Terms of Use | En commun

Please read the following Terms of Use (the “Terms”) before using the web platform available at the address encommun.io, as well as its components, including Passerelles and Praxis (the “Platform”), the user guides and other documents or guides relative to the Platform (collectively, the “Documentation”) that may be provided to you (“you” or “your”) by Projet collectif Québec and its affiliates, if applicable (collectively, “Projet collectif,” “we,” or “our”). By accessing or using the Platform, you agree to be bound by these Terms, as defined by Projet collectif, as well as by our Privacy Policy and Charter of Engagement (or any other policy that we might otherwise list), which are regarded as an integral part of these Terms. If you choose not to accept these Terms or the Privacy Policy, you should refrain from using the Platform.

To the extent permitted by law, we reserve the right, at our sole and absolute discretion, to modify these Terms, or any part thereof, at any time. In that case, Projet collectif will provide adequate notice before the modified Terms come into force and may inform you by email. The modified Terms will come into force sixty (60) days after their publication (or any other period otherwise indicated in writing by Projet collectif) and will apply to your use of the Platform from that time forward. Your use of the Platform after the modified Terms have come into force is a tacit acceptance of them. You are invited to share your comments and ideas to continue to develop these Terms.

1. USE OF THE PLATFORM

1.1. Access and Use. Subject to your strict compliance with these Terms, Projet collectif authorizes you to access and use the Platform in accordance with the Documentation, solely for your personal use or as part of your responsibilities with a specific employer.
1.2. Accuracy of Information. We use commercially reasonable efforts to ensure that the information available on the Platform is accurate and up-to-date. However, some information may contain typographical errors, inaccuracies, or minor omissions. In such cases, and to the extent permitted by law, we reserve the right to correct any minor errors, inaccuracies, or omissions on the Platform.
1.3. Privacy Policy. Any collection and use of your personal information via the Platform is governed by our Privacy Policy, which is regarded as an integral part of these Terms. In the event of a conflict between the conditions of the Terms and those of the Privacy Policy with respect to the collection and use of your personal information, the conditions of the Privacy Policy shall prevail.
1.4. Information Security. You acknowledge that the content you submit via the Platform may be transferred unencrypted to various networks; such transfer may involve modifications to conform and adapt to the technical requirements of connecting networks or devices. However, your personal information remains protected in accordance with our Privacy Policy.
1.5. Restrictions. You may not, at any time, directly or indirectly, except as expressly authorized: (i) copy, modify, or create derivative works of the Platform or Documentation, in whole or in part; (ii) lease, loan, sell, sublicense, assign, distribute, publish, or transfer the Platform or Documentation to third parties ; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or access the source code of the Platform, in whole or in part; (iv) remove any proprietary notices from the Platform, Documentation, or Platform Content (as defined below); (v) use the Platform as a service bureau, time-sharing, or in any other manner allocated to third parties; (vi) use the Platform contrary to the Documentation or the Charter of Engagement; (vii) disseminate Content that is false, inaccurate, misleading, defamatory, harmful, abusive, threatening, harassing, tortious, violent, vulgar, obscene, invasive of another’s right to privacy or confidentiality, hateful, racist, xenophobic, homophobic, sexist, or otherwise inappropriate; (viii) use the Platform to otherwise disseminate malware, viruses, or other harmful programs, illegal solicitation (including but not limited to junk mail or spam) or otherwise pretend to be someone else or use false representations; (ix) provide passwords or other login information to the Platform to third parties; (x) share the functionalities of the Platform with third parties; (xi) probe, scan, vulnerability test, or circumvent any security mechanism used by websites, servers, or networks connected to the Platform; (xii) take any action that imposes an unreasonable or disproportionately large load on websites, servers, or networks connected to the Platform; (xiii) access, attempt to access, or use the data of other Platform users without their consent; (xiv) knowingly diminish or impede access to the Platform; (xv) access or use the Platform to create a similar or competing platform or service; or (xvi) use the Platform, Documentation, or Platform Content in any manner or for any purpose that infringes on, misappropriates, or violates any intellectual property or other right of any person, or that violates any applicable law.
1.6. Suspension of the Platform. Notwithstanding anything to the contrary in these Terms, Projet collectif may temporarily suspend your access to some or all of the Platform if, in Projet collectif’s reasonable opinion: (i) there is a threat or attack on any component of the Platform; (ii) your use of the Platform disrupts or poses a security risk to the Platform or to any other Projet collectif client; (iii) you use the Platform for fraudulent or illegal activities; (iv) your use of the Platform is prohibited under applicable laws; or (v) your use of the Platform violates the Terms (each, a “Suspension”). Projet collectif will use commercially reasonable efforts to provide you with written notice of any Suspension and updates regarding the resumption of access to the Platform following the end of any Suspension. Projet collectif will use commercially reasonable efforts to provide access to the Platform as soon as reasonably possible after the event giving rise to the Suspension has been rectified. To the extent permitted by law, Projet collectif shall not be liable for any damages, liabilities, losses (including any lost profits), or any other consequences that you may incur as a result of any Suspension.
1.7. Compliance Measures. The Platform may contain technological protection measures to prevent copying and other security measures to prevent unauthorized use of the Platform, such as use: (i) beyond the scope of access granted under paragraph 1.1 of the Terms; and/or (ii) prohibited under paragraph 1.5 of the Terms. You shall not, and shall not attempt to, remove, disable, circumvent, or otherwise create or implement any alternative to such security measures.
1.8. Investigation and Prosecution. Projet collectif reserves the right to investigate any actual or potential violation of these Terms and to take appropriate action to stop any such violation. You acknowledge and agree that Projet collectif has the right (but not the obligation) to enforce compliance with these Terms, applicable laws, court orders, and governmental requirements. In the event of any violation of these Terms, Projet collectif has the right, at any time and without notice, to terminate your access to or use of the Platform.

