{"id":23705,"date":"2022-01-05T14:15:03","date_gmt":"2022-01-05T19:15:56","guid":{"rendered":"https:\/\/harnoisenergies.com\/termes-et-conditions\/"},"modified":"2022-02-15T07:50:26","modified_gmt":"2022-02-15T12:50:26","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/harnoisenergies.com\/en\/terms-and-conditions\/","title":{"rendered":"Terms and conditions (portal)"},"content":{"rendered":"\n<p class=\"wp-block-paragraph\"><strong>HARNOIS \u00c9NERGIES \u2013 TERMS OF SERVICE (CUSTOMER PORTAL)<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Last update: February 4, 2022<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">These Terms of Service constitute a legal agreement between the individual (individual customer) or entity (business customer), through its representative, who accepts them (the \u201c<strong>Customer<\/strong>\u201d; \u201c<strong>you<\/strong>\u201d) and Harnois \u00c9nergies Inc. (\u201c<strong>Harnois<\/strong>\u201d, \u201c<strong>we<\/strong>\u201d, \u201c<strong>us<\/strong>\u201d, \u201c<strong>our<\/strong>\u201d and, collectively with the Customer, the \u201c<strong>parties<\/strong>\u201d and each, a \u201c<strong>party<\/strong>\u201d).<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">These Terms of Service (also referred to as the \u201c<strong>Agreement<\/strong>\u201d) define the legal relationship between you and us with respect to the Portal and other related Services. Please read the Agreement carefully before accessing the Portal, as it contains important information about your obligations when using the Portal. It also contains information about our liability to you and any warranties or disclaimers that apply to the Portal and related Services.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>If you wish to use our Services, you must accept and agree to be bound by and comply with this Agreement. Your continued use of the Portal indicates your continued acceptance of the Agreement.<\/strong>&nbsp;If you do not accept this Agreement, you must not use the Portal and must close your Account.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">If you have any questions in this regard, you may write to us at&nbsp;<a href=\"info@harnoisenergies.com\" target=\"_blank\" rel=\"noreferrer noopener\">info@harnoisenergies.com<\/a>.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Definitions<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In these Terms, words and phrases that begin with a capital letter, but are not defined elsewhere, have the meanings set forth below:<\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>\u201c<strong>Notification Email Address<\/strong>\u201d means the email address you provided when registering for the Portal and is designated by you to receive notices and other communications from us in connection with the Services.<\/li><li>\u201c<strong>Account<\/strong>\u201d means the account you create as part of your registration for the Services, which allows you and your End Users to access and use the Portal.<\/li><li>\u201c<strong>Documents<\/strong>\u201d means the documents and other materials made available to the Customer (and End Users) in connection with our provision of the Services, including specifications and descriptions of the Services that are posted on our website.<\/li><li>\u201c<strong>De-identified Data<\/strong>\u201d means Usage Data, Customer Data, and other data generated by the Services that has been processed using an industry-standard de-identification technology or method and therefore no longer identifies an individual, organization, or legal entity. For greater certainty, De-identified Data does not include Personal Information.<\/li><li>\u201c<strong>Usage Data<\/strong>\u201d means data captured and\/or generated by the Services relating to statistics, trends, performance and analytics, such as page views, performance statistics, error frequency, and electronic device attributes, such as browser name and version, operating system and country. Usage Data is generally used to improve our Services, monitor performance, and understand popular features.<\/li><li>\u201c<strong>Customer Data<\/strong>\u201d means (i) Personal Information; (ii) Confidential Information; and (iii) other data generated by or submitted through the Services by the Customer (including End Users). Notwithstanding anything to the contrary in this Agreement, De-identified Data and Usage Data shall not be considered Customer Data.<\/li><li>\u201c<strong>Law<\/strong>\u201d means any statute, ordinance, regulation, rule, code, constitution, treaty, common law principle, judgment, decree or other requirement of any federal, provincial, territorial, municipal or foreign government or political subdivision thereof, or of any arbitrator or court of competent jurisdiction.<\/li><li>\u201c<strong>Affiliate<\/strong>\u201d means any entity that directly or indirectly controls, is controlled by, or is jointly controlled with, a Party. For purposes of this definition, \u201ccontrol\u201d means the direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.<\/li><li>\u201c<strong>Portal<\/strong>\u201d means our online platform, accessible at , which allows you to, among other things, obtain, in connection with the core services provided to you by Harnois, a summary of your accounts, manage your communications, view transaction history, bills and documents, and a summary of your usage, as more fully described in the Documents.<\/li><li>\u201c<strong>Urgent Security Issue<\/strong>\u201d means (i) any use of the Services in violation of this Agreement by an End User; (ii) any Security Breach; or (iii) any situation reasonably requiring Harnois to take immediate action to prevent or mitigate security risks, including the installation of significant security patches.