Terms and Conditions
Please note: Our Terms and Conditions have recently changed and you will be required to accept them to continue.
TRAF ONLINE SERVICES TERMS AND CONDITIONS
INTRODUCTION
These TRAF Online Services Terms and Conditions (this "Agreement")
govern your access to and use of the products and services that are
provided by the Teachers' Retirement Allowances Fund ("TRAF")
from time to time through its Online Services portal. Those services that
are made available through TRAF's Online Services portal are together
referred to as "Online Services".
As used in this Agreement, "we" and "us"
refer to TRAF, and "you" and "your" refer
to the user of Online Services. The effective date of this Agreement is
when you accept it, in accordance with the terms and conditions that are set
out below.
IMPORTANT!: YOUR ACCESS TO ONLINE SERVICES IS SUBJECT TO
LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING
TERMS AND CONDITIONS BEFORE YOU PROCEED. ACCESSING AND USING ONLINE SERVICES
IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE
TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF
YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT ACCESS ONLINE
SERVICES.
You can view, print, download or save this Agreement at any time, under the
"Terms and Conditions" link found in your Online Services account.
GENERAL TERMS AND CONDITIONS
Accounts and User Interaction: In order to access Online
Services, you are required to register an account (the "Account")
using our website.
Individuals: If you are an individual, registering for an
Account requires you to submit certain information, including, without
limitation, your name, email address, birth date, Social Insurance Number
and password. You are solely responsible for maintaining the
confidentiality of your password, security question (if applicable) and
all activities that occur under your Account. Therefore, you should protect
your password and any other personal security authentication and make your
password difficult for others to guess. When you register,
you agree to provide accurate, current and complete information about
yourself and update it as necessary. You will not use another person's
Account or allow another person to use your Account.
Groups (including school divisions and other employers, TRAF contractors, auditors, etc.):
If you are an organization registering for an Account for use by members of
a group, you are required to submit certain information, including, without
limitation, the organization name, physical address, phone number,
designated email address and password. The organization registering for
group access (the "Organization") is solely responsible
for ensuring that the login details for the Account (i.e., email address and
password) are only provided to individuals with a need to access the Account
for bona fide business purposes and ensuring that the password used to
access Online Services is changed in the event a member of the group ceases
to be an authorized user of the Account. Additionally, the Organization is
responsible for ensuring that all individuals accessing Online Services
have agreed to use Online Services strictly in accordance with these terms
and conditions. The Organization is responsible for the actions of the
individuals accessing the Account.
We reserve the right to refuse registration of Accounts, or to cancel any
existing Accounts, that we deem to be inappropriate, in our sole
discretion. We are not responsible for updating your Account. When you
provide information to us, you represent and warrant that you have legal
authority to do so. In particular, you represent and warrant that: you are
entitled to submit the information to us; the information is accurate; and
the information is not confidential, in violation of any contractual
restrictions or third-party rights.
Consent to Electronic Communication: When you use Online
Services or send email to us, you are communicating with us electronically.
You consent to receive communications from us electronically. We will
communicate with you by email or by posting notices and information to your
Account or otherwise through Online Services. You agree that all
agreements, notices, disclosures and other communications that we provide to
you electronically through Online Services satisfy any legal requirement
that such communications be in writing or signed.
Modification to Online Services and this Agreement: We
reserve the right to restrict, suspend, revoke, terminate or otherwise
change any aspect of Online Services for any reason whatsoever. We may
modify all or one or more parts of this Agreement at any time. We may
provide notice to you of such revisions by means of a general notice
through Online Services. Your continued use of Online Services after such
revisions are posted will signify your agreement to these revised terms.
Therefore, you should visit this page periodically to review this
Agreement.
Ownership of Content: For the purposes of this Agreement,
"Intellectual Property Rights" means all industrial and
intellectual property rights throughout the world including all copyright
rights and analogous rights and rights in relation to inventions or
discoveries, including patent rights, designs, circuit layouts, trade
names, brand names and registered and unregistered trademarks, including
service marks and moral rights.
All materials related to Online Services, including, without limitation,
software, images, text, graphics, illustrations, logos, patents,
trademarks, service marks, copyrights, photographs, audio, videos, music and
information belonging to other users (the "Content"), and
all related Intellectual Property Rights in and to the Content, are now and
will remain the exclusive property of us and our licensors.