2. USER ACCOUNT

2.1. Creating an Account. Certain functionalities or types of access to the Platform require the creation of a user account. If you choose to sign up to and create an account on the Platform, you must complete the registration process by providing Projet collectif with current, complete, and accurate information as requested in the applicable registration form. You must also choose a unique username and a secure password. In case of any violation of this paragraph 2.1, Projet collectif may terminate your Platform access and user rights at its sole and absolute discretion.
2.2. Use of the Platform by Minors. Projet collectif does not knowingly collect information from children under the age of 14.
2.3. Account Responsibility. You are solely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for all activities that take place in your account. You agree to notify Projet collectif immediately of any unauthorized use of your account or any other security breach.
2.4. Account Security. Although we use commercially reasonable security measures to protect your personal information, we cannot guarantee that unauthorized third parties will never be able to violate the security measures of the Platform or misuse your personal information.
2.5. Use of Other Accounts. You may not use another person’s account at any time.
2.6. Deleting an Account. You may request the deletion of your account by sending us a written request to this effect.

3. COMMUNITIES

3.1. Creating a Community. You are free to create a Passerelles community on the Platform, namely a collaborative space. To do this, you must respect the otherwise applicable terms provided by Projet collectif from time to time and use the form to create a community. You acknowledge and accept that Projet collectif, at its full and absolute discretion, may delete or block the process to create a community.
3.2. Rules of a Community. You are free to establish specific access rules for a certain community, when you are the manager of this community, preventing certain Platform users from accessing the community. Similarly, each community may decide to adopt its own charter establishing specific rules for this community. You acknowledge that the rules of a community (whether these are access rules or charter rules) shall never contravene the terms and conditions otherwise provided in these Terms, our Privacy Policy, and our Charter of Engagement. The members of a community are solely responsible for implementing the specific access or charter rules applicable to a community, and Projet collectif will be in no way responsible for ensuring compliance with these rules.
3.3. Administration. As the manager of a community, you undertake to monitor the Content of the community participants and otherwise notify Projet collectif without delay of any problem or situation that could potentially contravene the Terms, the Privacy Policy, or our Charter of Engagement.
3.4. Deleting a Community. You may request to delete a community for which you are the manager by sending us a written request to this effect. You may also archive a community by using the function available for this purpose. Projet collectif reserves the right to deny such a request at its absolute discretion. Projet collectif reserves the right to delete a community that we judge to be inactive or that does not comply with the Terms, our Privacy Policy, or our Charter of Engagement; the managers of the community will be notified in advance, whenever possible.