<\/li><li>\u201c<strong>Intellectual Property<\/strong>\u201d means all intellectual property, including, but not limited to, works, inventions (whether or not patentable), discoveries, improvements, trade secrets, know-how, scientific formulas, data, information, images, reports, questionnaires, results, analyses, software, models, research and development information, technical information, prototypes, specifications, patterns, drawings, algorithms, products, compositions, processes and protocols, methods, tests, apparatus, computer programs, trademarks, and all exclusive rights under patent laws, copyright laws, trademark laws, design patent laws, semiconductor chip laws or masking media laws or any other statutory provision or principle of civil or common law applicable to the protection of information or intangible proprietary rights, including trade secret laws, which may provide a right in any of the foregoing and all applications and registrations or other evidence of a right in any of the foregoing.<\/li><li>\u201c<strong>Confidential Information<\/strong>\u201d means all information of a party (the \u201c<strong>Disclosing Party<\/strong>\u201d) that is or will be in the possession of the other party (the \u201c<strong>Receiving Party<\/strong>\u201d) concerning the business, property, affairs or finances of the Disclosing Party, or any person, firm, corporation or other entity and which the Disclosing Party is obligated to keep confidential, including, but not limited to, trade secrets, source codes, customer lists, business studies, and the terms of this Agreement. Confidential Information may be in written, printed, digital or oral form, and includes all other types of information that is designated, either orally or in writing, as confidential by the Disclosing Party at the time of disclosure to the Receiving Party, or that the Receiving Party would be expected to know would constitute Confidential Information in light of the circumstances under which it became aware of the information.<\/li><li>\u201c<strong>Personal Information<\/strong>\u201d means information that would meet the definition of \u201cpersonal information\u201d or \u201cpersonal data\u201d (or similar nomenclature) under applicable Law and (i) is submitted through the Services by you or your End Users; or (ii) is collected or generated by the Services about End Users.<\/li><li>\u201c<strong>Representatives<\/strong>\u201d means a party\u2019s Affiliates, subsidiaries, resellers, agents and subcontractors, and the respective employees, directors, officers and developers of each such third party, and those of the applicable party, as applicable.<\/li><li>\u201c<strong>Services<\/strong>\u201d means:<ul><li>the Portal;<\/li><li>all technology developed by us (software, hardware, algorithms, code, processes, user interfaces, know-how, techniques, models, designs and other technical or informational material, whether tangible or intangible) that is related to the Portal;<\/li><li>systems administration, hosting, systems management and systems monitoring activities performed by us in connection with the Portal;<\/li><li>technical support and maintenance, substantially as described in Section 5 hereof.<\/li><\/ul><\/li><li>\u201c<strong>End Users<\/strong>\u201d means each user who is authorized by you to use and access the Services through your Account.<\/li><\/ul>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Our services<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>Eligibility for Services<\/li><\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">Only individuals and organizations (including their End Users) who are active customers with respect to Harnois\u2019 core services are eligible to use the Services. Our Services may not be used by anyone under the age of 16.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Subject to your compliance with this Agreement, and conditional upon the foregoing, we will provide the Services and make them available to you during the Term, all in accordance with this Agreement.<\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>Changes to the Services<\/li><\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">We reserve the right to make changes to the Services. We may need to modify this Agreement to accommodate, among other things, new technologies, features or regulatory requirements, based on our legitimate business needs. If we need to change the Agreement, we will notify you using the Notification Email Address. If you continue to use the Services after such notice, we will consider that you have accepted the changes to the Agreement. You may object to such changes to the Agreement by writing to us at&nbsp;<a href=\"info@harnoisenergies.com\">info@harnoisenergies.com<\/a>&nbsp;and, if you are unable to agree to a mutually acceptable change, you may terminate the Agreement in accordance with Section 17.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Your obligations and responsibilities<\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>Acceptable use<\/li><\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">You declare and warrant that you will use the Services only for lawful purposes and in accordance with the rules set forth in this Agreement. You agree that you will use commercially reasonable efforts to ensure that your End Users use the Services in accordance with these rules. You remain fully responsible for all acts and omissions of your End Users, and any act or omission of an End User that would constitute a breach of the Agreement if it were an act by you or an omission by you will be deemed a breach of the Agreement by you.