Canadian Institutional Investment Network™ Website and Database
(Last updated October, 2019)
2. DATABASE LICENCE
Contex Group Inc. grants to you a personal, non-transferable and non-exclusive licence to use the Database and all associated documentation published by Contex Group Inc. on the Site or otherwise provided to you in connection with the Database (the "Documentation"), solely for your own internal business or personal purposes and solely through the Site.
3. LICENCE TERM, RENEWALS AND CANCELLATION
Your licence to use the Database continues for a period of twelve (12) months following the date on which you purchased your subscription. You will receive a renewal notice at least 30 calendar days in advance of your subscription expiry date.
4. DATABASE SECURITY
Only individuals authorized by Contex Group Inc. to access the Database may use the Database. Each individual authorized by Contex Group Inc. to access the Database will be issued a unique user name and password to access the Database through the Site. If you have purchased a single-user licence, only the individual to whom the username and password was issued may use the Database. If you have purchased a multi-user licence, only those individuals to whom unique user names and passwords were issued may use the Database. In no event may more than one person access the Database using the same username and password. You are solely responsible for protecting your user name and password. We are not liable for any claims, losses, actions, damages, suits or proceedings relating to the sharing or disclosure of your user name and password with others. You agree to notify Contex Group Inc. immediately after you become aware of any unauthorized use of your user name and password, and to take such reasonable steps as are necessary to prevent any reoccurrence of such event.
5. PROPRIETARY NATURE OF SITE, DATABASE AND CONTENT
The Site; all articles, text, information, reports, images, audio, video and other elements or material posted on the Site ("Content"); the Database; all data contained in the Database (the "Data"); all Documentation; and all downloadable Database search results (all of the foregoing are collectively referred to herein as the "Proprietary Materials"), are protected by copyright, trade-mark, database rights, and other intellectual property and proprietary rights laws, and are owned and/or controlled by Contex Group Inc. and/or its affiliates, licensors and related companies. All Proprietary Materials remain the valuable intellectual property of their owner(s), and are made available by to you solely for the purposes expressly authorized hereunder, and subject to the terms hereof. You agree to abide by all copyright and other intellectual property notices, information and restrictions contained in or displayed with any Proprietary Materials.
6. PROHIBITED USE OF THE DATABASE, THE SITE AND OTHER PROPRIETARY MATERIALS
Your use of the Site, Database and other Proprietary Material must comply with this Agreement, all applicable laws and all applicable Contex Group Inc. policies. You agree that you will not, directly or indirectly:
- copy the Database or any Documentation for any purpose;
- access or use the Database through any means other than the Site, or permit any unauthorized person to access or use the Database by any means or for any purpose;
- use any data from the Database ("Data") to create a similar or competitive database or service;
- transfer, lease, export or grant a sublicence of the Database or any rights granted to you herein to any other person unless authorized by Contex Group Inc. in writing;
- use the Database or the Documentation for any purpose not expressly authorized herein;
- re-publish or otherwise use the Database or any Data, in whole or in part, for any commercial purpose, except as expressly permitted herein; or
- sell any Data to a third party.
You agree further that you will not use the Site to, directly or indirectly:
- invade another person's privacy or collect, disclose or store personal information about other persons (including telephone numbers, street addresses, email addresses, last names, etc.);
- "stalk" or otherwise harass another person;
- harm minors;
- unlawfully promote or incite hatred;
- impersonate any person or entity, including, but not limited to a Contex Group Inc. official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
- transmit any information, software, email or attachment which contains any virus, worm, Trojan Horse or other harmful code or component.
7. DAMAGES FOR WRONGFUL ACCESS OR DISCLOSURE
If you copy, or permit the copying of the Database, in whole or in part, by any third party, you will pay to Contex Group Inc. twice the market value of the copied information, as determined by Contex Group Inc., at the time that the copy was made. If you permit the use of the Database by an unauthorized individual, you will pay Contex Group Inc. twice the market value of a personal licence to use the Database at the time that the breach of this Agreement occurred. The foregoing is without prejudice to any other remedies that may be available to Contex Group Inc. at law or in equity.
8. PREMISES AND TIME ZONE
Contex Group Inc. operates the Site from its offices located in Canada. Contex Group Inc. does not make any representation to the effect that all items on the Site may be used in other locations. Any person who accesses the Site do so at their own initiative and are responsible for complying with all laws applicable in their jurisdiction.
