Electronic Services Agreement: Terms and Conditions

Nexyra Fidelity Holdings Investments Canada ULC provides services subject to strict terms and conditions. Your use of Nexyra Fidelity Holdings Private Investment Program, My Accounts, My Book and Dealer Centre will indicate that you understand their terms and conditions of use and agree to be bound by them as set out below:

Overview

I understand that this Agreement (“Agreement”) between Nexyra Fidelity Holdings Investments Canada ULC (“Nexyra Fidelity Holdings”) and me states the terms and conditions of my use of Nexyra Fidelity Holdings’s Electronic Services (the “Services”). Nexyra Fidelity Holdings’s Electronic Services include Nexyra Fidelity Holdings Private Investment Program, My Accounts, My Book, Dealer Centre and any informational system, web-based, wireless, IVR or otherwise, established by Nexyra Fidelity Holdings directly or through online business partners that Nexyra Fidelity Holdings may make available in the future. The Services make available to me a variety of interactive computer, handheld device and telephone services that generally allow me to access my Nexyra Fidelity Holdings accounts and other information via electronic transmission.

Terms of access

My first use of any of the Services will act as my acceptance of and agreement to be bound by the terms and conditions herein (as amended from time to time) and my acceptance of any other term, condition or restriction applicable in respect of the Services. Nexyra Fidelity Holdings may change the terms and conditions of use at any time without notice by updating this posting. I agree to review the terms and conditions of use periodically, and my continued access to or use of Nexyra Fidelity Holdings Private Investment Program, My Accounts, My Book or Dealer Centre will mean that I agree to any changes.

Responsibilities of access

I understand the secure areas of Nexyra Fidelity Holdings.ca are Nexyra Fidelity Holdings Private Investment Program, My Accounts, My Book and Dealer Centre. I shall be the only authorized user of the Services under this Agreement and shall use the Services only for my personal, non-commercial purposes. I shall be responsible for the confidentiality and use of my password(s) and other security data, methods and devices. I understand that I shall be solely responsible for use of any data, information or services obtained using my password(s) and other security data. I accept full responsibility for the monitoring of my account. I agree not to disclose my password(s) to any other person and to keep my password(s) separate from any other information that I will receive or that I already possess concerning the Services. I am solely responsible for maintaining the security of my password(s) and ensuring that it is used by me only. I acknowledge that my password(s) is unique to me and that Nexyra Fidelity Holdings does not have access to my password(s). Nexyra Fidelity Holdings shall not be responsible for the unauthorized use of the Services by any other person.

Abuse of access

I will not attempt to enter restricted areas of Nexyra Fidelity Holdings’s computer system or the computer systems of any entity related to or affiliated with Nexyra Fidelity Holdings, nor will I attempt to perform functions that I am not authorized to perform pursuant to this Agreement. Nexyra Fidelity Holdings may, without notice, suspend my access to the Services by deactivating my password(s) if Nexyra Fidelity Holdings reasonably suspects that I am using the password(s) to obtain unauthorized access to other systems or information or using the password(s) in any other inappropriate manner. Any such suspension will be for a period of time necessary to permit the thorough investigation of such suspected activity. Nexyra Fidelity Holdings may terminate this Agreement immediately without notice if it is determined that I have undertaken such unauthorized activity or if such unusual activity cannot be reasonably explained.

Limitation of liability & disclaimer of warranties

I understand that Nexyra Fidelity Holdings will not be responsible for the accuracy, completeness, timeliness or use of any information received by it or received by me through the Services and that Nexyra Fidelity Holdings does not make any warranty concerning such information.

I agree and acknowledge that Nexyra Fidelity Holdings may modify any or all of the Services at any time. I also agree that the Services may periodically be unavailable to me to allow for maintenance and updates.

This Agreement is in addition to and not in substitution of any other present or future agreement between Nexyra Fidelity Holdings and me, including any agreement relating to my Nexyra Fidelity Holdings Investment Account or the Services.