Website Terms of Use CA

This is the CA Website Terms of Use.

TELUS AGRICULTURE SOLUTIONS INC.

By accessing this Site you agree to be bound by the following terms (“User Terms”).  This Site is operated by TELUS Agriculture Solutions Inc.  (“TELUS”, “we”, “us”, “our” etc.) TELUS™, Farm at Hand™, Farm at Hand Agronomy™, Agronomy™ and associated marks, logos and designs are trademarks and the exclusive property of TELUS, all rights reserved. The Site is the property of TELUS and its licensors. IF YOU DO NOT AGREE TO THESE USER TERMS, YOU MAY NOT USE THE SITE. TELUS reserves the right, at its sole discretion to change, add or remove portions of these User Terms, at any time. It is your responsibility to check these User Terms for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. Providing that you comply with these User Terms, TELUS grants you a personal, non-exclusive, non-transferable, limited permission to enter and use this Site.

NO WARRANTY OR REPRESENTATION

While TELUS uses reasonable efforts to include accurate and up-to-date information on the Site, your use and browsing of the Site is at your risk. Nothing in the Site, including product or service information, shall add to or change any contract for products or services you may have with TELUS, its suppliers or affiliates. Neither TELUS, its partners, suppliers, affiliates nor any other party involved in creating, producing or delivering the Site is liable for any direct, indirect, incidental, special, consequential, punitive or other damages whatsoever including business interruption, loss of use, data, information, profits (regardless of the form of action, including but not limited to contract, negligence or other tortious act) arising out of or in connection with your access or use of the Site even if TELUS has been advised of or foresees the possibility of any damages occurring.

Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, RELIABILITY, TRUTHFULNESS OR COMPLETENESS OF INFORMATION, DURABILITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR INTER-OPERABILITY OF PRODUCTS OR SERVICES. Changes or updates to the content of this Site may occur without notice.

USE OF INFORMATION

The information on this Site is for informational purposes only. You agree that you will use the Site and any Content found on the Site solely for your personal, lawful purposes and that you shall not use any information contained in this Site or the links to this Site in any claims, proceedings, suits or actions against TELUS, its suppliers or affiliates.

You may not:

(a) post, upload, publish, display, encode, reproduce, transmit or otherwise distribute and/or disseminate information or material on the Site: constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability; (ii) which is protected by copyright, or other intellectual property right or derivative works thereof, without obtaining permission of the rights holder; (iii) promoting racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, or harasses or advocates harassment of another person; (iv) which solicits passwords, personal information, funds, goods and/or services or otherwise solicits information for commercial or unlawful purposes (v) that contains advertising;

b) engage in any conduct that impersonates any person, licensed professional, business or entity, including TELUS and our employees and agents;

(c) otherwise use this Site in a way that is contrary to law or which could adversely impact use of the Site or the Internet by other users including the posting or transmitting of other information or software containing viruses or other disruptive components. TELUS reserves the right (but not the obligation) at our sole discretion to refuse or delete any Content uploaded or posted by Users (including, without limitation, comments or messages) and/or to suspend or terminate your access to the Site without notice upon a violation of attempted violation of these User Terms or for any other reason.

LINKS

This Site may contain links to other web sites that are not under the control of TELUS. TELUS is not responsible for and makes no representations or warranties concerning the contents of any linked site, any information collection, use or disclosure practices through a linked site or any link contained in a linked site (collectively the “Linked Sites”). It is your responsibility to verify any information contained within the Linked Sites before relying on it. Also, the information contained in the Linked Sites may be changed or updated at any time without notice. TELUS provides links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by TELUS of the Linked Site. Your use of Linked Sites is at your own risk and may be subject to terms and conditions contained in the Linked Sites, which you should locate and review.

CONTENT

All text, comments, messages information, data, graphics, interfaces, articles, photographs, images, illustrations, artwork, software, trademarks, logos, sounds, music, video and code, including but not limited to the design, structure, selection, co-ordination, expression, “look and feel” and arrangement of the foregoing, (together “Content”) on the Site is proprietary and is owned, controlled or licensed by or to TELUS, and is protected by all applicable laws and rights (including but not limited to) trade mark and copyright laws, various other intellectual property rights and laws and unfair competition laws.

Except as permitted by these User Terms or otherwise by Canadian laws, no part of the Site and no Content may be reproduced, transmitted, copied, published, republished, mirrored, uploaded, posted, displayed, encoded, translated, transmitted or distributed in any form or by any means or stored in any retrieval system of any nature in any way without TELUS’ consent.

You may use information on TELUS products and services from the Site provided that: you do not remove any proprietary notices, (ii) such is use is for personal, non-commercial purposes, (iii) you do not share or make accessible such information on any networked computer or broadcast of any sort, (iv) you make no modification to such information and (v) you do not make any claims, representations or warranties with respect to such information.

