Conditions of Use
1. General
a) Purpose - This Site is provided for general informational purposes only and does not constitute personalized or specific advice on financial planning, investment, insurance, financial, legal, accounting, tax or similar matters.
b) Conditions of Use – The Conditions of Use contain a number of important obligations, restrictions, notices and disclaimers that apply to this Site, to the use of this Site and to any information which is made available on this Site. By making any use of this Site and/or any of the pages or information made available on this Site, you are agreeing to be bound by all of the provisions of these Conditions of Use and that you will comply with the provisions of these Conditions of Use in respect of all matters regarding this Site. We recommend that you read the entire Conditions of Use carefully. If you do not agree with these Conditions of Use, do not access or view this Site.
c) Other Conditions – In addition to these Conditions of Use, your use of this Site may also be subject to the terms and conditions which may be posted on or applicable to Third Party Sites. See the section below entitled “Disclaimer re Third Party Sites”.
d) User - These Conditions of Use apply to all persons who use this Site, or who attempt to do so, whether or not they are authorized by Investors Group. Such a person is referred to in these Conditions of Use as “User” or “you”.
e) Definitions – In these Conditions of Use:
- “includes” and “including” means including without limiting the generality of the foregoing;
- “Investors Group” means Investors Group Inc. and/or any of its subsidiary corporations;
- “Site” means this website, having the URL http://www.investorsgroup.com
- “Third Party Sites” means websites which are owned, maintained or controlled by third parties (and not by Investors Group) to which links are provided from this Site;
- “use” includes access, view or copying, whether in whole or in part;
- captions and headings are inserted for convenience only, and are not to be used as an aid in the interpretation of these Conditions of Use.
f) Changes to Conditions of Use - Changes may be made by Investors Group to these Conditions of Use at any time by updating this posting. We strongly recommend that you review these Conditions of Use regularly, and your continued use of this Site means that you agree to any changes made. Notice of such changes may be given to you whether on this Site or separately, but the failure to give such notice does not relieve you of any responsibility to review these Conditions of Use or from being bound by the provisions of these Conditions of Use as amended.
g) Proper Law - This Site and its content are administered by Investors Group from its offices in Canada. This Site, its content, these Conditions of Use and your use of this Site are all governed by the laws of the Province of Manitoba and the laws of Canada as applicable therein, without giving effect to any conflict of laws principles. You agree that all questions and disputes regarding this Site and your use thereof will be decided exclusively by the courts of the Province of Manitoba.
h) Investors Group and MRS - Investors Group - Investors Group is a Canadian leader in providing personal financial planning services, and is dedicated to building lasting client relationships. Through its subsidiary corporations, Investors Group offers financial planning, a unique family of mutual funds and a comprehensive range of other investment products and financial services, including Registered Retirement Savings Plans, Registered Retirement Income Funds, Deferred Profit Sharing Plans, life and disability insurance, Guaranteed Investment Certificates and mortgages. Mutual funds are distributed by Investors Group Financial Services Inc. (in Quebec, a financial services firm). Self-directed RRSPs and brokerage services are offered by Investors Group Securities Inc. (in Quebec, a firm in financial planning) Insurance products are distributed by I.G. Insurance Services Inc. (in Quebec, a financial services firm). Mortgages are arranged by I.G. Investment Management, Ltd. M.R.S. Inc. - Certain funds may be listed on this Site with the suffix “-MRS”. This is a reference to M.R.S. Inc. (“MRS”). Investors Group has retained MRS to provide services as a carrying dealer for certain mutual funds distributed by Investors Group (being the ones identified with “-MRS”). The services of this carrying dealer include trade execution, settling of trades, custody of clients’ cash and/or securities, and reporting to clients including account statements, trade confirmations and tax reporting. MRS is a wholly-owned subsidiary of Mackenzie Financial Corporation. Investors Group and Mackenzie Financial Corporation are both owned by IGM Financial Inc.
i) More Information - If you have any questions or concerns regarding this Site, please contact:
Investors Group Inc.
One Canada Centre
447 Portage Avenue
Winnipeg, Manitoba
R3C 3B6
Attention: Corporate Communications or by email at corporatecommunications@investorsgroup.com.
