Please read these Terms of Use carefully prior to using grainswest.com (the “Website”).  Access to and use of the Website both within Canada and internationally is provided by GrainsWest on the following terms.

• By using the Website you agree to be bound by these terms of use and GrainsWest’s privacy policy, which shall take effect immediately on your first use of the Website. If you do not agree to be bound by all of the following terms or our privacy policy, please do not access, use and/or contribute to the Website.

GrainsWest reserves the right to change these terms and the privacy policy at any time and, accordingly, we recommend that you check these terms and the privacy policy regularly. Your continued use of the Website will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using the Website.

Privacy Policy

GrainsWest is committed to safeguarding the personal information entrusted to us, and has therefore adopted a privacy policy. We manage your personal information in accordance with Alberta’s Personal Information Protection Act and other applicable laws. This policy outlines the principles and practices we follow in protecting your personal information.

 

What is personal information?

Personal information means information about an identifiable individual. This includes an individual’s name, home address and phone number, age, sex, marital or family status, an identifying number, financial information, educational history, etc.

 

What personal information do we collect?

You can visit our website without telling us who you are or revealing any information about yourself, including your email address. Our web server may collect information related to your visit to our website, including the IP address and domain used to access our website, the type and version of your browser, the website you came from to access our website, the page you entered and exited at, any website page that is viewed by that IP address and what country you are from. We use this information to monitor our website’s performance (such as number of visits, average time spent, page views) and for our business purposes such as working to continually upgrade our website. In addition, we collect the personal information that you submit to our website, such as your name, address and any other contact or other information that you choose to provide by:

• using the “Contact Us” portion of the Website;
• entering a contest on the Website;
• corresponding with a representative of GrainsWest via email, using the hyperlinks created for that purpose;
• submitting a comment on a forum available on the Website; and/or
• registering to receive newsletters.

Where you request information from us, we may use the email address that you provide to send you information that we believe may be of interest to you. If you have asked us to put you on an email mailing list to provide you with certain information on a regular basis, or if we send you information by email, you may ask us to remove you from the list at any time (using the unsubscribe instructions provided with each email and on the site where you signed up).

 

How do we use cookies?

When you visit the website, we may place a “cookie” on the hard drive of your computer to track your visit. A cookie is a small data file that is transferred to your hard drive through your web browser that can only be read by the website that placed the cookie on your hard drive. The cookie acts as an identification card and allows our website to identify you and to record your passwords and preferences. The cookie allows us to track your visit to the website so that we can better understand your use of our website so that we can customize and tailor the website to better meet your needs. Most web browsers are set to accept cookies. However, on most web browsers you may change this setting to have your web browser either: (1) notify you prior to a website placing a cookie on your hard drive so that you can decide whether or not to accept the cookie; or (2) automatically prevent the placing of a cookie on your hard drive.

Third-party links

From time to time we might have links to other websites from the Website. We do not control, and therefore cannot be responsible for, the collection, use or disclosure of your information by any such third-party website. Please carefully review the privacy policy of any third-party website that you link to from the Website. The privacy policies of such websites might differ from that of our Website; therefore, we encourage you to review and understand the privacy policies of such websites before providing them with any information.

Consent

By using the Website, we assume that you have consented to the collection, use and disclosure of your personal information as explained in these terms and privacy policy.

You may change or withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice, by contacting our Privacy Officer using the contact information set out below. In some circumstances, a change in or withdrawal of consent may severely limit our ability to provide products or services to you. All communications with respect to such withdrawal or variation of consent should be in writing and addressed to our Privacy Officer.

How is your personal information protected?

GrainsWest endeavours to maintain physical, technical and procedural guards that are appropriate to the sensitivity of the personal information in question. These guards are designed to prevent your personal information from loss and unauthorized access, copying, use, modification or disclosure.

Unfortunately, no data transmission over the Internet can be guaranteed to be 100 per cent secure. As a result, while the Website strives to protect your personal information, we cannot warrant the security of any information you transmit to us, and you do so at your own risk.

It is important that the information contained in our records is both accurate and current. If your personal information happens to change during the course of our relationship, please keep us informed of such changes.

In some circumstances, we may not agree with your request to change your personal information and will instead append an alternative text to the record in question.

 

Disclosure of personal information

We do not sell, trade or otherwise transfer to outside parties your personal information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce the Website policies, or protect ours or others’ rights, property or safety.

