» General Terms of Use

 

The following document states the terms and conditions of the agreement between you (the visitor of our website and/or the user of our services (the “Visitor”), on the hand, and the operator of this website, My Socially Responsible Investments division of the Centre Financier Carrefour Inc. corporation (the “Operator”), on the other hand. As such, this document spells out the conditions according to which you may use our Site and our Services, subject however to additional terms and conditions that may apply to specific services which you may wish to benefit from, from time to time.

 

Application of this agreement

We ask that you read carefully the content of this document prior to accessing or using our website mesplacementsresponsables.com (our “Site”) and any of the functionalities, products or services that may be associated with our Site (collectively our “Services”). By accessing or using the Services, you (the Visitor and user) agree to be bound be these Terms and Conditions of Use (the “Agreement”), whether you have read what follows or not. If you do not wish to be bound be the terms and conditions of the Agreement, then we ask that you refrain from using our Site and the Services. Failing this, the parties agree that the following terms and conditions will apply to use of this Site by all Visitors.

 

Conditions relating to various aspects of the services

We hereby grant you the non-exclusive and non-transferable personal right and license to display our Site on your computer and to print its content, the whole strictly for your personal use, including the documents that may be made available through our Site or our Services. This license does not include the right we may provide to you. Any files that you may download from our Site may contain technological protection measures and/or digital rights management mechanisms that, as the case may be, you agree to refrain from by passing or deactivating. The Operator reserves the right to limit, with or without prior notice, the number of permitted downloading and/or devices, on which a same file may be installed, viewed or used. Unless otherwise indicated on our Site, any and all documents and other content displayed through our Site or the Services are protected by copyright legislation and treaties (© All Rights Reserved 2011-2016, for Centre Financier Carrefour Inc.).

 

You may require an account name and a password in order to avail yourself of some of our Services. If you create an account to avail yourself of our Services, you warrant and represent to the Operator that all information provided upon creation of your account, or thereafter updated, is true and accurate, and will thereafter be kept up-to-date. As consideration for the disclosure of the information relevant to each account, the Operator undertakes to maintain the confidentiality of any personal information that is not part of the public domain and that may have been provided in the context of an account creation or maintenance. The Operator reserves the right to close, deactivate or modify any user account where it believes the user has failed to abide by the provisions of his Agreement. If you do create a user account, you consent to receive electronic communications from the Operator and relating to the subject-matter of our Site, to the extent of the permission(s) that you may grant upon subscribing, according to the particular choices that you may then express.

 

The Site and the Services may provide access to information that we make available for our users’ convenience only, for your information, as a free service meant for the whole of our Visitors (“Information Obtained Through our Site”). As such, we may not be held liable for any yups or mistakes which our Information or Site may contain, nor for any prejudice that you may suffer because of your reliance on the said information. You remain responsible to verify the exactness of any and all Information Obtained Through our Site, as well as how this information relates to your particular situation, as the case may be. The Operator may not be held liable for any prejudice whatsoever, whether direct to indirect, relating to your use of the Information Obtained Through our Site, which we encourage you to always validate with a competent broker or financial advisor.

 

Conditions relating our products

If, from time to time, we provide you with any tangible product or provide you with access to digital content (for example documents or files), in the context of providing our Services (collectively our “Products”), then such Products will generally be provided free of charge and without any warranty whatsoever, including as to the results you may expect therefrom. However, if, from time to time, we provide you with any software or application so as to allow you to benefit from the Services (an “Application”), you agree that you may not and shall not retro-engineer, decompile nor disassemble any Application, nor any component thereof, nor try in any way to access its source code. As the case may be, any such Application may contain proprietary information and/or trade secrets of the Operator that you agree not to disclose to anyone else if you do get access to them.

 

If you obtain a software Product from our Site or Services, you consent to receive updates and upgrades from the Operator, to the extent of the permission(s) that you may grant upon downloading, according to the particular choices that you may express. To the extent that we provide you with any Products, such products will be provided as is, as made available by us, without any warranty whatsoever, and solely for your information, for personal purposes and convenience, and sole to the extent necessary to benefit from our Service. As the case may be, you agree that you may not and shall not copy, resell or otherwise, in any manner whatsoever, otherwise than is reasonably necessary to use the Services. This agreement does not confer on you any other licence or permission regarding any works protected by copyright legislation or any other legislation relating to intellectual property. The Operator reserves any and all rights not expressly granted herein and relating to the Products and the Services. To the extent that the Operator determines in its discretion that a Product downloaded from a Visitor is defective, the Operator may opt to replace the said Product, without any warranty whatsoever.

 

Conditions relating referrals

If, from time to time, we provide you with professional referrals related to the activities of our Site or our Services (“Referrals”), you agree that such Referrals will be provided free of charge and completely without any warranty, including as to the results you may expect from such Referrals. The Operator disclaims any and all liability or warranty whatsoever relating to information and/or services that may be provided by professionals or providers of services that you may be referred to through our Site or the Services (each a “Professional”). Without limiting the generality of the foregoing, the Operator will not be liable and may not be held responsible for any issue relating to the competency, the ability or the professionalism of other Professionals that your decide to retain, as the case may be. The Operator will not intervene and will have no role to play in the performance of services of our own professionals. As the case may be, you remain fully responsible to determine and verify the status and capacity of the Professionals that you elect to retain, as well as the conditions according to which they might provide such services, as the case may be.

