Terms & Conditions
MYEDOCS WEBSITE TERMS AND CONDITIONS OF USE Welcome to the MYEDOCS Website (the "Website"), operated by JTI-Macdonald Corp. (“we”, “us” or “JTI-MC”) for the purpose of providing billing information to its trade partners (individually, a “User” and collectively, the “Users”). For clarity, the term “User” includes a JTI-MC trade partner and any authorized representative (the “Authorized Representative”) assigned by such JTI-MC trade partner in accordance with Section 1 below. Any person who wants to access or use the Website must accept these terms and conditions of use ("Terms of Use") without any modifications. Please read them carefully. BY ACCESSING OR USING THE WEBSITE, USER ACKNOWLEDGES HAVING READ AND ACCEPTED THESE TERMS OF USE, ON BEHALF OF ITSELF AND THE ORGANIZATION THAT THE USER REPRESENTS. IF USER DOES NOT AGREE WITH ALL OF THESE TERMS OF USE, USER MUST NOT ACCESS OR USE THE WEBSITE. We reserve the right to change these Terms of Use at any time. Any such changes will be effective upon posting of a new or modified version of the Terms of Use on our Website. User’s access and use of the Website will be subject to the then current version of the Terms of Use or any other policy or guideline posted or referenced on the Website at the time of such access and/or use. USER’S CONTINUED ACCESS AND/OR USE OF THIS WEBSITE FOLLOWING THE POSTING OF ANY CHANGES WILL CONSTITUTE USER’S ACCEPTANCE OF SUCH CHANGES. IF USER DOES NOT AGREE TO ANY SUCH CHANGES, PLEASE IMMEDIATELY DISCONTINUE USE OF THE WEBSITE. 1. SERVICES DESCRIPTION, REGISTRATION The Website will contain billing and invoicing information that JTI-MC chooses to make available to the User. The Website and its content will be hosted by JTI-MC using one of its service providers, and may be hosted and operated outside of Canada. Any question with respect to the website shall be directed to the User’s usual contact person at JTI-MC from 9AM to 4PM ET, on weekdays excluding holidays observed by JTI-MC. Upon Website registration, each User must provide JTI-MC with accurate and complete registration information and it is User’s responsibility to inform JTI-MC of any changes to that information by contacting us at support-myedocs@jti.com. If JTI-MC believes the information that User provides is not correct, current, or complete, JTI-MC may suspend User access to the Website until the information is brought up to date. During Website registration, each User shall appoint a permanent employee of User to serve as Authorized Representative of the User for the purposes of the Website. The User acknowledges and agrees that the Authorized Representative shall have full authority to act on the User’s behalf in all matters relating to the Website. An Authorized Representative must have a valid password and business email address (personal email addresses shall not be used) (collectively, “User IDs”) to access the Website. User agrees that User IDs must not be shared or transferred within a User or otherwise, and User undertakes to preserve their confidentiality at all times. User agrees to immediately notify JTI-MC (i) if an Authorized Representative ceases to be a permanent employee of the User; (ii) if User appoints a new Authorized Representative in replacement of a former Authorized Representative, or (iii) of any actual or suspected unauthorized access to the Website. Unless otherwise notified by a User, JTI-MC assumes that access to the Website by means of a valid User ID is authorized by the User. Once a employee or former employee ceases to be an Authorized Representative, that individual will have no right to access the Website. Notwithstanding the foregoing, JTI-MC reserves the right to terminate any User ID that JTI-MC reasonably suspects may have been used by an unauthorized representative or improperly. 2. Authorized Representative represents and warrants to JTI-MC that it has obtained his/her employer’s unconditional consent to act as representative of such employer for the purposes of the Website. By accepting these Terms of Use, Authorized Representative consents to JTI-MC’s collection, use and disclosure of Authorized Representative’s personal information for the purposes set forth in the MyeDocs Website Privacy Policy. All such personal information shall be dealt with in accordance with such Privacy Policy. OWNERSHIP AND COPYRIGHT OF WEBSITE CONTENT, TRADEMARKS AND DOMAIN NAMES All materials used or displayed on our Website, including text, graphics, logos, icons, pictures, illustrations, artwork, audio or video clips, underlying HTML, software codes, Meta-tags as well as the collection, arrangement, and assembly of such materials (“Website Content”), are owned or used under license by JTI-MC and are protected by copyright, trademark or other applicable laws. User is hereby authorized to display the Website Content on User’s computer in a web browser as part of the expected and ordinary use of the Website by User, and to print off a copy of such Website Content from the web browser where the Website permits User to do so for its own private use. User may not copy or use the Website