2. Ownership
a) Ownership of Site - This Site is owned and operated by Investors Group.
b) Copyright - © Investors Group Inc. 2008 All rights reserved. Except where expressly stated otherwise:
(i) this Site and all information which is available on this Site is the property of Investors Group, and is subject to the exclusive copyright held by Investors Group Inc.; and
(ii) unless otherwise specified, no person has permission to copy, redistribute, modify, reproduce or republish in any form any information found on this Site. This includes electronically reproducing by “uploading” or “downloading” or accessing onto the Internet or any other local or international computer system. Any infringement of the rights of Investors Group will result in appropriate legal action.
c) Trademarks - This Site contains names, words, titles, marks, logos, icons, trade names, brand names, designs, domain names or other content which may constitute registered or unregistered trademarks or service marks (which are collectively referred to in these Conditions of Use as “Trademarks”.) The Trademarks are protected by Canadian and foreign trademark laws. All rights reserved. Trademarks are owned by IGM Financial Inc. and licensed to its subsidiary corporations, including Investors Group Inc., or are owned by third parties who have granted licences to Investors Group to use them.
d) Licence to view –You are hereby granted a limited licence to use, to display on your computer, to download and to print the text and images which are available on this Site, solely for non-commercial, personal or educational purposes provided that the contents of this Site are not modified in any way. This licence is personal to you, and may not be assigned, transferred or sub-licensed to any other person. Where any of the images or text on this Site are downloaded, copied, stored or printed they are still subject to these Conditions of Use and you will ensure that all copyright and trademark notices are retained. The contents of this Site may be changed at any time without notice to you. If you require further information on a permitted use or licence to reproduce or republish any material located on this Site, please contact the Corporate Communications department at the address found above.
3. Use
a) No improper use – This Site and its content may be used only for the limited purposes described in these Conditions of Use. You will not make or attempt to make any other use thereof. You will not abuse in any way this Site and you will not, and will not attempt to, modify this Site or any of its content, or disrupt or interfere with the availability or operation of this Site.
b) Contract - These Conditions of Use constitute a contract between the User and Investors Group, and Investors Group is entitled to rely upon and to enforce its terms.
c) Accuracy of data – The information, material and content posted on this Site are believed to be reliable when posted. Although best efforts are made to ensure accuracy, there is no guarantee that this information, material and content are accurate, complete or current at all times. Without limiting the generality of the foregoing, there may be typographical errors, or inaccurate or incomplete information resulting from Internet software and/or transmission problems.
d) Report Errors – If any errors are noticed on this Site or in the information which is accessible on this Site, you are requested to immediately advise Investors Group at the address set out above.
e) Third party data - No endorsement or approval of any third parties, or their advice, opinions, information, products or services, is expressed or implied. Investors Group does not review or control, and is not responsible for, any information which is created or supplied by a third party.
f) Disclaimer re Third Party Sites - This Site contains a number of links to Third Party Sites. In addition to these Conditions of Use, your use of Third party Sites may be subject to the terms and conditions which have been posted on or are applicable to the Third Party Sites. The parties who own, maintain or control Third Party Sites are solely responsible for their content, and Investors Group assumes no responsibility for such content. Links to Third Party Sites are provided for convenience only, and are not to be construed as an endorsement or recommendation of the products, services, advice or information which may be available on them. Linking to Third Part Sites is at your own risk and Investors Group is not responsible or liable for any damages in connection with linking.
g) No warranties – All information contained on this Site is provided “as is, where is” without any warranties of any kind. Investors Group and its affiliated corporations and their respective officers employees, agents and contractors make no representations and disclaim all express and implied warranties of any kind including representations, warranties or conditions regarding accuracy, timeliness, completeness, non-infringement, merchantability of fitness for a particular purpose, and assume no responsibility for the consequences of any errors or omissions.
h) Liability – As a User, you assume full responsibility for risk of loss or damage of any nature whatsoever arising from or in connection with use of this Site. You further agree that none of Investors Group, its affiliates, their respective officers, employees, agents and service providers shall be liable for any loss or damage of any nature whatsoever, arising out of or in connection with the use, or the inability to use, this Site or any Third Party Site, regardless of whether Investors Group has been notified of the possibility thereof, and including any claims whether or not foreseeable based on contract, tort, strict liability or other legal or equitable theory. Investors Group is not liable for any action or decision made by you in reliance on this Site or the information contained herein, or any unauthorized use or reproduction of this Site or the information herein.
i) Indemnify IG – As a User, you shall indemnify and save harmless Investors Group and its affiliates for all claims, liabilities, losses and expenses (including legal fees) arising from use of this Site and/or violation of these Conditions of Use.