Except as expressly provided in this Agreement, nothing in this Agreement
shall be deemed to create a licence in the Content or under any
Intellectual Property Rights. Except as permitted by this Agreement, you
agree not to sell, licence, provide access to, rent, modify, distribute,
copy, reproduce, transmit, publicly display, publicly perform, publish,
adapt, edit or create derivative works from any Content or Online Services
more generally. Use of the Content and Online Services for any purpose not
expressly permitted by this Agreement is strictly prohibited.
You retain ownership in and to materials you submit to us, including
comments and other content (collectively, "Your Content"),
but you agree to grant us a royalty-free, sub-licensable, irrevocable
licence to use Your Content, as we see fit, in our sole discretion, for the
purpose of providing Online Services. We reserve the right to disclose Your
Content, at any time, as is required to comply with applicable laws, and the
right to remove any of Your Content that is in violation of the terms and
conditions of this Agreement. You also agree that any rights you assert in
and to Your Content will be subject to standards of commercial reasonableness.
Trademarks: Certain words, phrases, names, designs or
logos on Online Services may constitute trademarks, services marks or trade
names that are owned by us or others. The display of such marks on Online
Services does not imply that you have been granted a licence by us or others
with respect to them.
Acceptable Uses of Online Services: While you use Online
Services, you must comply with all applicable laws, rules and regulations,
as well as this Agreement. In addition, your use of Online Services is
based on the following rules of conduct. You will not:
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Post, transmit or otherwise make available any material that is
or may be (a) threatening, harassing, degrading, hateful or intimidating;
(b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent,
pornographic or otherwise objectionable; or (e) an infringement of another
person's privacy by disclosing the personal information of another
individual without their knowledge and consent.
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Post, transmit or otherwise make available any material that may
violate the proprietary rights of any third party, including, without
limitation, copyrighted software, photographs, texts, videos or artwork or
any moral rights associated therewith.
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Use Online Services in a manner which will violate or solicit
the violation of any applicable local, provincial, territorial, state,
national or international law, rule or regulation, including, without
limitation, applicable privacy laws, the statute known as
An Act to promote the efficiency and adaptability of the Canadian
economy by regulating certain activities that discourage reliance on
electronic means of carrying out commercial activities, and to amend
the Canadian Radio-television and Telecommunications Commission Act,
the Competition Act, the Personal Information Protection and Electronic
Documents Act and the Telecommunications Act (Canada).
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Use Online Services to post, transmit or otherwise make
available any material which would: (a) give rise to criminal or civil
liability; (b) encourage conduct that constitutes a criminal offence; or
(c) encourage or provide instructional information about illegal
activities.
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Impersonate any person or entity, including, but not limited to,
any of our representatives; falsely state or otherwise misrepresent your
affiliation with any person or entity; or express or imply that we endorse
any statement you make without our prior written consent.
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Post, transmit or otherwise make available any virus, worm,
trojan horse, spyware or any other computer code, file or program that may,
or is intended to, damage or hijack the operation of any hardware,
software, server or telecommunications equipment.
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Interfere with or disrupt Online Services.
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Use Online Services in any manner to harass, abuse, stalk,
threaten, defame or otherwise infringe or violate the rights of any other
party.
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Post, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail",
spam", "chain letters", "pyramid schemes",
investment opportunity or any other form of solicitation.
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Use Online Services if you are under 13 years of age, in
violation of this Agreement or for commercial purposes.
Any person who is found or reasonably suspected to have violated the rules
of conduct provided above may be barred from using Online Services, in our
sole discretion, and may be subject to other legal remedies. You
acknowledge that any violation of these terms may result in the immediate
termination of your Account and right to use Online Services without
notice.
PRACTICES REGARDING USE AND STORAGE
Storage or Deletion of Content: You agree that we have no
responsibility or liability for the deletion of, or the failure to store or
to transmit, any information maintained by us on or through Online Services.
Limits on Storage: We retain the right to create limits on
use and storage, at our sole discretion, at any time, with or without
notice.
Our Access to Stored Content: We also reserve the right to
access, read, preserve and disclose any information as we reasonably
believe is necessary to: (a) satisfy any applicable law, regulation, legal
process or governmental request; (b) enforce this Agreement, including
investigation of potential violations hereof; (c) detect, prevent or
otherwise address fraud, security or technical issues; (d) respond to user
support requests; or (e) protect our rights, property or safety of our
users or the public. We will not be responsible or liable for the exercise
or non-exercise of our rights under this Agreement.
