Terms of Use

AGREEMENT ON TERMS OF USE

 

SALE OF PRODUCTS WHERE PROHIBITED

All information found within this website does not constitute a solicitation to transact business in any way. This communication is directed only to those persons resident in the jurisdiction(s) in which Western Pacific Trust Company (WPT) is permitted to transact business in accordance with securities and other regulatory authorities.

NO ADVICE

The information found within this website is provided on the understanding that WPT is not providing legal, financial, accounting or taxation advice. As such, it should not be used or relied upon as a substitute for consultation with professional legal, financial accounting or taxation advisors.

COPYRIGHTS AND TERMS OF USE

© COPYRIGHT 2004-2005, Western Pacific Trust Company ALL RIGHTS RESERVED.

All material on this site, including, but not limited to images, illustrations, audio clips, and video clips (collectively the “Material”) is protected by copyrights owned or controlled by Western Pacific Trust Company.

UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL IS PROHIBITED.

Your use of this site constitutes your agreement to abide by these Terms of Use. Western Pacific Trust Company, as well as their agents and assignees, as applicable, reserve the right, in their sole discretion, to modify, alter or otherwise update these Terms of Use at any time and you agree to be bound by such modifications, alterations or updates. You agree to review these Terms of Use on a periodic basis.

Western Pacific Trust Company hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for home, noncommercial and personal use only, one copy of any material and/or software that you may download from this site, including, but not limited to, any files, codes, audio or images incorporated in or generated by the software (collectively the “Downloaded Material”) provided, however, that you must maintain all copyright and other notices contained in such Downloaded Material.

You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license or the Downloaded Material and that no title to the Downloaded Material has been or will be transferred to you from Western Pacific Trust Company. or anyone else. You also agree that you will not alter, disassemble, decompile, reverse engineer or otherwise modify the Downloaded Material.

LINKED SITES

Links to or from web-sites outside WPT site, including downloadable software sites, are provided to the User for convenience only. Western Pacific Trust Company does not review, endorse, approve or control and is not responsible for any web-site linked to or from the Web-site, including the content of those web-sites or the third parties associated with those web-sites.

If the User links to any other web-site from the Web-site, the User does so at its sole risk.
If the User elects to download software applications from such web-sites, the User acknowledges that this Agreement is not applicable to the use of any such software as the terms of the licence agreement, if any, which accompanies that software governs its use.

DISCLAIMERS AND LIMITATIONS ON LIABILITY

Western Pacific Trust Company is not responsible or liable for any infections or contamination of your system or delays, inaccuracies, errors, or omissions arising out of your use of this site or with respect to the Material contained on this site. This site and all Materials contained on it are distributed and transmitted “as is” without warranties of any kind, either expressed or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you.

Western Pacific Trust Company is not responsible for any special, indirect, incidental, or consequential damages that may result from the use of, or the inability to use, the materials contained on this site whether the material is provided or otherwise supplied by Western Pacific Trust Company or anyone else. Notwithstanding the foregoing, in no event shall Western Pacific Trust Company total liability to you for any and all claims, damages, losses, and causes of action (whether in contract or otherwise) exceed the amount paid by you, if any, for accessing this site.

OTHER

This site is controlled and operated by Western Pacific Trust Company from Vancouver, British Columbia, Canada. Western Pacific Trust Company makes no representations that materials in this site are appropriate or available for use in other locations. Those who choose to access this site from other countries do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.

This agreement shall be governed by, construed and enforced in accordance with the laws of the Province of British Columbia, as it is applied to agreements entered into and to be performed entirely within such Province.

Any action you bring to enforce this agreement or any matters related to this site shall be brought in either the Province or Federal Courts located in Vancouver, British Columbia. If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.

EXTRANET ACCESS

The extranet portion of this site is operated by Western Pacific Trust Company. Access to the extranet portion of this site is under the agreement listed below. The parties to this Agreement will be Western Pacific Trust Company and an individual or organization referred to in this Agreement as the “User”.

If you have any questions or concerns about these terms and conditions, please contact Western Pacific Trust Company via the contact page.

