You have requested that we activate an account for you to electronically sign your contracts and other documents with us on our website. You understand, acknowledge and agree that all of the requirements set out below are mandatory to your ability to enter into a contract or other declaration, document or agreement with us (“Richardson Documents”) through the use of electronic signatures on our website. If you do not agree with any of these requirements, do not sign Richardson Documents through our website, and instead sign Richardson Documents in person at your Ag Business Centre. By requesting, and thereafter, each time you access your account on our website by using your secure customer login and confidential password (your “account credentials”), you are representing to, and agreeing with, Richardson International Limited, Richardson International (Quebec) Limited, Richardson Pioneer Limited, Westmor Terminals Inc., Tri-Lake Agri Limited (collectively, “Richardson”) (also referred to as “we”, “us” or “our”) that:
Use of Electronic Signatures (at Our Discretion): We reserve the right, in our sole discretion, to accept or reject any request by you to sign Richardson Documents electronically, whether generally or with regard to any specific Richardson Document(s), and we also reserve the right in our sole discretion, at any time after an acceptance of your right to sign electronically, to terminate such right. If your request to sign a Richardson Document electronically has been accepted by us, our website will allow you to sign it electronically. If our website does not allow you to sign it electronically, then you will be required to sign and deliver a paper copy of the Richardson Document to us. If you have any questions relative to the status of any specific Richardson Document, including whether or not it can be signed electronically, contact one of our Ag Business Centres. If you have been granted the right to sign Richardson Documents electronically on our website, and you wish to terminate this right, you may do so by giving us notice in writing of your request to terminate such right. Doing so will not impact your ability to access your account using your account credentials unless you also request that we terminate your account credentials. The validity and enforceability of any electronic signatures effected by you on Richardson Documents prior to termination of your right to sign electronically will not be affected.
Understanding Electronic Documents and the Act of Electronic Signature: Richardson Documents that you access through our website are electronic documents. They can be printed out but exist independently in an electronic form. An electronic signature includes any mark, symbol or process that is written, attached to or otherwise logically associated with an electronic document and executed by a person with the intent to sign it. Just like you can legally “sign” a printed document by signing your cursive signature in ink, you can also "sign" an electronic document by effecting a process or performing an act to indicate your intent to sign. On our website, your electronic signature is effected on a Richardson Document by correctly responding to an image verification question, entering your confidential and unique account password, and then clicking the “Accept” button to signify your intent to sign the Richardson Document presented to you electronically for signature (the “Electronic Signature”). When you access a Richardson Document posted to your account on our website, you must ensure that you abide by the following requirements:
Do NOT complete your Electronic Signature in respect of the Richardson Document unless you have first read, understand and agree to all of its terms and conditions. If you complete your Electronic Signature in respect of a Richardson Document, you are irrevocably deemed to have read, understood and agreed to all of its terms and conditions, and you are deemed to have validly executed and delivered it to us to the same extent as if you had signed a paper copy of it with your manual signature and delivered that paper copy to us.
If there is any term or condition, or any pricing, product, specification, delivery or other information of any kind that you do not agree with or that you believe to be incorrect or inaccurate, whether in whole or in part, do NOT complete your Electronic Signature in respect of such Richardson Document, and instead, contact one of our Ag Business Centres to discuss the matter. If we agree that it requires revision, the Richardson Document will be revised by us and the revised version will either be delivered to you as a paper copy or will be uploaded to your account on our website for your signature. We will not be bound by any email, telephone call, letter or other collateral document of any kind from you purporting to amend or supplement a Richardson Document posted to your account on our website and accepted by you pursuant to your Electronic Signature.