NO WARRANTY
NO WARRANTY: EXCEPT AS EXPRESSLY PROVIDED IN THIS
AGREEMENT, WE DO NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING,
WITHOUT LIMITATION, WARRANTIES AS TO UNINTERRUPTED OR ERROR-FREE
TRANSACTIONS, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE,
NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT
OF A COURSE OF DEALING OR USAGE OF TRADE.
Use at Your Own Risk: Except as expressly
provided in this Agreement, access to Online Services is provided
"as is" and without warranties of any kind,
either express or implied. By accessing and using Online Services, you
acknowledge and agree that it is entirely at your own risk. We are not
responsible for your reliance on Online Services. While we try to keep
Online Services available without interruption, we are not responsible for
ensuring Online Services are available or that they will convey information
to anyone on your behalf. If your use of Online Services or the Content
results in the need for servicing or replacement of equipment or data, TRAF,
its affiliates and its subsidiaries are not responsible for those costs.
Online Services may include content provided by third parties, including
from third-party licensors. All statements and/or opinions expressed in any
such third-party content, other than the content provided by us, are solely
the opinions and the responsibility of the person or entity providing those
materials. Such materials do not necessarily reflect our opinion. Neither
us nor our subsidiaries, affiliates and their and our respective directors,
officers, employees, agents, service providers, contractors, licensors,
licensees, successors or assigns have any responsibility or liability
whatsoever to you, or any third party, for the content or accuracy of any
third-party materials.
Disclaimer: Online Services may contain "forward-looking
statements", such as projected tax or income statements, or tax or income
examples, which are only estimates of tax, income or other benefits, as the
case may be. Forward-looking statements can be identified by words such as:
"expected", "estimated", "intend",
"plan", and "projected", and similar references
to future periods. Examples of forward-looking statements include, among
others, statements we make regarding your estimated or projected pension
payments or estimated taxes. Forward-looking statements are neither
historical facts nor assurances of future performance. They rely on our
current expectations and assumptions regarding, among other things, tax
rates and forecasted investment performance, and are therefore subject to
inherent uncertainties, risks and changes in circumstances that are
difficult to predict and many of which are outside of our control. AS A
RESULT, YOU SHOULD NOT RELY ON ANY OF THESE FORWARD-LOOKING STATEMENTS,
WHICH ARE FOR ILLUSTRATIVE PURPOSES ONLY.
Data Security: If you upload or transmit confidential,
personal information, trade secrets or other sensitive or restricted
content to Online Services, you are solely responsible for implementing
safeguards beyond the security measures provided by us. You acknowledge
that, subject to our compliance with the terms of this Agreement, you
upload or transmit this information at your own risk. TRAF DOES NOT WARRANT
THAT ONLINE SERVICES WILL OPERATE ERROR-FREE OR THAT ONLINE SERVICES ARE
FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND
AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE
USE OF ONLINE SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
Third-Party Links and Information: Online
Services may contain links to third-party websites, advertisers, services,
special offers or other events or activities that are not owned or
controlled by us. We do not endorse or assume any responsibility for any
such third-party sites, information, materials, products or services. If
you access a third-party website from Online Services, you do so at your
own risk, and you understand that neither this Agreement or our Privacy
Policy applies to your interaction with third parties in connection with
such sites, advertisements, services, special offers, events or activities.
We are not responsible for any materials or information on Online Services
or any linked website that you may find offensive, undesirable or
objectionable. Further, we specifically disclaim any responsibility or
liability for the accuracy, completeness, correctness, timeliness or
usefulness of third-party information. You expressly indemnify us from any
and all liability arising from your use of any such third-party website,
service or content.
Verification: We are not responsible for verifying your
identity, the identity of anyone who uses your Account or the identity or
legitimacy of any other user or user-generated content or submissions.
Professional Advice: Any information made available
through Online Services is for informational purposes only and is not
intended to be nor should it be construed as professional advice. Users
should seek independent professional advice from a person who is licenced
and/or qualified in the applicable area before relying on any information
found on Online Services.