4. NOTEBOOKS

4.1. Creating a notebook. You are free to create a Praxis notebook on the Platform, namely a collection of notes. To do this, you must respect the otherwise applicable terms provided by Projet collectif from time to time and use the form to create a notebook. You acknowledge and accept that Projet collectif, at its full and absolute discretion, may delete or block the process to create a notebook.
4.2. Rules of a notebook. You are free to establish specific access rules for a certain notebook, when you are the manager of this notebook, preventing certain Platform users from accessing the notebook. Similarly, the managers of a notebook may decide to adopt a content style guide that establishes specific rules for this notebook. You acknowledge that the rules of a notebook (whether these are access rules or style guide rules) shall never contravene the terms and conditions otherwise provided in these Terms, our Privacy Policy, and our Charter of Engagement. The contributors of a notebook are solely responsible for implementing the specific access or style guide rules applicable to a notebook, and Projet collectif will be in no way responsible for ensuring compliance with these rules.
4.3. Administration. As the administrator of a notebook, you undertake to monitor the Content of the notebook contributors and otherwise notify Projet collectif without delay of any problem or situation that could potentially contravene the Terms, the Privacy Policy, or our Charter of Engagement.
4.4. Deleting a notebook. You may request to delete a notebook for which you are the manager by sending us a written request to this effect or by using the delete function. Projet collectif reserves the right to deny such a request at its absolute discretion. Projet collectif reserves the right to delete a notebook that we judge to be inactive or that does not comply with the Terms, our Privacy Policy, or our Charter of Engagement.

5. COLLECTION AND USE OF INFORMATION; AGGREGATE DATA

5.1. Collection and Use of Information. Projet collectif may, directly or indirectly through the services of third parties, collect and store information concerning the use of the Platform and on the equipment by which the Platform is accessed and used, through: (i) the provision of maintenance and support services; (ii) security measures included in the Platform as described in paragraph 1.7 above; and (iii) transfer via the internet. You agree that Projet collectif may use this information for purposes related to any use of the Platform by you, including, but without limitation, to: (y) improve the performance of the Platform or develop updates; and (z) verify your compliance with the Terms and enforce our rights, including our intellectual property rights, as between the parties, in and to the Platform and the Documentation.
5.2. Aggregate Data. Notwithstanding anything to the contrary herein, Projet collectif may monitor your use of the Platform and collect and compile aggregated and anonymized data sets and decision models (collectively, “Aggregate Data”). As between the parties, all right, title, and interest in and to the Aggregate Data, including all intellectual property rights therein, are owned and held exclusively by Projet collectif. You acknowledge and agree that Projet collectif may, at its sole and absolute discretion: (i) make the Aggregate Data publicly available by applicable law; and (ii) use the Aggregate Data to the extent and in the manner permitted by applicable law.