By completing your Electronic Signature on a Richardson Document, you are giving to us all agreements, representations and warranties stated as being made by you in that Richardson Document or as may be set out in any Terms and Conditions, agreements or other documents as are incorporated expressly by reference in that Richardson Document (each, a “Referenced Document”). If you do not understand, or cannot agree to give, any of the representations, warranties or agreements set out in any such Richardson Document, or in a Referenced Document, do NOT complete your Electronic Signature in respect of that Richardson Document, and instead contact one of our Ag Business Centres to discuss the matter. By completing your Electronic Signature, you will be deemed to have: (i) satisfied yourself that all of your representations and warranties in the Richardson Document and all Referenced Documents are true and correct in all respects; and (ii) agreed to all of the terms and conditions of the Richardson Document and of all Referenced Documents.
Right to Receive a Paper Copy: You can obtain and retain a copy of any Richardson Document uploaded to your account on our website by using the download feature on our website and saving it to your own system or printing it. You can also request a hard copy from one or our Ag Business Centres. If there is any discrepancy between the copy downloaded and saved or printed by you and the Richardson Document in electronic form to which your Electronic Signature has been affixed, as captured in our system, the electronic form of the Richardson Document shall prevail. You acknowledge that each version of a Richardson Document is assigned a unique identifier by our system and the most up-to-date version of the document shall govern. Any Richardson Document requiring signature on our behalf shall be deemed signed and delivered by us when posted to your account on our website by us, even if it is posted without any signature on our behalf. The act of posting it to your account will constitute our electronic signature. You have the right to be provided, upon request, with a paper copy signed by us of any Richardson Document which has a signature block for us. However, a Richardson Document posted to your account on our website is confirmed as enforceable once signed and delivered by you, including by your Electronic Signature, even if the document is not physically signed by us. Should you wish to receive a fully signed copy of any specific Richardson Document, please make the request of your local contact at one of our Ag Business Centres. A paper copy signed by us will be provided to you at no charge upon request.
Electronic Signatures affixed on Richardson Documents under your Account Credentials are your Responsibility: You understand and agree that you are solely responsible for the security of your account credentials in accordance with the provisions set out above under the heading “Access to your Account and Electronic Documents”, and accordingly, for all access and use of your account on our website under your account credentials. Without limitation to the foregoing, you understand and agree that we are expressly authorized to accept Electronic Signatures on Richardson Documents effected under your account on our website when access to your account has been granted pursuant to your valid account credentials. We are not under any obligation to verify the actual identity or authority of the person using your account credentials, and accordingly you will be bound to each and every Richardson Document accepted or confirmed by your Electronic Signature under your account. You agree to indemnify and hold harmless Richardson Pioneer, its parent company and all of its subsidiaries and affiliates, and their respective directors, officers, employees and agents, from and against any and all claims, losses, liabilities and costs (including reasonable legal fees and expenses) incurred by Richardson Pioneer, its parent company or by any subsidiary or affiliate thereof, or by you, arising out of or in respect of the breach of or failure to perform any Richardson Document accepted or confirmed by your Electronic Signature on such Richardson Document effected through your account.
You acknowledge that access to your account, and the website is in English only. You have expressly agreed that this Agreement and all related documents (including Richardson Documents) be drafted in English. Vous avez expressément requis que les présentes et tout document y affèrent soient rédigés en langue anglaise.
If you Request Electronic Signature Capability, you are agreeing to all of the terms and conditions set out above relative to Richardson Documents provided to you as electronic documents and to the process and terms of signing and delivering Richardson Documents by your Electronic Signature.
I request that Richardson grant me Electronic Signature Capability through Richardson’s online account, and by using my account credentials. I acknowledge and agree to all of the terms and conditions described above.
PIONEER® FOR THE SALE AND DISTRIBUTION OF SEED IS A REGISTERED TRADE-MARK OF PIONEER
HI-BRED INTERNATIONAL, INC. AND IS USED UNDER LICENSE BY THE UNAFFILIATED COMPANY
RICHARDSON PIONEER LIMITED.
ALL TRADE-MARKS ARE THE PROPERTY OF THE RESPECTIVE MANUFACTURERS OR THEIR AFFILIATES,
ARE USED WITH PERMISSION, AND REMAIN THE PROPERTY OF THEIR RESPECTIVE OWNERS.
Richardson International 2800 One Lombard Place, Winnipeg, MB, Canada R3B