LIMITATION OF LIABILITY, RELEASE AND INDEMNITY
THIS SECTION LIMITS OUR LIABILITY TO YOU AND PROVIDES FOR A RELEASE AND AN
INDEMNITY, FROM YOU, IN FAVOUR OF US. PLEASE READ IT CAREFULLY.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL YOU
BE ENTITLED TO RECOVER ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
INDIRECT DAMAGES FROM US, ARISING DIRECTLY OR INDIRECTLY FROM: (A) ANY
BREACH OF THIS AGREEMENT, FUNDAMENTAL OR OTHERWISE; OR (B) ANY OF OUR
NEGLIGENCE, ACTS OR OMISSIONS; OR (C) ANY PROVISION, DUTY OR REQUIREMENT OF
ANY STATUTE; OR (D) ANY USE OR NON-USE OF THE PRODUCTS BY YOU OR ANY OTHER
PERSON; OR (E) ANY DUTY AT LAW OR IN EQUITY. YOU ACKNOWLEDGE THAT THESE
LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION REFLECT
THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT WE WOULD NOT
ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY.
RELEASE: EXCEPT AS SET OUT IN THIS AGREEMENT, YOU AGREE TO
RELEASE, REMISE, ACQUIT AND DISCHARGE US FROM ANY CLAIMS, ACTIONS, DEMANDS,
COSTS AND EXPENSES OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, NEGLIGENCE
OR TORT, AT LAW OR IN EQUITY OR BY STATUTE OR OTHERWISE, HOWSOEVER CAUSED,
WITH RESPECT TO YOUR USE OF, OR OUR OPERATION OF, ONLINE SERVICES.
INDEMNITY: YOU AGREE TO INDEMNIFY, SAVE AND HOLD US
HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, JUDGMENTS, AWARDS,
DECLARATIONS, ORDERS, SETTLEMENTS, DAMAGES (INCLUDING GENERAL, SPECIAL,
PUNITIVE, AGGRAVATED OR EXEMPLARY DAMAGES), LIABILITIES, LOSSES, COSTS,
CHARGES, INTEREST AND EXPENSES OR PROCEEDINGS OF ANY KIND WHATSOEVER WHICH
MAY BE INITIATED OR PRESENTED BY ANY OTHER PERSONS, INDIVIDUALS OR OTHER
LEGAL ENTITIES, AND WHICH ARISE DIRECTLY OR INDIRECTLY FROM YOUR USE OF
ONLINE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU
HEREBY AGREE TO PAY ALL COSTS, FEES AND EXPENSES, ON A SOLICITOR AND OWN
CLIENT BASIS, WHICH MAY BE INCURRED BY US, RELATING TO YOUR USE OF ONLINE
SERVICES.
SINCE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
CERTAIN TYPES OF DAMAGES OR LIABILITY, SOME OR ALL OF THE EXCLUSIONS AND
LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
FOR THE PURPOSE OF THIS SECTION, THE TERMS "WE", "US", AND "OUR" SHALL
INCLUDE OUR AFFILIATES AND OUR AFFILIATES' RESPECTIVE DIRECTORS, OFFICERS,
MEMBERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS,
SUCCESSORS AND ASSIGNS.
CONFLICT OF LAWS
Application of Manitoba Laws: We are physically located,
and the activities with respect to Online Services take place, within the
Province of Manitoba, Canada. This Agreement will be governed by the laws
of the Province of Manitoba and the laws of Canada applicable in Manitoba
and shall be treated in all respects as a Manitoba contract, without
reference to the principles of conflicts of law. You agree that Online
Services shall be deemed a passive website solely based in Canada and shall
not give rise to personal jurisdiction over TRAF, either specific or
general, in jurisdictions other than Canada.
Dispute: In consideration for your right to access and use
Online Services, you agree that: (a) you will contact us directly and give
us the opportunity to try to resolve any and all disputes before you take
any action in court, or otherwise; (b) any and all disputes, claims and
causes of action arising out of or connected with Online Services shall be
resolved individually, without resort to any form of class action; (c) any
and all claims, judgments and awards shall not include legal fees; and (d)
to the extent permitted by law, under no circumstances will you be permitted
to obtain awards for, and you hereby waive all rights to claim, punitive,
incidental and consequential damages and any other damages other than for
actual out-of-pocket expenses, and any and all rights to have damages
multiplied or otherwise increased.
You agree that the sole and exclusive forum and remedy for any and all
disputes and claims that cannot be resolved informally and that relate in
any way to or arise out of Online Services shall be final and binding
arbitration, to occur in Manitoba, except to the extent that you have in
any manner infringed upon or violated or threatened to infringe upon or
violate any intellectual property right of TRAF, its affiliates or any
third party or any privacy or publicity rights, in which case you
acknowledge that arbitration is not an adequate remedy at law and that
injunctive or other appropriate relief may be sought by TRAF, its affiliates
or the applicable third parties.
