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Terms and Conditions

Resilient Capital – Terms and Conditions of Use

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS, WHICH GOVERN YOUR USE OF THIS WEBSITE INCLUDING THE  PASSWORD-PROTECTED DEPOSITOR ACCESS WEBSITE (THE “WEBSITE”). YOUR USE OF THE WEBSITE WILL BE DEEMED TO CONSTITUTE YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEBSITE. YOU MAY PRINT OR DOWNLOAD A COPY OF THESE TERMS AND CONDITIONS AT ANY TIME.

These terms and conditions govern your access to and use of the Website and the content, information and services provided on or through the Website, They exempt Vancity, Vancouver Foundation and other persons from liability or limit their liability and contain other important provisions that you should read. Each time you use the Website, the most current version of these terms conditions will govern your use. Accordingly, when you use the Website you should check the date of these terms and conditions (which appears at the top of these terms and conditions and review any changes since the last version.

Resilient Capital™

The Vancity Group of Companies

Vancouver Foundation

Warranties and Limitation of Liability

Use of Online Banking Services Restricted

Availability of Products and Services

Changes to These Terms and Conditions

Seek Personalized Advice

Privacy and Security

Links to Third Party Sites

Use of Cookies

Resilient Capital

Resilient Capital™ is a contractual arrangement between Vancity and Vancouver Foundation.  Under the program Vancity provides financing to eligible businesses and offers Resilient Capital™ Term Deposits to eligible investors.  Resilient Capital™ is not a partnership, corporation or other legal entity.

The Vancity Group of Companies

For the purposes of these terms and conditions, the Vancity Group of Companies (the “Vancity Group” or simply, “Vancity”) is comprised of Vancouver City Savings Credit Union, and its past, present and future subsidiaries, affiliates and business partners, including Citizens Bank of Canada (“Citizens Bank”), Vancity Insurance Services Ltd., Vancity Investment Management Ltd., Vancity Enterprises Inc., Vancity Capital Corporation, and Vancity Community Foundation.

Vancouver Foundation

Vancouver Foundation is a British Columbia society, established in 1943 and incorporated through an act of the Provincial Legislature, the Vancouver Foundation Act (the Act), in 1950.  Vancouver  Foundation is registered with the Charities Division, Canada Revenue Agency, and is classified as a public foundation.

Use of the Website

The Website, including all webpages, content, sounds, software, images, site design, text, graphics, the arrangement thereof, and other data or information contained in the Website (the “Website Content”) is provided for informational purposes only.  You may view and print out web pages from the Website for personal, informational, and non-commercial use but may not otherwise copy, reproduce, modify, collect, republish, or catalogue any of the Website Content, without Vancity’s consent.  Except as expressly permitted by Vancity, you may not use the Website or the Website Content for commercial purposes.

Information regarding companies in which Vancity may invest under Resilient Capital™ has been obtained from the respective company as of the time posted.  Vancity assumes no obligations or liability for the accuracy or completeness of that information.  Vancity also assume no obligation to update that information in the event it becomes incorrect or to reflect events occurring after the information was posted.

You agree to use the information provided in the Website regarding any investee company solely for your own personal, non-commercial use and benefit, in connection with making or holding a Resilient Capital™ Term Deposit and not for any other purpose.  You agree not to sell transfer, distribute, dispose or share any such information in any manner or to permit such information to be used by or for the benefit of, any other person or entity.

The Website content is not intended for distribution to, or use by, any person or in any jurisdiction where such distribution or use would be contrary to local law or regulation.

Trade-mark and Copyright Notices

The Website Content is protected copyright and other intellectual property laws, and is owned or controlled by Vancity or the party credited as the provider of the Website Content.  VANCITY, VANCITY (Stylized), RESILIENT CAPITAL™, RESILIENT CAPITAL PROGRAM™, and all other distinguishing words, phrases, slogans, or logos relating to Vancity are trade-marks of Vancity, whether registered or unregistered, and may not be used without the prior written consent of Vancity. All other trade-marks, service marks, trade names and/or other marks referred to on the Website are the property of their respective owners

Restrictions on Use of the Website

Except as expressly provided in these terms and conditions, you may not use the Website to engage in any unlawful activity or to infringe Vancity’s or Vancouver Foundation’s rights.  You further agree that you will, and you will not allow your agents, to: (a) modify, republish, upload, post, transmit, sell or distribute in any way the Website Content, without the prior written permission of Vancity; (b) translate, reverse engineer, decompile, disassemble the Website Content; (c) remove any proprietary notices or labels on the Website Content; (d) violate, plagiarize or infringe on the rights of any third party, including copyright, trade-mark, privacy or publicity, contractor other personal or proprietary rights; (e) interfere with the operation of the Website, in any way or interfere with anyone’s use or enjoyment of the Website or use the Website to gain unauthorized access to other computer systems, including Vancity’s systems; (f) transmit any unlawful, harassing, libellous. defamatory, abusive, threatening, or harmful material of any kind or nature or transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law or regulation; (g) impersonate any person or entity on or through the Website; (i) copy, reproduce, modify, sell, lease, scrape content from or aggregate, sublicense, market, or otherwise change or commercially exploit in any way the Website other than as may be expressly permitted in writing by Vancity or as permitted pursuant to any fair dealing, or similar provisions of applicable laws. Any unauthorized use may subject you to liabilities under applicable laws.  You agree that any copy of the Website Content which you are permitted to make under these terms and conditions shall retain all copyright and other proprietary notices in the same form and manner as on the original.

