Terms and conditions

General Terms and Conditions of use of espace cdpq Inc. ("espace cdpq")

1. Introduction

When the Visitor decides to use espace cdpq's website (hereinafter the "Site"), he accepts all the terms and conditions set out below that govern the Site's content and application, including, without limitation, the Personal Information Protection Policy under section 8 below (hereinafter collectively the "Conditions").

The Visitor agrees and acknowledges that espace cdpq reserves the right, at any time, to amend, change or update the Conditions and the Visitor agrees to be bound by such amendments, changes or updates. The Visitor's use of the Site after any such amendment constitutes his agreement to comply with the Conditions thus amended and to be bound by them. It is the Visitor's responsibility to take note of any amendments made to the Conditions. If the Visitor does not accept these Conditions or, as the case may be, the Conditions as amended from time to time, he should not use the Site.

2. Services provided

The Site currently provides its users with information on espace cdpq such as a description of its objectives, the presentation of its Espace partners and a showcase for the projects and activities of espace cdpq (the "Service").

Unless otherwise specifically provided, any new feature that improves or increases one or more elements of the existing Service or any new service launched by the Site will be subject to the same Terms of Use.

Costs arising from the use of the Service, namely connection charges to the Internet or charges in connection with systems having access to content provided on the Internet, are at your own expense. Moreover, it is your responsibility to obtain all the necessary hardware to ensure this connection.

3. Identification of the user

It is understood that you are not required to identify yourself in connection with the use of the Service. However, the more truthful, accurate, complete and current the information provided concerning you, the more appropriate and likely the Service will be to meet your needs.

4. Rights of ownership

Unless indicated otherwise, the entire content of the Site, in particular, all texts, data, charts, photographs and images, software and all trademarks, brands and trade names used on the Site as well as their selection and array and the domain name espacecdpq.com (hereinafter collectively the "Content"), are subject to intellectual property rights, including, in particular, copyrights, trademarks and patents held directly or indirectly by espace cdpq, or granted or licensed to it. Except as expressly set out herein, the Visitor is not licensed to use or reproduce the Content and all intellectual property rights in this respect are expressly reserved. Without limiting the generality of the foregoing, no appropriation of the Content by hyperlinking, framing or registering related domain names shall be tolerated.

The names and logos of espace cdpq used on this Site may be trade names or trademarks (including registered trademarks) thereof. Such names and logos of espace cdpq may not be copied, imitated or used, in whole or in part, other than in compliance herewith.

The Visitor acknowledges and agrees that any unauthorized downloading, retransmission, copy or modification of the trademarks, images, texts or data contained on the Site may breach federal or provincial laws and, in particular, all laws pertaining to trademarks, industrial designs or copyrights and may expose the Visitor to legal proceedings. Save for the particular needs to surf the Internet and unless indicated otherwise, it is strictly forbidden to copy, publish, distribute, reproduce, republish, store on any medium, retransmit, display, modify, create works derived from all or part of the Content or the Site, to sell or participate in the sale of all or part of the Content or Site, exploit all or part of the Content or Site in any way or make any public or commercial use thereof in any form whatsoever. Without limiting the generality of the foregoing, the Visitor may not print or copy the HTML code or any other software program that may be viewed on the Site.

The Visitor is given limited right to download and print copies of texts available on the Site for non-commercial or internal purposes but any copy or reproduction of a document available on the Site shall display all Content copyright notices or other proprietary notices and the Visitor may not modify the Content in any way. Any other use of the Content is strictly forbidden.

5. Links to other websites

The Site contains links that enable the Visitor to connect to sites operated by third parties (hereinafter the "Hyperlinks"). Hyperlinks are made available to the Visitor for his ease of use and to provide him with a more spontaneous and friendly surfing experience. The existence of a Hyperlink is, by no means, an implicit or explicit contact to the site concerned, to its content or to other sites connected to it and espace cdpq cannot be held liable for their content. espace cdpq does not make any express or implicit representation or warranty to the Visitor regarding products or services provided by third parties even though such information, products or services are referred to, included on or accessible from the Site or linked to it.

espace cdpq is, at all times, free to add, delete or modify any Hyperlink appearing on the Site. espace cdpq does not assume any liability with respect to the choice of provided Hyperlinks, to any eventual viruses and the compatibility of a Hyperlink with the Visitor's computer.

espace cdpq expressly forbids any person from authorizing or implementing a Hyperlink originating from a third party's site on the Site, from using the framing technique from a mirror site or other similar method without CDPQ's prior consent.

The fact that there are unauthorized Hyperlinks to the Site by no means constitutes a consent of or waiver to espace cdpq's rights and recourses. The existence of any unauthorized Hyperlink to the Site does not incur espace cdpq's liability. The access given by the Site's Hyperlinks to other sites by no means serves to support, sanction or otherwise recognize the content of such sites.

6. Exclusion of warranty and limitation of liability

The Visitor is given access to the Site's Content for information purposes only and it may contain inaccuracies and typographical errors. espace cdpq and its Representatives do not make any representation or warranty regarding the accuracy or completeness of the Content or of the information accessible through this Site. espace cdpq reserves the right, at its sole discretion, to correct any error or omission or to update any information found on the Site. espace cdpq does not guarantee that the Site will run without interruption or without error or that there will not be any delay, omission or loss of transmitted information, that no virus or other contaminating or harmful element will not be transmitted or that no damage will occur to the Visitor's computer system.

The Content, the services and the information accessible through this Site are provided "as is" and all representations, warranties and conditions, express, implicit or arising from the law or commercial practice, are excluded to the extent permitted by law.

Under no circumstances shall espace cdpq and its Representatives be liable for any direct, indirect, incidental, punitive, special or other damages whatsoever (including, without limiting the generality of the foregoing, damages to the undertaking, loss of profits, savings or revenue, interruption of business and loss of information, programs or other data on the Visitor's information processing system) caused by the use or inability to use this Site, its Content or the documents available through this Site, or any information, or functions of this Site or any other connected site, or related thereto, whether or not espace cdpq had been informed of the possibility of such damages.

7. Obligations of the Visitor to the Site

The Visitor undertakes not to: (a) use the Site in any way that could damage, deactivate, overload or compromise it; (b) interfere with the security or otherwise abuse the Site, or any service, systems resources, server or network connected to the Site or to affiliated or connected sites or sites that are accessible through them; (c) disrupt or interfere with other people's use or enjoyment of the Site or affiliated or connected sites; (d) download, display or otherwise transmit a virus on the Site or other harmful, troublesome or corrupting file or computer program; (e) use any robot device, hacker or other automatic device or manual process to manipulate or copy Web pages or the Site's Content; (f) send e-mail, chain letters, junk mail or other type of spam messages through the Site; and (g) attempt to secure unauthorized access to this Site or to certain portions of the Site with limited access. In addition, the Visitor recognizes that he is solely liable for any and all actions and communications undertaken or transmitted to or on his behalf and he undertakes to comply with all applicable statutes regarding his use of or activities on the Site.

8. Personal Information Protection Policy

This policy sets out the terms and conditions regarding the protection of the personal information of the Visitor to espace cdpq's website and how the Visitor's personal information is used, processed and transmitted.

When the Visitor decides to use espace cdpq's website, he accepts espace cdpq's practices regarding the processing of and the measures to safeguard his personal information (hereinafter the "Policy"). The Visitor agrees, in particular, to the gathering and use of his personal information by espace cdpq in accordance with the Policy, it being understood that espace cdpq complies with applicable laws in personal information matters.

Electronic personal information

In accessing the Site, the Visitor recognizes and accepts that there is an automatic exchange of information between the Visitor's computer, smart phone, table or other device and espace cdpq's server. This exchange of information does not enable espace cdpq to identify the Visitor, his name or e-mail address. However, this exchange of information enables espace cdpq to obtain the Internet domain name that the Visitor used to access the Site, the Visitor's IP address, the type of browser and the operating system used by the Visitor to access the Site, the date and time the Visitor accessed the Site, the pages he visited and, where the Visitor accesses the Site from another site, then, this site's address (referent site).

The operating system of the Site can automatically gather this information about the Visitor's visit to the Site by means of cookies. Cookies are small bits of information stored by the Visitor's Internet browser on his computer's hard drive that enable espace cdpq to recognize the Visitor when he accesses its Site. When the Visitor surfs the Internet, a cookie is used for the purposes described above.

If the Visitor does not want espace cdpq to gather information about his visit, he can, at his sole discretion, configure his browser so that it warns him when he receives a cookie or to prevent such cookies from being sent.

espace cdpq uses this information to gage the number of Site visits by Visitors as well as the different pages they view, the average time that Visitors spend on the Site and to compile other statistics on Visitors to the Site in general. With this information, espace cdpq can also verify the Site's performance for system administration purposes to make the Site easier and more user-friendly and to relay certain overall processed information to Representatives for whom the transmission of such information is necessary to perform their duties.

To collect and analyze certain information, espace cdpq uses Google Analytics on the Site. For more details on how the information collected is used by Google, please visit Google Privacy & Terms.

Other personal information

espace cdpq only gathers other personal information about the Visitor if he, at his sole discretion, decides to provide such information voluntarily. However, if the Visitor wishes to receive information from espace cdpq or to have his name added to espace cdpq's mailing list, the Visitor must disclose his e-mail address so that espace cdpq's server can respond to his request or, as the case may be, send him the requested information. This other information is also gathered so as to enable and manage the Visitor's inclusions on espace cdpq's mailing list (including, in particular, the modification of the parameters of his inclusion on or deletion of his name from the mailing list), to facilitate the communication of relevant information to Visitors and for better knowledge of their profiles. This information is strictly confidential and will not be used for commercial prospection or solicitation purposes.

A copy of the personal information the Visitor provides to espace cdpq and which espace cdpq retains is kept on espace cdpq's servers. The Visitor can access the personal information he provides to espace cdpq and notify espace cdpq to update, change or delete certain information that espace cdpq gathered during his visit, by sending an e-mail to [email protected].

Where it deems it appropriate, espace cdpq uses encryption or authentication tools, or both, as well as other means to protect certain personal information derived from the Web and kept on its server. The Visitor acknowledges and agrees that the e-mail messages that he sends to espace cdpq can be tampered with before they reach espace cdpq's server.

Personal information, electronic or other, gathered by espace cdpq are not disclosed, except to espace cdpq’s Representatives who need such information to discharge a duty associated with the fulfillment of the purposes hereby set out and in this Policy. The Visitor agrees and acknowledges that CDPQ is also authorized to use, disclose or communicate the Visitor’s personal information to the extent provided or required by law, including pursuant to court orders or to execute a contract granted to a supplier. In such a case, confidentiality clauses shall ensure that personal information is adequately protected.

9. Other considerations

Definitions

For the purposes of this notice, the expression Representatives includes espace cdpq, its affiliates, its shareholders, directors, officers, employees, agents and providers.

For the purposes of this notice, the expression Visitor means the person who, in fact, browses the Site as well as the person who authorizes the use of the computer or, as the case may be, the browsing equipment.

 

Entire agreement

The Conditions constitute the entire agreement between the Visitor and espace cdpq regarding his use of the Site and its Content and supersedes the prior written or verbal agreements between the Visitor and espace cdpq with regard to the subject matter hereof.

Interpretation

In the event of discrepancy between the two (2) linguistic versions of espace cdpq's website, the French version takes precedence.

Section titles herein are used solely for easy reading purposes and may not be used to interpret the sections.

The masculine gender is used for easy reading purposes and includes the feminine.

Applicable law

This notice, the Content and the Conditions are governed by the laws of the Province of Québec, Canada, excluding conflict of laws rules. The Visitor recognizes the exclusive jurisdiction and competency of the courts of Québec, in the event of any dispute related to this Site or to the Conditions.

Specific rules

In the event of discrepancy between one of the rules set out in these Conditions and a specific rule set out on a page of espace cdpq's website in relation to some particular content, the specific rule takes precedence.

 All rights reserved to espace cdpq.