| This documents describes the Terms and Conditions
(“the Agreement”) contingent upon which Everforex Financial Corp. (
“Everforex”. “the Company” or “we”, “our” or “us”) grants you access to the
Everforex website www.everforex.ca and all of its sub-domains and electronic
software products (the "Websites”) .
 User
Agreement
You must read, understand, accept and agree to all parts of this Agreement
without modification before starting or continuing to use any services or
products provided by Everforex via its Websites.
You must explicitly agree to this Agreement before you can register for
Everforex Online services.
Variations
Everforex may modify this Agreement from time to time by publishing a note and
the amended terms on the Websites. All changed terms shall be automatically
effective 7 days later after their initial posting on the Website.
By continuing to use the products and services provided by Everforex, you will
indicate that you agree to the Agreement being modified by Everforex.
User
Eligibility
You must not use the services and products provided by Everforex in ways which
contravene the laws of Canada, the laws of the country in which you are
accessing the Websites or the laws of any country to which you have requested
exchanged funds be transferred, in all cases including but not limited to money
laundering and drug trafficking laws. Everforex reserves the right to refuse,
stop or cancel the provision of its products or services to anyone at its sole
discretion.
Content,
Software, License and Copyright
The Websites contain information obtained from sources believed to be reliable
and have been prepared in good faith and with all reasonable care. Everforex
makes no warranty, express or implied, concerning the suitability,
completeness, quality or exactness of the information and models provided on
the Websites.
Neither Everforex, nor any party who has contributed to the design or content
of the Websites (the “Content Providers”), have any liability to the user, or
any other third party, for the accuracy of the information contained in the
Website or Sub-domains, or for any errors or omissions therein, nor will
Everforex or any of the Content Providers have any liability for the use,
interpretation or implementation of the information or models contained in the
Websites by any person.
Neither Everforex, nor any of the Content Providers, shall be liable to the
user of the Websites, or to any third parties, for claims or losses of any
nature resulting from using the Websites including, but not limited to, lost
profits, punitive, consequential, special, incidental, indirect or similar
damages even if advised of the possibility of such damages and whether or not
such claims or losses are caused by, or can be attributed to, the negligence of
Everforex or any of the Content Providers.
Everforex undertakes no obligation to update the information contained on the
Websites.
The copyright in the Websites belongs to Everforex or the Content Providers if
applicable. You must not copy, sell, transfer or duplicate anything on the
Websites without the prior written consent of Everforex.
Everforex grants you a non-exclusive, non-transferable and limited personal
licence to access the Websites. If you want to link to the Websites, you agree
not to do so without the prior written consent of Everforex.
You understand that the Websites do not contain personal advice. You understand
that the information on the Websites is of a general nature only. You agree to
consider that information in light of your objectives, financial situation and
needs, and to consider the relevant Product Disclosure Statement, before making
a decision in relation to any financial product to which the Websites relate.
User
ID and Password
We will never email you to ask for your password. When we write to you, we will
always use your full name in the email body.
Once you have registered as a user of the Websites you must enter your own
password and will be assigned a unique user login ID by the system
automatically during the registration process. You are solely responsible for
maintaining the confidentiality of your user ID and password and of the
activities or transactions conducted under you user ID.
You must not tell your password to anybody else. You agree to change your
password at least once every month and to take reasonable steps to ensure that
it does not become available to third parties.
You must notify Everforex immediately if you become aware of any unauthorised
use of your user ID and password. In any case, Everforex will not be liable for
any loss or damage that is incurred as a result of someone else using your user
ID or password, either with or without your knowledge.
Obligations
of Everforex
From time to time Everforex will maintain or upgrade the hardware and software
elements of its electronic products. If Everforex decides such maintenance is
necessary, it will usually occur from 12:00 to 18:00 (hereinafter “Maintenance
Time”) on Sundays. During the Maintenance Time the online services may not be
available.
Everforex will use its best efforts to maintain the customer transaction data,
and will provide you with access to your transaction records via the Websites
if you have registered as a user or, if you are not a registered user of the
Websites, upon a request being made by you to us.
Everforex will not authorise or endorse the reliability, accuracy or
completeness of any information provided on the Websites.
Technical
Problems
Everforex makes reasonable efforts to maintain the health of its hardware and
software. You understand that technical problems or other related conditions
may from time to time prevent you from accessing the Websites. Everforex shall
not be liable for any of your losses caused by failure to access the Websites
caused by a technical problem, system failure, system defect, broken internet
connection, security breach, high internet traffic volume, or any other
condition such as earthquake.
Disclaimer
Everforex and its officers, employees and agents, and the Content Providers
disclaim all liability for loss or damage caused as a result of information
provided to users of the Websites; and are not liable to compensate you or any
other person for any loss, damage, cost or expense sustained or incurred in
connection with any opinion, advice, recommendation, representation or
information expressly or impliedly published in, or contained on the Websites,
or in any disclosure document to which you are provided access, or in
connection with any application you make through the Websites for financial
products notwithstanding any error or omission including negligence. Governing
Laws
This Agreement shall be governed by the laws of British Columbia, Canada and is
subject to the exclusive jurisdiction of Courts of that province. If any part
of this Agreement is unlawful, void or unenforceable, that part will not affect
the validity and enforceability of any remaining provisions.
You agree to comply with the laws applicable in Canada, in the country in which
you are accessing the Websites and in any country to which you have requested
exchanged funds be transferred.
Indemnity by you
You fully indemnify Everforex and its officers, employees and agents in respect
of any loss, damage, cost or expense which they may sustain or incur in
connection with your use of the Websites.
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