DEEMED ACCEPTANCE OF THIS AGREEMENT

Western Pacific Trust Company is willing to provide the user access to the WPT site only on the terms and conditions set out below, unless it otherwise agrees in writing.

If the User selects the acceptance button at the bottom of these Terms, the User accepts and agrees to be bound by these Terms. If you do not agree to these Terms, do not choose the acceptance button.

USER OBLIGATIONS

The User shall:
provide Western Pacific Trust Company with accurate and complete information as requested in and submitted through a web-based questionnaire to complete the User Profile;

notify Western Pacific Trust Company of any change in the information provided to Western Pacific Trust Company or of any misuse or potential misuse of the WPT site Trusted User Identification or User Profile within ten (10) days of such changes or information becoming known to the User;

USER ACKNOWLEDGEMENTS AND COVENANTS

The User hereby:

consents to Western Pacific Trust Company using and storing any information the User provides to Western Pacific Trust Company to fulfill the purposes of this Agreement;
acknowledges and agrees that Western Pacific Trust Company has the right, but not the obligation, to validate any information the User discloses to Western Pacific Trust Company;
acknowledges and agrees that the establishment of a User Account and User Profile does not entitle the User to use any other software application or service. If the User wish to obtain access to any other software application or service, the User must enter into a separate agreement with the respective software application or service provider. In particular, the User acknowledges and agrees that the User is solely responsible to ensure that the software applications or services are suitable for the User’s needs and that each of the software applications or service providers has agreed to deal with the User’s personal information in a manner acceptable to the User;
covenants that all information the User provides to Western Pacific Trust Company under this Agreement, including any statements made verifying the identity of staff is true, will be accurate and complete;
covenants to take all reasonable steps to preclude any third party access to any confidential User Profile information or the Western Pacific Trust Company Trusted User Identification. Such reasonable steps include, but are not limited to,
maintaining in strict confidence any password that limits access to Western Pacific Trust Company software applications or is used to establish the User’s identity in communications with Western Pacific Trust Company;
restricting access to the computer on which it is installed; and
ensuring any such software application is turned off when not in use or in attendance by the User.
acknowledges and agrees that Western Pacific Trust Company, in its sole discretion, may:

refuse to establish a User Profile and/or User Account, or
cancel the User Account and/or access to WPT site, if it determines that WPT site have been or may be misused by the User or any third party who has obtained access to the User’s WPT site Trusted User Identification;
The User hereby confirms that the User is not a minor. If the User permits a minor to use WPT site, the User hereby warrants and represents to Western Pacific Trust Company that the minor has the User’s consent and/or parental or guardian consent to do so.

Western Pacific Trust Company OBLIGATIONS

Western Pacific Trust Company shall:

if being satisfied upon a review of the information submitted by the User, establish a User Account and a User Profile;
provide the User with the WPT site Trusted User Identification to enable the User to access {web site name} extranet;
provide the User with information from time to time regarding the software applications and services of Western Pacific Trust Company associated suppliers;
and subject to the terms of this Agreement, protect any information that the User provides in a manner consistent with the applicable legislation and in accordance with the Western Pacific Trust Company Protection of Privacy policies as amended from time to time which are available for review on the Web-site.

OWNERSHIP

Western Pacific Trust Company Services are proprietary to Western Pacific Trust Company and its suppliers and nothing in this Agreement transfers any right, title or ownership of any intellectual property rights therein. If Western Pacific Trust Company establishes a User Account and provides the User with WPT site Trusted User Identification, Western Pacific Trust Company grants the User a limited, non-exclusive, non-transferable, and revocable right to use and access WPT site solely to the extent necessary to enable the User to fulfill the User’s obligations and access WPT site under this Agreement.

The User acknowledges the ownership of Western Pacific Trust Company to WPT site and shall not reproduce, decompile, disassemble, or reverse engineer any item of WPT site or make any attempt whatsoever to do so.

NO REPRESENTATIONS OR WARRANTIES

Western Pacific Trust Company and its officers, directors, employees or agents provide WPT site strictly on an “as is” basis.

Western Pacific Trust Company does not make any representations or warranties, either express or implied, with respect to WPT site, including but not limited to:

the condition of the software applications;
whether the version of the applications are current; or
the availability, completeness, usefulness, accuracy, operation or fitness of the applications or WPT site services.