All content posted on the Site shall reference our server time (GMT-5), in case of any discrepancies between our published offer time and the retailer’s offer, the retailers offer time shall always govern.
9. CHANGES TO THE SITE
Contex Group Inc. reserves the right, at its sole discretion, to modify, suspend, limit the Services or terminate any item contained in the Site, at any time, including the availability of any content, function or database. Contex Group Inc. may also impose limits on certain items or restrict the access to certain sections of the Site without prior notice and without incurring any liability. Contex Group Inc. reserves the right, at its sole discretion, to correct any errors or omissions contained in the Site, at any time without prior notice.
10. REGISTRATION AND SECURITY
During the registration to a user’s account on the Site, you shall select a password and user name. If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. You may not: (i) select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person or to make false representations, (ii) use a user name that is subject to any rights of a person other than yourself without appropriate authorization, (iii) use a password or user name that Contex Group Inc. considers offensive, at its sole discretion or (iv) create a user name for a third party or group of individuals.
You are responsible for maintaining the confidentiality of your password and user name. You should notify Contex Group Inc. as soon as possible of any unauthorized use of your user account which you suspect or become aware of, or of any known or suspected breach of security.
You are responsible for any use of your user accounts on the Site. You are responsible for all activities that occur under your user name and shall ensure that you sign out from your account at the end of each session in the Site. Contex Group Inc. cannot be held liable for the unauthorized use of your user account or for any loss or damage arising among others as a result of your non-compliance with the security measures mentioned in this section.
You are responsible for updating your user account information on the Site and you have to remove any invalid information in order to prevent communications from being sent to the wrong person.
Due to the difficulties to make true and accurate authentication of a user’s information on the Internet, Contex Group Inc. makes no representation regarding the identity of its users. In case a conflict arises between you and one of Contex Group Inc.’s users, you agree that in no event shall Contex Group Inc. (including its officers, directors, employees, agents) be held liable for any loss, claims, damages or actions arising, directly or indirectly, from any acts or omissions related to such conflict.
11. ONLINE COMMERCE WITH THIRD PARTIES
As a user of Contex Group Inc.’s Site, you may receive various communications on products and services from third parties displayed on the Site. Through your use of the Site, you may have the opportunity to engage in commercial transactions with third parties.
The Site may contain platforms allowing third parties to provide offers and information relating to their products or services. Such third parties are solely responsible for fulfilling the terms of their offers and Contex Group Inc. shall in no event be responsible for any discrepancy between the information provided on the Site and the third party’s terms of fulfillment, including, without limitation, any difference with the in-store price and product description. Contex Group Inc. is not a party to any offer on the Site and does not endorse, recommend or sponsor any product, service or promotional offer available on the Site or on any third party website, other than contests in which it is specifically identified as a sponsor. Any correspondence, advertisement, purchase or promotion in relation to a third party, including, without limitation, the delivery of and the payment for, third party products and/or services, and any other term, condition, warranty or representation associated with such correspondence, advertisement, purchase or promotion, is solely between you and such third party. Contex Group Inc. makes no representations or warranties and does not provide or guarantee any advice regarding the suitability or potential value of any particular product or service or promotional offer of third parties. The images and photographs posted on the Site in relation to a product, service or promotional offer of a third party are provided solely for information purposes. You acknowledge that Contex Group Inc. does not pre-screen any content. In particular, Contex Group Inc. does not control the content created by third parties and makes no representation or warranty whatsoever regarding the accuracy of the information accessible on or through the Websites, including, without limitation, any information regarding rebates, coupons, discounts, deals, or other promotions for any product or service offered by a third party. Contex Group Inc. cannot guarantee that goods or services advertised on the Site will be available on any terms and conditions (including price) described on or through the Site at any time. You agree that all such transactions are at your own risk. Contex Group Inc. declines any liability towards such transaction with third parties.
In no event shall Contex Group Inc. be liable, directly or indirectly, to anyone for any transaction entered into with third parties in connection with such products, services or other materials for any damages or liability from such services or related thereto. In case a conflict arises between you and a third party, you agree that in no event shall Contex Group Inc. (including, without limitation, its officers, directors, employees, agents) be liable for any loss, claims, damages or actions arising from any acts or omissions related to such conflict.