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">You hereby declare and warrant that, unless expressly authorized by us in writing, you and your End Users will not use the Services in any manner:<\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>that is prohibited by Law or regulation or by our policies made available to you by us, including this Agreement;<\/li><li>that will interfere with any third party\u2019s use or enjoyment of the Services, including if such use results in automated, persistent and repeated requests for data other than as permitted under this Agreement and adversely affects our systems or network, including abnormal use that overloads servers or causes parts of our network to become blocked (e.g., denial-of-service or distributed denial-of-service attacks);<\/li><li>that uses the Services to create, transmit, distribute or store material that infringes the Intellectual Property, privacy or publicity or other personal rights of individuals, export control, or that may otherwise be threatening, abusive, hateful or constitute or encourage conduct that would be considered fraud, a criminal offence or give rise to civil liability;<\/li><li>that involves (A) the sharing of authenticators, identifiers and passwords between End Users or between End Users and third parties; and (B) the distribution, disclosure or use of any of the Services in any format to or by unauthorized third parties (i.e., other than End Users), including by means of any timesharing service, computer service company, network or by any other means;<\/li><li>which includes the use of any robot, spider, scraper, deep-link or other similar automated data gathering or extraction tool, program, algorithm or other method to access, acquire, reproduce or monitor the Services or any portion thereof;<\/li><li>that involves decompiling, disassembling, or otherwise reverse engineering or attempting to reconstruct or discover any source code, ideas or algorithms relating to any underlying technology of the Services by any means;<\/li><li>that involves a breach of our security, including, but not limited to:<ul><li>disseminating or transmitting any file that contains viruses, computer worms, Trojan horses, other malicious programs, or anything else that is contaminating or destructive in nature;<\/li><li>disrupting the proper functioning of the Services;<\/li><li>attempting to commit any act of hacking against any security requirements or processes in the use of the Services;<\/li><li>attempting to access any part of the Services (or any of their systems, networks, servers or other related equipment) that you are not authorized to access;<\/li><li>attempting to interfere in any way with the operation of the Services, their servers or networks;<\/li><li>violating any requirements, procedures, policies or regulations of your network that is connected to the Services;<\/li><li>manipulating identifiers in order to disguise the origin of any content transmitted or uploaded to the Services, or the source of any content;<\/li><li>modifying the Services in any unauthorized manner; (collectively, \u201c<strong>Abuse<\/strong>\u201d).<\/li><\/ul><\/li><\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">You hereby agree and acknowledge that an indirect violation or attempted violation of this Section 3(a) shall be considered an Abuse. If we discover that you (or your End Users) are about to commit Abuse (including facilitating Abuse), we may preemptively suspend some or all of the Services with or without notice. If no notice has been given, we will send you written notice as soon as possible and conduct an investigation to reasonably determine whether the suspension of the Services should continue.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Account<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">End Users are responsible for maintaining the confidentiality of their credentials, and Harnois will not be liable in the event that an Account is compromised. If credentials have been compromised, you must immediately contact us to notify us of the situation so that we can conduct reasonable investigations. You agree to cooperate with us in any such investigation.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Administration of the Services<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">You are responsible for understanding the settings, privileges and controls of the Services and for deciding who you allow to become an End User and for choosing the settings and privileges for any End User. Harnois is not responsible for managing End Users and the permissions, settings and controls available to them in connection with the Services.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">You agree to notify us without undue delay if your Notification Email Address changes. If you fail to do so, we will have no liability for any notices or communications that you do not receive.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Third party services<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">You hereby agree to abide by the terms and conditions of third parties when using the Services, including those that apply to third party websites, sites and applications that are made available to you as part of our Services, including integration partners that may be available through application programming interfaces (\u201c<strong>Third Party APIs<\/strong>\u201d) developed by and owned by third parties. You agree and understand that we are not responsible for such third parties, and that you rely on such third parties at your own risk.