These Website terms and conditions of use (“Terms of Use”) describes the legal conditions that apply to any Internet user visiting the Equans Services Inc. (hereinafter referred to as “Equans”) website or the website of its subsidiaries and affiliated companies (hereinafter referred to as the “Websites”). By consulting the Websites, you agree to be bound by and comply fully with these Terms of Use. If you do not wish to agree to these Terms of Use, you must not access or use the Websites. We advise you to consult these conditions regularly as they can be modified at any time without warning. Any change to these Terms of Use of use will take effect immediately after it is published and will be immediately opposable to third parties. If any term, condition or any change thereto is not acceptable to you, you must discontinue immediately your use of the Websites. Access to or use of the Websites after any amendments have been posted shall constitute your acceptance of the Terms of Use as amended.
1. Nature and Use of the Information
Equans and its subsidiaries and affiliated companies have created these Websites for personal use by their visitors. Equans makes every effort to ensure that the information available on the Websites is accurate and up-to-date, and Equans reserves the right to modify the content of the Websites at any time without prior notice, which include any and all content, material, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Websites. We therefore invite you to consult it regularly.
Equans hereby grants you a personal, limited, revocable, non-transferable, non-assignable and non-exclusive license to access, use, read and print the content of the Websites for your personal, non-commercial, and not-for-profit use only. Your use of the Websites does not transfer to you any ownership or other rights in the Websites or its content. You may use the Websites for legitimate purposes and only in the manner described expressly in the Terms of Use and subject to all applicable laws. Using the Websites for any other purpose or in any other manner is strictly prohibited.
We have compiled the content of the Websites with the greatest possible care. However, the Websites are provided for informational purposes only. However, Equans cannot guarantee 100% that the content of the Websites is correct, accurate, current, updated and complete, that the Websites will function uninterrupted and/or will be free of errors. In addition, the integrity of the Websites and the use made of the Websites cannot be guaranteed to be secure, free from viruses, Trojan horses, worms or other destructive, or disruptive components, defects, or error-free as information could be intercepted, corrupted, lost, or destroyed.
Visitors who rely on the information contained on the Websites do so entirely at their own risk. The information on the Website (including information uploaded by users, if any), is provided on an “as is” basis, without any form of warranties, representations or conditions, whether express or implied, to the maximum extent permissible under law. Equans makes no express or implied warranty of merchantability or fitness of any information contained on its Websites for any particular purpose. Equans will not be liable to you, or anyone else, for any decisions or use you, or anyone else, make in relation to the information provided through the Websites.
To the extent permitted by law, Equans, including its subsidiaries and affiliates, officers and employees, hereby excludes any liability for any damage whatsoever, direct and/or indirect, in any way caused by and/ or arising from the use of the Websites or any other site linked to the Websites, including – but not limited to – any damage whatsoever arising in any way from and/or arising from:
- any inaccuracy or omission in the information presented on the Websites;
- any damage resulting from a fraudulent or otherwise illegal intrusion by a third party leading to the modification of the information or material provided on the Websites;
- generally, any damage, direct or indirect, whatever its cause, origin, nature or consequences, such as:
- (i) access to or inability to access the Websites;
- (ii) the use of the Websites, including any damage of any person (including to intellectual property rights) or viruses that may affect your computer system or any other element; and / or
- (iii) reliance on any information provided directly or indirectly on the Websites. Equans categorically rejects any interpretation of these Terms of Use that tends to equate the content of the Websites with an offer to purchase or an invitation to purchase shares or other securities, whether publicly traded or not, of Equans, any of its subsidiary companies, or companies with which it is directly or indirectly related (each an “Equans member company”, and collectively “Equans member companies”).
Although each Equans member company is a distinct legal entity, the terms “Equans entities”, or “we”, are sometimes used to refer to all Equans member companies, or when it is not necessary to identify a particular Equans member company. The Websites may give access to other Equans member company websites, which may have their own legal notices, which should be consulted and respected.
