This Website Use Agreement (the “Agreement”), in conjunction with the Legal Notices and disclaimers of liability (the “Legal Notices”) and Privacy Policy posted on https://cst.org/en/savings/ (the “Website”), govern your electronic access to and use of your CST Account and certain information (collectively the “Services”) on the Website.

The Services are provided by C.S.T. Savings Inc. (“CST Savings”),   and the Canadian Scholarship Trust Foundation (the “Foundation”) (collectively “CST”, “we” or “us”) for the purpose of providing access to information about your Canadian Scholarship Plan (“CST Plan”) account(s) (meaning CST  Advantage Plan, Group Savings Plan, Founders’ Plan, (collectively, the “Group Plans”), the Canadian Scholarship Trust Family Savings Plan,  or the Canadian Scholarship Trust Individual Savings Plan, (each a “CST Plan” and collectively the “CST Plans”)), or opening or making certain modifications to the foregoing.

By using the Services, you are deemed to (a) unconditionally agree to be bound by and to comply with this Agreement; and (b) represent and warrant that you are the holder of a CST Plan account (a “CST Plan Account”) 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 CST or, for Group Plans only, are the beneficiary of a holder of a CST Plan Account. IF YOU DISAGREE WITH ANY ASPECT OF THIS AGREEMENT, YOUR SOLE RECOURSE IS TO NOT USE THE SERVICES.

Accessing and/or using any of the Services is the equivalent of your signature and indicates your acceptance of this Agreement and that you intend to be legally bound by the Agreement.

You agree that it is solely your responsibility to ensure that your access to and use of the Services complies with the laws of your jurisdiction. We make no representation that the Services are appropriate for use outside Canada.

You are responsible for all software, hardware, services (such as Internet service), and equipment necessary to access and use the Services, including all related expenses, if any.

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

We hereby grant you permission to use the Services as set forth in this Agreement, provided that: (a) you use the Services in accordance with all applicable laws; and (b) your use will otherwise comply with this Agreement.

You must create a password made up of lowercase and uppercase letters, as well as numbers and special characters, following industry-leading complexity rules (the “Password”) which, in conjunction with your Username, identifies you to CST. 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. We encourage you to periodically update your Password, even if not compromised, to enhance the security of your CST Plan Account.

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. Do not use common expressions, song titles or lyrics, movie titles, or quotes.

If you know or suspect that someone else may know your Password, you agree to immediately change your Password and contact CST Savings by calling 1-877-333-7377.

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

Multi-factor authentication is a modern and more secure way of protecting your online CST Plan Account.

We use multi-factor authentication to enhance the security of your CST Plan Account by ensuring that only you can access your CST Plan Account, even if someone else knows your password. When you log in to a secure website using your username and password, you will also receive a verification code via text or voice call. This code is necessary to gain access to your CST Plan Account, ensuring that only you can log in. If you enter the verification code incorrectly a few times, your CST Plan Account will be locked. In such a situation, you need to contact CST Savings by calling 1-877-333-7377 to regain access to your CST Plan Account.

The Services enable you to electronically update certain information relating to your CST Plan Account, such as your contact or banking information.

If you wish to electronically update your CST Plan Account 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 CST will rely on, any information you provide through the Services. You agree that CST is not responsible for any inaccurate or incomplete information you provide through the Services, or for any losses that you may incur because of such inaccurate or incomplete information.

We encourage you to review and update your CST Plan Account information regularly, at least once every year, to ensure accuracy.

Documents relating to your CST Plan Account are stored on our secure site and are accessible only by authorized personnel. The Services enable us to electronically notify you regarding the availability of these documents and direct you to the secure site 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 CST Plan Account information. Remember that the security of email communication cannot be guaranteed.

·      Application forms and other account opening documents

·      Education Savings Plan Agreements

·      Trade confirmations

·      Annual statements

·      Tax reporting slips

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

The Services also enable us to electronically notify you regarding the availability of other documents relating to the investments you hold. Examples of this information include:

·      Prospectus and other offering documents

·      Semi-Annual Fund Financial Statements

·      Audited Fund Financial Statements and Management Reports on Fund Performance

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 prohibited. Violating these conditions may lead to user account suspension or termination and potential legal action.

When using the Services, you agree not to:

a)            upload, post, email or otherwise transmit any material that:

·      constitutes unsolicited or unauthorized advertising, promotional materials, or any other form of unauthorized solicitation;

·      infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

·      infringes on the privacy, personality, or other similar rights of any person, living or deceased;

·      is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; or

·      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 Websites and Services without the express consent of such users;

c)            submit false information, mislead others, create a false identity, or user profile, or otherwise manipulate identifiers to disguise the origin of any post or material transmitted through the Websites;

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

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

f)             use the Services in any manner that could disable, overburden, damage or impair the Services or interfere with any other party’s use of the Services including their ability to engage in real time activities through the Services;

g)           use the Services in any manner that promotes and/or enables illegal or unlawful activities; and

h)           advocate, encourage, or assist any third party in doing any of the foregoing.