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Interruption and suspension of services<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Notwithstanding anything to the contrary, we reserve the right to suspend, with or without notice, some or all of the Services in the event of Urgent Security Issues, including any Account affected by an Urgent Security Issue, if any.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">We may, in our sole discretion and at any time, suspend the provision of the Services as necessary to comply with any applicable Law.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Support<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">We provide technical support for your use of the Portal, by message through our website or by telephone at the numbers posted on the Portal interface. Some requests, such as those regarding minor bugs and technical problems, may be resolved in subsequent versions of our Portal using reasonable workarounds. We will respond to support requests to the best of our ability, during business hours, excluding statutory holidays in Quebec, Canada. Our offer of technical support does not cover problems arising from your computer hardware or any other technological component beyond our control.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Term<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">These Terms of Service are effective upon your registration with the Portal and continue for as long as you use and access the Platform, directly or indirectly through your End Users, unless terminated in accordance with Section 17 (the \u201c<strong>Term<\/strong>\u201d).<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Intellectual property<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Except as expressly provided in this Agreement, we shall remain the sole and exclusive owner of all right, title and interest, including all Intellectual Property, in and to the Services, the Documents and our Confidential Information. Notwithstanding anything to the contrary, Harnois shall also be the sole owner of any suggestions, enhancement requests, recommendations or other comments sent to Harnois by the Customer (or its End Users), so long as they relate to the Services (\u201c<strong>Comments<\/strong>\u201d), and the Customer hereby assigns to Harnois, without limitation of any kind, all of its right, title and interest therein, and Harnois consents to any such assignment. At our reasonable request, and at our expense, you will complete and execute all necessary documents and take all other actions that we may reasonably require to assist us in acquiring, developing and maintaining our Intellectual Property with respect to the Comments.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The Customer shall remain the sole and exclusive owner of all right, title and interest in and to its Intellectual Property.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Licence<\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>Licences related to Customer Data<\/li><\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">You own all right, title and interest in and to all Customer Data, provided that you hereby grant us a revocable (but only pursuant to these Terms), fully paid, non-exclusive, royalty-free, limited, worldwide licence to aggregate, reproduce, distribute and otherwise use and display the Customer Data as may be necessary to enable us to provide the Services to you or to exercise our rights and obligations under this Agreement, and to de-identify it.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Notwithstanding anything to the contrary in this Agreement, you irrevocably agree and acknowledge that Harnois owns all right, title and interest, including but not limited to all Intellectual Property rights, in and to the De-identified Data and Usage Data, which may be used and exploited by Harnois for any purpose.<\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>Licences related to Generated Documentation<\/li><\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">The Services may include the provision of reports, graphics or similar materials to the Customer (collectively, the \u201c<strong>Generated Documentation<\/strong>\u201d). Harnois hereby grants to the Customer a limited, non-exclusive, non-transferable, non-sublicensable licence to reproduce, print, download and use all Generated Documentation solely in accordance with this Agreement and for the business purposes of you and your Representatives. This licence remains in effect after the Term.<\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>Licences related to the Services<\/li><\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">Subject to your compliance with this Agreement, we hereby grant you, for the Term, a non-exclusive, non-sublicensable, non-assignable, revocable right and licence (but only under the terms of this Agreement) to access and use the Services (and to permit your End Users to access and use the Services) for lawful business purposes. All rights not expressly granted herein are reserved to Harnois. End Users may only use the Services on the condition that the Customer remains responsible for its End Users.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Confidential information<\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>Exclusions<\/li><\/ul>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-3a58ceb\" data-block-id=\"3a58ceb\"><p class=\"stk-block-text__text\">Confidential Information does not include information for which the Receiving Party can demonstrate: (i) that it is publicly available in the same form through no fault of the Receiving Party; (ii) that it did not originate with the Disclosing Party and was lawfully obtained by the Receiving Party in the same form from an independent third party without restriction on disclosure; or (iii) that it did not originate with the Disclosing Party and that the Receiving Party was in possession of such information in the same form prior to its disclosure to the Receiving Party by the Disclosing Party.