Terms and conditions of use
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Your use of Equitable Life Client Access
When you use Client Access, you agree with, acknowledge, and consent to the Terms and Conditions set out below.
Only policy owners of The Equitable Life Insurance Company of Canada ("Equitable®") may use Client Access. You must keep your user ID and password confidential.
Client Access is provided on an as is and as available basis, without warranty of any kind. The entire risk of use of Client Access is with you. Equitable is not responsible for any harm, loss or damage that may arise in connection with your use of Client Access, including without limitation, any detrimental reliance that you may place upon Client Access and your online policy accounts information.
If you notice any errors or omissions concerning the information in your online policy accounts, please contact us as soon as possible. Equitable is not responsible for any errors or omissions where you have not provided us notice. While we have made every effort to ensure the accuracy of the information contained in your online policy accounts, we reserve the right to correct any errors and omissions.
Should you cease to be an Equitable policy owner, or should you not comply with these Terms and Conditions, your access to Client Access will be terminated.
You authorize us to carry out instructions
Use of your user ID and password when logging-in to Client Access is adequate identification of you. Equitable will act on instructions sent through Client Access without obtaining any further written or other confirmation from you.
When you give an instruction via Client Access, we will act on that instruction in accordance with the service time limits provided to you at the time you give the instruction. You agree that Equitable receives the instruction at the time you receive our confirmation of that instruction.
You are solely responsible for ensuring the accuracy, adequacy and completeness of all instructions given by you via Client Access. Equitable is not required to verify the accuracy, adequacy and completeness of your instructions. We will not be liable for any loss or damage to you as a result of your instructions being inaccurate, inadequate or incomplete in any manner.
You will be liable for all losses due to unauthorised use of Client Access if you have acted fraudulently or negligently or if you have not kept/maintained the confidentiality of your user ID and password. You are obligated to notify us as soon as you discover or suspect that your user ID or password has been obtained by or known to someone else.
Equitable may, if we believe we are justified in doing so:
- refuse to carry out an instruction given via Client Access; or
- require written confirmation from you of a particular instruction.
If we believe that an instruction may not have been properly authorized by you, Equitable will be entitled, after making reasonable efforts to check whether it was properly authorized by you, to take steps to reverse any action taken on the basis of that instruction. Equitable will not be responsible for any loss to you that results from such a reversal.
Links to web sites
Should Client Access link you to the Equitable website, your use of the website is subject to the terms and conditions for use set out in our website http://client.equitable.ca.
Should Client Access allow access to services provided by third parties or access to third party web sites, you will be subject to the third party's terms and conditions for use. Equitable is not responsible in any manner for your use and access to these third party services and sites. Equitable does not endorse such use and will have no liability or responsibility to you or any other person for such use. It is your responsibility to secure all information and professional advice you feel is necessary before using third party services and sites.
If you contact us by email, please note that sending your confidential and personal information through the internet is not secure. Email is vulnerable to interception. While we have taken appropriate measures to ensure the security and confidentiality of your information in Client Access, Equitable cannot ensure the privacy of information sent by email.
Equitable may collect and use technical data, including but not limited to your IP address and technical information about your operating system and browser, to improve your use of Client Access and to provide modifications, new versions, support and any services regarding Client Access. The data will only be used to improve Client Access.
Client Access uses the SSL (Secure Socket Layer) communications protocol to send information to and from your workstation. The role of this protocol, recognized by the most popular Web browsers (Mozilla Firefox, Explorer), is to encrypt the data during transmission so that unauthorized persons cannot read it.
While you are logged into Client Access, marker files (cookies) are placed on your workstation. These files register the time of your last use of Client Access, and maintain your session active. When you access a page, the server verifies the amount of time that has passed since your last request. If more than the maximum number of minutes has gone by since your last system interaction within the same session, the server will ask you to re-enter your user ID and password.
To assist us with maintaining the security and confidentiality of your information in Client Access, we request that you comply with the following rules:
- Keep your user ID and password confidential, and do not save your password on your computer;
- Log into Client Access only once per session under the same user ID;
- Do not log into Client Access under two different user IDs during the session. Exit your session and then log in with the different user ID;
- Do not deactivate "cookies" on your Web browser;
- Use the Log-out button to securely quit your session. If you do not, access could be available to other users of your computer.
Consent and agreement to electronic delivery of documents
These Terms and Conditions apply to the electronic delivery of Documents relating to your Policies. Please print and save a copy of this consent and agreement for your records.
"Client Access" means the client access service that can be accessed at https://client.equitable.ca.
"Documents" has the meaning in section 2 below.
"Equitable Life", "we", "us" and "our" mean The Equitable Life Insurance Company of Canada.
"Non-Secure Message" and "Secure Message" have the meanings in section 8 below.
"Policy or Policies" means any insurance policy contract you have with Equitable Life where you have connected that Policy with Client Access.
"Statements" means any statements or receipts delivered to you for any Policy with us.
"You" and "your" mean each person or entity who holds a Policy with Equitable Life and who enrols in this electronic delivery service for Documents.
"Your Client Access Inbox" means Equitable Life's Client Access inbox system. This is where your Documents shall be maintained by Equitable Life following delivery to Your Client Access Inbox.
