Consent, Terms and Conditions of Use
Effective Date: July 1, 2025
Please read this Consent, Terms and Conditions carefully as they significantly affect your legal rights, remedies, and obligations.
1. Parties and Scope
Ellement Consulting Group Limited Partnership ("Ellement", "we", "us", or "our") provides administrative services to various clients (collectively referred to as the "Client"). Ellement acts as the third-party administrator for benefit and/or pension plans sponsored by the Client. This Member Portal ("Portal") is offered to individuals whose benefit or pension plans are provided by the Client and administered by Ellement.
2. Acceptance of Terms
By registering for, accessing, or using the Portal, you confirm that you have read, understood, and agree to be legally bound by these Consent, Terms and Conditions ("Terms"), as well as the applicable Privacy Policy. Acknowledgment of these Terms is required to register for and use the Portal. If you do not agree, you are not authorized to access or use the Portal. These Terms apply in addition to any other written agreements between you, the Client, and/or Ellement.
Whenever you access or use the Portal, you also agree to comply with all applicable laws and regulations, as well as any additional rules, policies, or procedures communicated by Ellement from time to time.
3. Changes to Terms
Ellement may modify these Terms without notice. Updated Terms will be posted on the Portal and are effective immediately upon posting. Continued use of the Portal indicates your acceptance of any changes.
4. Eligibility and Registration
To register for and use the Portal, you must be entitled to receive benefits and/or pension under a plan provided by the Client and administered by Ellement. You are required to provide accurate and complete registration information, including a valid email address, which will serve as your means of access to the Portal.
You are solely responsible for the accuracy of the information you provide and for maintaining the security of your email account used to access the Portal. You are responsible for all activities conducted through your account and must promptly notify Ellement of any unauthorized access, use, or suspected security breach related to your account.
5. Portal Access and License
Ellement grants you a limited, non-exclusive, revocable license to access and use the Portal solely in accordance with these Terms. This license is available only for as long as the Client remains a client of Ellement and may be suspended, restricted, or terminated at any time, with or without notice, for any reason, including but not limited to the termination of the Client’s relationship with Ellement, security concerns, misuse, or administrative discretion. This license does not transfer any ownership or proprietary rights.
6. Privacy, Consent to Use of Information and Plan Authorization
By registering for, accessing, or using the Portal, you provide explicit, informed, and voluntary consent for Ellement, as plan administrator on behalf of the Client, to collect, use, retain, disclose, and/or destroy your personal information - and that of your eligible dependants and beneficiaries - in accordance with applicable privacy legislation, including the Personal Information Protection and Electronic Documents Act (PIPEDA), and any other governing laws.
You acknowledge that your information may be used for purposes related to, such as, but not limited to, verifying eligibility, enrolling you in the Client’s benefit and/or pension plans, administering your participation, processing claims, fulfilling legal and regulatory obligations, conducting audits or investigations, and ensuring continuity of plan-related communications and support.
You further authorize Ellement to disclose personal information to relevant entities, such as, but not limited to, institutions, government agencies, investigating agencies, unions, trustees, companies affiliated with Ellement, insurers, reinsurers, employers, actuaries, consultants, auditors, and regulators, to manage the plans and entitlements to benefits when such personal information is needed for adjudicating claims and/or plan administration.
By using the Portal, you also formally apply for the benefits and pension plans available to you and your eligible dependants under the Client’s plans. You authorize Ellement and the Client to use your Social Insurance Number for tax reporting and plan administration purposes. You consent to any required payroll deductions for plan contributions and authorize Ellement to correct any erroneous payments by adjusting your account accordingly. You confirm that the information you provide is accurate and complete and acknowledge that knowingly providing false or incomplete information may result in denial of benefits or legal action.
This consent and authorization remain valid throughout your active participation in the benefit and/or pension plans, during any period in which you are receiving or eligible to receive benefits - including retirement - and for any additional period necessary for plan administration, dispute resolution, and legal or regulatory compliance following the termination of your employment or membership.
