Terms of Use
This version in effect since April 10, 2007.
This Agreement governs use of the Steadyhand Investment Funds website. It exempts Steadyhand and other persons from liability or limits their liability, and contains other important provisions that you should read. By using the website, you acknowledge and signify that you have read, understood and agreed to be bound by this Agreement. If you do not accept and agree to this Agreement, you may not access or use the website.
The website is administered by Steadyhand from Toronto, Ontario, Canada. Steadyhand's products and services referenced on the website are available only in certain jurisdictions in Canada, and are not intended for or available to persons resident or located in other jurisdictions.
1. Your Acceptance of this Agreement
This is an Agreement between you and all persons you represent (and for purposes of this Agreement, "person" includes natural persons and any type of incorporated or unincorporated entity) and Steadyhand Investment Funds Inc. and Steadyhand Investment Funds Limited Partnership (together, "Steadyhand"), regarding your access to and use of the Steadyhand Investment Funds website and all content, information, products and services available on or through the website, including the Blog (collectively, the "Website"). This Agreement also provides benefits to Steadyhand's affiliates, service providers, suppliers and other persons.
Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, without limitation or qualification, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website.
2. Permission to Use the Website
The Website may be accessed and used only by persons in Canadian jurisdictions where Steadyhand's services and securities of the Steadyhand investment funds, may lawfully be offered for sale (collectively, "Authorized Jurisdictions"). Steadyhand Investment Funds Inc. is a mutual fund dealer in British Columbia, Alberta, Saskatchewan, Manitoba and Ontario and a member of the Mutual Fund Dealers Association of Canada, and is the general partner of the Steadyhand Investment Funds Limited Partnership, the manager of the Steadyhand investment funds. Securities of the Steadyhand investment funds are qualified for sale to the public only in British Columbia, Alberta, Saskatchewan, Manitoba and Ontario, and except in limited circumstances, may only be purchased through Steadyhand Investment Funds Inc. or other registered dealers by persons resident or located in British Columbia, Alberta, Saskatchewan, Manitoba and Ontario.
You are solely responsible for determining whether your use of the Website is lawful, and you must comply with all laws applicable in the jurisdiction from which you are accessing and using the Website.
The Website may be accessed and used only by individuals who can form legally binding contracts on their own behalf and on behalf of the persons they represent, and who have accepted this Agreement. The Website may not be used by persons if their permission to use the Website has been previously revoked or terminated by Steadyhand.
"Clients Only" portions of the Website may be accessed and used only by registered clients of Steadyhand Investment Funds Inc. or their registered authorized representatives who have signed the Steadyhand Investment Funds Inc. Investment Account Application, and have a valid and subsisting username and password (collectively, "Codes") issued by Steadyhand Investment Funds Inc.
3. "Clients Only" Portion of Website
If you are a Steadyhand client and have been issued applicable Codes by Steadyhand, you may access the clients only portions of the Website to access account and unitholder information and documents and to communicate with and provide instructions to Steadyhand.
(a) Eligible Accounts: All of your eligible present and future Steadyhand accounts will be accessible through the clients only portions of the Website.
(b) Website Communications and Instructions: You authorize us to accept your communications and instructions given via the Website as if those communications and instructions had been given directly by you in writing and signed by you, and you authorize us to respond via the Website and by email to your communications and instructions.
(c) No Communications from outside Canada: You may not contact us via the Website to provide instructions regarding transactions while you are located outside of Canada.
(d) Refusal to Process Instructions: Except as required by applicable law, we may in our discretion refuse to process any instructions that you give to us via the Website, or may reverse the processing of any such instructions at any time, without any prior notice or any liability to you or any other person.
(e) Accuracy of Instructions: You are responsible and liable for ensuring that all instructions you give to us via the Website are true, accurate, and complete. We will rely upon the truth, accuracy, and completeness of your instructions.
(f) No Time Sensitive Instructions: Time-sensitive instructions and other communications should not be communicated via the Website. Rather, they should be communicated to Steadyhand by telephone or in person.
(g) Processing and Verification: We are not responsible or liable to you or any other person if we do not immediately process or implement your instructions or communications. Instructions and other communications you provide via the Website may take time to process, implement, and execute.
(h) Cancellation of Instructions: You may request the cancellation of instructions given via the Website that have not yet been processed. If we process the instructions before we process your cancellation request, your cancellation request will not be effective.
4. Scope of Agreement
This Agreement, together with any applicable, valid and subsisting Steadyhand Investment Funds Inc. Investment Account Application, govern your use of the Website, are the entire agreement between you and Steadyhand relating to your use of the Website, and supersede all previous agreements, written, oral or otherwise, between you and Steadyhand with respect to your use of the Website.
5. Changes to this Agreement
Steadyhand may in its discretion change, supplement or amend this Agreement as it relates to your future use of the Website from time to time, without any prior notice or liability to you or any other person, by posting the revised Agreement on the Website. By using the Website after this Agreement has been revised, you signify your acceptance and agreement to be bound by the revised Agreement.