12. COUPONS AND CONTESTS
13. UPLOADED CONTENT
Grant of Rights. With respect to Content that you upload, post, transmit, distribute or otherwise disseminate or make available on or through the Site (your "Contributions"), you irrevocably grant us the world-wide, perpetual, royalty-free, non-exclusive, sublicensable and transferable right and licence (without obligation) to use, distribute, reproduce, encode, modify, adapt, edit, display, exhibit, publish, translate, publicly perform, communicate, publicly display your Contributions, and to incorporate them into other works, in any format and through any media channel, whether now known or hereafter invented, including, without limitation, by way of the Site. Subject to the rights expressly granted to us, you retain ownership of the copyright in your Contributions.
Moral Rights Waiver. You irrevocably waive your so-called moral rights with respect to your Contributions, in connection with our exploitation of the rights granted to us in this Agreement.
Prohibited Content. You will not upload, post, transmit, distribute, or otherwise disseminate or make available on or through the Site any Content that:
is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and personality/publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the Content and to grant us all of the rights granted herein;
is obscene, profane, defamatory, libelous, slanderous, threatening, pornographic, harassing, abusive, hateful, racially or ethnically offensive, encourages or assists conduct that would constitute a criminal offence, could result in civil liability, or is otherwise objectionable, offensive, inappropriate or unlawful;
implies or suggests an endorsement by us;
in the case of audio or video Content, is greater than ten (10) minutes in duration;
contains advertising, a solicitation of funds, or a solicitation for goods or services; or
which otherwise violates this Agreement or any applicable municipal, provincial, federal or international law, order or regulation.
Third Party Clearances. You represent and warrant that you own or have secured all necessary licences, rights, consents and permissions to use, and to authorize us to use, any trade-marks, copyrighted material or other intellectual property and/or proprietary material contained in your Contributions, and that you have the written consent, release and/or permission of every identifiable individual person appearing or referenced in your Contributions to use his/her name and/or likeness.
Removal of Content. Contex Group Inc. has no obligation to, and does not and cannot, monitor or review every item of Content that you and other users make available through the Site, and Contex Group Inc. is not responsible for any of this Content. However, Contex Group Inc. reserves the right to investigate, monitor, delete and/or refuse to transmit, move, remove, edit or refuse to post any material or information, in whole or in part, without notice to you, that it deems in its absolute discretion, unacceptable, undesirable or in violation of any law or this Agreement.
Responsibility for Uploaded Content. You will be solely responsible for any Content that you make available through the Site, and any liability resulting from its use as contemplated in this Agreement. You will also be liable for any costs, losses or damage resulting, directly or indirectly, from your making any Content available on or through the Site.
Postings Non-Confidential. Any communications, comments, ideas or concepts that you post to the Site will be treated as non-confidential and non-proprietary. You agree that Contex Group Inc. and its affiliates are free to use any ideas, concepts, know-how or techniques that you send us for any purpose and without paying you compensation of any kind.
To facilitate your navigation, the Site may contain hyperlinks or other links to Internet sites managed by third parties. By activating these links, you may have to leave the Site. Contex Group Inc. has no control over websites owned by third parties. These sites are managed entirely by third parties and Contex Group Inc. cannot make any representation whatsoever on the quality or overall content thereof nor regarding the quality of the products offered or the security of performing transactions on the sites in question. Contex Group Inc. displays these hyperlinks solely for commodity and the fact that third party sites are identified on the Site should not imply an endorsement by Contex Group Inc. of such third party sites or and any content therein and does not incur its liability in any way. In no event shall Contex Group Inc. be liable, directly or indirectly, for any damage or loss arising from or relating to any use on any linked third-party site. All complaints about third-party sites should be addressed directly to the administrators of those sites.
Unless otherwise approved in writing by Contex Group Inc., any reproduction of a hypertext or hyperlink from a Contex Group Inc. Site to a third party’s website shall be subject to the following criteria: (i) the look and feel, position and other visual aspects of the link shall not damage or dilute the goodwill associated with a trademark or trade name registered or not by Contex Group Inc., (ii) the link must not create a false confusion that the third party is associated with or sponsored by Contex Group Inc. (iii) the link shall open into a new browser window and shall link to the full version of an HTLM formatted page of the pertinent internet site owned by Contex Group Inc. Contex Group Inc. reserves the right to revoke, at its sole discretion and at any time, the display of the link and to remove it, without further notice.