7. Electronic Communication Consent
You consent to receive communications electronically, including but not limited to notices, plan information, statements, and disclosures. These electronic communications have the same legal effect as written ones. You are responsible for maintaining a valid email address and reviewing all communications sent to you.
8. Digital Signatures and Authorization
You acknowledge that any electronic action (e.g., selecting checkboxes, submitting forms etc.) through the Portal constitutes a valid electronic signature. These actions are binding, have the same effect as a physical signature, and may authorize changes to your records, benefits, or account details. Any changes you make or instructions you submit through the Portal are deemed to be legally authorized and enforceable.
9. Security and Account Responsibility
Access to the Portal is provided through secure methods, such as individualized email links or other authentication processes determined by Ellement. These methods may change, and you are responsible for maintaining secure and uninterrupted access using the method(s) prescribed by Ellement.
You are also responsible for the confidentiality and security of any device, account, or communication method used to access the Portal. While Ellement implements reasonable and industry-standard security safeguards, you acknowledge the inherent risks associated with using the internet, including the potential for unauthorized access by third parties such as hackers. Your use of the Portal demonstrates your assumption of this risk.
Ellement takes reasonable steps to help ensure that the Portal is free from viruses or other harmful components. However, you are responsible for installing and maintaining appropriate anti-virus, firewall, and protective software on any device used to access the Portal. Without limiting any other part of these Terms, Ellement disclaims all liability for any viruses or other malicious code you may encounter through the Portal.
You must use appropriate protective software and notify Ellement immediately if you suspect any unauthorized access, misuse, or security breach involving your Portal access or personal information.
10. Fraud Prevention and Reporting
Fraudulent activity is strictly prohibited and includes, but is not limited to, submitting false or misleading claims, unauthorized use of another person's identity or benefits, misrepresentation of plan eligibility or usage, and manipulating electronic submissions for personal gain.
Ellement reserves the right to investigate any suspicious activity and may suspend or terminate your Portal access, report fraudulent activity to your employer, plan sponsor, or legal authorities, and pursue recovery of any funds obtained through fraudulent means.
Suspected fraud must be reported to Ellement immediately.
11. Portal Availability and Modifications
The Portal may be temporarily unavailable due to scheduled maintenance, technical issues, or other unforeseen circumstances. From time to time, Ellement may add new features, suspend or discontinue existing ones, or otherwise modify the Portal’s functionality, all without prior notice or liability. Ellement is not liable for any interruptions, modifications, or discontinuation of Portal access.
12. Content, Intellectual Property and Trademarks
All content available through the Portal - including, but not limited to, text, graphics, layout, icons, logos, images, software, and other materials - is the property of Ellement or licensed to Ellement by third parties. This content is protected by applicable copyright, trademark, and other intellectual property laws.
You may view or download material from the Portal for your personal, non-commercial use only. Any other use, including but not limited to reproduction, modification, distribution, transmission, republication, framing, display, or performance of the content, is strictly prohibited without Ellement’s prior written consent. You do not acquire ownership rights to your Portal Account or any content by accessing or using the Portal.
All trademarks, service marks, logos, and trade names displayed on the Portal are the registered and unregistered property of Ellement or third parties. Nothing in these Terms grants you any license or right to use any such trademarks or content without express written permission.
13. Third-Party Links
The Portal may contain links to third-party websites or services that are not owned or controlled by Ellement. These links are provided solely as a convenience to you and do not constitute an endorsement, approval, or recommendation by Ellement of the content, products, services, or practices of such third parties.
Ellement does not monitor or review the content of external sites and assumes no responsibility for the accuracy, legality, security, or availability of any information, content, or services provided on or through any third-party site. Accessing these links is at your own risk, and you should review the terms and privacy policies of any third-party site you visit.
Your interactions with third-party websites are solely between you and the third party, and Ellement will not be liable for any damages, losses, or issues that may arise from your use of or reliance on third-party content or services.