Consent and when it takes effect:
You consent to the electronic delivery of these documents and other information ("Documents"):
- Statements and information relating to the Policy;
- Contractual documents, investment options or confirmations relating to the Policy;
- changes to our Account Terms, products or services;
- communications about these terms and conditions including changes and confirmations; and
- any other confirmation, notice or information that we are required by law to provide you in writing relating to your Policies.
This consent applies to all your Policies, and shall take effect immediately upon your agreement. Until your consent is processed, Documents may be delivered via paper.
If you verbally consent to be sent Documents electronically, we will confirm your consent by sending you this Consent and Agreement through electronic or paper delivery. If after reviewing this Consent and Agreement you do not agree to its terms and conditions, you must immediately revoke your consent as provided under "Revoking Consent" (see section 7 below).
Electronic delivery of documents and length of time available:
When we deliver a Document electronically, we will do so by making it available to you through Your Client Access Inbox. Alternatively, we may make a Document available to you as part of a transaction or selection. Documents made available to you as part of a transaction or selection may be available only at the time they are delivered; you will be instructed to print or save a copy for your records.
It is your responsibility to retain a copy of each Document by saving or printing a copy while it is available to view in Your Client Access Inbox. We may delete Documents out of Your Client Access Inbox at any time upon prior notification to you.
A Document is deemed to be delivered to you on the day that Document is made available to you through Your Client Access Inbox and not on the day that you actually review the Document. You understand and agree that we are not responsible to you in any way for any damages or costs incurred as a result of you failing to review Documents made available to you in Client Access.
In addition to Your Client Access Inbox notifications, we may provide Non-Secure Messages when Documents are available through Your Client Access Inbox. Remember that email is not secure or reliable, and may not be received by you in a timely manner or at all. You further acknowledge that we are under no obligation to provide these Non-Secure Messages and may at any time choose to discontinue providing these messages.
Your obligations to access your Client Access inbox and view documents:
You agree to access Your Client Access Inbox at least monthly to review Documents. You confirm that you have the necessary technical ability and resources to do this. You acknowledge that technical and security requirements for access to Your Client Access Inbox may change from time to time. If you are unable to access Your Client Access Inbox to meet your obligations under this section for any reason, you should revoke your consent as provided under "Revoking Consent" (see section 7 below).
Providing documents by paper:
We reserve the right to provide you with Documents by paper delivery if we are unable to provide electronic delivery or otherwise consider it appropriate. Any paper delivery will be provided to you at the most current mailing address that we have on file for your Policy.
You may revoke your Consent to have Documents delivered to you electronically at any time by updating your Document delivery preferences through Client Access, by calling 1-800-668-4095 during operating hours, by emailing us for Individual Life and Critical Illness at email@example.com or for Savings and Retirement at firstname.lastname@example.org or by notifying us by regular mail at: One Westmount Road North, PO Box 1603, Stn Waterloo, Waterloo, ON N2J 4C7.
We will confirm that we have received your revocation and specify when it takes effect in writing through electronic or paper delivery.
Your Client Access Inbox permits you to obtain messages which are securely sent (a "Secure Message"). Other messages, such as reminders of when a Secure Message is available, may be sent to the email address you have provided (a "Non-Secure Message").
Due to their nature, Non-Secure Messages may not be received, or may be lost, intercepted, reviewed or altered by others. You understand and agree that we are not responsible to you in any way for any damages or costs incurred as a result of you not receiving a Non-Secure Message or your reliance and/or use of a Non-Secure Message.
Email address for non-secure messages:
Should we provide a Non-Secure Message, it will be sent to the email address you provide as your primary email address for Client Access. You can change your email address online through Client Access, but this will also change the email address we have on record for you. Please remember to notify us of changes to your email address immediately, so we may continue to provide you with this service. It is your responsibility to advise us of any change to your email address. Should we provide a Non-Secure Message and it be returned to us as undelivered, we are not responsible for and not required to locate your new email address or attempt to provide you with the Non-Secure Message.
Changing these terms and conditions:
We may change these terms and conditions from time to time by providing you with notice of the change through electronic or paper delivery. You agree that your subsequent use of Client Access means you agree to and accept the revised terms and conditions. If you do not agree to a change, you must immediately revoke your consent as provided under "Revoking Consent" (see section 7 above).
Limitation of liability:
You agree that your Non-Secure Messages may be delayed, not delivered or inaccurate due to a variety of factors, including technical problems or your failing to provide an updated email address. Subject to the governing law of your jurisdiction, we will not be liable or responsible for any direct or indirect damages arising out of you not receiving the Non-Secure Messages, or your use or inability to use the Non-Secure Messages, regardless of the cause, including negligence, even if we are advised of the possibility of such damages. For Non-Secure Messages, you accept the risk that the Non-Secure Messages may not be received by you, or may be lost, intercepted, reviewed or altered by others.
These Terms and Conditions apply in addition to any other agreements between you and Equitable Life that are necessary for the maintenance of your Policies with us, or any other product or service offered by us. Additionally, this agreement shall apply to any documents, notices, receipts, statements, information, or other items required of us to deliver to you by law.
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