 

Questions or concerns

If you have any questions about this privacy policy or concerns about how we manage your personal information, please contact us by telephone, in writing or by email as follows:

GrainsWest
6815 – 8^th Street NE, Deerfoot Atrium North
Calgary, Alberta T2E 7H7

Phone: (403) 291-9111
Fax: (403) 291-0190
Toll Free in Alberta: (800) 265-9111
E-mail: info@grainswest.com

We will endeavour to answer your questions and advise you of any steps taken to address the issues raised by you. If you are dissatisfied with our response, you should contact the Information and Privacy Commissioner of Alberta.

 

Intellectual Property

• All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Website and all content, including, without limitation, all logos, designs, text, copy, graphics or videos, located on the Website shall remain solely and exclusively vested in GrainsWest, its licensors or affiliates.
• You may not copy, reproduce, distribute, publish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use the Website content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any of the Website’s content except for your own personal, non-commercial use.  Any other use of the Website’s content requires the prior written permission of GrainsWest and is strictly prohibited.
• The names, images and logos identifying GrainsWest or third parties and their products and services are subject to copyright, design rights and trademarks of GrainsWest and/or third parties. Nothing contained in these terms shall be construed as conferring any licence or right to use any trademark, design right or copyright of GrainsWest or any other third party.

 

Submissions

• By submitting, disclosing, or offering any review, photograph, image, video, sound, comments, feedback, suggestions, ideas, notes, and other information, content or material, or other item (each, a “Submission”) to GrainsWest, either online or offline and whether or not solicited by GrainsWest, you hereby grant to GrainsWest an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your Submission and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film or electronic storage devices), and the exclusive right to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise exploit all such materials on commercial websites, without compensation of any kind to you or any third party.
• You hereby represent and warrant that (a) you have all necessary rights, power and authority to grant the licence set forth herein to your Submission, and (b) your Submission does not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party.
• Publication or use of any Submission is at the sole discretion of GrainsWest and GrainsWest is under no obligation to publish or use any Submission. If your Submission is published, used and/or posted on the Website or otherwise used by GrainsWest, we may include your name, likeness, photo or biographical information in conjunction with such publication, posting, or use. By submitting, disclosing, or offering a Submission, you hereby grant GrainsWest the right to use your name in connection with the publication, use or posting of your Submission. You must include your full name and email address with your Submission so we can contact you if we have any questions about your Submission; however, only your name and not your email address will be published with your Submission.

 

User Conduct

• The Website might include discussion forums or other interactive areas, including, but not limited to, bulletin boards and exchange areas. All such forums and interactive areas shall be used only for non-commercial purposes. You are solely liable for any material you upload or transmit to the discussion forums or interactive areas of the Website.
• You agree to use the Website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Website. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Website.
• You agree not to use the Website to do any of the following:

1. Upload, post, email, transmit, distribute or otherwise publish any message, information, text or other material (“Material”) that may be considered to be unlawful, harmful, libellous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
2. Upload or transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, national or international law;
3. Upload, email, transmit, or otherwise make available any Material that might infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
4. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
5. Without GrainsWest’s written permission, distribute, publish or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam and chain letters;
6. Harm minors in any way; or
7. Upload, post, email, transmit or otherwise make available any Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

 

Disclaimers and Limitation of Liability

• The Website content, including the information, names, images, pictures, logos and icons regarding or relating to GrainsWest, its products and services (or to third-party products and services), is provided “AS IS” and on an “AS AVAILABLE” basis. To the extent permitted by law, GrainsWest excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. GrainsWest does not guarantee the timeliness, completeness or performance of the Website or any of the content. While we try to ensure that all content provided by GrainsWest is correct at the time of publication, no responsibility is accepted by or on behalf of GrainsWest for any errors, omissions or inaccurate content on the website.
• GrainsWest shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of the Website regardless of the form of action.
• GrainsWest does not warrant that functions available on the Website will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

Indemnification

• You agree to defend, indemnify and hold harmless GrainsWest, its affiliates, and all of their officers, directors, agents, suppliers and licensors from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of the Website or any Materials or Submissions you provide, including, but not limited to, any claim by a third party that any Materials or Submissions infringe or violate such third party’s rights or interests.

Termination

• GrainsWest reserves the right, without notice and in its sole discretion at any time, to terminate your license to use the Website, to block or prevent future access to and use of the Website, and to remove and discard any Materials and/or Submissions.

 

General

• If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any province or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
• The failure or delay of GrainsWest to exercise or enforce any right in these terms does not waive GrainsWest’s right to enforce that right.
• These terms shall be governed by and interpreted in accordance with the laws of the Province of Alberta, which shall have exclusive jurisdiction over any disputes.