MONITORING

TELUS is under no obligation to monitor the Site and assumes no responsibility or liability should any content on the Site be modified or altered in any way without TELUS’s consent. However, you agree that TELUS has the right to, without notice or liability, monitor use of the Site and monitor, review and retain such content, material or information; and/or (ii) disclose to third parties any information or any content, material or information associated with the Site by or about you or your use of the Site if TELUS believes that such activity is necessary to provide access to the Site, ensure adherence to or enforce these User Terms or other TELUS user terms, policies or guidelines, comply with any laws or regulations, respond to any allegation of illegal or unlawful conduct or omission or claimed violation of third party rights, or protect itself or others. TELUS reserves the right in its sole discretion to issue any response it considers appropriate if TELUS becomes aware of any inappropriate use of the Site, including without limitation uses that may constitute infringement of intellectual property rights.

RIGHT OF INDEMNIFICATION AND LIMITATION OF LIABILITY

You agree to defend, indemnify and hold TELUS, its suppliers, alliance partners, affiliates and related companies harmless from and against any and all claims, liabilities, costs and expenses, including reasonable legal fees related to any violation of these User Terms by you, or in connection with your use of the Site or with the placement or transmission of any message or information on the Site by you.

Under no circumstances, including but not limited to one or more of the following: negligence, gross negligence, negligent misrepresentation or fundamental breach; shall TELUS, its alliance partners, suppliers, affiliates and each of their respective directors, officers, employees, consultants and agents be liable for any direct, indirect, incidental, special or consequential damages or any loss that results directly or indirectly from the use or the inability to use any content or information on the Site or the transmission of confidential or sensitive information over the internet.

These limitations apply regardless of whether the party liable or allegedly liable was advised, had reason to know or knew of the possibility of such damages. You acknowledge and agree that neither TELUS nor its alliance partners, suppliers, affiliates, nor each of their respective directors, officers, employees, consultants and agents shall be liable for any defamatory, offensive, unlawful or illegal conduct of any user including you.

SERVICES

TELUS markets and provides software and services, including software as a service (collectively, the “Services”). All of the Services described on, promoted on, linked to or from, or available or potentially made available on or through the Site: (i) do not constitute an offer open for acceptance by you and are, at most, only an invitation to treat; (ii) are subject to further licensing agreements with TELUS in its sole discretion, (iii) are posted or promoted only for informational and marketing purposes; and (iv) are subject to availability and to change without notice.  TELUS does not warrant that Services descriptions or other content on this Site is accurate, complete, reliable, current or error-free. In the event of any conflict between these User Terms and any commercial agreement between you and TELUS, such commercial agreement will take priority to the extent of any inconsistency unless TELUS expressly states otherwise.

VIRUS

TELUS assumes no responsibility and shall not be liable for any damages by malicious programs including viruses, worms or other forms of contamination or activity that may infect your computer equipment or other property or any other damage to the same on account of your access to, use of or browsing in the Site or your downloading of any materials, data, text or images from the Site.

Miscellaneous

These User Terms, including all other documents incorporated by reference herein, are binding and constitute an agreement between TELUS and you with respect to your use of this Site. If any part of the User Terms is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. The parties have required that these User Terms and all related documents be drawn up in English.

Governing Law

By visiting the Site, you agree that these User Terms shall be governed by and construed in accordance with the laws of the province of British Columbia and the federal laws of Canada applicable therein and you agree to be bound by the laws of these jurisdictions.

Contacting TELUS

Subject to these User Terms, this Site may permit you to contact TELUS to receive or provide information, to provide TELUS with questions or comments, to request certain aspects of the Services, to submit information with respect to possible employment by TELUS, to subscribe to newsletters and/or other periodically distributed information, and for such other purposes as TELUS may permit from time to time. TELUS shall have no obligation to implement or continue to make available any of the foregoing, and TELUS shall have the right to modify or terminate any of the foregoing without notice to you at any time, and from time to time.

TELUS requests that you provide TELUS with only such personal information as you reasonably should disclose in order to permit TELUS to provide you with information, consider your queries, consider you for employment, or otherwise respond to you. TELUS accepts no liability for any failure to receive your information, or for any loss of, or damage to, information in transit to TELUS, or for information received by TELUS. Any personal information you provide is considered by TELUS to have been provided with your consent, permitting TELUS to collect, use and disclose such personal information for reasonable purposes related to your contacting TELUS or receiving information from TELUS.   You further acknowledge that you have read our Privacy Commitment, as it may be updated from time to time, (the “Privacy Commitment”) and hereby consent to the collection, use and disclosure by TELUS and its agents of your personal information (whether previously collected or to be collected) for the purposes identified in the Privacy Commitment.

We want you to be comfortable with how we protect your privacy, and we would be happy to hear from you with respect to the Services or any other inquiries you may wish to make. If you have questions, or wish to contact us, please do so at:

TELUS Agriculture Solutions Inc

Floor 23 – 510 W Georgia St.

Vancouver, BC

V6B 0M3

204.832.2133

[email protected]

© TELUS. All rights reserved.