TERMS & CONDITIONS OF USE OF THE “PORTFOLIOS” SECTION OF WEBSITE WWW.LCIEDUCATION.COM
2508435 Canada Inc. (the “Corporation”, “we”, “our”) is pleased to welcome you to the “PORTFOLIOS” section of its website, accessible at www.lcieducation.com/en/portfolios (the “Website”). The Website is a value-adding environment aimed at providing visibility to students and graduates of campuses that are members of the LCI Education Network (as defined below) through the posting and display of their curriculum vitae and achievements. More specifically, the Website allows them to create an online portfolio to showcase their know-how in order to help them in their search for internships or employment positions offered exclusively on the Website by various employers. These employers may in turn use this Website portal to post employment opportunities free of charge, in order to recruit students and graduates of campuses that are members of LCI Education Network.
For the purposes hereof, “LCI Education Network” designates a network of educational institutions whose member campuses and their subsidiaries or affiliates (each a “Member Campus”) use the trademark or corporate name “LCI Education Network” in the course of their operations. The LCI Education Network is not a unique and integrated corporate entity, and each Member Campus is a separate legal entity. Thus, the expression LCI Education Network designates individually a Member Campus or collectively, the Member Campuses.
The Website is for the benefit of (i) students and graduates of Member Campuses of the LCI Education Network, (ii) companies and individuals that are employers or recruiters, and (iii) all visitors of the Website throughout the world (individually, a “User”, “you”, “your”, and collectively the “Users”).
1. ACCEPTANCE OF CONDITIONS OF USE
1.2. Information. In connection with your use of the Website or the Services, you agree to provide us with true, up-to-date, complete and non-misleading information, such as when you make requests or fill out any registration form the Website may direct you to. In order to derive the maximum benefit from the Website’s features, you must also update the information you provide in connection with your use of the Website, as soon as any aspect of that information changes.
1.3. Changes to Conditions of Use. We may elect, at our sole discretion, to add, remove, modify, suspend or otherwise alter any part of these Conditions of Use, in whole or in part, at any time. Such changes are effective once notice thereof is posted on the Website. Please check these Conditions of Use frequently to determine whether they have been updated, by referring to the date of the “Latest Update” indicated at the beginning of this document. If you do not agree with any of the changes made to the Conditions of Use, you must immediately cease using the Website and the Services.
2. EMPLOYER ACCOUNT AND STUDENT & GRADUATE ACCOUNT
For the purposes hereof, “Account” or “Accounts” means either “Employer Accounts” or “Student or Graduate Accounts”.
2.1. Employer Account. If you are an employer or an individual wishing to obtain an Employer Account for the purpose of posting offers of employment, we ask you to complete an application to open an online account on the Website. Your application may be accepted or rejected. For the opening of an Employer Account, we will only verify whether the following information is complete: the full name of the employer’s representative, the corporate name of the employer (if applicable), and the corresponding email address, mailing address and website. This verification will determine whether your Employer Account is accepted or rejected.
2.2. Student or Graduate Account. If you are a student or graduate of a Member Campus of the LCI Education Network and wish to benefit from the Services available through the Website, we ask you to complete an online application that includes your full name, date of birth, email address, year of graduation, campus, area of study and the student number given to you by a Member Campus of LCI Education Network.
2.3. Holders of an Employer Account. Companies or individuals who are employers and/or recruiters that have an Employer Account are solely responsible for the material they publish on the Website. Neither the Corporation nor LCI Education Network can in any event be characterized as an employer, a recruiter or mandatary thereof and/or be responsible for the hiring decisions of an entity posting offers of employment on the Website.
2.4. Responsibility for account. You are responsible for all aspects of the use of your Account, including the confidentiality of your user name and password. We can in no event be held liable for unauthorized use of your Account.
2.5. Notifying us of unauthorized use. You agree to immediately notify us of any unauthorized use of your Account or any other security breach. The Corporation will then take whatever measures it deems reasonable and appropriate to put an end to such use or breach, but can in no event be held liable for any act or omission in this regard.
3. USE OF THE WEBSITE AND WEBSITE CONTENT MADE AVAILABLE BY THE CORPORATION
3.1. Ownership. The Website is owned and operated by the Corporation. Except for User Content (as defined below), the content of the Website, including all data, facts, graphics, photographs, images, audio and video data, software, trademarks, logos, trade names, text and all other features and/or information provided by the Corporation and included on the Website (collectively, the “Corporate Content”) is the property of the Corporation, its related companies, the Member Campuses of LCI Education Network and/or their respective third-party licensors. The Corporate Content is protected by Canadian and international intellectual property laws.
