Terms of Use

WELCOME TO DELLFINANCIALSERVICES.CA! This website is maintained by Dell Financial Services Canada Limited. and/or its affiliates ("DFS", "we" or "us"), to provide you with access to your account information, information about various products and services offered by DFS and to facilitate communication with DFS. The words "you", "your" and “Customer” mean you, the user of this website and/or customer of DFS. If Customer is a small or medium business, enterprise or government/public sector customer, “you”, “your” and “Customer” will refer collectively to such entity and the individual using the website on the entity’s behalf. In such circumstances, by accessing the Website or clicking on the I Accept button, you, the individual, absolutely and unconditionally represents and warrants to DFS that you: (i) are an employee of the Customer; (ii) have the authority to bind the Customer, and (iii) have been authorized by the Customer to access the Website on behalf of the Customer to view the information contained in the Website; (iv) are not accessing the Website for any other reason. WARNING: IF THE FOREGOING REPRESENTATIONS AND WARRANTIES ARE UNTRUE IN ANY RESPECT, YOU MUST IMMEDIATELY EXIT FROM, AND REFRAIN FROM RETURNING TO, THE WEBSITE. FAILURE TO DO SO MAY RESULT IN LEGAL PROSECUTION AGAINST YOU TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. You, for yourself individually and the Customer, agree to notify us immediately in the event you become aware of that any third party has gained access to the Website with your Logon ID. BY SCROLLING THROUGH THIS AGREEMENT AND CLICKING THE "I ACCEPT" BUTTON BELOW, AND BY ACCESSING AND USING THE INFORMATION AND SERVICES ON THE WEBSITE, YOU ACCEPT THE TERMS AND CONDITIONS BELOW.

1. GENERAL OPERATION OF THE WEBSITE

1.1 "dellfinancialservices.ca" is a specific account information protected website (referred to in this Agreement as the "Website") operated by DFS. You may only use the Website to access your account information, information about products and services and to facilitate communication with DFS. DFS, without notice to you, may at any time, in its sole discretion, eliminate, suspend or change some or all of the services provided to you through the Website.

1.1 "dellfinancialservices.ca" is a specific account information protected website (referred to in this Agreement as the "Website") operated by DFS. You may only use the Website to access your account information, information about products and services and to facilitate communication with DFS. DFS, without notice to you, may at any time, in its sole discretion, eliminate, suspend or change some or all of the services provided to you through the Website.

1.2 By accessing or otherwise using the Website, you agree to comply with all of the terms and conditions in this Agreement. This Agreement may be amended by DFS at any time by posting and highlighting the amended terms on the Website. The amended Agreement shall be effective immediately upon being posted on the Website. Your use of the services on the Website or access thereto will be deemed acceptance of the amended terms and conditions. You are responsible for reviewing these terms and conditions every time you use the Website.

1.3 You agree that you shall not use the Website and/or the information obtained through the use of the Website for any purposes other than those contemplated by this Agreement.

1.4 You confirm that you have investigated the Website's security system, and that you have instituted proper controls for access to the Website through your computers. The Website has been designed through the use of account specific identification information to minimize the possibility of unauthorized access. Notwithstanding the use of the above and other security procedures, it may be possible for an unauthorized party to gain access to the Website. DFS does not represent and warrant that its security procedures will prevent unauthorized access to the Website and/or the loss or alteration of the information transmitted to or from the Website. You are solely responsible for (i) obtaining, configuring and maintaining all computer hardware, software and other equipment and services necessary for you to access and use the Website; (ii) preventing the receipt and transmission of any virus, Trojan horse, worm or other disruptive or destructive component; and (iii) maintaining an up-to-date backup copy of all the information contained on your computer system prior to accessing the Website.

1.5 DFS does not represent and warrant that the information on the Website is complete, accurate or otherwise free from error.

1.6 DFS may establish links between the Website and one or more web sites operated by third parties. DFS does not control such web sites and is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. The existence of such links does not constitute an endorsement by DFS of the contents of such web sites or the operators thereof.