Western Pacific Trust Company does not represent or warrant that WPT site will be available to meet the User’s requirements, or that there will be no delays, failures, errors or omissions

NO ENDORSEMENTS

Western Pacific Trust Company does not provide an endorsement of or approval of the advice, opinions, information, products or services of any third parties noted on the Web-site.

INTERNET E-MAIL

As with communication via any medium, any unprotected e-mail communication via the Internet is not confidential and subject to possible interception, loss or alteration. Western Pacific Trust Company is not responsible for and will not be liable to the User or anyone else for any damages in connection with an e-mail sent by the User to Western Pacific Trust Company or an e-mail sent by Western Pacific Trust Company to the User or anyone else at the User’s request.

LIMITATION OF LIABILITY

This Article eliminates any and all liability of Western Pacific Trust Company and requires the User to assume the full risk relating to any use of this Web-site. Please read this article carefully.

Western Pacific Trust Company is not responsible for and will not be liable for any damages whatsoever, including but not limited to direct, indirect, consequential, incidental, exemplary, special or punitive damages, arising out of or in connection with the use of WPT site by the User or any action or decision made by the User in reliance on {web site name}, or any other person relying on information generated by the User from WPT site even if Western Pacific Trust Company has been advised of the possibility of such damages.

If the User is dissatisfied with WPT site, the User’s sole remedy shall be to terminate the Agreement and discontinue using WPT site

INDEMNITY

The User agrees to indemnify and save harmless any of the Indemnified Parties for any costs (including settlement and legal or other professional fees), damages, expenses, losses, and liability that they incur as a result of any claim, suit, action or other proceeding brought against any of the Indemnified Parties, that is based on or arises from the User’s intentional misuse of WPT site, or the negligent acts, errors, or omissions of the User that enable a third party to misuse, or to continue to misuse, a Digital Signature, WPT site Trusted User Identification, a User Account or information recorded in a User Profile.

FEES

Western Pacific Trust Company reserves the right to charge a fee for the WPT site. Unless there is a prior written agreement to the contrary.

FUTURE AMENDMENT OF TERMS

The User acknowledges that Western Pacific Trust Company may modify the terms and conditions of this Agreement in its sole discretion at any time by posting a revised version of the Agreement on the Web-site or otherwise making the revisions available for the User’s review together with reasonable notification to the User.

TERMINATION

The User may terminate this Agreement simply by discontinuing use of WPT site or by providing notice of its intention to discontinue use. The User will pay all unpaid WPT site Service Fees within thirty (30) days of termination.

Western Pacific Trust Company may terminate this Agreement immediately without any notice of its decision to terminate. Western Pacific Trust Company may, in good faith, provide the User notice of its intention to treat the Agreement as terminated by providing a description of the nature of the breach.

NOTICE

Any notice required or permitted to be given under this Agreement shall be in writing and shall be effective upon its delivery by courier or delivery by electronic mail to the last civic address or e-mail address provided by the recipient to the other party.

SURVIVAL

The User acknowledges, covenants and agrees that due to the proprietary nature of the Western Pacific Trust Company Services, the provisions of this Agreement, including, without limiting the generality of the foregoing, the Limitation of Liability and Indemnity Provisions, will continue in full force and effect notwithstanding the termination of this Agreement by either Western Pacific Trust Company or the User.

ASSIGNMENT

The User will not assign this Agreement, either directly or indirectly, without the prior written consent of Western Pacific Trust Company.

No subcontract entered into by the User with any third party will:

relieve the User of the obligations under this Agreement; or
create any obligation or liability to any such subcontractor upon Western Pacific Trust Company.

GOVERNING LAW

This Agreement shall be governed by and interpreted in accordance with the laws of British Columbia.

SEVERABILITY

If a court of competent jurisdiction concludes that any provision of this Agreement is illegal, invalid or unenforceable, then it shall be severed from this Agreement and the remaining provisions shall remain in full force and effect.

ENUREMENT

The Agreement will be for the benefit of and binding upon the heirs, executors, representatives, administrators, successors and permitted assigns of the User.

Copyright 2005, Western Pacific Trust Company.