Terms & Conditions
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PURPOSE
Cana Management Associates Ltd. has created a restricted-access secure site whose use is governed by this agreement. This secure site allows users to access client specific documents.
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DEFINITIONS
User: A member or resident of the Co-op, as designated by the Co-op, and who requests and is granted access to the secure site for clients of Cana Management Associates Ltd.
Secure Site: The secure, restricted-access website owned by Cana Management Associates Ltd.
Co-op: The housing co-operative client of Cana Management Associates Ltd. as indicated below or on behalf of which this agreement is executed.
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USE
Users agree to respect the rules of use and other legal provisions related to the secure site and described in the appropriate section on the secure site. The rules of use and other legal provisions may be changed from time to time by Cana Management Associates Ltd.. A notice to this effect will appear to users the next time they access the secure site. To continue using the site, they will need to accept the new version.
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ACCESS
- Users must register to obtain a user ID and password in order to access the secure site.
- Users acknowledge that the use of their user ID and password constitutes sufficient proof of their identity and consent.
- Access to the secure site is a non-exclusive and non-transferable privilege granted to users by Cana Management Associates Ltd.
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RESPONSIBILITIES
- Users are responsible for any authorized or unauthorized actions taken while logged on using their User ID and password. The User ID and password must not be disclosed under any circumstances to a third party, even temporarily.
- Users must advise Cana Management Associates Ltd. immediately of any malfunction, anomaly or event that could endanger the security of the secure site or if they have lost their user ID or password.
- All Co-op specific documents/files which may require updates, the Co-op must provide revised (written) documents to Cana Management Associates Ltd, which then agrees to update the website within 30 days.
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CONFIDENTIALITY OF INFORMATION
- Users recognize how valuable the confidential information on the secure site is to Cana Management Associates Ltd. and acknowledge the rights of ownership of Cana Management Associates Ltd.
- Users are obligated not to use the confidential information held by Cana Management Associates Ltd. to which they have access through the secure site for their personal benefit and to keep it confidential.
- Without limiting the generality of the foregoing, users must:
- not disclose any confidential information to third parties.
- take and apply appropriate security measures to ensure the confidential nature of the information in their possession.
- Users are liable for any damages caused to Cana Management Associates Ltd. if they breach the confidentiality requirements and undertake to carry out all necessary measures to remedy any such breach.
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INDEMNIFICATION
Users and the Co-op here by indemnify and hold harmless Cana Management Associates Ltd., its subsidiaries, officers, representatives and employees, as well as any person acting through or for them, and to defend them against claims, losses, liabilities, damages, fines, penalties, third-party payments, costs and expenses related to the following and incurred by Cana Management Associates Ltd. or resulting from the following:
- any failure of Users to comply with this agreement; and
- any error or omission by Users using the information obtained.
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ACCESS TERMINATION
Cana Management Associates Ltd. may immediately and without notice stop providing access to the secure site in the event of a breach of the confidentiality requirements, without prejudice to all its other rights and recourses with respect to indemnification for any monetary damages actually sustained.
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TERMINATION OF THE AGREEMENT
This agreement is terminated by right, without notice or demand, if the USER fails to comply with this agreement. If such a termination occurs, users undertake to destroy any confidential information they have.
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INTELLECTUAL PROPERTY
Users recognize that the secure site, in particular but not limited to its contents, appearance, operation, trademarks or any other intellectual property right it contains, is the exclusive property of Cana Management Associates Ltd.
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LEGISLATION AND JURISDICTION
This agreement is governed by the laws of British Columbia. The parties agree to submit any current or future litigation among them to the exclusive jurisdiction of the said province.
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EFFECTIVE DATE
The terms of this agreement take effect on the date that the users accept the agreement.