2. Prohibited Conduct
You agree to access and use the Websites and its content only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Websites by any third party. Such restriction or inhibition includes, without limitation, (i) conduct which is unlawful, contrary to public policy and morality, or which may harass or cause distress or inconvenience to any person, or (ii) the disruption of normal flow of dialogue within the Websites, or anything which in the sole discretion of Equans imposes an unreasonable or disproportionately large load on the Equans Websites infrastructure.
Without limiting the generality of the foregoing, you are prohibited from attempting to circumvent and from violating any security measures of the Websites. You are also prohibited from, without limitation (i) modifying, translating, reverse engineering, decompiling, disassembling the Websites, the content or any part thereof; (ii) using any robot, spider, or other automatic device, process, or means to access the Websites for any purpose, including monitoring or copying any of the material, and content on the Websites; (iii) attempting to breach or breaching the security and/or authentication measures which are not authorized; (iv) restricting, disrupting or disabling service to users, hosts, servers, or networks; (v) illicitly reproducing TCP/IP packet header; (vi) disrupting network services and otherwise disrupting Equans ability to monitor the Websites; (vii) renting, leasing, sublicensing or transferring any rights in the Websites or the content; (viii) violating, plagiarizing or infringing on the rights of Equans or any third party, including intellectual property rights, privacy, contractual or other personal or proprietary rights; (ix) any unauthorized use of the content (including use on any other website or networked computer environment); (x) introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (xi) attacking the Websites via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; (xii) engaging in any conduct which Equans, in its sole discretion, determines to be detrimental to its interests, including, without limitation, acting in a manner contrary to these Terms of Use, or intentionally interfering with the proper working of the Websites or Equans’ computer systems; and (xiii) modifying any of the pages, removing or altering any visible or non-visible identification, marks, notices, or disclaimers.
3. Intellectual Property
3.1 Copyright
All information available on the Websites (including documents contained on the Websites and all elements created for the Websites) are the property of Equans or its subsidiaries and affiliated companies and are protected by Canadian and international intellectual property laws. Equans entities will at all times solely own and retain all rights, title and interest to all information available on the Websites. Reproduction of materials on the Websites is permitted only for informational purposes and for personal and private use. Any reproduction or use of the information contained on the Websites for other purposes is expressly prohibited.
3.2 Trademarks
Unless otherwise stated, all company names, logos, trademarks and trade names mentioned on the Websites are registered trademarks of Equans and may not be used or reproduced without Equans’ written authorization. All rights are reserved. It is strictly prohibited to use in any way the trade names, trademarks and logos displayed on the Websites or any other word, expression, name or symbol which could cause confusion as to the link or association of the user with Equans or its endorsement or sponsorship of user’s products or services. Nothing appearing on the Websites or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trade names, trademarks and logos displayed on the Websites.
4. Protection of Personal Information
For more information about the use of your personal information and how Equans collects it on its Websites, please consult our Privacy Policy. For more information about our use of cookies, please consult our Cookie Notice.
5. Linked Sites and User Generated Content
For your convenience, the Websites may provide links or references to Internet sites or resources operated by third parties (collectively “Linked Sites”). Linked Sites are independent from Equans, and Equans does not endorse, and have responsibility or liability for or control over, any Linked Site, any products, services or content available through a Linked Site or the collection of your personal information through a Linked Site or by the owner or operator of a Linked Site. Your use of a Linked Site and your dealings with the owner or operator of a Linked Site are at your own risk, and you will not make any claim against Equans arising from, connected with, or relating to your use of a Linked Site, your dealings with the owner or operator of a Linked Site or any product, service or content available through a Linked Site. We may use any information or other material that you provide to Equans and you agree to such use. You warrant that the information or material a) does not infringe the intellectual property rights of third parties, and b) is not otherwise unlawful towards third parties.
Equans may in its discretion cancel and revoke any permission it may give to link to the home page of the Websites at any time and without any notice or liability. The framing, mirroring, scraping or data mining of the Websites in any form and by any means is strictly prohibited. Equans reserves the right to move or change the Websites URL at any time in order to meet changing business needs and to continually improve our online service.