Information regarding companies in which Vancity may invest under Resilient Capital™ has been obtained from the respective company as of the time posted.  Vancity assumes no obligations or liability for the accuracy or completeness of that information.  Vancity also assume no obligation to update that information in the event it becomes incorrect or to reflect events occurring after the information was posted.

You agree to use the information provided in the Website regarding any investee company solely for your own personal, non-commercial use and benefit, in connection with making or holding a Resilient Capital™ Term Deposit and not for any other purpose.  You agree not to sell transfer, distribute, dispose or share any such information in any manner or to permit such information to be used by or for the benefit of, any other person or entity.

Warranty Disclaimers and Limitation of Liability

The Website content provided on the Website are provided “as is” without any warranty.  Vancity uses reasonable efforts to furnish accurate and up-to-date information on the Website; it does not, however, warrant to the accuracy, adequacy, timeliness or completeness of the Website Content. Rates, fees and other information is subject to change by Vancity at any time without notice o users and the posted rates and fees on the site may not immediately reflect such changes.

VANCITY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THE CONTENT AS PROVIDED ON THIS WEBSITE INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS AND WARRANTIES REGARDING THE SUITABILITY OF ANY PRODUCT OR SERVICE TO YOU, CURRENCY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, AND TIMELINES OF ANY PRODUCT OR SERVICE.  VANCITY DOES NOT WARRANT THAT THE WEBSITE ITS SERVERS, THE WEBSITE CONTENT, AND ANY COMMUNICATIONS FROM THE WEBSITE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

Your use of the Website is at your own risk.  In no event will Vancity, Vancouver Foundation, their respective representatives, suppliers or agents, and the other parties involved in creating and delivering the Website’s contents be liable for any damages, losses or expenses of any kind arising from or in connection with the Website or its use or any person’s inability to use the site, or in connection with any failure of performance, error, omission, interruption, defect delay in operation or transmission, computer virus or line or system failure, loss of data or otherwise, even if Vancity, Vancouver Foundation or their respective representatives, suppliers or agents are advised of the possibility of such damages, losses or expenses.

YOU AGREE THAT VANCITY, VANCOUVER FOUNDATION AND THEIR RESPECTIVE SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS LlCENSORS AND LICENSEES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER AND HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF THE WEBSITE OR IN RELIANCE OF THE CONTENT AVAILABLE ON THE WEBSITE, INCLUDING ANY BUSINESS INTERRUPTION, LOSS OF USE, LOST DATA, LOST PROFITS OR ANY OTHER PECUNIARY LOSS, WHETHER IN ACTION OF CONTROL, CIVIL LIABILITY, NEGLIGENCE OR OTHER TORTUOUS ACTION, EVEN IF VANClTY OR THE VANCOUVER FOUNDATION HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.

No endorsement of any third party products, services or information is made or implied by any information, material or content referenced or included on. or linked from or to the Website

Indemnity

You agree to indemnify, defend and hold harmless Vancity, Vancouver Foundation and their respective subsidiaries, affiliates, directors, officers, employees, representatives, agents, licensors and licensees, from any costs, charges, expenses, claims, demands or damages including reasonable attorney’s fees, due to or arising out of your breach of these terms and conditions, your misuse of the Website or your violation of any law or the rights of a third party.  Vancity reserves the right at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall cooperate as fully as reasonably required in the defense of any such claim.

Availability of Products and Services

Products and services of Vancity referenced or included on the Website are generally available only in British Columbia.  These products and services are not intended for or available to persons resident or located elsewhere.  Vancity’s products and services may be available in other provinces in accordance with provincial laws.  Vancity reserves the right to make the final determination on whether or not you are eligible for any particular product or service, including a loan or financing under Resilient Capital™ or to make a Resilient Capital™ Term Deposit.

Changes to these Terms and Conditions

In its discretion, Vancity may supplement or change these terms and conditions from time to time, for any reason and without any prior notice or liability to you by posting revised terms and conditions on the Website Each time you use the Website, you should check the date of these terms and conditions (which appears at the top of these terms and conditions) and review any changes since the last version- By using the Website after these terms and conditions have been revised, you accept and agree to be bound by the revised terms and conditions.  If you do not agree with each provision of the revised terms and conditions you may not use the Website. You may not supplement or change these terms and conditions in any way.

Seek Personalized Advice

The Website is for information or general illustrative purposes only.  The Website is not guaranteed to be accurate, complete, or timely.  Nor is it intended to provide comprehensive, detailed or personalized source of information about finance, investment, or financial planning issues, products or services.  You should seek your own personalized advice from qualified professionals before making any investment or financial planning decisions based upon any information provided on or through the Website, including the making or holding of a Resilient Capital™ Term Deposit.