The foregoing is merely a list of examples of prohibited conduct. We reserve the right to cancel a user account or take other appropriate actions in our sole discretion in response to any inappropriate conduct, or for no reason at all.

Unauthorized use, such as is set out above, is a material breach of this Agreement, and may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

You hereby represent and warrant to us that you will utilize the Services and any Content, Data or other information provided to you thereby in accordance with applicable laws, being those laws applicable to the Services and those laws that are applicable in accordance with the jurisdiction where you are located. The foregoing obligation includes, but is not limited to, compliance with privacy and data security laws.

Although we make reasonable efforts to update the information on our Services, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Services is accurate, complete, or up to date. Your use of the Services is at your own risk and neither CST nor its directors, officers, employees, agents, service providers, contractors, licensors, licensees, successors, or assigns, have any responsibility or liability whatsoever for your use of the Services.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to or from the Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in the Services.

If you violate the Agreement, your authorization to use the Services may automatically terminate, at our discretion. Upon termination, you must immediately destroy any copies you have made of any portion of the content.

You understand and agree that the Services and their entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by CST, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. Our name, logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of CST or its licensors. All of our trademarks are protected by Canadian law and other applicable foreign laws. All other trademarks, service marks, company names or company logos, as used or referenced in the Services, are the property of their respective owners.

Should you provide any feedback or commentary to us relating to the Services, our business or otherwise (collectively the “Feedback”) you hereby assign all rights, title and interest in and to such Feedback to us, including but not limited to all intellectual property rights therein and relating thereto, and you further hereby waive all moral rights therein in our favour. We reserve the right to utilize such Feedback in any manner or to decline to utilize the Feedback in any manner, at our sole discretion. For clarity, you will not have any rights, title or interest in any use made of the Feedback, including but not limited to, any products or services developed from the Feedback.

The disclaimers and limitations in this section do not apply to liabilities that cannot be excluded under applicable law.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

CST MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS OR (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, NON-INFRINGING, ACCURATE, RELIABLE, COMPLETE OR ERROR-FREE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR DISCRETION AND RISK AND 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.

You agree to indemnify and hold us, our affiliates, employees, directors, and officers, and our licensors and service providers, harmless from any claim or demand, including attorneys' fees, including any made by any third party, as a result of any of the following: (1) any information made available through the Services that is provided by you; (2) any results, harm or damages arising from your use of the Services or information made available through the Services; (3) any violation of any law that occurs due to your use of the Services or information made available through the Services; (4) anything you do using the Services or any information made available through the Services; (5) any breach by you relating to confidentiality, data security, or intellectual property; and (6) your willful misconduct or negligence.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULL EXTENT PERMITTED BY LAW, CST SHALL NOT BE LIABLE FOR DAMAGES (EVEN IF CST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iii) ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES UNDER ANY LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE.

Neither we, nor our affiliates, employees, directors, officers, or our licensors, are or will be liable for any personal injury, including death, attributable to or caused by your use or misuse of the Services or information made available through or in relation to the Services.

IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO OUR SERVICES OR THIS AGREEMENT EXCEED THE SUM OF ONE HUNDRED CANADIAN DOLLARS ($100).

IF YOU ARE DISSATISFIED WITH ANY OF THE SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR SERVICES. THIS LIMITATION APPLIES EVEN IF YOUR REMEDIES UNDER THE AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

Any claims under the Agreement, including any and all arising in connection with your use of the Services, must be brought within one (1) year of the first date of the event giving rise to such claim. Remedies under the Agreement are exclusive and are limited to those expressly provided for in the Agreement.

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

Except for Québec, this Agreement shall be governed by and interpreted by the laws applicable in the Province of Ontario and the laws of Canada applicable therein. For residents of Québec, this Agreement shall be governed by and interpreted by the laws applicable in the Province of Québec and the laws of Canada applicable therein.

Should any provision or part of any provision of this Agreement be deemed invalid by any court, that provision, or portion of the provision, shall be severed and the remaining provisions shall remain intact with the necessary amendments.

The Agreement is not assignable, transferable, or to be sublicensed by you except with our prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without your consent.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and the failure by us to assert any right or provision under the Agreement shall not constitute a waiver of such right or provision.

This Agreement, inclusive of any documents referenced herein, constitutes the complete agreement between us for the Services on the Website, and supersedes and replaces 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 to a breach of this Agreement by you or others does not constitute a waiver and shall not limit our rights to such breach or any subsequent breaches.

It is the express wish of the parties that this Website Use Agreement and all related documents be drawn up in English.

C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to the Services, you may send an email to [email protected].