Terms of Use

The following terms and conditions govern and apply to your use of the Web Application maintained by API-Enfance (a non-profit organization) including our website: https://api-enfance.ca/en/.

By accessing or navigating the Web Application, you declare that you have read and understood these Terms of Use and that you are bound by them. Please take note that we may change these Terms of Use at any time without prior notice. By continuing to use the Web Application, you will be deemed to have accepted the revised terms and conditions.

Intellectual Property

All intellectual property on the Web Application (including, without limitation, text, graphics, icons, images, videos, and software) (the “Intellectual Property”) areowned by API-Enfance or our licensors and includes anything protected by copyright, trademark, or patent. All trademarks are owned, registered and/or licensed by API-Enfance. All Intellectual Property, including but not limited to, text, code, design, graphics, photos, sounds, music, videos, applications, interactive features, and other content, is a collective work under Canadian or other copyright law and is the property of API-Enfance. The Intellectual Property is intended solely for personal, non-commercial use by users of the Web Application. Elements appearing on this Web Application may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part, whether in text, graphic, audio, video or executable form, without our written permission. No right, title or interest in any downloaded material or software is transferred to you as a result of any use. We reserve all rights to the site, its content, services, and products.

We reserve the right to use in any way whatsoever any comment or suggestion sent or shared by users. You grant us an unlimited, worldwide, irrevocable, perpetual, sublicensable, transferable, fully paid-up, royalty-free right to use these comments or suggestions in any way whatsoever without any obligation or compensation to you or any third party. We are free to re-use all general knowledge, experience, know-how, works and technologies, including ideas, concepts, processes, and techniques, related to or acquired during your use of the Web Application.

Use of Web Application Content

We may provide you with certain information as a result of your use of the Web Application, including, but not limited to, documents, data or information developed by API-Enfance, or any other item that may assist you in using the Web Application or services. These documents, data or information developed by API-Enfance cannot be used for any other purpose than the use of the Web Application and the services offered on the Web Application.

User Account and Use of the Account

Use of the Web Application requires an account identifying you as a User (“User Account”):

a) you are solely responsible for your User Account, for maintaining the confidentiality and security of your User Account and any passwords linked to your User Account, and for the activity of any person who has access to your User Account with or without your permission;

b) you agree to notify us immediately of any unauthorized use of your User Account, services provided through your User Account, any password related to your User Account or any other breach of security of your User Account or services provided through your User Account, and you agree to assist us, as we may request, to stop or remedy any breach of security related to your Account; and

c) you agree to provide true, accurate and current User Information as we may request from time to time, and you agree to notify us of any changes to your User Information as required so that the information we hold is true, accurate and current.

We may, at our discretion, request any security measure in order to verify your identity and that of a User, including, but not limited to, two-factor authentication.

Prohibited Use

It is forbidden to use the Web Application for any unauthorized use or for illegal or illicit purposes. Any unauthorized use or breach of these Terms of Use may immediately and automatically terminate the Users’ rights to use and access the Web Application and may expose Users to liability. Any illegal or unauthorized use of the Web Application may result in appropriate legal action. We may remove any unauthorized content, links, etc. without notice. Examples of unauthorized, illegal, or unlawful use of the Web Application include, but are not limited to:

  • Copying, modifying, displaying, performing, distributing, republishing or retransmitting any content or material (including, by way of example, images and text), in whole or in part, on the Web Application without our express written permission;
  • Reproducing, duplicating, copying, selling, decrypting, altering, modifying, adapting, reselling, creating derivative works or exploiting any part of the Web Application, including services or products, without our express written permission, it being understood that users may not at any time access the Web Application for the purpose of creating a platform and/or a website (i) competing with our activities and (ii) reproducing the features, functions, visuals and ideas of the Web Application;
  • Submitting false or misleading information;
  • Collecting usernames and/or user email addresses for the purpose of sending unsolicited email;
  • Using framing or similar techniques without our express written permission;
  • Creating or maintaining a link between another website and a page on the Website without our prior written authorization;
  • Using the Web Application for obscene or immoral purposes;
  • Crimes or torts, including fraud, spamming, sending viruses, bugs, malware or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  • Any automated use of any system, such as the use of scripts to modify the content;
  • Interfering with, disrupting, or overloading the Web Application or the networks, systems or services connected to the Web Application;
  • Attempting to gain unauthorized access to, or compromising the integrity or performance of the Web Application;
  • Using an automated system or software to extract data from the Web Application for commercial purposes (including screen scraping);
  • Using the account, username, or password of another user or disclosing your password, if any, to a third party or allowing a third party to access your account;
  • Impersonating a user;
  • Attempting to reveal a user’s identity;
  • Using the Web Application for the purposes of harassment, threat, defamation, abuse, obscenity, or invasion of privacy; or
  • Using the Web Application in a manner inconsistent with any applicable law, rule, or regulation.

You are solely responsible for your activities, and we are under no obligation to monitor users’ access and activities on the Web Application. We accept no responsibility for any unacceptable conduct by users.

User Fees and Billing

Fees for use of the Web Application will be charged in accordance with any agreement applicable to the organization that provided you with access prior to your use of the Web Application (the “Organization”).

Protection of Privacy

When using our Web Application, you may provide us with certain personal information. We will collect, store and process personal information provided in accordance with our Privacy Policy, and you assume all risks of unauthorized disclosure, loss, or use of your information, except in the case of gross negligence on our part. Our Privacy Policy is available: https://api-enfance.ca/en/privacy-policy/

Disclaimer of Liability

Our Web Application exists for communication and training purposes. You acknowledge and agree that any information published on our Web Application is not intended to be legal, medical, or financial advice and no fiduciary relationship has been created between you and API-Enfance.