3.2. Limited reproduction. By using this Website, you agree to abide by Canadian and international copyright laws and to prevent all unauthorized copying of the Corporate Content. Unless otherwise specified herein, the Corporation does not give you any right to use its patents, trademarks, copyrights or other intellectual property rights, or those of LCI Education Network, and you may not use, modify, copy, reproduce, publish, post, transmit, execute, create works derived from, transfer or sell the Corporate Content in whole or in part without the express written permission of the Corporation. Reproduction of Corporate Content in multiple copies, in whole or in part, for the purpose of selling or distributing same is strictly prohibited without the prior written permission of the Corporation. To request a written permission, please contact the Corporation at the following email address: firstname.lastname@example.org.
3.3. Use of the Website. So long as you comply with the Conditions of Use, you have the non-exclusive, non-transferable, and limited right to access, use, display and view the Website. You agree not to interrupt or attempt to interrupt the operation of the Website in any manner. You also agree not to contest or challenge the Corporation’s intellectual property rights or the validity of its rights in the content of the Website. You are authorized to consult, download, print and reproduce the content of the Website for your own personal and non-commercial use. This authorization is only valid provided that you (i) retain any and all copyright indicia or other indicia of intellectual property rights therein, and indicate the source as the URL (or web address) of such content, (ii) not modify the content in any way, and (iii) not reproduce the content or post, execute, distribute or use it publicly for commercial purposes. All of your rights in connection with the Website and its content shall be immediately revoked if you breach any of the terms and conditions set forth in these Conditions of Use, including the restrictions stipulated in the preceding provisions. Upon such revocation, you agree to immediately cease using the Website and its content.
4. USER CONTENT
4.1. User Content. For the purposes of these Conditions of Use, “User Content” means any material, item or information submitted or published by Users, in other words, any User contribution to the content of the Website, including without limitation texts, files, works of art, photographs, images, personal lists, messages, critiques, notes, audio or video material, and curriculum vitae.
4.2. Accessibility and sharing of User Content. Once your User Content is posted on the Website, it will be automatically accessible to the public via the Website. You hereby agree that other Users may share your User Content through various social media platforms integrated in the Website, with no prior notice to you. We do not control what use others may make of your User Content and we cannot be held liable for any damage or loss you may sustain thereby.
4.3. Links to other websites. Links on the Website can connect you to other applications or websites belonging to third parties, including social networks owned and operated by third parties (collectively, the “Third-party Applications”). If you use any Third-party Applications, you will leave the Website. Just as we do not monitor User Content posted on the Website, we do not monitor whatever use is made of User Content on Third-party Applications. We are accordingly not and cannot be held liable for any content, advertising, products, services or other material available on Third-party Applications. If you use or visit a Third-party Application, you thereby assume all responsibility therefor, and it is incumbent upon you to take all necessary precautions. Third-party Applications are governed by conditions that are different from those applicable to our Website. We therefore encourage you to consult them.
4.4. Messaging and sharing services. The Website allows you to send private emails and/or provides you with the opportunity to share your opinion on the Accounts, User Content or any other material (collectively, the “Material”) on the Website, such as through a discussion forum or blog (the “Forums”). You are solely responsible for any messages you send via the Website and for the consequences of any such messages. The information and content that you share or publish can be viewed by other Users, except for emails which are private.
4.5. Offers of employment and portfolios. You are responsible for verifying the legitimacy of each offer of employment you may wish to apply for. If an offer of employment does not comply with applicable law, we can in no way be held liable therefor. In no event does the Corporation or LCI Education Network guarantee the authenticity or validity of portfolios available on the Website.
4.6. Storage. You acknowledge that we have no obligation to store, preserve or provide you with a copy of data and content that you or others provide us with, except to the extent prescribed by law.
5. REPRESENTATIONS/WARRANTIES AND LICENCE REGARDING YOUR USER CONTENT
5.1. Representations and warranties regarding your User Content. As a condition precedent to your using and continuing to use the Website and the Services and Forums associated therewith, you agree, represent and warrant that:
5.2. Licence. You retain all your rights in User Content that you submit to or post on the Website. You represent and warrant that such User Content belongs to you or that you have obtained whatever rights are necessary for the use you make of it. In addition, you hereby grant the Corporation and LCI Education Network an irrevocable, worldwide, non-exclusive, transferable, perpetual and gratuitous licence without any copyright-related restriction, to execute, communicate, reproduce, distribute, publish, post, display, host, translate, copy, sublicense or otherwise utilize and exploit your User Content and exercise any other exclusive right associated with User Content that you provide via the Website, on any type of medium, that is currently or subsequently available thereon, without further authorization, notice and/or financial compensation to you or any third party (collectively, the “Acquired Rights”). The Acquired Rights may be exercised by the Corporation and LCI education Network and their assignees and licensees.
