Supplemental Terms – Certified Vault
These Supplemental Terms address the use of the Certified Vault feature of the SmartVault online service to maintain copies of electronic chattel paper and similar electronic documents.
- Definition: “Authoritative Copy” refers to a copy of an electronic document that includes features indicating that the copy has not been altered since it was (i) delivered for effect, if it was not required to be signed, or (ii) signed.
- “Plan B” in certain failure cases: When you invoke the Certified Vault feature to obtain an Authoritative Copy of a document, the SmartVault online service will attempt to obtain the Authoritative Copy from a third party’s online service via that service’s publicly available application program interface (“API”). There is at least some risk that the SmartVault service might not receive the Authoritative Copy from the third party’s online service within a reasonable time after your request; if that happens, then:
(a) We will endeavour to promptly advise you in writing (typically by email or perhaps as a browser message) as soon as practicable.
(b) You might need to repeat what you did with the third party online service to request a new Authoritative Copy; in some circumstances, this could include, if necessary, issuing new documentation and obtaining any required signatures on that new documentation.
- Limitations on Use: You must not do, nor attempt to do, nor assist or knowingly permit anyone else to do or attempt to do, any of the following:
(a) copy, download, alter, edit or append records to the Authoritative Copy or other information maintained within the Certified Vault service;
(b) use external programs or device to download, copy, alter, edit or append records to the Authoritative Copy or other information maintained within the Certified Vault service.