Waiver of Rights: You agree to waive any right you may
have to: (a) a trial by jury; and (b) commence or participate in any class
action against us related to your use of Online Services, the exchange of
electronic documents between us or this Agreement and, where applicable,
you also agree to opt out of any class proceedings against us or our
licensors.
Agreement in English: You
agree that this Agreement and all documents related to it will be drawn up
in English. Vous acceptez que cet accord ainsi que tous les documents qui
s'y rattachent seront rédigés en anglais.
International Matters: Unless
otherwise specified, Online Services are presented solely for the purpose
of providing services in Canada. We make no representation that Online
Services and all other materials on Online Services are appropriate or
available for use in any particular location. Those who choose to access
Online Services do so on their own initiative and are responsible for
compliance with local laws, if and to the extent local laws are applicable.
Force Majeure: We will not be liable for
failure or delay in our performance of our obligations under this Agreement
due to any cause beyond our reasonable control, including, but not limited
to: (a) acts of God; or (b) failure or disruptions in
third-party-controlled or operated communications facilities; or (c) worms,
viruses and other disabling or disruptive software, communications or
files.
Notice: All notices, requests, consents, claims, demands,
waivers and other communications given pursuant to this Agreement shall be
in writing and shall be deemed to have been given: (a) when delivered by
hand (with written confirmation of receipt); (b) when received by the
addressee if sent by a nationally recognized overnight courier (receipt
requested); (c) on the date sent by facsimile or email (with confirmation
of transmission) if sent during normal business hours of the recipient, and
on the next business day if sent after normal business hours of the
recipient; or (d) on the third day after the date mailed, by certified or
registered mail, return receipt requested, postage prepaid. Such
communications must be sent to the respective parties at the addresses
designated by a party from time to time.
PRIVACY
General
We respect your privacy. By using Online Services, you consent to your
personal information being collected, used and disclosed in accordance with
our Privacy Policy,
as we deem reasonably necessary for the provision of Online Services, or
for any other purposes that are set out in our Privacy Policy, or as
required or permitted by law. Information collected by TRAF will be managed
in accordance with The Freedom of Information and Protection of Privacy Act
("FIPPA"). Authority for our collection of personal
information is found in FIPPA, The Teachers' Pensions Act and
The Pension Benefits Act.
Information Collected through Online Services
We use Online Services to collect and use several types of information from
and about you, including:
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Technical information, which may include your login
information, assigned website identification number, browser type and
version, time zone setting, browser plug-in types and versions,
operating system and platform or information about your internet
connection, the equipment you use to access Online Services and usage
details.
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Non-personal details about your interactions with Online Services
, which may include the full Uniform Resource Locators (URLs),
clickstream to, through and from Online Services (including date and
time), information you viewed or searched for, page response times,
download errors, length of visits to certain pages, page interaction
information (such as scrolling, clicks and mouse-overs), methods used to
browse away from the page or any phone number used to contact us.
Why We Collect Information through Online Services
Online Services may use various technologies, from time to time, to:
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help us customize your experience on Online Services;
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track your use of Online Services for marketing or promotional purposes;
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help us determine whether you opened an email message from us; or
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gather information to deliver information about services we think may be of interest to you.
This information enables us to:
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customize the services we offer you, to improve Online Services;
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estimate our audience size and usage patterns;
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store information about your preferences, allowing us to customize Online Services according to your individual interests, including showing you information that we think will be of interest to you;
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speed up your searches;
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recognize you when you return to Online Services;
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assist us in providing a better member experience by understanding member behaviour and usage of Online Services; and
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secure Online Services and avoid unauthorized access or use.
Our Use of Automated Technologies or Interactions
As you navigate through and interact with Online Services, we may use
cookies or other automatic data collection technologies to collect certain
information about your equipment, browsing actions and patterns, including:
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Details of your visits to Online Services, including traffic data and other communication data and the resources that you access and use on Online Services.
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Information about your computer and internet connection, including your IP address, operating system and browser type.
The information we collect automatically is statistical data. It helps us
to improve Online Services and to deliver a better and more personalized
service, including by enabling us to estimate our audience size and usage
patterns, store information about your preferences and recognize you when
you return to Online Services.