<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-4315bbd\" data-block-id=\"4315bbd\"><p class=\"stk-block-text__text\">Obligations<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-9131625\" data-block-id=\"9131625\"><p class=\"stk-block-text__text\">The Receiving Party acknowledges and agrees that the Confidential Information is proprietary information of the Disclosing Party and may constitute Intellectual Property of the Disclosing Party, whether or not any portion thereof is or may be validly copyrighted or patented. The Receiving Party will use the Disclosing Party\u2019s Confidential Information only for the purposes set forth in this Agreement and will protect such Confidential Information with a degree of care and confidentiality at least equivalent to that exercised with respect to its own Confidential Information, and in no event less than a reasonable degree of care and confidentiality.<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-f410aa4\" data-block-id=\"f410aa4\"><p class=\"stk-block-text__text\">The Receiving Party will take all reasonable steps necessary to ensure that the Disclosing Party\u2019s Confidential Information is not made available or disclosed to third parties by the Receiving Party or any of its Representatives, except (i) as required by applicable Law, including a valid court order; (ii) with the prior written consent of the Disclosing Party; or (iii) as permitted by or reasonably inferred from this Agreement. The Receiving Party will use appropriate diligence to ensure that its Representatives are subject to the same confidentiality obligations as the Receiving Party.<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-9f4001c\" data-block-id=\"9f4001c\"><p class=\"stk-block-text__text\">The Receiving Party shall not make any copies or reproductions of the Disclosing Party\u2019s Confidential Information (in any format) except as required for the purposes of this Agreement (including for backup and business continuity purposes).<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-af20647\" data-block-id=\"af20647\"><p class=\"stk-block-text__text\">Obligations upon termination<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-acf19ef\" data-block-id=\"acf19ef\"><p class=\"stk-block-text__text\">Upon termination of these Terms for any reason, the Receiving Party shall promptly return all Confidential Information in its possession to the Disclosing Party or destroy such Confidential Information. Notwithstanding the foregoing, the Receiving Party shall be entitled to retain copies to the extent required to comply with applicable Law, for its business records or as part of its business continuity, in which case the Receiving Party shall maintain the confidentiality and integrity of such Confidential Information while in its custody and shall securely delete such Confidential Information as soon as reasonably possible.<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-bbd5616\" data-block-id=\"bbd5616\"><p class=\"stk-block-text__text\">Personal information<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-52d71fc\" data-block-id=\"52d71fc\"><p class=\"stk-block-text__text\">You hereby agree and acknowledge that we use, collect and disclose Personal Information in accordance with our Privacy Policy.<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-8d172d2\" data-block-id=\"8d172d2\"><p class=\"stk-block-text__text\">The Customer is responsible for complying with applicable Law regarding the collection, use and disclosure of Personal Information through the Services. Without limiting the generality of the foregoing, you declare and warrant that you have all appropriate consents or other legal basis to allow us to collect, use and disclose Personal Information as set forth in our Privacy Policy, and to the extent required to provide the Services.<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-ae60e3c\" data-block-id=\"ae60e3c\"><p class=\"stk-block-text__text\">Information security<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-1bba251\" data-block-id=\"1bba251\"><p class=\"stk-block-text__text\">The Customer agrees to use commercially reasonable care to avoid transmitting any computer virus, worm, bug or other computer infection to the Services. The Customer is solely responsible for educating and training its End Users and for securing its own network and its own technologies and assets used to access the Services.<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-ccd3395\" data-block-id=\"ccd3395\"><p class=\"stk-block-text__text\">Declarations and warranties<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-3d7b558\" data-block-id=\"3d7b558\"><p class=\"stk-block-text__text\">We declare and warrant that the Services will substantially conform to the Documents and will be provided in a professional manner.<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-e55a49b\" data-block-id=\"e55a49b\"><p class=\"stk-block-text__text\">In addition to the other declarations and warranties provided in this Agreement, you declare and warrant that (i) all of your End Users are at least 16 years of age; (ii) the information provided when using your Account is accurate, truthful, current and complete; and (iii) you have never been suspended or barred from using the Services.