These terms (the "Terms") govern your use of the Canadian websites (the "Websites") operated by Phillips, Hager & North Investment Funds Ltd. If you access and use the Websites, you accept and agree to be bound by and comply with the Terms and any specific legal notices in the footers of the Websites.
Phillips, Hager & North Investment Funds Ltd. is an indirect subsidiary of Royal Bank of Canada ("Royal Bank"). All subsidiaries of Royal Bank, including Phillips, Hager & North Investment Funds Ltd., are individually referred to in these Terms as "RBC Company" and collectively referred to as the "RBC Companies". Phillips, Hager & North Investment Funds Ltd. carries on business as PH&N Investment Services and is referred to in these Terms as "PH&N Investment Services".
The Terms are to be read by you together with any terms, conditions or disclaimers provided in the other pages of the Websites (the "Page Disclaimers"). In the event of any conflict between the Terms and the Page Disclaimers, the Page Disclaimers will govern.
All products and services of PH&N Investment Services that are described, made available or provided on the Websites may be changed or withdrawn at any time without notice and are subject to the terms and conditions of the applicable agreements governing their use in force at the time of the provision of the product or service, in addition to the Terms and Page Disclaimers. In the event that the Terms or Page Disclaimers are inconsistent with the terms of any agreement that you or your organization may have with PH&N Investment Services, the terms of that agreement will govern.
The information, material and content provided in the pages of the Websites, including pricing information, (the "Information") is believed to be reliable when posted, but there is no guarantee that it is accurate, complete or current at all times. Without limiting the generality of the foregoing, the Information may include technical inaccuracies and typographical errors. PH&N Investment Services and its officers, directors, employees and agents have no obligation to update the Information. The Information or the Websites may be changed, withdrawn or terminated at any time without notice.
Changes may be made to the Terms at any time without notice by updating this posting. You agree to review the Terms regularly, and your continued access or use of the Websites will mean that you agree to any changes.
Any submission by you of an application, instruction or other request is subject to acceptance by PH&N Investment Services and can be declined by PH&N Investment Services.
Local laws; export control
It is important to note that not all of the products, services and Information made available or provided on the Websites are available in all jurisdictions outside of Canada. In addition, the Information does not constitute an offer or solicitation to buy or sell any currency, investment fund or other product, service or information to anyone in any jurisdiction in which an offer or solicitation is not authorized or cannot legally be made, or to any person to whom it is unlawful to make an offer or solicitation. For information specific to any jurisdiction outside of Canada, please contact your financial advisor.
Please be aware of the laws of your country or that otherwise apply to you in relation to any of the matters described in the pages of the Websites. If you choose to access the Websites, you do so on your own initiative and are responsible for compliance with applicable local, national or international laws.
You may not use, export or re-export the Information or any copy or adaptation thereof in violation of any applicable laws or regulations, including export laws and regulations of Canada in force from time to time.
Not offering any advice
The Information is for informational purposes only and is not intended to provide specific financial, investment, tax, legal, accounting or other advice to you, and should not be acted or relied upon in that regard without seeking the advice of a professional. Your advisor can help to ensure that your own circumstances have been properly considered and any action is taken on the latest available information.
PH&N Investment Services provides the Websites and the Information on an "as is, where is" basis and does not make any express or implied warranties, representations, or endorsements with respect to the Websites or the Information, including without limitation, warranties as to merchantability, operation, non-infringement, usefulness, completeness, accuracy, currency, reliability and fitness for a particular purpose. Further, PH&N Investment Services does not represent or warrant that the Websites will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, difficulties in use, defects, incompatibility, failures, errors, omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for taking protection and backup of data and/or equipment and for taking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
Trademarks and copyrights
Certain names, words, titles, phrases, logos, icons, graphics or designs, or other content on the Websites are trademarks or trade names owned by Royal Bank or an RBC Company. RBC Companies are licensed to use the trademarks owned by Royal Bank.
Many of the trademarks displayed on the Websites are distinguished from one another and accompanied, at first use, with the appropriate trademark symbol: ®/TM/‡. When the trademark symbol ® is used, it refers to a registered trademark of Royal Bank. All other trademarks of Royal Bank are marked with the TM symbol. Whenever the ‡ symbol is used, it denotes a trademark which is the property of its respective owner. Alternate symbols such as ** or † may have also been used to denote a trademark which is the property of its respective owner.
Without limiting the generality of the foregoing, trademarks owned by Royal Bank include the following: ROYAL, ROYAL BANK, RBC, ROYAL BANK OF CANADA, RBC GLOBAL ASSET MANAGEMENT, RBC PHILLIPS, HAGER & NORTH INVESTMENT COUNSEL and PH&N INVESTMENT SERVICES
Nothing on the Websites shall be construed as conferring any license of any intellectual property rights, whether by estoppel, implication or otherwise. The Information is for your personal use, provided such use includes a reference to the respective copyright and/or trademark notice or attribution as denoted on the pages copied. The Information may not otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of Royal Bank or PH&N Investment Services. The Information is protected under the copyright laws of Canada and other countries. Any unauthorized downloading, re-transmission, or other copying or modification of trademarks and/or the contents of the Websites may be a violation of federal or other law that may apply to trademarks and/or copyrights, and such actions could be subject to legal action.
