If you have a joint agreement, a joint account offers the same features and benefits as an account held by one person. By enrolling in electronic access, joint account holders will be able to access services and features by computer, smart phone, mobile device, wireless device, tablet or any other electronic device. Through the electronic access, a joint account allows two or more people to do the following on the joint account:

• make withdrawals
• make deposits
• conduct other transactions

As a joint account holder, you share access to the electronic access account, however, you will each be issued separate confidential login and password credentials. You are responsible for keeping your password strictly confidential. When a joint account is accessed by electronic access by either joint account holder, you are jointly responsible for any transactions made by the other account holder and we will not be responsible for transactions made through electronic access made by any one joint account holder. We recommend that joint account holders discuss and agree on how to use electronic access.

NTD: These terms govern your electronic access to and use of our secure subscriber online portal available through subscriber/login effective March 23, 2020.

Embark Student Corp.
Student Electronic Services Agreement
Terms and Conditions of Use

1. General

These Terms and Conditions of Use (the "Terms") govern your use of the electronic access services (referred to as "Electronic Access") and by using Electronic Access, you ("you") acknowledge that you have read, accept and agree to be bound by the Terms whenever you use Electronic Access. The Terms may be amended from time to time with or without notice to you and you should check the website regularly for updates. Your use of Electronic Access after we have posted amended Terms means that you agree to and accept the Terms as amended. In these Terms, " we", "us" and "our" mean Embark Student Corp., Embark Student Foundation ("Embark") and where applicable, their affiliates, agents, representatives, service providers, licensors and in each case their employees and directors. Your use of Electronic Access is subject to your agreement and compliance with the (i) Terms; (ii) any terms, conditions, legal notices and disclaimers in the footers, content, other pages of the Electronic Access; and (iii) with any other instructions or notices we may give you in connection with your use or access of Electronic Access.

2. Security and Passwords

You are required to select a password in connection with your registration and use of Electronic Access. You are responsible for keeping your password strictly confidential and to not disclose your password to anyone else. You should change your password periodically to reduce the risk of unauthorized access to Electronic Access if your password becomes known. You are required to notify us immediately of any unauthorized use of your password. You acknowledge that email communication including email notifications over the Internet is not secure or confidential, subject to possible interception or loss, and possible alteration and privacy cannot be guaranteed. Embark is not responsible for and will not be liable to you or anyone else for any damages in connection with any electronic message, email, text message or any other electronic message sent by Embark to you. If you login into electronic access on a device you do not own, there is a risk that your information may be disclosed and accessible from that device. It is your responsibility to keep your electronic access sign-in credentials secure.

3. No Warranty

Use of Electronic Access is at your sole risk. Embark does not make any express or implied warranties, representations, or endorsements with respect to Electronic Access, including without limitation, warranties as to merchantability, operation, non­infringement, usefulness, completeness, accuracy, currency, reliability and fitness for a particular purpose. We do not warrant that Electronic Access will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, difficulties in use, defects, incompatibility, failures, errors, omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for taking protection and backup of data and/or equipment and for taking reasonable and appropriate precautions to scan for computer viruses or other destructive properties. We may change or discontinue any aspect or feature of Electronic Access at any time without notice to you, including the content, hours of availability, and technical requirements needed for access or use. To the extent that any limited warranty in these Terms is inconsistent with applicable laws, the limited warranty shall be deemed modified to be consistent with such applicable laws.

The information, material and content provided in the pages of Electronic Access or included as downloadable links is believed to be reliable when posted, but there is no guarantee that it is accurate, complete or current at all times. Without limiting the generality of the foregoing, the information may include technical inaccuracies or typographical errors, and Embark and its officers, directors, employees and agents have no obligation to update such information.

4. No Advice

Embark Plans are sold by prospectus only. We do not provide tax, legal or investment advice through Electronic Access. The prospectus contains important information concerning an investment in a Embark Plan that you should read carefully before investing. Copies may be obtained through registered sales representatives duly authorized by Embark to distribute the Embark Plans.

5. Limitation on Liability

Under no circumstance, including negligence, will we be liable to you or anyone else for any damages whatsoever and howsoever caused (including direct, indirect, incidental, special, consequential, exemplary or punitive damages) arising out of or in connection with Electronic Access, any failure of Electronic Access to perform, or your ability on inability to access or use Electronic Access, linking to any other website, transmission of any information that you provide to use through Electronic Access or loss of confidentiality in such information, or any action or decision made by you in reliance on Electronic Access, or any errors in or omissions from Electronic Access, or any unauthorized use or reproduction of Electronic Access.

6. Indemnity

You agree to indemnify, defend and hold us harmless from and against any losses or damages that result directly or indirectly from your breach or non-performance of any of the Terms or your access or use of Electronic Access or otherwise in connection with Electronic Access including any losses or damages concerning intellectual property rights, property damage or personal injury. You hereby release us from and against any and all losses or damages of every kind and nature, known and unknown that you may have against us as a result of or in connection with Electronic Access or the Terms.

7. Links

Electronic Access may contain links to other websites. Embark does not review or control, we are not responsible for the content, accuracy or opinions expressed in such other websites, the privacy practices of those websites, the third parties named therein, or their products or services and the inclusion of any such websites does not imply the approval or endorsement of such websites by us. Links from or to other websites are for convenience only and do not be mean that we are affiliated or associated with the provider of any such website.

8. Trademarks and Copyright

Certain names, words, titles, phrases, logos, icons, graphics or designs, or other content on Electronic Access are trademarks or trade names owned by Embark.

Nothing on this Electronic Access shall be construed as conferring any licence of any intellectual property rights, whether by estoppel, implication or otherwise. Electronic Access and the information provided are for your personal use.

9. Governing Law

These Terms and any dispute regarding these Terms are governed by, and interpreted and enforced in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws, and notwithstanding your domicile, residence or physical location. All disputes, controversies or claims arising out of or in connection with Electronic Access or the Terms shall be submitted to and be subject to the exclusive jurisdiction of the courts of the Province of Ontario. You submit and attorn to the exclusive jurisdiction of the courts of the Province of Ontario to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with Electronic Access or the Terms.

10. Termination

We may suspend or terminate your access to Electronic Access at any time without prior notice to you, for any reason whatsoever including due to your failure to comply with the Terms or with any agreement you have with us. In those circumstances, the Terms will continue to apply in respect of your use of Electronic Access prior to such termination. We will not be liable for any losses or inconvenience that result from the suspension or termination of your access.

11. Miscellaneous

If any provision of these Terms shall be found to be invalid or unenforceable by a court of competent jurisdiction, this will not affect the validity or enforceability of the other provisions.

The Parties do hereby agree that these Terms and related documents be drawn up in the English language only. Les Parties aux présentes ont convenu que cette convention et les documents s'y rattachant soient rédigés en langue anglaise seulement.