Terms and Conditions

Acceptance of the Cooperathon Platform Terms and Conditions of Use

 These terms and conditions of use for the Cooperathon Platform, constitute a legal agreement and are entered into by and between you and the Desjardins Financial Group (”Desjardins,” “we,” “us,” “our”). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions”), govern your access to and use, including any content, functionality, and services offered on or through the Cooperathon Platform.

You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Cooperathon Platform, in any form or medium whatsoever except your computer and browser may temporarily store or cache copies of materials being accessed and viewed.

Users are not permitted to modify copies of any materials from this site nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Cooperathon Platform or any services or materials available through the Cooperathon Platform without first entering into a specific agreement with Desjardins regarding same.

 You are prohibited from attempting to circumvent and from violating the security of the Cooperathon Platform including without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restrict disrupt or disable service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting the Cooperathon Platform owner’s ability to monitor the Cooperathon Platform; (f) use any robot, spider, or other automatic device, process, or means to access the Cooperathon Platform for any purpose, including monitoring or copying any of the material on the Cooperathon Platform; (g) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attack the Cooperathon Platform via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempt to interfere with the proper working of the Cooperathon Platform.

 

User Submissions

 The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit”) to the Cooperathon Platform, to other users or other persons, whether in the context of a competition or otherwise (collectively, “User Submissions”), and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws and regulations.

 Without limiting the foregoing, you warrant and agree that your use of the Cooperathon and any User Submissions shall not: 

(a)  In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy.

(b)  Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground or be otherwise objectionable.

 (c)  Involve stalking, attempting to exploit any individual or harm minors in any way by exposing them to inappropriate content or otherwise nor ask for personal information.

 (d)  Involve, provide or contribute any false, inaccurate or misleading information.

 (e)  Impersonate or attempt to impersonate Desjardins, a Desjardins employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).

 (g)  Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, commercial activities or sales, including without limitation any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.

 (h)  Include engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Cooperathon Platform, or which, as determined by us, may harm Desjardins or users of the Cooperathon Platform or expose them to liability.

 (i)  Include causing annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.

 (j)  Promote any illegal activity, or advocate, promote, or assist any unlawful act.

 (k)  Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

Subject to the rules of any competition in which you choose to participate, you will remain the owner or licensee of intellectual property rights that may exist in your User Submissions. By providing any User Submission to the Cooperathon Platform, you grant us and our affiliates and their respective successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, perform, display, distribute, and otherwise disclose to third parties any such material solely for the purpose of operating the Cooperathon Platform without compensation to you.

 By submitting the User Submissions you declare and warrant (i) that you own the rights to your User Submissions or have been granted the rights necessary to submit the User Submissions, and have the right to grant the license hereof to us and our affiliates and their respective successors and assigns to the User Submissions and (ii) that the User Submissions comply with these Terms and Conditions and with applicable laws.

 You understand and agree that you, not Desjardins, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable including to any third party for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Cooperathon Platform.

 

Site Monitoring and Enforcement, Suspension and Termination

Desjardins has the right, without provision of notice to: 

1. Remove or refuse to post on the Cooperathon Platform any User Submissions for any or no reason in our sole discretion.
2. At all times, to take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including without limitation, for violating the Terms and Conditions.
3. Take appropriate legal action, including without limitation, referral to law enforcement, regulatory authority or harmed party for any illegal or unauthorized use of the Cooperathon Platform. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Cooperathon Platform.
4. Terminate or suspend your access to all or part of the Cooperathon Platform for any or no reason, including without limitation, any violation of these Terms and Conditions.

YOU WAIVE AND HOLD HARMLESS DESJARDINS AND ITS AFFILIATES FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY DESJARDINS RELATING TO ANY, INVESTIGATIONS BY EITHER DESJARDINS OR BY LAW ENFORCEMENT AUTHORITIES.

 We have no obligation, nor any responsibility to any party to monitor the Cooperathon Platform or use thereof, and do not and cannot undertake to review material that you or other users submit to the Cooperathon Platform. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

 

No Reliance

 The content on the Cooperathon Platform is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on the Cooperathon Platform.

 Although we make reasonable efforts to update the information on the Cooperathon Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on the Cooperathon Platform is accurate, complete or up to date. Your use of the Cooperathon Platform is at your own risk and Desjardins has no responsibility or liability whatsoever for your use of the Cooperathon Platform.

 The Cooperathon  Platform includes content and data provided by third parties, including from other users and third-party licensors. All third-party content and data, other than the content and data provided by Desjardins, are solely the responsibility of the person or entity providing those materials. Desjardins is not responsible, or liable to you or any third party, for the content or accuracy of any third-party materials.

 

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE COOPERATHON PLATFORM AND ITS CONTENTS IS AT YOUR OWN RISK. THE COOPERATHON PLATFORM AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 NEITHER DESJARDINS NOR ANY OF ITS AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS MAKES ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE COOPERATHON PLATFORM OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER DESJARDINS NOR ANY OF ITS AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS REPRESENTS OR WARRANTS THAT THE COOPERATHON PLATFORM OR ITS CONTENTS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE COOPERATHON PLATFORM WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE COOPERATHON PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

Limitation on Liability

 UNDER NO CIRCUMSTANCE WILL DESJARDINS, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDEMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, RELIANCE ON, THE COOPERATHON PLATFORM, ANY LINKED WEBSITES OR SUCH OTHER THIRD PARTY WEBSITES, NOR ANY CONTENTS, MATERIALS, POSTING OR INFORMATION THEREON.

 

Indemnification

 To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Desjardins, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Cooperathon Platform, including, but not limited to, your User Submissions, third party sites, any use of the contents of the Cooperathon Platform as expressly authorized in these Terms and Conditions.

 

Governing Law and Jurisdiction

 The Cooperathon Platform and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of the Province of Quebec or any other jurisdiction) and notwithstanding your domicile, residence or physical location. 

 Any action or proceeding arising out of, or relating to your use of the Cooperathon Platform, and under these Terms and Conditions will be instituted in the courts of the province of the Province of Quebec, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

 

Waiver

 No waiver under these Terms and Conditions is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

 

Severability

 If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

 

Entire Agreement

 The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Desjardins regarding the Cooperathon Platform and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

The Cooperathon Platform is operated by Desjardins, a cooperative, having its registered office at 100 rue des Commandeurs, Lévis, Québec, G6V 7N5.

Should you become aware of misuse of the Cooperathon Platform including libelous or defamatory conduct, you must report it to Desjardins at: info@cooperathon.com.

All other feedback, comments, requests for technical support, and other communications relating to the Cooperathon Platform should be directed to: global@cooperathon.com.