Terms of Use

Website Use Agreement

This Website Use Agreement (the “Agreement”), in conjunction with the Legal Notices and disclaimers of liability (the “Legal Notices”) and Privacy Policy, both posted on www.cstspark.ca  (the “Website”), govern your electronic access to and use of certain information (the “Services”) on the Website.

The Services are provided by C.S.T. Spark Inc. (“SPARK”, “we”, “us”) as a means to access information about and/or open an or make certain modifications to your Bright Plan.

By using the Services, you: (a) unconditionally agree to be bound by and to comply with this Agreement; and (b) represent and warrant that you are the holder of the Plan in good standing, over the age of majority in the province or territory in which you reside, and have been authorized access to these Services by us. If you disagree with any aspect of this Agreement, your sole recourse is to not use the Services.

Username and Password confidentiality and security

You will create a password on the Website, consisting of a combination of minimum of eight (8) and a maximum of forty-eight (48) numbers, letters and special characters (the “Password”) which, in conjunction with your Username, identifies you to SPARK.  You agree to keep your Username and Password strictly confidential and to take all necessary precautions to ensure that your Password is not disclosed to any other person.

You may change your Password at any time provided that, in doing so, you do not select a new Password that will easily identify you or be easily traceable to you, such as your date of birth, phone number, or password you use for any other service.

If you know or suspect that someone else may know your Password, you agree to immediately change your Password and contact SPARK by calling Toll Free telephone number 1-800-461-7100 or Local telephone number 416-849-5788.

You agree that you will be held solely liable for any and all activity on the Website under your Username and Password.

Electronic updating of your plan information

This Service enables you to electronically update certain information relating to your Plan, such as your contact or banking information.

If you wish to electronically update your Plan information, you agree to provide true, current, complete and accurate information on any registration form to which you may be directed, and to update that information as soon as possible after any information on any such form changes.

You agree that you are solely liable for, and that SPARK will rely on, any information you provide through the Service. You agree that SPARK is not responsible for any inaccurate or incomplete information you provide through the Service, or for any losses that you may incur as a result of such inaccurate or incomplete information.

Electronic delivery of information about your plan

Documents relating to your plan are stored in our self-service website and are accessible only by authorized personnel.  The service enables us to electronically notify you regarding the availability of these documents and directs you to the self-service website to view them. Always keep your contact information current, and protect the confidentiality and security of your emails to guard against unauthorized access to your Plan information. Remember that the security of email communication cannot be guaranteed.

Examples of confidential individual plan information include:

  1. Application Form
  2. Trade Confirmation
  3. Education Savings Plan Agreement
  4. Annual Client Statement
  5. Tax Receipts and reporting slips

By accepting the terms of this Agreement, you hereby agree that SPARK may post other Plan account information and documents as it becomes available.

The Service also enables us to electronically notify you regarding the availability of other documents relating to Plan information. Examples of Bright Plan information include:

  1. Plan Summary and Detailed Disclosure Document – Prospectus
  2. Semi-Annual Plan Financial Statements
  3. Audited Financial Statements and Management Report on Fund Performance

Conditions on Use

Any attempt to obtain unauthorized access to any portions of this Website or the Services that you are not authorized by us to access is strictly prohibited.  When using the Services, you agree not to:

a) upload, post, e-mail or otherwise transmit any material that:

  1. constitutes unsolicited or unauthorized advertising, promotional materials, or any other form of unauthorized solicitation;
  2. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  3. infringes on the privacy, personality or other similar rights of any person, living or deceased;
  4. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; or
  5. contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;

b) harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Website and Services without the express consent of such users;

c) for the purpose of misleading others, create a false identity, user profile, or otherwise manipulate identifiers in order to disguise the origin of any post or material transmitted through the Website;

d) attempt to gain unauthorized access to the Website, or to restricted areas of the Website, or other computer systems or networks connected to the Website, through password mining or any other means; and

e) interfere with or disrupt networks or servers connected to the Website or violate the regulations, policies or procedures of such networks.

Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPARK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

SPARK MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS OR (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Limitation of liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULL EXTENT PERMITTED BY LAW, SPARK AND ITS AFFILIATES SHALL NOT BE LIABLE FOR DAMAGES (EVEN IF SPARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iii) ANY OTHER MATTER RELATING TO THE SERVICE.

Modifications to and termination of service

SPARK reserves the right at any time and, from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, and you agree that SPARK shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Applicable law

With the exception of Quebec, this Agreement shall be governed by and interpreted in accordance with the laws applicable in the Province of Ontario and the laws of Canada applicable therein. In respect to residents of Quebec, this Agreement shall be governed by and interpreted in accordance with the laws applicable in the Province of Quebec and the laws of Canada applicable therein.

Changes to this Agreement

SPARK may change the terms of this Agreement, and will notify you of any such changes by posting an updated version of the Agreement on this Website. You are responsible for regularly reviewing the terms of this Agreement, by checking the date of “Last Update” at the bottom of this document.Your continued use of the Service after the effective date of the amendment will indicate your acceptance of any such amendment.

Last updated: January 2018

General

This Agreement, inclusive of any documents referenced herein, constitutes the complete agreement between us in respect to the Services on the Website, and supersedes and replaces any and all prior agreements between us.  If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be modified only to the extent necessary to make it enforceable in a manner that most closely matches the intent of the original provision and the other terms of the Agreement shall remain in full force and effect. Any delay or failure by us to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches.

It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English.