1. USE OF THIS WEBSITE
This website is owned and operated by Évaluation Personnel Sélection International Inc. (the “Site Owner”). Your use of this website is subject to the following Terms and Conditions (the “Terms”) and all applicable laws. By accessing and browsing this website, you accept these Terms without limitation or qualification. By accessing a section of this website that requires the use of a password or access code, you represent and warrant that you have legitimately obtained the password or access code from the Site Owner. If you do not agree with these Terms, whether in whole or in part, do not use this website. You are responsible for ensuring that your access to this website and the material available on or through it are legal in each jurisdiction in or through which you access or view the site or such material.
2. EXCLUSION OF WARRANTIES
The Site Owner makes no representation or warranty regarding the functionality, good working order or condition of this website, the information, applications, products, and services contained on this website, its suitability for use, its use in an uninterrupted or error-free manner or the security of any data communicated via this website.ALL MATERIAL, APPLICATIONS, PRODUCTS, TESTS, SERVICES, AND INFORMATION ON THIS WEBSITE ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OF ANY KIND. THE SITE OWNER AND ITS AFFILIATES DISCLAIM ALL WARRANTIES AND CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. These exclusions are in addition to any specific exclusions otherwise provided in these Terms. To the extent that the jurisdiction to which you are subject does not allow exclusion of certain warranties, such non permitted exclusions may not apply to you.
3. LIMITATION OF LIABILITY
The Site Owner and its affiliates, as well as their respective shareholders, directors, officers, and employees, will not be liable, whether towards you or a third party, for claims, losses, costs, expenses or damages of any kind, be they direct, indirect, incidental, special, consequential, exemplary or punitive, arising out of or in connection with this website, its content, or the use thereof or access thereto. For greater certainty, but without limitation whatsoever and notwithstanding anything to the contrary, the Site Owner and its affiliates, as well as their respective shareholders, directors, officers, and employees, will not be liable, whether towards you or a third party, for claims, losses, costs, expenses or damages of any kind, be they direct, indirect, incidental, special, consequential, exemplary or punitive, arising out of or in connection with the following:
- Telecommunications systems breakdowns, under performance, delays, interruptions in service, electrical failures, including such failures and problems affecting the communication, transmission, accuracy or prompt reception of information, material, messages or instructions between you and the Site Owner or preventing, in whole or in part, the transmission of such information, material, messages or instructions;
- your inability, at any time, to access any part of the website or its content, or the products and services offered on this website;
- the interception, loss or disclosure of confidential or sensitive information communicated via the Internet, including personal information;
- the lack of reliability, prompt access or availability of this website or any part of its content and the products and services offered on this website; and
- the failure of the Site Owner to take corrective measures.
Your sole and exclusive remedy is to discontinue accessing and using this website. To the extent that the jurisdiction to which you are subject does not allow any part of such limitation, such part does not apply.
The exclusions and limitations mentioned above shall apply regardless of whether the claims, losses, costs, or damages are founded on a contractual or extra-contractual basis or on any other theory of liability, and these exclusions and limitations shall apply even if the Site Owner is advised of the possibility of such claims, losses, costs or damages.
Given that certain jurisdictions prohibit the exclusion or limitation of moral, bodily, incidental or consequential damages, the liability of the Site Owner in those jurisdictions is limited to the extent allowed by law.
You agree and undertake to take up the interest, indemnify and hold harmless the Site Owner and its affiliates, including their respective shareholders, directors, officers and employees, from all liability, claims, suits originating from a third party, and damages (including reasonable fees owed to lawyers and experts) arising out of or in connection with your failure to respect the present Terms or from any other act or omission on your part through your use of this website, your access to this website or its access by anyone using your computer system with your permission and on your behalf.
5. PASSWORD OR PERSONAL ACCESS CODE
Access to some sections of this website, including the “on-line test” and “on-line test management” sections, requires a password or personal access code. By accessing these sections you represent and warrant that you have legitimately obtained the password or personal access code from the Site Owner. If you have been given a password or personal access code, you agree to: (a) keep it confidential, (b) not to disclose it to anyone, (c) not to allow third parties to use it, (d) inform the Site Owner of the lost or non authorized use of such password or personal access code and (e) be solely responsible for all activities that occur under the use of such password or personal access code.
6. COPYRIGHTS AND TRADE-MARKS
Material on this website, including but not limited to texts (including the tests, test reports, test correction forms, test answer sheets), images, illustrations, graphics, software, HTML code, audio clips, and video clips, is owned by the Site Owner or otherwise provided thereby under license, and the Site Owner does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on this website is protected in Canada and in other jurisdictions by the Copyright Act and by all applicable international treaties. Consequently, the material on this website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio, video or executable files, without the prior written consent of the Site Owner, except if these actions are a technological consequence of browsing this website. Trade-marks displayed on this website (“Marks”), are registered or unregistered Marks of the Site Owner or others and are the property of their respective owners. The Marks may not be used without written permission from the owners of such Marks. Nothing in this website is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act.