6. CONTENT

6.1. Ownership of Content. As between us, you retain ownership of all texts, videos, photographs, or other material that you upload to, note on, or communicate through the Platform or provide to Projet collectif hereunder (“Content”), except for Feedback (as defined below). In order to facilitate the free flow of Content, the Creative Commons licence applies to all public notes published on Praxis, unless otherwise specified.
6.2. Responsibility for Content. You acknowledge and agree that you are solely and exclusively responsible for all Content you provide on the Platform hereunder. Accordingly, you represent and warrant to Projet collectif that: (i) you are the sole and exclusive owner of the Content, or that you have all the rights, licences, authorizations, consents, and releases to grant Projet collectif the rights to such Content; and (ii) neither the Content nor its publication, transmission, or use by Projet collectif violates or will violate the rights of any third party, or any law or regulation, domestic or foreign.
6.3. Prohibitions. At all times that you provide, upload, communicate, or otherwise publish Content on the Platform hereunder, you agree not to make any statement or generate any Content that could be considered, at Projet collectif’s sole and absolute discretion, to be: (i) abusive, defamatory, pornographic, indecent, threatening, hateful, racist, xenophobic, homophobic, or sexist (or uses any discriminatory language) or portrays identifiable persons in an offensive, pornographic, obscene, immoral, defamatory, or libellous manner; (ii) involves vulgar, obscene, or malicious language; and (iii) discloses the personal or confidential information of others.
6.4. Licence to Content. Notwithstanding anything to the contrary, by submitting Content, you grant Projet collectif a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable licence to reproduce, publish, modify, and generally use the Content in relation to the Platform, including, but not limited to, advertising, disseminating, promoting, or representing Projet collectif’s activities and services. You also agree to complete and sign all documents that Projet collectif may reasonably require to give full effect to this provision.
6.5. Third-Party Content. Through the Platform, you may use and/or access content provided by third parties. Projet collectif cannot guarantee that such content will be free of any material or information you may find objectionable. Projet collectif disclaims all liability related to your access to any such content.
6.6. Complaints and Management of the Platform. If you believe that any Content available on the Platform violates any provisions of section 5 or any applicable law, Projet collectif invites you to submit a complaint, which will be treated confidentially, to the email address info@encommun.io or by using the “Report” function on the Platform. Notwithstanding the preceding, you acknowledge and agree that Projet collectif has no obligation to review the content published on the Platform, including your Content, or to monitor your access to or use of the Platform, but has the right to do so, in order to ensure compliance with these Terms, applicable laws, court orders, government standards, or any other applicable requirements. Projet collectif reserves all rights concerning the administration of the Platform, including, but not limited to, the right to remove without notice any Content that, at Projet collectif’s sole and absolute discretion, does not comply with the rules outlined in this section.

7. INTELLECTUAL PROPERTY

7.1. Platform and Documentation. You acknowledge and agree that the Platform and Documentation are provided under licence and not sold to you. You acquire no right, title, or interest to or in the Platform or Documentation under these Terms other that the right to access and use the Platform and Documentation under the Terms. As between the parties, Projet collectif retains all rights, titles, and interests in and to the Platform and Documentation, including all intellectual property rights therein, except for the access rights expressly granted herein. You are responsible for protecting the Platform and Documentation (including all copies thereof) from unauthorized infringement, misappropriation, theft, use, or access.
7.2. Trademarks. All trademarks, service marks, logos, trade names, and other distinctive signs designating Projet collectif or the Platform are, between us, trademarks of Projet collectif. All other trademarks, service marks, logos, trade names, and other distinctive signs are the trademarks of their respective owners.
7.3. Content of the Platform. All original works reproduced or published on the Platform are protected by copyright. The owner of the copyright of each work reserves all rights therein. You acknowledge and agree that it is an infringement of copyright for any person to do anything, without the copyright owner’s consent, that only the copyright owner has the right to do under applicable copyright laws. Elements of the content offered by Projet collectif on the Platform, the documents, audio and video clips, photographs, or other materials (collectively, the “Platform Content”), may be protected by intellectual property rights including, but not limited to, copyright, privacy, trademark, and other laws, and may require the consent of, or licence from, third parties. Projet collectif does not represent or warrant that such approvals or licences have been obtained and expressly disclaims any liability in this regard.
7.4. Feedback. If you send or transmit to Projet collectif any communication or material that suggests or recommends changes to the Platform, including, but not limited to, new features or functionalities relating thereto, or any comments, questions, suggestions, or the like (each, a “Feedback”), Projet collectif shall have the right (but not the obligation) to use such Feedback. Your hereby assign to Projet collectif, on your behalf, all rights, titles, and interests relative to the Feedback, effective as of the date such right, title, and interest is created. You agree to waive any moral rights you have or may have in and to the Feedback. Without limiting the generality of the preceding, you acknowledge and agree that Projet collectif shall have the right (but not the obligation) to use, without any attribution or compensation, any ideas, know-how, concepts, techniques, or other intellectual property rights in and to the Feedback for any purpose whatsoever. You also agree to complete and sign any documents that Projet collectif may reasonably require to give full effect of this provision.