4. Privacy and Security
a) Investors Group and Privacy - The nature of the business it conducts and the services which it provides to its Clients requires that Investors Group collects and maintains personal information regarding its Clients. Some of this information is about you, your personal financial situation and your personal plans, which is required not only so that Investors Group and your Consultant may make suitable recommendations to you, but also is required to be collected by law or by industry and securities regulators. Investors Group is committed to protecting the privacy and security of all Client personal information that it may collect and maintain in the course of carrying on its business. This includes any information about you which may be collected in connection with this Site. There are steps which you can take to help ensure that your own privacy is protected, some of which are described below.
b) Use Anti-Virus Software - Personal computers are constantly being bombarded by malicious software ("malware") such as:
- viruses and similar software which will impair the functioning of your computer or corrupt or erase data stored on your computer
- software (including what are known as Trojan Horses, worms, and spyware) which allows a stranger to monitor everything that you do on your computer (including viewing your User ID and Password)
- software which allows a stranger to gain control remotely over the use and operation of your computer.
While it has taken reasonable precautions, Investors Group assumes no responsibility that this Site does or does not contain any malware or similar code having contaminating, destructive or intrusive properties. As a User, you acknowledge that you are solely responsible for taking steps to protect your computer from the introduction of malware from any website or location, including this Site and any Third Party Sites. You are encouraged to ensure that adequate precautions have been taken to protect your computer and any data stored on the computer, including the installation and updating of anti-virus software and the regular back-up of data on such computer.
c) User IDs and Passwords – If you are required to utilize a User ID and password for any reason, as a User you are solely responsible for maintaining the security and confidentiality of your User ID and Password. Investors Group shall treat, and shall be entitled to treat, any person who uses your User ID and Password as you. Accordingly, you agree to not disclose or provide your User ID or Password to any other person or to permit any other person to utilize your User ID or Password. Keep your User ID and Password is a safe place free from public view. Do not enter your User ID and password on computers in public locations where others may monitor your typing. If you suspect that someone has learned either your User ID or your Password, you should immediately change your Password.
d) Email – The security of email communications cannot be guaranteed at any time, including any emails which are sent using the facilities made available on this Site. Therefore you are cautioned not to disclose any personal or confidential information in email communications with Investors Group, your Consultant or any other person, and IG cannot accept any responsibility for damages suffered from the transmission of confidential or sensitive information via email or on the Internet. If you wish to communicate or send information of a personal or confidential nature to Investors Group or to any of its Consultants or offices, you are encouraged to do so by more secure means.
e) Cookies – When you log onto the Site, it uses "session cookies" to identify your current session to the web server, and ensure that at all times during your session we are dealing with you. A session cookie stores information only for the length of time that you are connected to the Site and is not written onto your computer’s hard drive. You consent to these cookies being installed on your computer by Investors Group on the foregoing basis. Linking to a Third Party Site may result in the use of ‘session’ cookies” or of “persistent cookies” (which are written onto the hard drive of your computer). Investors Group is not aware of, nor responsible for, the cookies practices of any Third Party Sites, other than it is aware that the Fundlists may utilize session and persistent cookies as is referred to in the section below entitled “Fundlists”.
f) Use of third party service providers - Investors Group may from time to time utilize third party service providers to provide certain tools or software for the operation of this Site or certain hardware and facilities on which this Site may be hosted and maintained. Investors Group will enter into agreements with such third parties which oblige them to maintain the security and confidentiality of all data which they may have access to as a result, including information which may identify a User.
g) Site Visitorship Data/Traffic Analysis - Investors Group may collect information regarding your use of the Site, including the times of logging onto and off of the Site, which pages on the Site you choose to access, the links on this Site which are used and your computer’s IP address. This information may be used for managing and developing the Site, helping to resolve problems, analyzing use of this Site, enforcing the security features of the Site and the provisions of the Conditions of Use, and for the detection of fraud, abuse of this Site and attempts to circumvent the security features of this Site, and of any attempts to do the foregoing. Such information will not be provided to any person other than the affiliates and services providers of Investors Group engaged in the support and maintenance of the Site, and to law enforcement authorities as required.