15. MOBILE SITES AND APPLICATIONS
You acknowledge that your usage of the Site from a wireless communication or an application, and use or receipt of text messages, is subject to your carrier’s normal rates and fees and its service provider, such as text messaging fees, data fees or mobile Internet access fees and such fees may be invoiced in accordance with your terms of services.
In the event that you change or deactivate your mobile telephone number, you must update your user account within 48 hours to ensure that Contex Group Inc. does not send messages to another person who has acquired your telephone number.
16. INTELLECTUAL PROPERTY
All content published on or otherwise accessible through the SIte is protected by copyright, patent, trademark and other applicable intellectual property laws. The trademarks, registered or not, and logos used or displayed on the Websites are the proprietary property of Contex Group Inc., or third parties. Nothing on the Site may be interpreted in such a way as to allow the use of such trademarks or logos, directly or indirectly, without the prior written consent of their owner. Without limiting the generality of the foregoing, it is prohibited to reproduce the trademarks and logos displayed on the Site for commercial or advertising purposes or to increase the number of visitors to your site.
All content accessible through the Site (including, without limitation, texts, articles, photographs, images, illustrations, audio and video excerpts, software, folders, etc.) is protected by copyright and is the property of Contex Group Inc., its affiliates, business partners, or of third-party content providers. Except for certain clearly stated exceptions, no element on the Site must be interpreted as giving you any right whatsoever in and to the intellectual property of Contex Group Inc., its affiliates, subsidiaries, business partners or third-party content providers.
Except as otherwise provided for herein, you may not copy, reproduce, modify, publish, display, distribute, participate in the transfer or sale of, create derivative works from, translate, download, grant under licence, or in any other way exploit, any content displayed or available on the Site (including any software), whether in whole or in part.
18. LIMITATION OF LIABILITY
The Site, and any materials and services, are provided on an “as is” and “as available” basis, except for the terms of its return policy. Contex Group Inc., its subsidiaries, affiliated companies, business partners, licensors, employees, agents and any third-party content providers, disclaim any and all warranties or liabilities, whether express or implied, arising by operation of law or otherwise, with respect to this Internet Site, including, but not limited to, any implied warranties of property, quality, convenience, merchantability and fitness for a particular purpose, usage, availability, validity, accuracy, sufficiency, reliability, integrity, implied warranty of non-infringement or the operation of the Site in a secure way without any interruptions, errors, default, corrections, the absence of virus or any element damageable in the Site. Without limiting the foregoing, Contex Group Inc. does not warrant the completeness of the content provided on the Site or of any results from the searches executed on the Site.
Contex Group Inc. declines any liability related to any errors that may be found on the Site. Contex Group Inc. and any third party providing content on the Site, its affiliated companies, officers, employees and agents, cannot be held liable for any loss of use, loss of data, loss of income or profit, loss of revenues, or for any act, error, omission in the Site. In no event can Contex Group Inc. be held liable for any loss, damage (including, without limitation, any indirect, compensatory, incidental, direct, special, punitive, or consequential damages), arising out of the use of, access to, availability or not of the Site.
By using the Services and its content, you acknowledge and agree that the submission of any digital content to Contex Group Inc., and the upload of any Material through the Websites is done entirely at your own risk, and that you will be solely responsible for any loss or damage to your Material or any damage to your electronic system or any loss. You are solely responsible for creating back-ups of your digital content. Contex Group Inc. cannot be held liable for the suppression of any content.
Personal information collected in connection with the Websites may be stored and processed in or outside Canada and may be subject to the laws of other jurisdictions.
21. CANADIAN ANTI-SPAM LEGISLATION
All published emails have obtained express consent to receive commercial electronic messages (CEM) from those subscribing to the Canadian Institutional Investment Network. This means that recipients "opt in" to receive CEMs. You agree to notify Contex Group Inc. immediately after receiving any unsubscribe request from any individual listed in the Database requiring to be removed from the Site and the Database.
23. GOVERNING LAW AND JURISDICTION
24. TO COMMUNICATE WITH US ABOUT THIS POLICY
Group Contex Inc.
1100 René-Lévesque Blvd W.
Montreal, QC H3B 4X9