1.7 You have "self-registered" for your access to the Website by inputting select data from the invoice(s) sent by us to you and setting up your user I.D. and password (collectively, "Logon ID"). By accessing the Website, you absolutely and unconditionally represent and warrant to us that you are an employee of the Customer and have been authorized by the Customer to access the Website on behalf of the Customer to view the information contained in the Website and you are not accessing the Website for any other reason. WARNING: IF THE FOREGOING REPRESENTATIONS AND WARRANTIES ARE UNTRUE IN ANY RESPECT, YOU MUST IMMEDIATELY EXIT FROM, AND REFRAIN FROM RETURNING TO, THE WEBSITE. FAILURE TO DO SO MAY RESULT IN LEGAL PROSECUTION AGAINST YOU TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. You, for yourself individually and the Customer, agree to notify us immediately in the event you become aware of that any third party has gained access to the Website with your Logon ID.

1.8 As soon as practical, you agree to notify us in the event that (i) you become aware that your Logon ID may have been disclosed to a third party without approval, (ii) you believe that a third party may be seeking to obtain access to the Website with your Logon ID, (iii) you become aware of any unauthorized activity concerning the Website; or (iv) any third party gains or has the potential to gain access to your Logon ID. Upon receipt of a notice in accordance with this paragraph, we shall take whatever measures we deem necessary to protect the integrity and security of the Website. You shall be solely responsible for protecting the confidentiality of your Logon ID. You agree that we may periodically request that you modify your password. You agree to accept full responsibility for the acts and omissions of any third party or employee that accesses your account, including, without limitation, any portion of your account through use of your Logon ID as if such acts and omissions were committed directly by you. You agree not to circumvent or attempt to circumvent any access restrictions of the Website.

1.9 Notwithstanding anything to the contrary set forth in this Agreement, we may, in our sole discretion, deactivate your Logon ID at any time without liability to you or any third party.

2. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.

2.1 YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND THE CONTENTS THEREIN ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND DFS DOES NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, CONDITIONS OR WARRANTIES, EXPRESS, STATUTORY OR IMPLIED (THE "DISCLAIMED STATEMENTS"), REGARDING THE WEBSITE OR ITS CONTENTS, INCLUDING, WITHOUT LIMITATION (I) OF QUALITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES; (II) ARISING FROM COURSE OF DEALING, TRADE USAGE, OR COURSE OF PERFORMANCE; OR (III) OF TIMELINESS, ACCURACY, COMPLETENESS, RELIABILITY OF THE CONTENT OF THE WEBSITE AND ANY INFORMATION PROVIDED THROUGH THE WEBSITE UNDER THIS AGREEMENT, OR THAT THIS CONTENT OR INFORMATION OR THE USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DFS DISCLAIMS ANY WARRANTY REGARDING THE PROFITABILITY OF ANY TRANSACTION EXECUTED ON THE WEBSITE OR THE RESULTS TO BE OBTAINED FROM THE USE OF THE INFORMATION ON THE WEBSITE.

2.2 UNDER NO CIRCUMSTANCES SHALL DFS OR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES (INCLUDING DELL CANADA INC.), OR ANY OF THEIR RESPECTIVE MEMBERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (THE “DFS PARTIES”), BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR (II) LOSS OF DATA, LOSS OF USE, LOSS OF PROFIT, LOSS OR REVENUE OR LOSS OF INCOME IN RESPECT OF OR ARISING OUT OF THIS AGREEMENT OR YOUR ACCESS, USE, OR THE INABILITY TO ACCESS OR USE THE WEBSITE. IN NO EVENT WILL THE DFS PARTIES’ TOTAL MAXIMUM CUMULATIVE LIABILITY TO YOU IN RESPECT OF OR ARISING OUT OF THIS AGREEMENT OR YOUR ACCESS, USE, OR THE INABILITY TO ACCESS OR USE THE WEBSITE EXCEED: (I) THE AMOUNT OF MONEY PAID BY YOU TO DFS IN RESPECT OF YOUR ACCESS AND USE OF THE WEBSITE, OR, (II) $30CAD WHERE NO MONEY IS PAID BY YOU TO DFS. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU MAY NOT INSTITUTE ANY ACTION IN ANY FORM ARISING OUT OF THIS AGREEMENT MORE THAN EIGHTEEN (18) MONTHS AFTER THE CAUSE OF ACTION HAS ARISEN.

3. COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY.

3.1 The Website contains copyrighted material, trademarks and other proprietary information, which may include, but is not limited to, text, software, photos, video, graphics, icons and overall appearance. DFS's compilation, selection, arrangement, coordination and enhancement of such content, as well as in the original content, whether developed by, licensed to or assigned to DFS, is protected by Canadian, United States and international copyright laws, both as individual works and as collection or collective works, and by Canadian, United States and international trademark laws. DFS grants you a non-exclusive, non-transferable, non-sublicensable, limited, and revocable right to access, use and display the Website on any computers or other electronic display devices on which you are a user, subject to all terms and conditions in the Agreement. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, publicly distribute, publicly display, copy, reproduce, publicly perform, communicate to the public by telecommunications or in any way exploit in any format whatsoever (including, without limitation, print and electronic formats) any of the Website content, in whole or in part without the prior written authorization of DFS and its relevant content suppliers. You may download copyrighted material for personal use only. Except as otherwise expressly permitted under applicable copyright laws, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of DFS and the applicable copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

3.2 You shall not upload, post or otherwise make available on the Website any material protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not so protected rests entirely with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. Except as limited under applicable law, for all material submitted by you to the Website, you automatically grant, or warrant that the owner of such material has expressly granted, to DFS the royalty-free, perpetual, irrevocable, worldwide, fully-paid up right and license to use, reproduce, create derivative works, publicly distribute, publicly perform, publicly display, assume any sound recording rights or moral rights of attribution or integrity, transmit, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed (including, without limitation, print and electronic form, media and technology) for the full term of any copyright that may exist in such material. Except as limited under applicable law, you also permit or warrant that the owner of such material has expressly permitted, any other Website user to access, view, store or reproduce the material for that Website user's personal use.

3.3 While the Website is publicly available, the Website is available for the authorized uses described in this Agreement. Access to the Website is not authorized for any activities that interfere or have the potential to interfere with DFS's proprietary interest in the Website. Unauthorized activities, include, but are not limited to: any access and use of the Website for automated access, page scraping, data acquisition and consolidation, automated offers, auction aggregations, software robots (including, without limitation, shopping bots), or recursive searching; using the Website in an attempt to break security, or so as to actually break security of any computer network (including, without limitation, the Website itself), or to access an account, message, or file which does not belong to you; using the Website for unauthorized relays through any third party systems; attempting, in any way, to interfere with or deny service (including, without limitation, the Website) to any user or any host on the Internet; using the Website for mail-bombing; using the Website to add or attempt to add addresses to any mailing list (yours or a third party's); attempting to cancel, supersede, or otherwise interfere with electronic mail; using the Website to engage in syn flood attacks or any other methods of denial-of-service attacks; furnishing false data; actively engaging in or authorizing making the Website or any portion thereof available as part of a "co-branded" or "private label" web site, web service, or Internet access service, or as part of a "channel" through a software or Internet service, or similar arrangements or relationships that offer or provide access to the Website from or through other web sites, web services, or Internet access services, or as part of any other web site when Framed (as defined below) and displayed as part of another web site or web service, and you shall not authorize any third party to make any of the Website available on any other web site by means of Framing (as used herein, "Frame" and "Framing" means the display of a web page (the "Framed Page") within an HTML frame of a different web page (the "Framing Page"), where the Framed Page is not controlled by the party that publishes the Framing Page); using the Website for any unlawful purpose, in which case you acknowledge and agree that DFS may fully cooperate with any law enforcement authorities in regards to such unlawful purposes; and any other activities that exceed the scope of DFS's permission to allow you to use this Website (the "Unauthorized Activities"). You acknowledge and agree that the commission of Unauthorized Activities constitutes a substantial interference with DFS's proprietary interest in the Website, even if such Unauthorized Activities alone do not proximately cause damage to DFS, if such Unauthorized Activities would cause such damage in combination with other Unauthorized Activities engaged in by any third party or parties.

3.4 You grant DFS a revocable, royalty free, non-transferable, non-exclusive license to display your trademarks, trade names, logos, service marks or service names on the Website. Upon termination of this Agreement, DFS's right to such trademarks and logos shall immediately terminate.