8. LIMITATION OF LIABILITY

8.1. IN NO EVENT WILL PROJET COLLECTIF BE LIABLE TO YOU FOR ANY INTERRUPTION, SUSPENSION, OR INABILITY TO ACCESS THE PLATFORM, INCLUDING BUT NOT LIMITED TO OUTAGES, NETWORK PROBLEMS, ACTS OF GOD, OR EVENTS BEYOND OUR CONTROL, OR FOR ANY DAMAGES RESULTING THEREFROM. PROJET COLLECTIF MAY, AT ANY TIME AND WITHOUT NOTICE, TEMPORARILY INTERRUPT ACCESS TO THE PLATFORM FOR MAINTENANCE PURPOSES TO ENSURE PROPER OPERATION WITHOUT HAVING TO GRANT ANY COMPENSATION. TO THE FULLEST EXTENT PERMITTED BY LAW, PROJET COLLECTIF SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, THE TRANSMISSION OF VIRUSES, HACKING ATTEMPTS, AND PIRACY OF DATA, FILES, OR PROGRAMS CONTAINED THEREIN, TO THE EXTENT THAT SUCH LOSS OR DAMAGE DOES NOT RESULT FROM ANY FAULT OF PROJET COLLECTIF OR BREACH OF ITS OBLIGATIONS HEREUNDER.

9. EXTERNAL SITES

9.1. The Platform may contain hyperlinks to external internet sites that remove you from the Platform (the “External Sites”). You acknowledge and agree that Projet collectif is not responsible for the availability of these External Sites, nor for the accuracy of the content, products, or services available on these External Sites. Hyperlinks to External Sites do not imply that Projet collectif approves or endorses such External Sites. You acknowledge and agree to assume all risks arising from using External Sites. By using the Platform, you expressly release Projet collectif from any liability arising from your use of any External Sites, and the terms of use and privacy policy applicable to such External Sites bind you.

10. GENERAL

10.1. Survival of Provisions. Provisions that, by their nature, should survive termination of these Terms shall survive termination, including ownership provisions, disclaimers, and limitations of liability.
10.2. Entire Agreement. These Terms, the Privacy Policy, and the Charter of Engagement replace any prior agreements between you and Projet collectif and constitute the entire agreement between you and Projet collectif concerning the use of the Platform and its content.
10.3. Notices. We may provide you with any required legal notices (including service of process) by any legal method, including noteing notices on the Platform or sending notices to any email address you provide when setting up your account on the Platform or by otherwise interacting with us or the Platform. You agree to mail us notices to: 50 Chemin Pinard, Saint-Camille (Quebec) J0A 1G0.
10.4. Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder.
10.5. Waiver and Severability. The failure of Projet collectif to enforce any right or provision of these Terms does not constitute a future waver of such right or provision. The waver of any such right or provision shall be valid only if done in writing and signed by a duly recognized representative of Projet collectif. Except as expressly provided in these Terms, the exercise by Projet collectif of any of its remedies under these Terms shall be without prejudice to any other remedies. In the event that any provision of these Terms is declared invalid or unenforceable by a court of competent jurisdiction, the other provisions of these Terms shall remain valid and in full effect.
10.6. Force Majeure. Except for obligations relating to payment, each party shall be released from its obligations to the extent and for the period that it is unable or prevented from performing said obligations by circumstances beyond its control and shall not be liable to the other party for any damages suffered.
10.7. Contact Us. Projet collectif welcomes your comments, questions, and feedback. Please write to us at info@encommun.io or use the online form provided by Projet collectif.

Published: April 12, 2023.