7. INFORMATION TRANSMITTED
8. PROHIBITED CONDUCT
Users of this website agree not to:
- restrict or inhibit any other user from using this website;
- post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, or any blatant expression of bigotry, racism, hatred or harassment, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, provincial, federal or foreign law;
- knowingly or otherwise, introduce into or through this website any errors, defects, viruses or other harmful components, which may be harmful to the Site Owner or website users;
- exploit in any way any website information, software or material, for commercial purposes;
- post on or transmit through the website material constituting solicitations for sales or purchases, advertising, promotional or marketing material.
By completing a test or transmitting information to the Site Owner, you automatically grant (or warrant that the owner of such material expressly grants) to the Site Owner a world-wide, perpetual, royalty-free, irrevocable and non-exclusive right and license to use, copy, adapt, exploit, broadcast, transmit, communicate, create compilations and derivative works from such submitted materials for the purposes of its commercial activities. In addition, you warrant that all “moral rights” in such materials have been waived.
The Site Owner may monitor the access to this website and other activities in relation thereto. The Site Owner may intervene to ensure the respect of these Terms, but makes no representation and gives no warranty as to said monitoring. By using and accessing this website, you consent to said monitoring should the Site Owner proceed therewith and to any eventual intervention.
Links and references to other websites are provided to you as a convenience only. The Site Owner has not reviewed and does not expressly or implicitly endorse other websites or their content, or the accessibility thereof via such links, and does not assume any responsibility for any such other websites, information or material, products or services posted or offered thereon. You may not create links from other websites to pages of this website other than to the main page, except if expressly permitted to do so by the Site Owner. (To obtain permission, contact ourWebsite Administrator).
11. ACCURACY OF INFORMATION
While the Site Owner may update the information or material on this website from time to time, the Site Owner does not represent or warrant that information or material on this website is up-to-date, accurate, error-free or complete.
12. RESPONSIBILITY FOR YOUR COMPUTER SYSTEM
You remain entirely responsible for all damage caused to your computer system by (i) the connection, configuration and compatibility of the different components of your computer system, (ii) the use of all material originating from any website whatsoever, (iii) access to any website (iv) the download of any data, software or viruses.
The Site Owner and its affiliates, as well as their respective shareholders, directors, officers, and employees, assume no liability whatsoever for the illegal access to your computer system by hackers nor for the quality, reliability, compatibility or speed of services provided by any Internet service provider.
13. RISKS RELATED TO THE INTERNET
Communications via the internet may be intercepted, lost or modified. Thus, no personal information should be transmitted by you to the Site Owner by way of email, unless measures have been taken to ensure the security of the communication. You agree that the Site Owner and its affiliates, as well as their respective shareholders, directors, officers, and employees, assume no liability whatsoever towards you or a third party for any injury or damages suffered in relation to an email sent to the Site Owner or by the Site Owner on your request. You fully assume the risks associated with such a communication.
14. VIRUSES, ETC.
The Site Owner does not represent or warrant that the information or material, including any downloadable software, accessed from or through this website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems that are discovered will be corrected.
15. RESERVE OF RIGHTS
All rights not expressly granted in these Terms are reserved to the Site Owner or its licensors. Nothing contained in these Terms shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any copyright, patent, trade-mark or other intellectual right of the Site Owner or of any other person or entity.
16. GOVERNING LAW
This website is controlled and operated by the Site Owner from Gatineau, Quebec, Canada and these Terms shall be governed by the laws of the province of Quebec and applicable federal laws, without reference to principles of conflict of laws. You agree to be bound by such laws and to submit to the exclusive jurisdictions of the courts of the judicial district of Montreal in connection with the interpretation or application of these Terms.
If any provision of these Terms should be declared illegal, invalid or unenforceable by any court of competent jurisdiction, such illegality, invalidity or unenforceability shall not affect or render illegal, invalid or unenforceable such provision in any other jurisdiction nor shall it affect the legality, validity or enforceability of any other provision of these Terms and conditions in any jurisdiction.
18. CHANGES TO TERMS
The Site Owner may modify, alter or otherwise update the terms applicable to this website from time to time without notice and you agree to be bound by such terms as are in effect at the time you access this website.
You consent to the use of “cookies” (small text files transferred to your browser by a website) by the Site Owner. These cookies keep a record of your preferences, making your subsequent visits to this website more efficient and allowing the Site Owner to provide improved service by personalizing website content that you and other users will have access to. Most browsers are designed to accept cookies, but their settings can be easily modified so that cookies are refused (see your browser’s help files for details).
20. NO WAIVER
The Site Owner’s failure to insist upon or enforce strict performance of any right or provision of these Terms shall not constitute or be construed as a waiver of any right or provision.
You acknowledge and agree that the Site Owner, in its sole and absolute discretion, may, without notice to you, suspend, cancel or terminate your use of, or access to, this website or any of its services, and remove and discard any information or content related to this website or any of its services(and your use thereof), for any reason, including where the Site Owner believes that you have violated any of these Terms. You further agree that the Site Owner shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with this website or any of its services or with any of these Terms, or with any conditions, rules, policies, guidelines, or practices of the Site Owner or any of the services available on this website, your sole and exclusive remedy is to discontinue using this website or its services.
This agreement is personal to you, and you may not assign your rights or obligations to anyone.