Listing and linking should not be taken as an endorsement of any kind and we accept no liability in respect of the content, information, products or services appearing, available or described in said Linked Sites. We cannot guarantee that these links will work all of the time and have no control over the availability of the Linked Sites. When you access Linked Sites, you are doing so at your own risk, and you should abide by the terms and conditions of use of the Linked Sites.
Users may place information on certain parts of the Websites. It is impossible for Equans to verify the accuracy of this information in advance. Equans is therefore not responsible or liable for this information. Equans reserves the right to shorten, change or delete this information at any time. If a user notices any illegal or illicit content on any of the Websites, they should report such content using the contact information below. By submitting information, you agree that Equans is not required to (i) use any information, (ii) identify you when using any information you may have submitted nor (iii) treat any information as confidential, and will be entitled to use the information, or any part thereof for any purposes whatsoever. By submitting information, you hereby grant (or warrant that the owner of the information grants) to Equans and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, assignable, transferable, sublicensable, right and license to copy, modify, publish, create derivative works from, distribute, publicly display and otherwise use the information or any ideas, concepts, know-how or techniques associated with the information for any purpose whatsoever. You also agree, represent and warrant that all moral rights in the information are waived in favour of Equans and its assigns.
6. Warnings Regarding Forward-Looking Statements
The Websites may contain certain statements which are not historical facts and which may constitute forward-looking statements, including (but not limited to) statements relating to forecasts of events, trends, future plans or goals. These statements are based on management’s current beliefs and assumptions and are subject to significant risks and uncertainties that could cause actual results to differ from the results expressed or implied in forward-looking statements (or past results). Forward-looking statements are valid only as of the date they are communicated and Equans is under no obligation to update or revise them, whether as a result of new information, future events, or for any other purpose.
7. Indemnification
You agree to indemnify, defend, and hold harmless Equans, and its subsidiaries, affiliates, directors, officers, employees, representatives, licensors and licensees (collectively, the “Indemnified Parties”), from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, sustained, incurred or paid by the Indemnified Parties, resulting from any violation of the Terms of Use or any activity related to your use of the Websites, by you or any other person accessing the Websites on your behalf, or your violation of any law or the rights of such third party. You will assist and co-operate as fully as reasonably required by the Indemnified Parties in the defence of any such claim or demand.
8. Miscellaneous
Equans reserves the right to make changes and corrections to the Websites and/or these Terms of Use at any time without notice. The Terms of Use as it may be amended from time to time constitute the entire agreement between you and Equans with respect to the access or use of the Websites and supersede any previous and contemporaneous communications, representations, understandings and agreements, whether oral or written, between Equans and you with respect to such subject matter.
The provisions of the Terms of Use shall endure to the benefit of and be binding upon Equans and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, and personal representatives (and those of any person you represent). Any assignment or other transfer of the rights granted by these Terms of Use is strictly prohibited. We may, however, assign any of our rights and obligations under these Terms of Use to a third party, without obtaining your prior consent.
If for any reason a court of competent jurisdiction finds any provision of these Terms of Use to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law.
These Terms of Use and the use of the Websites are governed by the laws of Quebec and Canada applicable therein, without reference to conflict of laws principles. Any disputes arising from this or otherwise related to the Websites will be adjudicated by the courts in the City of Montreal, Quebec, Canada.
8. Miscellaneous
You acknowledge having been offered the choice to enter into these Terms of Use in English and in French and having expressly requested to enter into these Terms of Use in English only, after being provided with the French version. Therefore, you hereby consent to these Terms of Use being drawn up exclusively in English and to have all related documents be drawn up in English only.
Vous reconnaissez vous être fait offrir le choix de conclure ces conditions d’utilisation en anglais et en français et avoir expressément demandé de le conclure uniquement en anglais, après avoir reçu la version française. Par conséquent, vous convenez que ce contrat soit rédigé exclusivement en anglais et que tous les documents qui s’y rattachent soient uniquement en anglais.
10. Contact
If you have any questions about these Terms of Use, please contact us at:
Equans Services Inc. 1100 René Lévesque Ouest, Bureau 720, Montréal (Québec) H3B 4N4.
Attn: Jean-Marc Therrien, Vice President Legal Affairs
Contact form: https://www.equansservices.com/en/contact