<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-ec29997\" data-block-id=\"ec29997\"><p class=\"stk-block-text__text\">Each party declares and warrants that (a) it has the power and authority to enter into this Agreement; and (b) it will comply with all applicable Laws in connection with the provision or use of the Services, as applicable.<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-315d0d7\" data-block-id=\"315d0d7\"><p class=\"stk-block-text__text\">Indemnification, recourse<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-cf531a9\" data-block-id=\"cf531a9\"><p class=\"stk-block-text__text\">You hereby agree to indemnify, defend and hold us (including our Representatives) harmless from and against any and all claims, penalties, fines, costs, expenses (including reasonable attorneys\u2019 fees), actions, damages, losses or liabilities that directly or indirectly arise out of or relate to: (i) any breach by you or your End Users of Sections 3(a), 7, 8, 9, 10, 11, and 12, and (ii) willful misconduct, negligence, or fraud on your part.<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-c99b522\" data-block-id=\"c99b522\"><p class=\"stk-block-text__text\">Disclaimer of liability<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-c9c6f45\" data-block-id=\"c9c6f45\"><p class=\"stk-block-text__text\">Except as provided in this Agreement, (i) we do not warrant that the Services will be uninterrupted or error free; (ii) we make no warranty as to the results that may be obtained from the use of the Services; (iii) Harnois is the only person authorized to make representations or warranties on its behalf; (iv) we do not warrant that the Services will conform to representations by resellers that do not conform to the Materials; (v) the Services are provided on an \u201c\u201cas is, \u201d \u201cwhere is\u201d and \u201cas available\u201d basis; (vi) to the fullest extent permitted by law, we make no other declarations, conditions, or warranties, express or implied, as to the accuracy, quality, reliability, or completeness of any data or information (including any Generated Documentation) provided in connection with or as a result of the use of the Services; and (vii) we expressly disclaim any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Except as otherwise provided in this Agreement, you hereby waive your rights with respect to any of the foregoing warranties, declarations or conditions, whether express or implied.<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-401ca7e\" data-block-id=\"401ca7e\"><p class=\"stk-block-text__text\">The Customer is solely responsible for the accuracy, truthfulness and quality of Customer Data and any content, advice or information that is directly or indirectly delivered or transferred through the Services by the Customer (or its End Users). We have no control over, and assume no responsibility for, the accuracy, truthfulness or quality of such advice and Customer Data, including, but not limited to, violations of Intellectual Property, applicable Law and privacy rights.<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-bcdba23\" data-block-id=\"bcdba23\"><p class=\"stk-block-text__text\">Harnois is not in the business of providing management, marketing, legal, financial, accounting, tax, insurance or other professional services or advice. If you require such assistance, please seek the services of a qualified professional.<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-fa9cb35\" data-block-id=\"fa9cb35\"><p class=\"stk-block-text__text\">You acknowledge and agree that any data (including any Generated Documentation) produced by or through the Services (or resulting from the use of the Services) is provided for informational purposes only. We assume no responsibility or liability whatsoever for any business or professional decisions resulting from such data. You must ensure that the data is accurate and consistent.<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-fc5daf9\" data-block-id=\"fc5daf9\"><p class=\"stk-block-text__text\">We do not operate the networks of wireless or other communications service providers through which you may access the Services and we have no control over the activities of such providers. Accordingly, (i) we disclaim any responsibility or liability for your use of such providers to access the Services; and (ii) we cannot guarantee the privacy or security of wireless data transmissions.<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-e1781cd\" data-block-id=\"e1781cd\"><p class=\"stk-block-text__text\">No other verbal advice or other information provided in writing or electronically by Harnois or Harnois Representatives shall create a warranty.<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-1b5230b\" data-block-id=\"1b5230b\"><p class=\"stk-block-text__text\">Limitation of liability<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-468185e\" data-block-id=\"468185e\"><p class=\"stk-block-text__text\">To the fullest extent permitted by Law, neither party shall be liable to the other party or its Representatives for any loss of profits, or any indirect, incidental or consequential damages, or any special or exemplary damages, in connection with the provision of the Services, or the performance of any other obligation under this Agreement, even if either party has knowledge of the possibility of such damages.<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-5cf550b\" data-block-id=\"5cf550b\"><p class=\"stk-block-text__text\">Notwithstanding anything to the contrary, to the fullest extent permitted by Law, in no event will we be liable to you for any damages arising out of or relating to this Agreement, whether under statute, in contract or tort, or otherwise, even if a party has knowledge of the possibility of such damages.