The technologies we use for this automatic data collection may include:
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Cookies (or Browser Cookies): A cookie is a small file
placed on the hard drive of your computer or stored temporarily in your
computer's memory. You may refuse to accept browser cookies by
activating the appropriate setting on your browser. However, if you
select this setting, you may be unable to access certain parts of
Online Services. Unless you have adjusted your browser setting so that
it will refuse cookies, our system will issue cookies when you direct
your browser to Online Services.
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Web Beacons: Web beacons (also known as pixel tags,
Internet tags, clear GIFs or single-pixel GIFs) are electronic images
embedded into a web page. Web beacons permit an organization to count
users who have visited those pages or opened an email and for other
related website statistics (for example, recording the popularity of
certain website content and verifying system and server integrity).
Your Choices About How Online Services Collect Your Information
You can set your browser to refuse all or some browser cookies, or to alert
you when cookies are being sent. To learn how you can manage your Flash
cookie settings, visit the Flash player settings page on Adobe's website.
If you disable or refuse cookies, please note that some parts of Online
Services may not be accessible or may not function properly.
TERMINATION
Investigations and Violations: We reserve the right to
investigate you if we suspect you have violated this Agreement and/or any
applicable laws, and may seek to gather information from you or about your
use of Online Services, in furtherance of this purpose. We may suspend your
use of Online Services (and for further certainty, use of Online Services
through your Account) if your conduct is under investigation. If we
believe, in our sole discretion, that a violation of this Agreement and/or
any applicable laws has occurred, we may take any corrective action deemed
appropriate, including providing personally identifiable information as
part of any legal process.
BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS TRAF AND ITS
SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS,
EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUCCESSORS
AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TRAF DURING
OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A
CONSEQUENCE OF INVESTIGATIONS BY EITHER TRAF OR LAW ENFORCEMENT
AUTHORITIES.
Suspension of Your Use of Online Services by Us: If
you breach any provision of this Agreement, you may no longer use Online
Services. We may at any time and for any reason, with or without cause, and
in our sole discretion, immediately suspend or terminate (in whole or in
part) your permission to use Online Services, all without any notice or
liability to you or any other person. We may take appropriate legal action,
including, without limitation, referral to law enforcement or regulatory
authority, or notifying the harmed party of any illegal or unauthorized use
of Online Services. Without limiting the foregoing, we have the right to
fully cooperate with any law enforcement authorities or court order
requesting or directing us to disclose the identity or other information of
anyone posting any materials on or through Online Services.
We have no obligation, nor any responsibility, to any party to monitor
Online Services or their use, and do not and cannot undertake to review
material that you or other users submit to Online Services. We cannot
ensure prompt removal of objectionable material after it has been posted
and we have no liability for any action or inaction regarding
transmissions, communications or content provided by any user or third
party, subject to applicable laws.
No Rights on Termination: We reserve the
right to cease, suspend or interrupt operation of or access to Online
Services or any part of them, and shall not be required to provide any
notice in respect of such cessation, suspension or interruption of access,
nor shall we have any liability for such cessation, suspension or
interruption of access.
Survival: The provisions of Sections that
are by their nature intended to survive termination of this Agreement shall
survive termination of this Agreement in perpetuity, including, but not
limited to, all Sections concerning proprietary interests, warranty
disclaimers, indemnity and limitations of liability.
MISCELLANEOUS
Waiver: Our failure to exercise or enforce any right or
provision of this Agreement shall not constitute a waiver of such right or
provision. If any provision of this Agreement is found to be unlawful, void
or for any reason unenforceable, then that provision shall be deemed
severable from this Agreement and shall not affect the validity and
enforceability of any remaining provisions of this Agreement.
Assignment: This Agreement, and any rights
and licences granted hereunder, may not be transferred or assigned by you,
but may be assigned by us without restriction. Any attempted transfer or
assignment in violation hereof shall be null and void.
Entire Agreement: Our Privacy Policy, this
Agreement and all other documents referenced in this Agreement, together
with any amendments and any additional agreements you may enter into with
us in connection with Online Services, together shall constitute the entire
agreement between you and us concerning Online Services.
Our Contact Information: If you have any
questions about this Agreement, or Online Services in general, please
contact us at:
Teachers' Retirement Allowances Fund
330 - 25 Forks Market Road, Winnipeg, MB R3C 4S8
204-949-0048 or 1-800-782-0714
info@traf.mb.ca