TERMS OF ACCESS FOR ONLINE ACCOUNTS


You have requested that we activate an account for you to view your contracts and other documents with us on our website.  You understand, acknowledge and agree that all of the requirements set out below are mandatory to your use of an account assigned to you on our website.  If you do not agree with any of these requirements, do not activate or use an account on our website.  By requesting such an account, and thereafter, each time you access your account on our website by using your secure customer login and confidential password (your “account credentials”), you are representing to, and agreeing with, Richardson (also referred to as “we”, “us” or “our”) that:

  1. (Truth of Your Representations) - you are the grower delivering or contracting to deliver grain to one or more of our Ag Business Centres and to whom we have assigned the account credentials, and that all information provided to us by you (including in any application form or account opening documentation delivered to us by you or in any fillable form completed by you on our website) is and will be true, correct and complete in all respects and at all times and that you will notify us promptly if any of that information changes. You agree that each time you log into your account, you will verify your account information, including your contact details and our Ag Business Centre designated as your local elevator, and will notify us promptly if any of the account information is incomplete or inaccurate.

  2. (Your Consent to Electronic Communications) - you understand that you will have the ability to receive contracts and other documents (each, a “Richardson Document” and collectively, “Richardson Documents”) from us by e-mail, other electronic communications or by accessing your account on our website using your secure account credentials. You consent to your receipt of Richardson Documents electronically from us and to your receipt of emails, or other electronic communications, from us in relation to Richardson Documents. You acknowledge that these electronic communications are for the purpose of facilitating, completing, confirming and/or executing existing agreements, new agreements and renewal agreements between us. During the term of any such agreement, you acknowledge that any further electronic communications are business to business communications for the purposes of the facilitation and administration of contracts between us and you consent to same. You acknowledge that you may withdraw this consent at any time by giving us notice in writing of your request to terminate your account credentials, but that no such withdrawal of consent is effective until we have received and processed your request.

  3. (Personal Information Acknowledgment) - you acknowledge and agree that Richardson Documents may contain personal information about you. You further acknowledge and agree that this personal information may be collected, used and disclosed as outlined herein or as otherwise consistent with the purpose of the Richardson Document.

  4. (Confirmation of Your Agreement to our Website Terms of Use and Privacy Policy) - you have read, understand and agree to all of the general terms and conditions of use of our website and our Privacy Policy (available for review at http://www.richardson.ca/legal) (the “Website Terms of Use and Privacy Policy”), all of which apply when accessing and using your account on our website. If there is any inconsistency between the provisions of the general terms and conditions of use of our website, our privacy policy and this document, the provisions of this document shall prevail to the extent of any inconsistency to govern the use of your account and account credentials.

  5. (Security of Account Credentials is Your Responsibility) - you understand that access to our website is provided by way of the account number assigned to you by us and the confidential password you establish for your account number (your account credentials), and therefore, that knowledge of your account credentials by any other person may result in that person being able to access your account information on our website (including Richardson Documents posted to your account). We are expressly authorized by you to allow access to your account on our website to, and (where you have requested and been granted the right to sign Richardson Documents electronically) to accept Electronic Signatures from, anyone using your account credentials. We are entitled to assume without enquiry that anyone accessing your account with your account credentials is you or has been authorized by you to carry out these actions, including, where you have requested and been granted such right, any Electronic Signatures on Richardson Documents effected on your account. You understand and agree that maintenance of the security of access to your account on our website (including the strict confidentiality of your account credentials) is your sole responsibility. You agree to maintain reasonable and appropriate security precautions, including without limitation, ensuring that your account credentials are known only to you and to persons specifically authorized by you to access and use your account, and are not made available to any other person, and changing your password as needed to preclude any other person from accessing your account on our website. You agree to give us immediate notice of any unauthorized access to your account or to your account credentials by email to corporateaffairs@richardson.ca. You also agree that you will not access or try to access restricted areas of our computer system or perform or try to perform functions that are not authorized. If we reasonably suspect that you are doing so or that you are using your account credentials or our website in any inappropriate manner, we may, without notice and without prejudice to any other remedies available to us, suspend or terminate access to your account on our website. Your account credentials remain our sole property and may be suspended or terminated by us at any time without notice or liability to you or to any other person.

  6. (Your Indemnity) - In addition to the general limitations of liability and indemnities contained in our Website Terms of Use and Privacy Policy, all of which also apply, you specifically agree to indemnify and hold harmless Richardson and all of its subsidiaries and affiliates, and their respective directors, officers, employees and agents, from and against any and all claims, losses, liabilities and costs (including reasonable legal fees and expenses) incurred by Richardson or by any subsidiary or affiliate thereof, or by you, arising out of or in respect of any unauthorized use of your account accessed by your account credentials.

  7. (Hardware / Software / Internet Requirements - you are solely responsible at your own cost to ensure that you have the necessary hardware, operating system, software, internet browser and access to internet necessary to use your account on our website. This includes, without limitation, Adobe Acrobat Reader or equivalent for PDF files.

  8. (Transmission of Data and Information - you understand that data and information transmitted over the Internet can be lost or subject to errors that result in it not arriving exactly in the form it was sent or intended to arrive in. We are not responsible in any manner for direct, indirect, special or consequential damages, howsoever caused, arising out of your use of our website, including any damages you may suffer if you transmit confidential or sensitive information to us or if we communicate such information to you over the Internet. You acknowledge and accept that our website may be unavailable from time to time due to maintenance or unanticipated circumstances. We will not be responsible or liable for any loss, error or transmission or communication failure.

  9. (Language) You acknowledge that access to your account, and the website is in English only. You have expressly agreed that this Agreement and all related documents be drafted in English. Vous avez expressément requis que les présentes et tout document y affèrent soient rédigés en langue anglaise.