Terms of use and Privacy

1. ACCEPTANCE OF TERMS

This Terms of Use Agreement (the “Terms of Use”) states the terms and conditions under which you may use the website located at qemp.ca and all products, services, content, tools, and information available through the website (referred to collectively as the “Site” or the “Site Content”). Please read the Terms of Use carefully. By accessing, browsing and/or using this Site, you acknowledge that you have read, understood and agreed to be legally bound by the Terms of Use.

1.1 Use
Your use of this Site is governed by the version of the Terms of Use in effect on the date this Site is accessed by you. You may not use the Site in any manner that could damage or overburden any servers, or any network connected to any of these servers. You are prohibited from any use of the Site that would give rise to liability or otherwise violate any applicable laws or regulations or the Terms of Use. You may not publicly perform, publicly display, transmit, publish, participate in the sale or transfer of, modify, or create derivative works based on anything available through the Site, in whole or in part. You shall not store electronically any significant portion of any part of the Site. No reverse engineering, linking, framing, or modification of any part of this Site is allowed without the Site owner’s prior written consent.

Any modification or unauthorized use of the Terms of Use is a violation of the Site owner’s copyrights and other proprietary rights. We reserve the right to change this Site and the Terms of Use at any time, without notice. If you use the Site after the amended Terms of Use have been posted, you will be deemed to have agreed to the Terms of Use, as amended.

2. PRIVACY

We reserve the right, but do not have the obligation, to access, archive, or monitor any use of this Site by any users as well as any communications regarding the Site. By using the Site, you accept the Site owner’s right to access, archive, or monitor usage to ensure service quality, or to evaluate the Site, the security of the Site, compliance with these Terms of Use, or for any other reason, as permitted under applicable laws. You agree that its monitoring activities will not entitle you to any cause of action or other right with respect to its monitoring of the Site and the enforcement or attempt to enforce these Terms of Use. You further agree that in no event will the Site owner, or any of its affiliates, be liable for any damages incurred by you as a result of the Site owner’s usage monitoring of the Site.

We discourage you from using e-mail for sending confidential or sensitive information. If you send an e-mail (encrypted or not) to the Site owner or any parties connected to the Quebec Emerging Managers Program (“QEMP”) over the Internet, you are accepting the associated risks of lack of confidentiality.

Please refer to the Privacy Notice for information on how your personal data will be handled.

QEMP’s Privacy Officer may be reached at: Carolyn.Cartier-Hawrish@innocap.com.

3. CONTENT

The content of the Site is provided in the context of the QEMP for informational purposes only. Nothing on this Site shall be considered a solicitation to buy or an offer to sell a security, or any other product or service, to any person in any jurisdiction where such solicitation, offer, purchase or sale would be unlawful under the laws of that jurisdiction. The provision of any information through this Site shall not constitute or be considered to be investment, financial or other advice.

Reasonable precautions have been taken to ensure that Site Content is complete and accurate. However, due to the nature of information delivery technology and the necessity of using multiple data sources, including third party content, we are unable to guarantee the accuracy of the data you access through this Site. Site Content is presented only as of the date published or indicated and may change without notice following market events or other reasons. The Site owner has no duty to update this Site or any Site Content. We shall not be liable to you or any third party for any damages arising from any actions or investment decisions taken by you based on the accuracy of the data presented through this site.

4. LIMITATION OF LIABILITY

You acknowledge and agree that this site is provided on an “as is” and “as available” basis. The Site owner expressly disclaims all liability for direct or indirect losses (including lost profits), damage, liability claims, receivables, costs or consequential damage that result from the use of or access to the Site or from links to third-party websites or that may occur due to information being retrieved on the Site. This also applies to liability as a result of negligence, even if the Site owner are parties connected to the QEMP were informed about the possibility of such consequences.

These limitations apply only as far as applicable laws permit.

5. INTELLECTUAL PROPERTY

5.1 Acknowledgement.
You acknowledge that this Site, including all texts, software, graphics, images and other material, is protected by applicable copyrights, trademarks, trade secrets, patents, proprietary rights and other intellectual property laws, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now or developed in the future. Accordingly, you may not reproduce, distribute and/or modify the interface or logos including certain names, graphics, icons, designs, words, titles or phrases, except as explicitly authorized by the Site owner in writing.

5.2 Claims Procedure.
We reserve the right to remove from this Site, any content that is alleged to infringe someone’s copyright. If you reasonably believe that your copyrighted work is accessible on this Site in a way that constitutes copyright infringement, please contact us.

6. CYBER RISKS

The Site owner also disclaims all liability for any kind of manipulation of the user’s IT system. It specifically draws attention to the risks of viruses or other harmful programs and to the possibility of hacking attacks. It is highly recommended, therefore, that you use the latest browser versions and anti-virus software.

The Site may contain links to other websites, owned and operated by third parties. The Site owner has no responsibility for these third-party websites or their content and shall have no liability for any damages or in other way in connection with those links.

7. MISCELLANEOUS

7.1 Failure to enforce.
Failure by the Site owner to enforce any provision(s) of these Terms of Use shall not be construed as a waiver of any provision or right.

7.2 Governing Law.
This Agreement will be governed and interpreted under the laws of the province of Quebec and the laws of Canada applicable therein and you consent and submit to the exclusive jurisdiction of those courts for the purposes of litigating any such action.

7.3 Severability.
If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions shall remain in full force and effect.

7.4 Headings are for convenience only.
Captions and paragraph headings are for convenience only and shall not form an interpretative part of this Agreement.

7.5 Compliance.
You shall comply with all laws, rules and regulations by any governmental authority or agency which govern or apply to the operation and use of the Site. Without limiting the foregoing, you agree to comply with such restrictions and not to export or re-export any of the Site content to countries or persons prohibited under the export control laws of Canada.

7.6 Assignment.
These Terms of Use inure to the benefit of the Site owner, its successors and assigns. You may not assign the Terms of Use.

7.7 No Waiver.
No waiver shall be effective unless in writing.

7.8 All rights reserved.
All rights not expressly granted herein are reserved by the Site owner.