All Vancity products and services are subject to the terms and conditions of the applicable agreements governing their use.  To the extent there are any inconsistencies or conflicts between these terms and conditions and the applicable agreements for Vancity products and services, the applicable agreements will govern.

Privacy and Security

Vancity uses data encryption and firewalls to maintain the security of the information it receives through the Website Nevertheless, security and privacy risks cannot be eliminated- In order to protect your own security, you must access and use the Website using commercially available browser software (such as a current version of Internet ExplorerTM or Mozilla FireFox) that provides 128‑bit encryption and SSL (Secure Sockets Layer) technology, and avoid using your browser software’s “save password” feature.  Once you have initiated a session in connection with the Website, you must not leave the computer from which you have accessed the Website unless and until you have terminated the session and logged off the Website.  When you complete a session, you are responsible for clearing your browsers cache or temporary internet files to ensure your personal information is not accessible to others.

Vancity collects, uses, and discloses your personal information in accordance with the Privacy Policy of the Website.  The Privacy Policy is incorporated into these terms and conditions and is available at https://www.vancity.com/Legal.  By providing personal information to Vancity through the Website, you consent to the use of personal information in accordance with the Privacy Policy.

The Internet is not a secure or confidential means of communication, and the privacy, integrity, or authenticity of any communication over the Internet may be comprised, unless properly encrypted.  Consequently, Vancity discourages the use of Internet means (including by email) without proper encryption to send personal, confidential, or financial information to Vancity. Persons that use the Internet or email to communicate personal, confidential or financial

information without proper encryption do so at their own risk, and Vancity will not be responsible or liable to you or any other person for any loss or damage suffered as a result of such of the Internet to communicate with Vancity, or the use of e-mail by Vancity to communicate with you or other persons at your request.

For more information, please visit https://www.vancity.com/Legal.

Accounts, User Names and Further Access

As part of the registration and account creation process necessary to obtain access to certain portions of the Website, including information regarding your Resilient Capital™ account companies participating in the Resilient Capital™, you will select a username and a password.  You will provide Vancity with certain registration information, all of which must be accurate and truthful at all times.  You will not. (i) select a username already used by another person; (ii) use a username in which another person has rights without such person’s authorization; or (iii) use a username or password that Vancity, in our sole discretion, deem offensive or inappropriate.  Vancity reserves the right to deny creation of your account based on Vancity’s inability to verify the authenticity of your registration information. You are solely responsible for maintaining the confidentiality of your username and password and for all usage and activity on your account, whether authorized or unauthorized.  You will immediately notify Vancity of any known or suspected unauthorized use of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.

Links to Third Party Sites

The Website may contain images of and links to third party Websites (“Linked Sites”).  The Linked Sites are not under the control of Vancity and Vancity is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  Vancity is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Vancity responsible if the Linked Site is not working appropriately.  Vancity is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Vancity of the site or any association with its operators.  You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings that you have with third parties (including advertisers) using any Linked Sites, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and the third party.  Vancity shall not be responsible or liable in any way for any part of such dealings.  Any collection use or disclosure of your personal information by the third party will be governed exclusively by the third party’s privacy policy and any consent or agreement between you and the third party relating to such collection, use or disclosure.

Additional terms and conditions that pertain to the use of a specific Linked Site will be disclosed to you, from time to time, on the Website in the form of a notice accompanying the link to such a site.  Such notices form part of these terms and conditions and by accessing a Linked Site to which such a notice applies, you agree to be bound by the additional terms and conditions contained in the notice.

Use of Cookies

In order to provide better service, Vancity will occasionally use “cookies”.  A cookie is a small piece of information which a website stores on your computer and can later be retrieved by the browser.  The cookie cannot be read by a website other than the one that set the cookie. Vancity uses cookies for a number of administrative purposes.  They let Vancity store information that you have already told Vancity, so that Vancity will not have to ask you again.  They also allow Vancity to measure what parts of the Website members and users prefer to see, and what parts are less popular.  Most cookies last only through a single session, or visit. None will contain information that will enable anyone to contact you via telephone, e-mail, or regular mail.  You can set up your web browser to inform you when cookies are set or to prevent cookies from being set.

Vancity’s Online Banking system uses cookies, as a security measure, to maintain a connection with you.  If you set your browser to prevent cookies, you will not be able to access Vancity Online Banking.

General

Vancity is solely responsible for the content of this Website.  Vancity controls the Website from Vancouver, British Columbia, Canada.  These terms and conditions and your use of the Website shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without reference to any choice of law or conflict of law principles.  Any dispute arising under these terms and conditions shall be resolved exclusively by the courts located in Vancouver in the province of British Columbia. You agree not to bring any legal action against Vancity in any jurisdiction except the Province of British Columbia and you shall submit and consent to such jurisdiction. If any provision of these terms and conditions shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions.