Conditions of Use

1. Acceptance and amendments

This legal notice is to inform the Visitor of the conditions to access and use this Internet site (the “Site”) operated by Caisse de dépôt et placement du Québec and its subsidiaries (collectively “CDPQ”). When the Visitor decides to access and use the Site, he agrees to be bound by and comply with all the terms and conditions set out herein that govern the Site’s access, use, content and application, including the Privacy Policy and other policies, rules and conditions applicable to the Site that may be posted thereon from time to time (collectively the “Conditions”). It is important for the Visitor to read the Conditions to ascertain his rights and obligations.

The Visitor agrees and acknowledges that CDPQ reserves the right, at any time, to amend, change or update the Conditions. By accessing and using the Site after any amendment, the Visitor agrees to comply with and be bound by them. Consequently, it is the Visitor’s responsibility to verify if there have been any amendments to the Conditions by referring to the date they were last modified, which is found below.

If the Visitor does not accept these Conditions or, as the case may be, the Conditions as amended from time to time, CDPQ does not authorize the Visitor to access or use the Site, and he should stop accessing and using the Site.

2. Ownership

Unless indicated otherwise, the entire content of the Site, in particular, all texts, documents, data, charts, photographs, images, illustrations, audio and video clips, software, tools and all trade marks, brands and trade names used on the Site as well as their selection and array (collectively the “Content”), are subject to intellectual property rights, including, in particular, copyrights, trade marks and patents held by CDPQ, or granted to it. Except as expressly set out herein, the Visitor does not have a licensed or ownership right to the Content and all intellectual property rights in this respect are expressly reserved by CDPQ.

Without limiting the general scope of the foregoing, the domain name is the exclusive property of CDPQ and no appropriation of the domain name by hyperlinking (as defined below), framing or registering related domain names shall be tolerated.

The firm names and logos of CDPQ used on this Site may be trade names or trade marks (including registered trade marks) thereof. Such firm names and logos of 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 all or part of the Site or Content may breach statutes, particularly all statutes pertaining to intellectual property, including trade marks, 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, download, publish, distribute, reproduce, republish, store on any medium, retransmit, display, modify, create works derived from all or part of the Site or Content, to sell or participate in the sale of all or part of the Site or Content, exploit all or part of the Site or Content in any way or make any public or commercial use thereof in any form whatsoever. Without limiting the general scope of the foregoing, the Visitor may not print or copy the HTML code or any other computer code that may be viewed on the Site.

3. Permitted use

The Visitor may access and use the Site and Content in compliance with statutes and the Conditions. Subject to the Conditions, CDPQ grants the Visitor a non-exclusive, non-transferable and revocable license to access and use the Site and Content solely for the purpose of viewing and saving on the Visitor’s Device (as defined hereinafter), to download and print copies of texts, documents and data available on the Site (collectively the “Documents”) for internal or personal and non-commercial purposes, but any copy or reproduction of a Document must display all Document copyright notices or other proprietary notices and the Visitor may not modify the Document in any way. Any other use of the Site or Content is strictly forbidden. For the sake of clarity, the Documents form an integral part of the Content.

4. Hyperlinks

The Site contains links, cross references and icons that enable the Visitor to connect to sites operated by third parties (collectively 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 CDPQ cannot be held responsible for their content. 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.

CDPQ is, at all times, free to add, delete or modify any Hyperlink appearing on the Site. CDPQ does not assume any responsibility with respect to the choice of provided Hyperlinks, to any eventual viruses and the compatibility of a Hyperlink with the Visitor’s Device, smart phone, electronic tablet or other devices on which the Site may be accessed (each considered a “Device”).

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 CDPQ’s rights and recourses. The existence of any unauthorized Hyperlink to the Site does not incur 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.

5. Exclusion of warranty and limitation of liability

The Visitor is given access to the Site and Content by CDPQ for information purposes only and the Site and Content may contain inaccuracies, omissions and errors. CDPQ and its Representatives do not make any representation or warranty regarding the accuracy, quality, reliability, topicality, comprehensiveness, opportunity, merchantability or adaptation for a particular use, the absence of counterfeiting or violation of intellectual property or rights related to the Site or Content. CDPQ reserves the right, at its sole discretion, to correct any inaccuracy, omission or error or to update the Site and Content. However, CDPQ and its Representatives shall assume no liability regarding inaccuracies, omissions, errors or updates to the Site or Content.

The Visitor accesses and uses the Site and Content at his own risk. CDPQ and its representatives do not make any representation or warranty to the effect that the Site or Content is compatible with the Devices, computer systems or that the Site and Content is or will be free of viruses or contaminating or destructive elements having prejudicial consequences. In addition, CDPQ does not provide any 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, to or from the Visitor. The Visitor is solely responsible for installing systems and software to protect the security and integrity of his Device or computer system, as well as for all related costs, that may be necessary for the Visitor to use the Site.

The Content and Site, are provided “as is,” without any explicit, implicit or accessory declaration, warranty or condition. To the fullest extent permitted by law.

CDPQ and its Representatives shall assume no liability based on a contract, civil responsibility or other legal theory regarding damages, whether direct, indirect, incidental, consecutive, punitive, exemplary, special, corporal or other damages whatsoever (including but without limiting the general scope of the foregoing, damages related to the undertaking, loss of profits, savings or revenue, interruption of business, a Device, the computer system, and loss of information, programs or other data on the Visitor’s information processing system) caused by the use or inability to use the Site or Content, whether or not CDPQ or one of its Representatives had been informed of the possibility of such damages.

6. Obligations of the Visitor

The Visitor undertakes not to: (a) use the Site or Content in any way that could damage, deactivate, overload or compromise the Site or Content; (b) interfere with the security or otherwise abuse the Site, Content, services, 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, Content or affiliated or connected sites or sites that are accessible through them; (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 Content; (f) send e-mail messages, chain letters, spam, electronic threats or other types of unsolicited mass electronic messages through the Site; and (g) attempt to secure unauthorized access to the Site, Content or to certain portions of the Site or Content with limited access. In addition, the Visitor recognizes that he alone is responsible 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 the Site or Content, or activities on the Site.

7. Additional conditions applicable to the Careers site

The Careers site is operated by D.L.G.L. Ltd., a service provider for job openings at CDPQ. Nothing on the Careers site constitutes a job offer or an obligation for CDPQ to communicate with the Visitor regarding his job application in response to a job opening. Any physical or legal person (including a placement agency) submittings a resumé through the Careers site on behalf of a candidate does so by agreeing to the following: (a) the resumé shall become the property of CDPQ; and (b) in the absence of a contract signed by CDPQ with a placement agency covering the position for which the resumé is submitted, CDPQ shall have the right to recruit the candidate at its discretion and without being required to pay fees to the physical or legal person (including the placement agency) submitting the resumé. For the sake of clarity, the Careers site forms and integral part of the Site.   

8. Personal information

CDPQ complies with prevailing and applicable legislation in personal information matters. The Visitor accepts CDPQ’s practices with regard to the processing of and the measures to safeguard the personal information set out in the Privacy Policy.

9. General provisions

9.1 Definitions

For the purposes of this notice, the word “Representatives” includes CDPQ, affiliates of CDPQ and their respective directors, officers, employees, agents and providers.

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

9.2 Entire agreement

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

9.3 Interpretation

In the event of discrepancy between the different linguistic versions of the Site, 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.

9.4 Applicable law

The Conditions are governed by the laws of the Province of Québec and the applicable Canadian laws, notwithstanding any principle governing conflicting laws. The Visitor agrees to be bound to and to comply with the aforementioned laws. In addition, the Visitor who accesses or uses the Site from another jurisdiction shall be responsible for ensuring that his access and use is legally permitted in that jurisdiction and he agrees to comply with local laws, to the extent that they apply to the Visitor. In the event of any dispute related to this Site or to the Conditions, the Visitor accepts the exclusive jurisdiction of the courts of the Province of Québec and the Federal Court of Canada. The Visitor agrees not to initiate any action or proceeding anywhere other than in Montréal, Québec (Canada) with regard to such a dispute.

9.5 Specific rules

In the event of discrepancy between one of the conditions set out in these Conditions and a specific condition set out on a page of the Site in relation to some particular Content, the specific condition takes precedence.

All rights reserved to the CDPQ

Last update: February 1, 2017