Conditions relating purchases

Prices displayed on our Site are shown in Canadian dollars. Any applicable prices and other fees and taxes are payable upon each order, in Canadian dollars, by credit card payment. The Operator may not be held liable for any or problem in delivering goods ordered through our Site and which stem from issues relating to telecommunication or your Internet connection. Should an article that you ordered form our Site prove to be defective (or not correspond to that which was ordered), then the Operator will exchange it (or deliver the item as ordered), by making available a new item that corresponds to your initial order, provided you notify us within ten days of your original downloading. WE OFFER NO REIMBURSEMENT, UNDER ANY CIRCUMSTANCES WHATSOEVER. Without limiting the generality of the foregoing, the Operator will not be liable for any problem stemming from any issue of compatibility between an Application or a Product, on the one hand, and any specific electronic device, on the other hand, except in the event that the description of the application or product at issue, as show on our Site, proves erroneous or inexact.

 

Waiver of warranties

The Operator, its employees, Officers and Directors disclaim, and you hereby waive, any and all warranties and liabilities of the Operator, whether express or implied, arising by operation of law or otherwise, with respect to our products, or services and our site, including, but not limited to, any implied warranty of non-infringement. You acknowledge and accept that use of our products and services is at your own risk, and that our services are provided as is, they may contain. Without limiting the generality of the foregoing, the Operator, its Employees, Officers and Directors disclaim, and you hereby waive, any and all warranties as to the accuracy, integrity or completeness of the content provided on our Site, including any advice or other Product or Services. The foregoing disclaimer of warranties will apply to the fullest extent allow by applicable law and will survive the termination or expiration of this agreement.

 

Applicable exclusion and limits of liability

The Operator will under no circumstances be responsible or liable for any prejudice relating to the use of its Products and Services, including as to the tax or financial consequences of such use. Moreover, you acknowledge and accept that no information or recommendation that may be offered by our site is to be considered financial or legal advice, and that our offering such information or recommendation does not create or involve any obligation nor any warranty on our part towards you. Without limiting the generality of the foregoing, the Operator, its Employees, Officers and Directors will under no circumstances be liable to you for any damages whatsoever relating to our Services or your reliance thereon, whether such damages be direct or indirect, incidental, special, punitive or accessory, including without limitation your use of the information so provided by our Site, your use of our Services, your use of our Products or your use of Referrals that we provide, as the case may be. The Operator, its Employees, Officers and Directors will also not be liable for any loss or damages of any nature whatsoever, whether as a result of warranties or civil liability or any other theory or legal regime, and resulting from your use of our Products or Services. The foregoing exclusion will apply even if the Operator be held liable for damages at issue. Should the Operator has been advised on the possibility of the damages which you suffered notwithstanding the foregoing exclusion, the total liability of the Operator (its Employees, Officers and Directors) will in any event be limited to an amount of ten dollars ($10.00).

 

Indemnity

In consideration for your free access to our Site and most of our Services, you agree to indemnify, defend and hold harmless the Operator and it Employees, Officers and Directors against any claims, demands, costs, expenses, losses, liabilities and damages of any nature whatsoever (including, without limitation, any legal fees), suffered, directly, by the Operator, its Employees, Officers or Directors, in relation to (a) your access or use of our Services; or (b) your violation of the provisions of the Agreement. The foregoing provisions relating to indemnity will survive the termination or expiration of this Agreement.

 

Links to other websites

Our Site may contain links to other websites or content produced by third parties. You acknowledge that the Operator does not control such content, including the content of such third party sites. You also acknowledge and agree that the section entitled “Your Investor Profile” may not be managed directly by the Operator, but is rather a tool offered by a third party (Standard Life) an that, as such, we may not be held liable for the information to the recommendations that may be displayed or offered thereon.

 

General provisions and personal information

Any notice or other correspondence relating to this Agreement and meant for the Operator must be sent and delivered (postage prepaid) to: centre Financier Carrefour Inc., a/s Division My Socially Responsible Investments, 1090 rue de l’Église, Montréal Québec Canada H4G 2N5. This Agreement is governed by the laws of the Province of Québec, Canada, and the laws of Canada applicable therein. The parties agree to file any legal proceedings relating to this Agreement before the competent courts of the Judicial District of Montréal, in Québec, Canada, to the exclusion of any other tribunal or jurisdiction.

 

This Agreement is binding upon and ensures to the benefit of the parties and their respective successors and permitted assigns. Nothing in this Agreement will be presumed to confer any rights or advantages to any third parties, except for permitted assigns. If any provision of this Agreement shall be determined by any court of competent jurisdiction to be illegal, invalid or unenforceable, that provision shall be severed from this Agreement and the remaining provisions shall continue in full force and effect.

 

The Operator reserves the right to modify or change the terms and conditions of this Agreement, from time to time, with to without prior to Visitors. As such, you acknowledge that the Operator may so notify you, from time to time, by displaying the revised terms and conditions on the Site. The Operator reserves the right to modify, alter or discontinue any aspect of the Services, with or without prior to Visitors.

 

Visitors that wish to know about our practices as to personal information are invited to communicate with the Operator, by using the contact information set forth above and on this Site. Depending on the nature of the consent provided to the Operator upon registration, Visitors that provide us with their name and/or contact information may thereafter be contacted by the Operator, to offer to provide certain Services and/or other information or services, or even to send them other offers, which may include commercial solicitation. That being said, we will not share the personal information obtained or collected through the operation of our Site with any third parties, and we undertake to remove from our database, upon request, the name and contact information of users who may wish for us to do so.