4. INDEMNIFICATION

You shall indemnify and hold harmless DFS from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys' fees, (collectively, the "Losses") arising out of any breach by you of any of the terms and conditions of the Agreement, or any use by you of the Website or transmission by you through the Website. Upon receipt of any third party claim, DFS shall have the right to assume the sole defense thereof, at your expense, by representatives chosen by DFS. You shall provide DFS with such assistance, without charge, as may be requested by DFS in connection with any such defense, including, without limitation, providing DFS with such information, documents, records and reasonable access to you, as DFS shall deem necessary. In no event shall you settle any third party claim or waive any defense without DFS's prior written consent.

5. TERMINATION

DFS may terminate this Agreement immediately without breach or penalty and without prior notice to you.

6. MISCELLANEOUS

6.1 You hereby agree to the terms and conditions herein and acknowledge and agree that you have freely and voluntarily entered into this Agreement, and have read and understand each and every provision. You further acknowledge and agree that any interpretation of this Agreement shall not be construed against DFS or any of its Affiliates by virtue of its having drafted the terms and conditions hereunder. You, the individual viewing this agreement and clicking on “I accept”, represent and warrant that you are authorized to act for and on behalf of the client.

6.2 All remedies available to DFS for your breach of this Agreement under this Agreement, at equity or in law, are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. The failure of DFS at any time to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall the waiver by DFS of a breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself.

6.3 If any provision or portion thereof of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed in all respects as if the invalid or unenforceable provision or portion thereof had been omitted and all other provisions and portions thereof are fully enforceable, and in such case this Agreement may be modified, amended, and limited, reflecting the intentions of the parties, if and only if such changes are necessary to render the Agreement valid and enforceable.

6.4 Neither you, your employees, nor your agents, shall have the power or authority to bind or obligate DFS or any of the DFS Parties.

6.5 You shall not make any claim against the parents, subsidiaries, Affiliates, members, shareholders, officers, directors, employees or agents of DFS.

6.6 This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral, between the parties with respect to the subject matter hereof, provided, however, that in using the Website in accordance with this Agreement, you are also subject to the Terms and Conditions applicable to the Website as posted on the Website and as amended from time to time. This Agreement may be amended only by DFS. No third party is a beneficiary of this Agreement. This Agreement is not transferable, assignable, or sublicenseable by you in whole or in part, without the prior written permission of DFS and may not be delegated without such prior written permission. Any such transfer, assignment, sublicense or delegation without such prior written permission shall be null and void.

6.7 The construction, interpretation and enforcement of this Agreement as well as any and all tort claims arising from this Agreement or arising from any of the proposals, negotiations, communications or understandings regarding this Agreement, shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein without regard to the choice or conflict of laws provisions thereto. The sole jurisdiction and venue for any litigation arising out of this Agreement shall be a court of competent jurisdiction located in the city of Toronto, Ontario, and the parties agree not to raise, and waive, any objections or defenses based upon venue or forum non conveniens, except that DFS may seek temporary injunctive relief in any venue of its choosing.

7. PRIVACY STATEMENT

For information on how DFS treats personal information, please refer to the privacy statement located here. BY VIEWING AND SCROLLING THROUGH THIS AGREEMENT AND CLICKING ON “I ACCEPT”, ALL TERMS AND CONDITIONS SET FORTH HEREIN ARE EFFECTIVE AGAINST AND VALID AND BINDING UPON YOU AND YOU AGREE TO BE BOUND HEREBY. YOU AGREE THAT YOU HAVE FREELY AND VOLUNTARILY ENTERED INTO THIS AGREEMENT AND HAVE READ AND UNDERSTAND EACH AND EVERY PROVISION CONTAINED HEREIN. YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ACT FOR YOURSELF AND ON BEHALF OF THE CUSTOMER. CLICKING THE "I ACCEPT" BUTTON BELOW IS YOUR "AUTHENTICATION" OF THIS AGREEMENT. TO TERMINATE ACCESS/USE OF THIS AGREEMENT, CLICK "I DECLINE."