6. Codes (Usernames and Passwords)
All Codes remain the property of Steadyhand Investment Funds Inc., and may be cancelled or suspended at any time by Steadyhand Investment Funds Inc. in its discretion without any notice or liability to you or any other person. If you have been issued Codes: (a) you are fully responsible and liable for all use and misuse of the Codes; (b) you will not disclose the Codes to any other person; (c) you will keep the Codes secure and confidential at all times; and (d) you will immediately notify Steadyhand Investment Funds Inc. by telephone (1.888.888.3147) if you know or suspect that any of the Codes have been compromised.
7. No Transactions, Orders, Instructions
Except for the "Clients Only" portions of the Website, the Website may not be used to access account information, to engage in transactions, to place buy or sell orders, or give instructions to Steadyhand or any other person regarding any matter.
8. Email
Email is not secure or confidential, and email delivery can be delayed or misdirected. For those reasons, email may not be used to provide instructions, or orders or other time-sensitive or confidential information to Steadyhand. If you use email to communicate with Steadyhand, you do so at your own risk.
9. Disclosure Statement
Steadyhand and its affiliates, and their respective directors, officers, employees or partners, or members of their families, may from time to time acquire, hold or sell securities mentioned on the Website as principal or agent. The Steadyhand investment funds are considered to be "connected issuers" of Steadyhand Investment Funds Inc. within the meaning of applicable securities laws.
10. No Advice
The Website (including the Blog) is for informational and demonstrative purposes only. The Website is not: a comprehensive or detailed statement concerning the matters addressed; advice or a recommendation; or an offer, solicitation or recommendation to sell or buy any stock, bond or other financial instrument or any product or service. You should obtain appropriate, qualified professional advice before acting or omitting to act based upon any information obtained on or through the Website.
11. Errors and Corrections
Steadyhand endeavours to provide accurate information and documents on and through the Website, but errors may occur and information and documents may become out of date. Steadyhand does not guarantee the accuracy, completeness, or timeliness of the information and documents available on or through the Website.
12. The Blog
The Blog contains our views on various topics as well as comments submitted by Website users. The Blog is intended to be a convenient means of exchanging ideas and opinions, and is not a comprehensive or detailed statement concerning the matters addressed; advice or a recommendation; or an offer, solicitation or recommendation to sell or buy any stock, bond or other financial instrument or any product or service.
13. Security
You are solely responsible and liable for setting-up, maintaining and regularly reviewing security arrangements concerning your access to and use of the Website and information stored on your computer and communications systems.
14. Information Submissions and Communications
To use portions of the Website, you may be required to submit information through the Website. You will ensure that all information you submit through the Website is true, accurate, current and complete. Steadyhand will rely upon the information you submit.
15. Disclaimers, Liability Exclusions / Limitations / Release and Indemnity
Steadyhand does not accept any liability for your use of the Website (including the Blog). Your access to and use of the Website is at your own risk. The Website is provided on an "as is" and "as available" basis, without any representations, warranties or conditions of any kind, whether express or implied.
Notwithstanding any other provision of this Agreement, under no circumstances will Steadyhand ever be liable to you or any other person for any loss or damage arising from, connected with, or relating to the Website. If, notwithstanding the foregoing, Steadyhand is liable to you or any other person, then in no event will Steadyhand's total aggregate liability ever exceed $100 (CDN).
16. Personal Information Privacy
Steadyhand may in its discretion monitor your use of the Website. Steadyhand collects, uses, discloses, and retains personal information in accordance with the Steadyhand Privacy Policy.
17. Ownership and Permitted Use of the Website
The Website and all content available on or through the Website are the property of Steadyhand and other persons, and are protected by Canadian and international copyright, trademark and other laws. The Website and its content are made available to you for your lawful, personal use only.
18. Steadyhand Records
Steadyhand's records are, unless proven to be wrong, conclusive evidence of your access to and use of the Website and the information and documents available on, through or in connection with the Website.
19. Trademark Information
Steadyhand and the Steadyhand Logo are trademarks, service marks and trade names owned or licensed by Steadyhand Investment Funds Inc. Any use of the Marks displayed on or in connection with the Website is strictly prohibited.
20. Other Sites
For your convenience, the Website may include links or references to other Internet sites or resources and businesses operated by other persons. Other Sites are independent from Steadyhand, and Steadyhand has no responsibility or liability for or control over Other Sites, their business, goods, services, or content.
21. No Linking, Framing, Mirroring, Scraping, Data-Mining or Postings
Links to the Website without the express written permission of Steadyhand are strictly prohibited. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited.
22. Unsolicited Submissions
Steadyhand does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product, service or business names.
23. Changes / Termination
Steadyhand may in its discretion and for its convenience at any time change, discontinue, modify, restrict, suspend or terminate the Website or any part of it without any notice or liability to you or any other person.
24. Governing Law and Dispute Resolution
These Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein without regard to conflict of law principles, and you hereby consent and submit to the jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to the Terms.
25. Other Matters
If any provision of this Agreement is determined to be unenforceable or invalid for any reason, then that provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s'y rapportent soient rediges en anglais.