6. Products and Services
a) Offers - Nothing contained in this Site constitutes an offer to buy or sell products or services of Investors Group or any of its affiliates. All products and services are subject to the terms and conditions of any applicable applications, contracts, prospectuses and laws. Investors Group’s products and services and those of its affiliates are available only in Canada in those jurisdictions where they may be lawfully offered for sale. If you reside in Canada, further information about Investors Group products and services may be obtained by contacting an Investors Group Consultant or office.
b) Prospectuses - Important information about any mutual fund is contained in its Simplified Prospectus, Annual Information Form and in its Management Report on Fund Performance. This includes the fund’s investment objective, purchase options and applicable charges. You can view a copy of these documents on the Investors Group website at www.investorsgroup.com., or at www.sedar.com. All mutual funds are sold by Prospectus. This Site should not be considered an offer to sell or a solicitation to buy any mutual fund or other products or services available from Investors Group.
c) Mutual Fund Performance - Commissions, trailing commissions, management fees and expenses all may be associated with mutual fund investments. Please read the Prospectus before investing. Mutual funds are not guaranteed, their values change frequently and past performance may not be repeated. The performance data provided assumes reinvestment of distributions only and does not take into accounts sales, redemption, distribution or optional charges or income taxes payable by any security holder that would have reduced returns. Mutual funds securities are not covered by the Canada Deposit Insurance Corporation or by any government deposit insurer.
In the case of managed asset programs (such as iProfile™), commissions, trailing commissions, management fees and expenses all may be associated with mutual fund or pool investments and the use of an asset allocation service such as iProfile. Please read the Prospectus of the mutual funds or pools in which investment may be made under the asset allocation service before investing. The indicated rate(s) of return is (are) the historical annual compounded total return(s) assuming the investment strategy recommended by the asset allocation service is used and after deduction of the fees and charges in respect of the service. The return(s) is (are) based on the historical annual compounded total returns of the participating funds including changes in units, value and reinvestment of all dividends or distributions and does (do) not take into account sales, redemption, distribution or optional charges or income taxes payable by any security holder in respect of a participating fund or pool that would have reduced returns. Mutual funds and pools are not guaranteed, their values change frequently and past performance may not be repeated.
In the case of money market funds, there can be no assurances that the fund will be able to maintain its net assets value per security at a constant amount or that the full amount of your investment in the fund will be returned to you. Past performance may not be repeated. Performance information for money market funds is an annualized historical yield based on the seven day period ended on the date shown where the performance information is posted (annualized in the case of effective yield by compounding the seven day return) and does not represent an actual one year return.
d) Mutual Fund Pricing - The value of units or shares of a mutual fund or of Investors Group Corporate Class Inc. are calculated as at the close of business each day (except for units in Investors Real Property Fund, which are calculated twice a month). Subject to any delays as described below, any such unit or share value (and the balances of any mutual fund or share accounts) are shown as of the close of business of the immediately preceding business day.
e) Pricing and Timing - The availability of information regarding account balances or values, or transactions on those accounts, may be delayed by one or both of:
(i) delays in the processing and posting of instructions and orders given to Investors Group or their Consultant; and
(ii) delays in the delivery to Investors Group of data (including the valuation of mutual funds and account balances).
As a User, you are cautioned as a result:
(iii) not to rely on the information which is accessible or viewed on this Site for making any financial or investment decisions, including the purchase, redemption or transfer of investments; and
(iv) to note the date indicated on this Site as of which the posted information is effective.
7. Fundlists
a) Operation - The Fundlists feature available through this Site is provided and operated by globefund.com, a division of CTVglobemedia Publishing Inc. using globefund.com's facilities and resources. Access to the Fundlists, whether creating, amending or reviewing, is actually a hyperlink from this Site to www.globefunddb.theglobeandmail.com, and all interaction with the Fundlists is taking place on that website.
b) Cookies - The operation of a Fundlist necessarily involves the use of session cookies and the introduction by globefund.com of a persistent cookie on the hard drive of your computer so as to allow globefund.com to recognize your computer each time you access the Fundlist feature and so that your personal Fundlist may be displayed. The cookies introduced by globefund.com are unknown to and not accessible by Investors Group.
c) Confidentiality – globefund.com is solely responsible for the operation, including the content, of the Fundlists features and pages. Information relating to the creation or maintenance of Fundlists, including the fact that someone has created a Fundlist and the information contained in that list, is in the possession of globefund.com and is not available to or nor accessible by Investors Group. Investors Group has obtained assurances from globefund.com as to the confidentiality of all information which is provided through this Site, but no guarantee of such confidentiality is made by Investors Group.
d) Questions - Any questions or concerns regarding the operation of Fundlists may be addressed to Investors Group.
8. Termination
a) Termination of Access - Investors Group may terminate your access to this Site at any time without notice. If your access has been terminated and you have any questions, please contact Investors Group at the address designated above.
b) Availability of Site - Investors Group does not warrant that this Site will be available and meet your requirements or that access to this Site will be uninterrupted. Interruptions of availability may occur at any time, without notice, including periods of unavailability required for maintenance or technical reasons.
c) Termination of Site - This Site may be terminated at any time by Investors Group without notice.
