost, charges, fees, operations, trades or transactions
incurred through authorized (yourself) or unauthorized use of his password.
The User agrees to notify Disnat, without delay, as soon as he becomes aware
of, or suspects any unauthorized use of his password, or if the document on which
the password is written is lost or stolen.
The User agrees not to let a third party use his computer or leave
his computer unattended after he has entered his password, unless he
first logs off from the Internet Services.
5. Trade Orders
The User agrees and acknowledges that all trade orders are subject
to verification of his Disnat account, among which, the sufficiency
of funds. The User acknowledges the right of Disnat to refuse to
execute any trade orders, at its sole discretion, in accordance with
the applicable regulations.
Notwithstanding the above, the User hereby authorizes Disnat to
execute any trade order submitted using the Internet Services, and
agrees to be solely responsible for any instructions communicated
to Disnat using the Internet Services.
The User accepts that it is not possible to change, via the Internet
Services or otherwise, a trade order that has already been executed
by Disnat.
The User agrees and acknowledges that, with respect to subsequent
changes to a trade order that has not yet been executed, Disnat is
required only to act on a "best efforts" basis, according
to the circumstances.
User agrees that in the case of any inconsistency between the data
generated by User and the data registered by Disnat's systems, the
latter shall prevail.
6. Confidentiality
Disnat cannot guarantee the User the privacy and confidentiality
of its Internet Services. Any instructions or messages sent by the
User or Disnat can be lost, intercepted or modified. The User agrees
that he is using the Internet Services at his own risk and that Disnat
will not be responsible for any damages the User may incur by transmitting
confidential information or trade orders.
The User also agrees and acknowledges that Disnat will not be responsible
for any damages that the User may incur when Disnat transmits confidential
information to the User.
7. Trademarks and Copyright
The User acknowledges that all information, facts and data conveyed
through the Internet Services are proprietary to Disnat and/or to
its information suppliers, and are protected by applicable copyright
laws, trademarks laws, device marks law and any other applicable
intellectual property laws. The User agrees not to download, retransmit,
reproduce or modify the information supplied through the Internet
Services without the prior consent of Disnat and its information
suppliers, unless such reproduction is made for the User's personal
use only, otherwise the User may be liable for legal proceedings
and damages.
The User agrees that he shall receive information, facts and data solely for
his own use. In no case shall the User retransmit or otherwise furnish information
to any other person. The User acknowledges that said information, facts and data
are and shall remain the property of Disnat and/or of its information suppliers.
Any names, services, words, phrases, icons or others that are used
may constitute trade names, trademarks or service marks of their respective
owners, the use of which may have been licensed to them. The display
of trade names, trademarks or service marks does not imply that license
of any kind has been granted to anyone.
8. Limits of Liability
A. Disnat, its directors, officers, employees
or agents may, at their discretion, use the Internet Services to
act in all matters on instructions or trade orders given or purporting
to be given by the User, or on his behalf, and Disnat, its directors,
officers, employees or agents shall not incur any liability, by
reason of acting or not acting on such instructions or trade order.
Neither Disnat, nor its directors, officers, employees or agents,
nor any information supplier may be held liable for :
- any inaccuracy, error, delay, interruption or omission of any
information;
- any loss or injury caused, in whole or in part, by contingencies
beyond their control in procuring, interpreting, compiling, writing,
editing, reporting or delivering any information or other services
through the Internet Services;
- technical hardware or software failures of any kind, lost or
unavailable network connections, or failed, incomplete, garbled
or delayed computer transmissions, whether caused by the User,
Disnat or a third party, or by any of the equipment or programming
associated with or utilized by the Internet Services, or by any
technical or human error that may occur in processing a trade order.
- any decision made or any action taken by the User in response
to information provided through the Internet Services.
B. Notwithstanding the foregoing, the User agrees
that the liability, if any, of Disnat and its directors, officers,
employees or agents and its information suppliers arising out of
any kind of legal claim (whether in contract, tort or otherwise)
in any way connected with the Internet Services shall not exceed
the amount the User paid to Disnat for the use of the Internet Services.
C. The User agrees that Disnat and its directors,
officers, employees or agents and its information suppliers will
not be liable for any loss or damage resulting from any cause over
which Disnat, its directors, officers, employees or agents and its
information suppliers have no control, including but not limited
to, acts or omissions, failure of electronic or mechanical equipment
or communication lines, telephone or other inter-connect problems,
unauthorized access, theft, power failure, labour disputes or government
intervention.
D. The User agrees to accept responsibility for any
loss caused as a result of the submission of a trade order by the
electronic means as more fully described in paragraph 8(c) herein.
E. Disnat and its directors, officers, employees
or agents and its information suppliers do not warrant the accuracy,
completeness, quality, adequacy or content of any information supplied
by the Internet Services. Such information is provided "as
is" without warranty or condition of any kind, either express
or implied, including, without limitation, the implied warranties
of merchantability, fitness for a particular purpose, or non-infringement.
The Internet Services could include inaccuracies or typographical
errors.
F. In no case shall Disnat or its directors, officers,
employees or agents and its information suppliers be held liable
for any special, direct, indirect, incidental or consequential damages,
including without limitation, lost revenues, lost profits or loss
of prospective economic advantage, resulting from the use or misuse
of the Internet Services, of the information, documents, software
or content thereof, even if advised of the possibility of such damages,
or for any claim by another party.
Disnat and its information suppliers offer no guarantees of any kind, express,
implied or statutory, with regard to the Internet Services, including the information
provided by its information suppliers. In particular, though without limitation,
Disnat and its information suppliers offer no guarantees as to the timely, truthful,
sequential, complete, accurate, or continuous nature of the information, facts
and data transmitter or shared, nor any implied warranties arising from trade
usage, course of dealing, course of performance, or the implied warranties of
merchantability or fitness for a particular use or purpose.
9. General Provisions
- Modifications of provisions: The User agrees that Disnat may,
at its sole discretion and without delay, modify any provision
of this Agreement and inform the User via the Internet Services.
- Interruption of the Internet Services: The User agrees and acknowledges
that the Internet Services may be interrupted for any cause of
any kind and the User agrees to undertake all the risks and suffer
all the consequences of all interruptions for any cause of any
kind.
- Non Solicitation clause: The information, facts and data provided
by the Internet Services do not constitute in any way a solicitation
or an offer to buy or sell any securities.
- Nullity of Provision: The invalidity or unenforceability of a
provision or a condition shall attach only to such provision or
condition and shall not affect the remainder of the Agreement.
- Governing Law: This Agreement shall be governed and construed
in accordance with the Canadian province where the User resides.
- The
parties acknowledge that they have required the original agreement
and all related documents to be prepared exclusively in English.
Les parties reconnaissent avoir exigé que la présente convention
et tous les documents connexes soient rédigés exclusivement
en anglais .
The User expressly acknowledges having read the Disnat Internet
Services User Agreement, and agrees to abide by its provisions. The
User acknowledges that he was given sufficient time and opportunity
to obtain satisfactory explanations and clarifications of the nature
and scope of the provisions of the Disnat Internet Services User
Agreement, by consulting the appropriate sections on the web site,
or by contacting Disnat by phone at 514-842-2685 or 1-800-268-8471,
or in writing at 2020 University, 9th Floor, Montreal, Quebec H3A
2A5; as a result, the User declares that he understands and accepts
all of the provisions of this Agreement.
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Please note that the user agreement for Disnat Direct services is available in the Client Service section of our client site.
For any questions,
please contact us:
Client Service
1-866-873-7103
By email
infodisnat@disnat.com
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