Reverse Engineering and Security

You cannot take any of the following actions:

a) use reverse engineering or disassemble any code or software on or from this Web Application;

b) violate or attempt to violate the security of the Web Application by unauthorized access, circumvention of encryption or any other security tool, data mining or interference with any host, user, or network.

Data Loss

We are not responsible for the security of your User Account or the content of your Account. Use of the Web Application is at your own risk. However, we undertake to notify

you promptly if we become aware there is a worm or computer virus that could lead to a security breach of your User Account.

Indemnification

You agree to defend, indemnify, and hold API-Enfance and its affiliates harmless from and against any claim, suit or demand, including attorneys’ fees, resulting from or relating to your use or misuse of the Web Application, your breach of these Terms of Use, or your conduct and actions. If we decide to be indemnified, we will choose our own lawyer and take part in our own defence.

Limitation of Liability

Subject to any applicable law, we will not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages that may be caused to you as a result of your use of the Web Application.

Service Interruptions

We may have to interrupt your access to the Web Applicationto perform maintenance work or unplanned emergency work. You agree that your access to the Web Application may be affected by unplanned or unanticipated downtime for any reason and that we will not be liable for any damages or losses arising from such downtime.

Cancellation of  User Account

We may suspend, limit or terminate your User Account and your use of the Web Application in accordance with any agreement with your Organization or at our sole discretion, at any time, including if the operation or efficiency of the Web Application or equipment or network owned by us or a third party is impaired by your use or misuse of the Web Application or if you have been or are currently in breach of the terms hereof. We shall have no liability to any third party, including any third-party supplier, for any suspension, limitation, or termination of your access to the Web Application.

Tokens

Tokens are valid for a maximum period of TWELVE (12) months. Notwithstanding the foregoing, we reserve the right to cancel any token in accordance with any agreement signed by your Organization. Access to your User Account may be withdrawn at any time, even if one or more tokens are in use. Your Organization may withdraw all access to your User Account at any time and at its sole discretion.

No Guarantee

While we have made reasonable efforts to ensure that the content of this Web Application is accurate, we cannot guarantee that such content is error-free, up to date, or complete. Under no circumstances may we be held liable for any damage resulting from an error on

the Web Application. Nevertheless, if you notify us of an error in the content, we undertake to rectify it promptly as far as possible.

We accept no responsibility for any damage arising from misuse of the content of the Web Application. Also, we cannot guarantee that the Web Application will be available without interruption, errors, or omissions, or that defects will be corrected. The Web Application and its content are provided “as is” and “as available” without representation, warranty or condition of any kind, either express or implied.

You agree to maintain the confidentiality of any passwords you choose and to accept responsibility for all activities that occur under such passwords or accounts. In addition, you agree to notify us of any unauthorized use of your password or User Account. We shall not directly or indirectly, be liable for any loss or damage of any kind whatsoever arising out of or in connection with your failure to comply with this provision.

You agree that we may, in our sole and absolute discretion, suspend, cancel or terminate your account, use or access to the Web Application or any of its services, and remove and delete any information or content relating to the Web Application (and terminate your use of those), for any reason, including if we believe that you have violated these Terms of Use. You further agree that we shall not be liable to you or to any other person as a result of any such suspension, cancellation or termination. If you are dissatisfied with API-Enfance or any of its services, or with any of these terms and conditions, rules, policies, guidelines, or our practices relating to the operation of API-Enfance or any of its services, your sole and exclusive remedy is to discontinue your use of the Web Application.

IT Equipment

Users undertake to use their own IT equipment to access the Web Application.

The Web Application is supported by the most common web browsers which are updated by their creators, for example: Microsoft Edge, Google Chrome, Apple Safari, Mozilla Firefox. However, the Web Application is not supported by Internet Explorer.

Users must also use recent versions of one of the following operating systems: Windows (version 8.1 and above), Mac OS (version 10.2.4 and above), iOS (version 11 and above).

Electing a Domiciled Address

These Terms of Use shall be governed by the laws, regulations, and statutes in force in the Province of Quebec and, in the event of any dispute, the courts of Quebec shall have exclusive jurisdiction.

For any claim or legal proceeding, on any grounds whatsoever, relating to these Terms of Use, the judicial district of Quebec, province of Quebec, Canada, is the appropriate place for the hearing of such claims or legal proceedings to the exclusion of any other judicial district which may have jurisdiction over such a dispute as prescribed by law.

Translation Language

The preferred version of these Terms of Use is the one written in French and prevails over any other translation of these Terms of Use in order to avoid any diverging interpretations between different versions of these Terms of Use.

General Provisions

a) The included section, paragraph and clause titles are for the exclusive purpose of simplifying use and should not be referred to in interpreting these Terms of Use;

b) The provisions of these Terms Use forms a whole document and any decision by any court that any provision of these Terms of Use is invalid or unenforceable shall not affect the validity or enforceability of the remaining provisions to the extent of their compliance;

c) Whenever the context so requires, any word written in the singular shall also include the plural and any word written in the masculine shall also include the feminine;

d) Your rights or obligations under these Terms of Use may not be transferred without the written consent of API-Enfance;

e) API-Enfance reserves all rights not expressly granted to you.

Further Questions And Information

If you have any questions or for further information, please contact us at: support@api-enfance.ca.