Content in any other manner or for any other purpose. In particular, User may not (i) modify, sell, reproduce, distribute, retransmit, publish, display, prepare derivative works based on, re-post or otherwise use any of the Website Content or underlying ownership rights or copyrights without the prior written consent of JTI-MC; (ii) remove or alter any visible or non-visible identification, marks, notices, or disclaimers. In the event that User wishes to use the Website Content for purposes other than personal use, or to modify the Website Content, please contact us by sending an e-mail to support-myedocs@jti.com. JTI, MACDONALD logos and trademarks appearing on our Website are trademarks used under license by JTI-MC (the “Trademarks”). The Website may also contain other trademarks owned or controlled by third parties (“Third Party Marks”). User’s use of and the content of the Website should not be construed as granting, by implication or otherwise, any license to use the Trademarks or Third Party Marks without the prior written consent of the owner or the owners of the Third Party Marks. User may not frame or utilize framing techniques to enclose any Website Content, Third Party Content, Trademarks, Domain Names and Third Party Marks or other proprietary information without our written consent. User may not use any Meta-tags or any other "hidden text" utilizing our name, the Trademarks or the Third Party Marks without our express written consent or the express written consent of the owners of the Third Party Marks, as the case may be. 3. USE OF WEBSITE User agrees to use the Website for lawful purposes only. User will not use the Website, or allow others to use the Website, to: (i) download, e-mail, post, make available, provide access, or otherwise transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, hateful, or racially, ethnically or otherwise objectionable, including but not limited to any materials which encourage conduct that would constitute a criminal offence or civil liability, infringe other's intellectual property or other rights, disclose private or personal matters concerning any person, or otherwise violate any applicable local, provincial, national or international law; (ii) e-mail, post, make available, provide access, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (iii) upload, e-mail, post, make available, provide access, or otherwise transmit on the Website any material that contains software viruses, worms, "Trojan Horses", or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) interfere with or disrupt the Website or servers or networks connected to the Website, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, engaging in "denial of service" attacks, "spamming", "crashing", or "mail-bombing" the Website or disobeying any requirements, procedures, policies or regulations of networks connected to the Website; (v) use the Website for any public or commercial purposes, without the express prior written permission of JTI-MC; (vi) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website; or (vii) collect or store personal data about other Users. User agrees not to access the Website from any territory where its use or content is illegal. User agrees that JTI-MC is not responsible for compliance with applicable foreign local laws. 4. WEBSITE PRIVACY POLICY Please click here to see and review the MyeDocs Website Privacy Policy (“Privacy Policy”) governing the collection, use, storage and disclosure of User’s and Authorized Representative’s personal information. 5. MODIFICATIONS TO THE WEBSITE JTI-MC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Website and to restrict or prohibit access to it, without notice. User agrees that we shall not be liable to User or to any third party for any modification, suspension or discontinuance of the Website. JTI-MC reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Website at any time without notice, but confirms that it has no obligation to do so. 6. HYPERLINKS This Website may contain hyperlinks to Websites operated by parties other than JTI-MC. These hyperlinks do not imply any endorsement by JTI-MC of or any affiliation with or endorsement by JTI-MC of the hyperlinked website. User’s access and use of such third party sites, including any information, material, products and services therein, is solely at User’s own risk. 7. DISCLAIMER THE WEBSITE, THE WEBSITE CONTENT AND THIRD PARTY CONTENT, ARE PROVIDED ON A "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED. THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. JTI-MC MAKES NO PROMISES ABOUT THE SECURITY, RELIABILITY, TIMELINESS, CORRECTNESS OR ACCURACY OF THE WEBSITE AND ITS CONTENTS OR ITS SUITABILITY FOR ANY PURPOSE WHATSOEVER. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, JTI-MD exclude all warranties. 