14. Disclaimer
The Portal, including all content, features, and services, is provided on an "as is" and "as available" basis without any warranties or guarantees, express or implied. Ellement makes no representations or warranties regarding the accuracy, completeness, reliability, security, or availability of the Portal or its content. While Ellement endeavors to maintain accurate and current information, the Portal may contain errors or omissions. In the event of any inconsistency or conflict between the information displayed on the Portal and the official benefit and/or pension plan documents, the terms of the official plan documents shall prevail. It is your responsibility to refer to those official documents or contact the plan administrator for definitive details regarding your entitlements and coverage.
Beneficiary information displayed within the Portal is subject to administrative processes and may not always reflect the most current or accurate data due to potential delays or errors. In the case of any discrepancy between beneficiary information shown on the Portal and the official plan records, the official plan documentation and records maintained by the Client or Ellement shall govern. You are advised to regularly verify your beneficiary details and promptly notify Ellement of any inconsistencies.
Any pension estimators, calculators, or forecasting tools provided through the Portal are intended solely for informational and illustrative purposes. These tools rely on current assumptions and available data and do not constitute a guarantee of actual benefit entitlements or future payments. Should there be any divergence between the results generated by such tools and the official plan provisions or records, the latter shall prevail. You should not rely exclusively on these estimates for making financial or retirement planning decisions.
Without limiting the foregoing, Ellement expressly disclaims all warranties and conditions of any kind, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from a course of dealing or usage of trade.
Ellement does not warrant that the Portal will operate without interruptions, delays, or errors, or that any defects will be corrected, or that the Portal or the servers that make it available are free of viruses or other harmful components.
Use of the Portal is at your own risk. You assume full responsibility for any loss or damage arising from your use of or reliance on the Portal, including but not limited to loss of data, service interruptions, or the consequences of accessing linked third-party websites.
15. Limitation of Liability and Release
To the maximum extent permitted by law, Ellement, the Client, and their respective trustees, officers, directors, employees, affiliates, agents, and representatives will not be liable to you or any other party for any damages of any kind. This includes, but is not limited to, direct, indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or in connection with your use of, or inability to use, the Portal or any content contained therein, even if we have been advised of the possibility of such damages.
You expressly release Ellement, the Client, and their respective trustees, officers, directors, employees, affiliates, agents, and representatives from all claims, actions, causes of action, liabilities, and damages of any kind - whether based in contract, tort (including negligence), strict liability, statute, or otherwise - relating to or arising from your access to and use of the Portal.
If, notwithstanding the foregoing, Ellement or the Client is found liable to you for any reason, the total aggregate liability of both Ellement and the Client to you for all claims and damages shall not exceed CAD $25.
16. Jurisdiction
These Terms and any disputes arising out of or relating to your access to or use of the Portal shall be governed by and construed in accordance with the laws of the Province of Manitoba and the laws of Canada applicable therein.
You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Portal shall be brought exclusively in the courts of the Province of Manitoba, located in Winnipeg, and you hereby consent to the jurisdiction of such courts.
17. General Provisions
If any part of these Terms is determined to be invalid, illegal, or unenforceable by a court or regulatory authority, that part will be removed, and the remainder of the Terms will continue in full force and effect.
Ellement’s failure or delay in enforcing any provision of these Terms does not waive its right to do so in the future. These Terms are binding upon and will benefit you, Ellement, the Client, and their respective successors, assigns, and representatives.
Ellement and the Client are not responsible for any failure or delay in performing their obligations caused by events beyond their reasonable control, including but not limited to acts of God, natural disasters, government actions, or interruptions in telecommunications or internet services.
18. Web Tracking and Analytics
The Portal may include analytics tools to help measure and improve the performance of our services. Information collected through these tools is stored securely on Ellement’s infrastructure and is not shared with external parties. This data helps us understand how the Portal is used and identify areas for enhancement.
By continuing to use the Portal, you confirm your agreement to these Terms and acknowledge that your use is governed accordingly.
Contact Us
If you have any questions, concerns or comments, please contact us at:
Ellement Consulting Group Limited Partnership
1345 Taylor Avenue, Winnipeg, MB R3M 3Y9
E-mail: contact.us@ellement.ca