6. CODE OF CONDUCT
All of the obligations set forth in this section are collectively referred to herein as the “Code of Conduct”.
6.1. Compliance with applicable law. By creating an Account, you become bound to comply with all applicable laws, including without limitation those regarding intellectual property, privacy and the protection of personal information.
6.2. Identity fraud. You are not allowed to create a false identity. You must not use or attempt to use the Account of another person. You agree to use your real name and a profile photograph that is a true likeness of you. If we consider, in our sole discretion, that you have created an Account that misappropriates the identity of another person, we may deactivate your Account at any time, with or without prior notice to you.
6.3. General rules. Any activity by you on the Website must be the result of your own work and not copied from a pre-existing work. Should your User Content incorporate the work of one or more third parties, as for example in the case of a collaborative work or one resulting from teamwork, you are responsible for obtaining all necessary authorizations. In addition, all your activities on the Website and all components of your User Content must not contain any item that: (i) infringes, misappropriates or breaches a patent, copyright, trademark, trade secret, any moral rights or other intellectual property right, right to advertise or privacy right of a third party, (ii) contravenes or encourages any behaviour that would contravene any applicable statute or regulation, or entail civil or legal liability, (iii) is fraudulent, false, or misleading, (iv) is defamatory, obscene, pornographic, vulgar or offensive, (v) promotes or encourages discrimination, fanaticism, racism, hatred, harassment or violence against an individual or group (including without limitation any such behaviour based on race, sex, belief, ethnic origin, religious affiliation, family status, sexual orientation, gender identity or language), (vi) is inherently violent or threatens or promotes violence or intimidation towards any other person, (vii) encourages illegal activities or the use of illegal or harmful substances, (viii) contains information or content disclosing the name, image, resemblance, voice or any other factor identifying a third party (living or deceased), such as personal names or electronic or postal addresses, including without limitation those of celebrities or other public personalities or individuals, living or deceased, (ix) uses the marks, logos, trade names or indicators of source belonging to third parties, or (x) in the Corporation’s sole discretion, meets any of the following criteria: targets minors, promotes products or services forbidden to minors, is deemed dangerous or inappropriate, has content that is shocking, sensational or disrespectful, depicts excessive violence or is otherwise obscene, offensive or inappropriate, contains a link to or promotes another website, or otherwise makes available to the public any unsolicited or unauthorized advertising, marketing presentation, promotional material, junk mail, spam, pyramid scheme or any other type of solicitation.
6.4. In addition, all your activities on the Website and all components of your User Content must not contain anything for which you are to receive payment or other compensation from a third party in consideration of your having downloaded, posted, sent or conveyed same by email or any other means of communication available on the Website.
6.5. You must not deploy any kind of destructive software on the Website, such as a virus, computer worm, Trojan horse, time bomb, cancelbot or any other harmful file, program or code designed to interrupt, destroy or limit the functionality of software, hardware or telecommunications equipment. You also must not collect or otherwise obtain or store any information on (including information that could personally identify) other Users, including electronic addresses, without the express consent of such Users. You must not attempt to gain unauthorized access to the Website or other computer systems or networks related to the Website, by hacking passwords or other means; obstruct or disrupt networks or servers related to the Website or breach the rules, policies or procedures of such networks; or use, download or otherwise copy or provide to another person or entity the directory of Users or other information on Users, or information on the use or part of same for purposes other than those related to use of the Website.
7. COMPLAINTS REGARDING USER CONTENT
Should you wish to complain about any User Content on the Website, please send us your comments at the following address: [NOTE: To be completed]. The Corporation will take all measures it deems appropriate to deal with your complaint, but cannot be held liable for any act or failure to act in that regard.
8. RIGHT TO REMOVE USER CONTENT AND CLOSE ACCOUNT
8.1. You acknowledge that the Corporation may, but is not obliged to, review your User Content and at any time, in its sole discretion, remove all or any part of such User Content without prior notice to you. The Corporation may also close your Account if you do not comply with these Conditions of Use.
9. WEBSITE AND ACCESSIBILITY OF SERVICES
9.1. Website and Services. We may discontinue any feature of the Website or modify, suspend, or interrupt same, including (i) changing the availability of any of its characteristics, at any time, without prior notice and without incurring any liability whatsoever; (ii) limiting certain functions or Services or your access to all or part of the Website without prior notice and without incurring any liability whatsoever. We also have the right, but not the obligation, in our sole discretion, at any time and without notice, to correct any error or omission in any part of the Website.
