Terms of Use

By accessing and using Portal, you agree that such access and use of Portal is subject to this Agreement.

You agree that Portal is intended to be used for MEF’s regulatory requirements and activities for the purpose of managing the production and marketing of eggs, pullets or hens under Canada’s supply management system and for communications and information gathering and sharing regarding Manitoba egg farmers, hatchery persons and other egg industry participants in a responsible, ethical and legal manner.

This Agreement incorporates by reference the MEF policies regarding the gathering, use and sharing of producer information posted to or available from the Portal, particularly MEF’s Privacy Policy. You confirm that you have reviewed and understand and will comply with those policies as they relate to your access to and use of the Portal.

The Portal may not, directly or indirectly, be used for any of the following purposes:

(1)

to violate the privacy or rights of other users;

(2)

in breach of copyright law or other intellectual or industrial property rights;

(3)

in any manner or for any purpose which is unlawful;

(4)

in breach of this Agreement;

(5)

in any manner which violates any rights of MEF and its Board members, employees or agents, egg producers or any other party involved in the production or marketing of eggs, pullets or hens;

(6)

for threatening, harassing or unlawfully discriminating against others, including posting any materials to the Portal where permitted that is considered objectionable as determined in the sole discretion of MEF;

(7)

to attempt to deliberately introduce any damaging computer code or virus or other harmful components in any form or by any means in whole or in part by any process; or

(8)

to attempt to alter hardware or software configurations at the Portal website.

MEF may remove any materials that it considers, in its sole discretion, may be illegal, may subject it to liability, or which may breach condition 2.3 above.

MEF will cooperate with legal authorities in the investigation of any suspected or alleged offence arising from any use of the Portal. A violation of this condition 2 may result in the restriction, suspension or termination of your access to the Portal.

The Portal may provide links to and is linked from websites that MEF does not control. They are provided for your convenience only.

MEF takes no responsibility for the content of or the security of the linked websites.

You agree that MEF is not responsible or liable for any losses or damages that you may suffer or incur due to any actions caused by such websites or your use of such websites. You link to third-party websites entirely at your own risk.

MEF will reasonably undertake to ensure that the Portal is secure from unauthorized access and to securely maintain your private and confidential information. When MEF receives any information from you through the Portal, it will endeavour to maintain that information’s security and confidentiality in accordance with MEF’s Privacy Policy.

Despite clause 4.1, you acknowledge and agree that the Internet is an inherently unsecured public network that gives rise to a potential risk that a user’s information may be improperly accessed, viewed, intercepted, shared or modified by third parties or that files or data that you may download from Portal may contain computer viruses or other defects.

MEF accepts no liability for any interference with, or damage to, your computer system, software or data occurring in connection with Portal.

You must take appropriate and adequate precautions to ensure that your use of the MEF website and Portal does not introduce viruses or other computer system contamination that may interfere with the Portal or damage the computer system, software or data of any other user of the Portal.

For website security purposes and to ensure that Portal remains available to all authorized users, MEF employs software programs to identify unauthorized attempts to upload or change information or otherwise cause damage.

To access the Portal, MEF will require some personal information, as well as details of your egg producer license and egg farm or hatchery person operations, as the case may be, to set up a user account and specify your username and password. You are responsible for changing your password immediately upon access for the first time.

You will not, and will not permit, either directly or indirectly, any person or entity other than yourself or your authorized representative to access, view or use the Portal or any data or other information placed on the Portal.

MEF will endeavour to make the Portal available at all times but does not warrant that it will operate continuously, without interruptions, or error-free. MEF does not accept any liability for its unavailability or for any errors in its operation.

MEF may, at any time, without prior notice, vary or discontinue any feature or service of the Portal, its availability and the equipment and software required to access it.

MEF reserves the right to restrict, suspend or terminate your access to the Portal, for example, to prevent your access to private or confidential information of other producers and hatchery persons posted or submitted to or available from the Portal.

MEF also reserves the right to restrict, suspend or terminate your access to the Portal if you have not paid any amounts due and owing by you to MEF.

You will not be able to log in and access the Portal unless you acknowledge and agree to this Agreement.

Sharing log-in information and permitting anyone else access to the Portal is a security risk. You must keep your log-in details secure and should not share those details with anyone else unless you have authorized that person to have access to the Portal on your behalf, in which case you must notify MEF of who that authorized person is.

Your access to the Portal will cease, and you must not log in or use the Portal once you cease being a registered egg producer or industry partner.

When accessing the Portal, you will be provided a username and password. The password must be changed with your first login.

You will not knowingly submit false information to the Portal and will not provide any false information in connection with the use of the Portal.

You are responsible for all activity that occurs in respect of the Portal through your log-in and access to the Portal. You agree:

(1)

all information you place or maintain on the Portal will be accurate and complete;

(2)

to keep all of your information submitted and contained within the Portal confidential; and

(3)

to use the Portal responsibly and in accordance with this Agreement.

MEF uses reasonable endeavours to ensure that all persons requesting access to the Portal are legitimate users and are authorized to access the Portal.

MEF takes no responsibility for the accuracy of information placed on the Portal by its users and does not warrant or otherwise guarantee that information placed on the Portal is accurate, complete or current.

any breach of security or loss of use of the Portal, loss of information, data, goodwill or profits, whether or not foreseeable; and

any losses or damages whatsoever, whether direct or indirect, special, incidental, consequential or punitive, including but not limited to those resulting from:

(a)

breach of security or loss of use of the Portal;

(b)

loss of information, data, or profits, whether or not foreseeable;

(c)

failure of performance, error, omission, inaccuracies, deletion, defect, deficiency;

(d)

unauthorized access to or alteration of or use of the Portal or any data contained therein;

(e)

any theory of liability, including breach of contract or warranty, negligence or other tortious action; or

(f)

any other claim arising out of or in connection with your use of or access to the Portal.

Your termination of access to the Portal will not release you from any obligation or liability which accrued prior to such termination.

There are no representations, warranties or agreements, either written or oral, that are binding on you and MEF which are not contained or referred to in this Agreement.

This Agreement shall be governed by and construed in accordance with the laws of the Province of Manitoba and the laws of Canada applicable therein.

Grammatical variations of any terms defined herein have similar meanings; words importing the singular number shall include the plural and vice versa; words importing the masculine gender shall include the feminine and neutral genders. The division of this Agreement into separate articles, sections, subsections, paragraphs and subparagraphs, and the insertion of headings and marginal notes and references are for convenience of reference only and shall not affect the construction or interpretation of this Agreement.

If at any time any provision of this Agreement is or becomes invalid, illegal or unenforceable in any respect under the law of any jurisdiction, to the extent permitted by applicable law, the validity, legality and enforceability of any remaining provisions (and of such provision under the law of any other jurisdiction) shall not in any way be affected or impaired.