<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-7080554\" data-block-id=\"7080554\"><p class=\"stk-block-text__text\">Force majeure<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-2f78d6c\" data-block-id=\"2f78d6c\"><p class=\"stk-block-text__text\">Neither party shall be liable for any delay or failure to perform hereunder for reasons beyond its reasonable control, including, but not limited to, acts of God or criminal acts, actions of government in its sovereign or contractual capacity, floods, earthquakes and other natural disasters, strikes or other labour disputes, acts of war, acts of civil disobedience, denial-of-service and distributed denial-of-service attacks, ransomware, and other cyber attacks that are not negligently caused or facilitated (a \u201c<strong>Force Majeure Event<\/strong>\u201d).<\/p><\/div>\n\n\n\n<p class=\"wp-block-paragraph\">Termination<\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>Termination<\/li><\/ul>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-29bdbf5\" data-block-id=\"29bdbf5\"><p class=\"stk-block-text__text\">The Customer may terminate the Agreement at any time by deleting its Account. Harnois may suspend or terminate the Terms of Service for cause (i) upon thirty (30) days prior written notice of a material breach of the Agreement to the other party, if such breach remains uncured at the expiration of such period; (ii) upon written notice in the following instances:<\/p><\/div>\n\n\n\n<ul class=\"wp-block-list\"><li>the Customer becomes the subject of a petition in bankruptcy or other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors;<\/li><li>the Customer declines an amendment to these Terms as more fully described in Section 2;<\/li><li>Harnois is of the opinion, in its reasonable discretion, that termination is necessary to protect its legitimate interests or to protect itself from damage;<\/li><li>the Customer or an End User commits an Abuse as set forth in Section 3, if Harnois has conducted a reasonable investigation confirming that the Abuse has been committed;<\/li><li>there is no reasonable prospect that the material breach of this Agreement by the other party can be resolved within the thirty (30) day period following receipt of the notice referred to in this Section.<br><ol><li>Effect of termination<\/li><\/ol><\/li><\/ul>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-06f914e\" data-block-id=\"06f914e\"><p class=\"stk-block-text__text\">If this Agreement is terminated for any reason or expires, except as otherwise provided in this Agreement, the rights granted by either party to the other shall immediately terminate.<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-52aa374\" data-block-id=\"52aa374\"><p class=\"stk-block-text__text\">The provisions of Sections 7, 9, 11, 12, 13, 14, 15, 17, 18 and 19 hereof shall remain in effect after the Term or termination of this Agreement for any reason.<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-0013bff\" data-block-id=\"0013bff\"><p class=\"stk-block-text__text\">Governing law, dispute resolution<\/p><\/div>\n\n\n\n<ul class=\"wp-block-list\"><li>Governing law<\/li><\/ul>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-93b0ace\" data-block-id=\"93b0ace\"><p class=\"stk-block-text__text\">The validity, interpretation and performance of this Agreement and the legal relationship between you and us shall be governed by and construed in accordance with the laws of Quebec, Canada and the federal laws applicable therein, without regard to any choice or conflict of law provision or rule (whether in Quebec or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Quebec, Canada. The Terms expressly exclude the application of the&nbsp;<em>United Nations Convention on Contracts for the International Sale of Goods<\/em>.<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-a12ac86\" data-block-id=\"a12ac86\"><p class=\"stk-block-text__text\">Subject to paragraphs (b) and (c) below, any suit, action or proceeding arising out of the Agreement or any transaction hereunder shall be brought exclusively in Quebec, Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in connection with any such suit, action or proceeding.<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-e0e8254\" data-block-id=\"e0e8254\"><p class=\"stk-block-text__text\">Mediation<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-c2b18cf\" data-block-id=\"c2b18cf\"><p class=\"stk-block-text__text\">The parties may, at any time, refer the dispute to a mutually agreed-upon mediation service by providing the mediation service with a joint written request for mediation, setting forth the subject matter of the dispute and the relief sought. The parties will cooperate with the mediation service and each other in selecting a neutral mediator and scheduling the mediation process. The parties agree to use commercially reasonable efforts to participate in the mediation. The parties agree that the mediator\u2019s fees and expenses and the costs associated with the mediation shall be shared equally by the parties. The place of mediation shall be Joliette, Quebec, Canada.<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-2e6f370\" data-block-id=\"2e6f370\"><p class=\"stk-block-text__text\">If the parties settle the dispute through mediation, they will jointly draft a document setting out the terms of the settlement. The document, once signed, will be irrevocably binding on the parties and may be subject to homologation by a court of competent jurisdiction in Quebec.