Information provided by you
You agree that any information or materials that you provide to PH&N Investment Services through any of its Websites shall become the sole property of PH&N Investment Services, and may be used freely by PH&N Investment Services, Royal Bank and any other RBC Company.
Any unprotected email communication over the Internet is, as with communication via other mediums (e.g. cellular phones, post office mail), not secure or confidential, subject to possible interception or loss, and possible alteration. You should not send any confidential, proprietary or sensitive information via these media. PH&N Investment Services is not responsible for and will not be liable to you or any one else for any damages in connection with an email or text message sent by you to PH&N Investment Services, or an email or text message sent by PH&N Investment Services to you.
No endorsements No endorsement or approval of any third party or its advice, opinions, information, products or services is expressed or implied by any Information.
Royal Bank and the other RBC Companies (including PH&N Investment Services), are not responsible, and will not be liable to you or anyone else, for any damages whatsoever and howsoever caused (including direct, indirect, incidental, special, consequential, exemplary or punitive damages) arising out of or in connection with the Websites or the Information, or your ability or inability to access or use the Websites or the Information, or any action or decision made by you in reliance on the Websites or the Information, or any errors in or omissions from the Websites or the Information, or any unauthorized use or reproduction of the Websites or the Information, even if Royal Bank or the RBC Company have been advised of the possibility of these damages.
The Websites include links between the Websites. The Websites are operated by PH&N Investment Services, as specifically disclosed in the footers of the Websites. The Websites may also include links to and from other websites operated inside or outside of Canada by Royal Bank or other RBC Companies, as specifically disclosed on those sites.
Links from or to websites, including links to the Websites, are for convenience only. With the exception of websites of Royal Bank and the RBC Companies, Royal Bank and the RBC Companies do not review or control, and are not responsible for, any websites linked from or to the Websites, the content of those websites, the privacy practices of those websites, the third parties named therein, or their products or services. Linking to any other website is at your sole risk and Royal Bank and the RBC Companies will not be responsible or liable for any damages in connection with such linking. In addition, Royal Bank and the RBC Companies do not endorse or approve of any websites linked from or to the Websites, except for websites of Royal Bank or the RBC Companies.
You may not gather, extract, reproduce and/or display on any other website or other online service, any material on or from the Websites of any Royal Bank or other RBC Company website, whether or not by the use of spiders or other 'screen scraping' software or system used to extract data without the express consent of PH&N Investment Services, Royal Bank or the applicable RBC Company.
If you download any software, we are not responsible or liable for any difficulties or consequences associated with downloading such software. The use of any downloaded software is governed by the terms of the applicable license agreement, if any, which accompanies such software or is provided with such software or herein.
The following terms apply if you download a software application that PH&N Investment Services offers to access any services, features, functionality, content and/or information made available by PH&N Investment Services online (the "Software"):
(a) PH&N Investment Services grants to you a non-exclusive and non-transferable license for the Software. The license authorizes you to use the Software in object code format for the purpose of using the online services of PH&N Investment Services ("Online Services").
(b) PH&N Investment Services retains at all times all ownership rights, including without limitation, copyright, in the Software. You agree not to copy the Software and not to disclose or distribute the Software to third parties. PH&N Investment Services has no obligation to provide any training, maintenance, or other assistance for the Software.
(c) YOU ACCEPT THE SOFTWARE "AS IS" AND ASSUME THE ENTIRE RISK FOR THE PERFORMANCE OF THE SOFTWARE. PH&N INVESTMENT SERVICES WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE, UNDER THESE TERMS OR OTHERWISE.
(d) PH&N Investment Services may end these Software terms at any time on notice to you. On the ending of these terms, you will destroy or return all copies of the Software or of any documentation for it then in your possession. The grant of the license may not be assigned by you unless agreed upon in writing by PH&N Investment Services.
Each of the Websites is administered by PH&N Investment Services or, with regard to any other Royal Bank or RBC Company website, by Royal Bank or the applicable RBC Company, as specifically disclosed in the footer of the website, from its offices in Canada. The Websites, the Information, the Terms and the Page Disclaimers will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws, and notwithstanding your domicile, residence or physical location. All disputes, controversies or claims arising out of or in connection with the Websites, the Information, the Page Disclaimers or the Terms shall be submitted to and be subject to the exclusive jurisdiction of the courts of the Province of Ontario. You submit and attorn to the exclusive jurisdiction of the courts of the Province of Ontario to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Websites, the Information, the Page Disclaimers or the Terms.