8. LIMITATION OF LIABILITY IN NO EVENT SHALL JTI-MC, AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY LOSSES OR DAMAGES, OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR: (i) LOSS OF PROFITS, INCOME, REVENUES, OR OPPORTUNITIES; (ii) BUSINESS INTERRUPTION; (iii) FAILURE TO REALIZE SAVINGS; (iv) PROPERTY DAMAGE AND PERSONAL INJURY; (v) VIRUSES, MALWARE, WORMS OR OTHER HARMFUL COMPONENTS OR SECURITY BREACHES; (vi) DATA CORRUPTION, DATA LOSS, OR LOSS OF ACCESS TO DATA, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; (vii) LOSS OF GOODWILL OR OTHER INTANGIBLE LOSSES. EVEN IF JTI-MC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHETHER RESULTING FROM TORT OR CONTRACT LAW OR OTHERWISE. 9. INDEMNIFICATION User is responsible and liable for: (a) any breach of User’s or its Authorized Representative’s representations, warranties, covenants or obligations under these Terms of Use and for the consequences of such breach, including any resulting loss or damage incurred by JTI-MC, its affiliates and subsidiaries; (b) any and all activities that occur under User’s registration to the Website and under the User IDs; (c) maintaining the security, confidentiality and restricted authorized use of all User IDs; and (d) any and all actions and omissions by User, any of User’s personnel and/or other persons and entities under the control of User or for whose actions User may otherwise be held liable; it being understood and agreed that all such third-party actions and omissions, which, if committed by User would constitute a breach of these Terms of Use shall constitute a breach hereof as if directly committed by User. User hereby agrees to indemnify, defend and hold harmless JTI-MC, its affiliates and subsidiaries and their respective officers, directors, shareholders, employees, agents, representatives and advisors from and against any claims, losses, judgments, damages, costs and expenses (including, without limitation, reasonable legal fees), incurred by any of the foregoing parties due to or resulting from use or access by User or any person accessing the Website, the Website Content or the Third Party Content on behalf of User or violation of these Terms of Use by any such persons. User will assist and co-operate as fully as reasonably required by the foregoing parties in the defense of any such claim or demand. 10. APPLICABLE LAW These Terms of Use will be governed by the laws of the Province of Ontario and the applicable Federal laws of Canada. Any dispute between JTI-MC and User arising from, connected with or relating to the Website, these Terms of Use, or any related matters must be resolved exclusively before the courts of Ontario, Canada, and User irrevocably submits and consents to the exclusive jurisdiction of those courts in respect of all such disputes. 11. ENTIRE AGREEMENT These Terms of Use include and incorporate by reference all notices, policies, disclaimers and other terms and conditions contained on the Website, including the MyeDocs Website Privacy Policy (collectively, the “Additional Terms”). These Terms of Use, including the Additional Terms, as they may be amended from time to time, constitute the entire agreement between User and JTI-MC relating to access and use of the Website and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties with respect to such subject matter. These Terms of Use may not be amended or modified except in writing or by making such amendments or modifications available on this Website. 12. ASSIGNMENT User may not assign or otherwise transfer its rights, duties or obligations hereunder. 13. SEVERABILITY If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. 14. NO WAIVER JTI-MC will not be considered to have waived any of its rights or remedies described in these Terms of Use unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms of Use. 15. TERMINATION These Terms of Use are effective until terminated or replaced by JTI-MC, with or without cause, in our sole and exclusive discretion. JTI-MC may refuse to grant User access to the Website if User fails to comply with any of the Terms of Use. We also reserve the right to terminate or suspend User’s access and use of the Website or any portion thereof at any time, for any reason, with or without cause. Any such termination by us shall be in addition to, without prejudice to such rights and remedies as may be available to us, including injunction and other civil or equitable remedies or relief. If these Terms of Use or User’s permission to access or use this Website are terminated for any reason, then (a) these Terms of Use will nevertheless continue to apply and be binding upon User and any Authorized Representative, jointly and severally, in respect of prior access to or use of this Website and anything connected with, relating to or arising therefrom. Should User wish to terminate the Website account, please notify us by e-mail at support-myedocs@jti.com. Sections 2, 8, 9, 10 and 11 of these Terms of Use shall survive the termination or expiry of these Terms of Use. 16. RIGHTS All rights not expressly granted herein are reserved. 17. LAST UPDATE These Terms of Use were last updated on June 2015. 18. HEADINGS The headings used in these Terms of Use are included for convenience only and have no legal or contractual effect. 19. CONTACT Questions, comments or any violations reports should be sent to JTI-MC by e-mail to:support-myedocs@jti.com.