<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-9967468\" data-block-id=\"9967468\"><p class=\"stk-block-text__text\">Arbitration<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-00ddcce\" data-block-id=\"00ddcce\"><p class=\"stk-block-text__text\">If the parties are unable to reach agreement for any reason, including, but not limited to, if either party does not agree to enter into mediation or accept any settlement proposed by the mediator, any dispute, controversy or claim arising out of or relating to this Agreement, including any question concerning its existence, interpretation, validity, breach or termination or the business relationship it creates, shall be submitted to and conclusively resolved by arbitration under the rules of the Canadian Arbitration Association. The place of arbitration shall be Joliette, Quebec, Canada (unless otherwise agreed in writing by the parties). The language of the arbitration shall be French or English, at the option of the parties. A single arbitrator shall be selected jointly by the parties, or if the parties cannot agree, by a judge of the Superior Court of Quebec, in Montreal, Quebec, Canada. The arbitrator shall have at least five (5) years of experience in commercial law and in the technology sector, such as online management tools for businesses.<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-4ff63fb\" data-block-id=\"4ff63fb\"><p class=\"stk-block-text__text\">General provisions<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-13f3bdb\" data-block-id=\"13f3bdb\"><p class=\"stk-block-text__text\">The waiver of a breach of any provision of this Agreement shall not be deemed or construed to be a waiver of any other or subsequent breach.<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-d208ca0\" data-block-id=\"d208ca0\"><style>.stk-d208ca0{margin-bottom:23px !important}<\/style><p class=\"stk-block-text__text\">If any provision of this Agreement is in violation of any applicable Law, or is illegal for any reason, such provision shall terminate itself without affecting the validity of the remaining provisions.<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-d32074b\" data-block-id=\"d32074b\"><p class=\"stk-block-text__text\">This Agreement describes the entire agreement between the parties and supersedes all oral and written agreements between them relating to its subject matter.<\/p><\/div>\n\n\n\n<div class=\"wp-block-stackable-text stk-block-text stk-block stk-41ec22c\" data-block-id=\"41ec22c\"><p class=\"stk-block-text__text\">We may assign this Agreement, in whole or in part, at any time in connection with a bona fide corporate reorganization, sale of our assets, merger and acquisition or bankruptcy filing. You may not assign this Agreement, or any portion thereof, to any other person without our prior written approval, which shall not be unreasonably withheld. Any attempt by you to assign this Agreement without our consent is void. You may not transfer to any other person, temporarily or permanently, the rights to use the Services or any portion thereof.<\/p><\/div>\n","protected":false},"excerpt":{"rendered":"<p>HARNOIS \u00c9NERGIES \u2013 TERMS OF SERVICE (CUSTOMER PORTAL) Last update: February 4, 2022 These Terms of Service constitute a legal agreement between the individual (individual customer) or entity (business customer), through its representative, who accepts them (the \u201cCustomer\u201d; \u201cyou\u201d) and Harnois \u00c9nergies Inc. (\u201cHarnois\u201d, \u201cwe\u201d, \u201cus\u201d, \u201cour\u201d and, collectively with the Customer, the \u201cparties\u201d and [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":37,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-23705","page","type-page","status-publish","hentry"],"acf":{"add_darker":false,"is_new_tag":false,"version":"1","opt_title_under":false},"featured_image_urls_v2":{"full":"","thumbnail":"","medium":"","medium_large":"","large":"","1536x1536":"","2048x2048":"","maxWidth":"","stdWidth":"","banner":"","bannerTablet":"","bannerMobile":"","logos-small":"","gform-image-choice-sm":"","gform-image-choice-md":"","gform-image-choice-lg":""},"post_excerpt_stackable_v2":"<p>HARNOIS \u00c9NERGIES \u2013 TERMS OF SERVICE (CUSTOMER PORTAL) Last update: February 4, 2022 These Terms of Service constitute a legal agreement between the individual (individual customer) or entity (business customer), through its representative, who accepts them (the \u201cCustomer\u201d; \u201cyou\u201d) and Harnois \u00c9nergies Inc. (\u201cHarnois\u201d, \u201cwe\u201d, \u201cus\u201d, \u201cour\u201d and, collectively with the Customer, the \u201cparties\u201d and each, a \u201cparty\u201d). These Terms of Service (also referred to as the \u201cAgreement\u201d) define the legal relationship between you and us with respect to the Portal and other related Services. Please read the Agreement carefully before accessing the Portal, as it contains important information about&hellip;<\/p>\n","category_list_v2":"","author_info_v2":{"name":"harnois","url":"https:\/\/harnoisenergies.com\/en\/author\/harnois\/"},"comments_num_v2":"0 comments","yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v28.8 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Terms and conditions (portal) - Harnois \u00c9nergies<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/harnoisenergies.com\/en\/terms-and-conditions\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Terms and conditions (portal) - Harnois \u00c9nergies\" \/>\n<meta property=\"og:description\" content=\"HARNOIS \u00c9NERGIES \u2013 TERMS OF SERVICE (CUSTOMER PORTAL) Last update: February 4, 2022 These Terms of Service constitute a legal agreement between the individual (individual customer) or entity (business customer), through its representative, who accepts them (the \u201cCustomer\u201d; \u201cyou\u201d) and Harnois \u00c9nergies Inc. 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