10. DISCLAIMER AND LIMITATION OF LIABILITY & INDEMNIFICATION
10.1. Liability exclusion clause. You acknowledge that your use and reliance upon the Website is at your own risk. To the extent permitted by law, we provide no warranty of any kind whatsoever in respect of the Website, which is made available to you “AS IS”. WE EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OF ABSENCE OF COUNTERFEIT, AND OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES OTHERWISE AVAILABLE UNDER APPLICABLE LAW OR MARKET CONDITIONS OR IN THE NORMAL COURSE OF BUSINESS. WE DO NOT WARRANT THAT THE WEBSITE IS ERROR-FREE OR THAT IT WILL CONTINUE TO OPERATE OR OPERATE UNINTERRUPTEDLY. We are not bound by law to monitor User Content and we do not do so. Because we do not monitor what is published on the Website, we have no control over the quality, security or legality of the employment positions or curricula vitae posted thereon, the veracity of the information posted thereon, the legal capacity of employers to make offers of employment to Users or the legal capacity of Users to perform the duties of the employment positions offered. We cannot be held liable in the event that your curriculum vitae could not be forwarded via the service offered on our Website and/or if your curriculum vitae is not received or is received late. You must personally verify the receipt of your curriculum vitae with the holder of the Employer Account involved. We cannot be held liable, for any reason whatsoever, for employment decisions made by any entity that posts offers of employment on the Website. You assume all risks associated with interacting with other Users that you come in contact with via the Website.
10.2. Limited liability. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT THE CORPORATION AND LCI EDUCATION NETWORK SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER, INCLUDING DIRECT OR PUNITIVE DAMAGES OR ANY OTHER KIND OF DAMAGES (INCLUDING DAMAGES FOR COMMERCIAL HARM, LOST INFORMATION, PROGRAMS OR DATA, LOST PROFITS OR ECONOMIC LOSS) ENSUING FROM THE USE OF THE WEBSITE, ANY OF THE PROVIDED CONTENT, ANY THIRD-PARTY APPLICATION, OR FROM INABILITY TO USE THE WEBSITE OR ACCESS SAME, WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS, OR SUCH DAMAGE OR LOSS WAS REASONABLY FORESEEABLE. You acknowledge that in any event the total and cumulative liability of the Corporation and LCI Education Network for such damages is limited to $100 in Canadian currency.
10.3. Indemnification. You agree to indemnify and hold the Corporation and LCI Education Network harmless from and against any lawsuit instituted against them regarding the User Content that you submitted to the Website or pursuant to any breach by you of these Conditions of Use.
11.1. Termination of contract. The parties can terminate the contract between them at any time. Upon such termination, you will no longer have the right to use the Website or your Account. The following provisions shall continue to apply following termination: (i) Users and/or visitors may continue to share User Content and information you have published to the extent that same was published and shared prior to termination, and (ii) all provisions relating to intellectual property, restrictions on the use of the Content, limited guarantees, limited liability, indemnification as well as interpretative provisions contained herein.
12. APPLICABLE LAW
12.1. Interpretation. In the event that one or more of the provisions hereof is declared unenforceable by a court of competent jurisdiction, you and we agree that any such unenforceable provision shall be severed herefrom without affecting the enforceability of the remaining provisions. Any failure on our part to take action following a breach hereof does not constitute a waiver of any of our rights hereunder.
12.2. Governing law. This contract is governed by the laws applicable in the Province of Québec, Canada. You hereby acknowledge that any litigation ensuing from or related to your use of the Website shall be subject to the exclusive jurisdiction of the courts of the judicial district of Montreal, Québec.
13.1. Assignment. The Corporation and LCI Education Network may assign their rights and obligations hereunder without the consent of Users (i) to a related company, or (ii) in connection with a merger or with the sale of all or a substantial part of its/their business or assets, provided that (i) in the case of assignment to a related company, the latter assumes all of the Corporation’s obligations hereunder, and (ii) the assignor is relieved of its obligations hereunder on a prospective basis, such assignment resulting in novation.
14. ENTIRE AGREEMENT
14.1. Entire agreement. This contract constitutes the entire agreement between the parties with respect to its purpose and supersedes any previous agreement, representation, warranty or understanding, oral or written, express or implied, in that respect.
15. FORCE MAJEURE
15.1. Force majeure. The Corporation and LCI Education Network cannot be held liable for any damage or loss in the event that they are prevented from performing any of their obligations hereunder by an event of force majeure.
16.1. Language. It is the express wish of the parties that this agreement and all related documents be drawn up in English. / C’est la volonté expresse des parties que le présent contrat ainsi que les documents qui s’y rattachent soient rédigés en anglais.