Term of use

Welcome to Take Care of Business.

1. Subject

These terms and conditions of use are effective April 18, 2013, and apply to all users. They constitute a binding agreement between you and Videotron Business Solutions for the use of the Take Care of Business website.

By completing the registration process and using the Interface, you agree to be bound by the present terms without limitation or reservation. In this document, the word “we” refers to Videotron Business Solutions; the word “service” refers to the Take Care of Business website and all the software programs, products and services.

This agreement also includes additional terms and conditions respecting certain specific services offered by Videotron Business Solutions.

2. Registration

In using the Take Care of Business website, you warrant that (a) all the information you provided during the registration process is true and correct, (b) you will ensure that this information is kept up-to-date, and (c) your use of the Take Care of Business website does not violate any applicable law or regulation.

You warrant that you are 14 years of age or older or are an emancipated youth and are fully capable of understanding and undertaking to comply with the terms, obligations, declarations and guarantees listed in these terms of use.

3. Member Responsibilities

3.1. Under no circumstances shall you authorize another person to use your account. You are responsible for all activities in your account and it is your responsibility to ensure that your login information remains confidential. You also agree not to use another person’s account for any reason. If you suspect that another person is using your account, you shall inform the Take Care of Business website immediately.

3.2. Except in exceptional circumstances, the Take Care of Business website allows each user a single account. For an exception to be made, you must provide reasons and receive written authorization from the Take Care of Business website, failing which superfluous accounts may be deleted at our discretion.

3.3. To access Take Care of Business website services, you are responsible for ensuring that your computer meets the minimum requirements posted on the home page. In the event of a conflict between your computer and a software program provided on the Take Care of Business website, only the manufacturer of that software program has a responsibility to provide support.

3.4. Any and all actions that do not comply with this contract can lead to the suspension or cancellation of your membership without further notice and no such suspension or cancellation can be held against the Take Care of Business website .

3.5. The user also agrees that all the information on this Interface can be removed at any time at the discretion of Videotron Business Solutions, and the Interface can be permanently removed from the Web or archived.

4. Restrictions on Activities

4.1. You may use our services providing:

  • You comply with the terms of this contract;
  • You respect the netiquette and all other rules that we bring to your attention;
  • You inform us of anything that could compromise the security of the Take Care of Business website.

4.2. Activities prohibited on the Take Care of Business website include but are not limited to:

  • Using content and/or making statements that are offensive or incite racism, intolerance, hate and/or physical violence against groups or individuals;
  • Posting content that harasses and/or exploits people in a violent or sexual manner;
  • Providing information or content containing sexually suggestive images or scenes of nudity, violence or any other subject that is offensive, including links to sites with this type of content;
  • Providing or using information that you know to be false or misleading or that is related to illegal activity or behaviour that is abusive, threatening, obscene, defamatory or libellous;
  • Expressing opinions in a manner that is defamatory and/or otherwise falsely harms the reputation of another person;
  • Providing information or posting statements that violate the privacy of another person;
  • Displaying photos or other images of another person without his/her consent, except an unaltered image of a public figure taken in a public place;
  • Using, for yourself or on behalf of another person, our services for commercial purposes, including advertising to or solicitation of other people to buy or sell products or services without written authorization from the Take Care of Business website;
  • Using information obtained on the Take Care of Business website to harass, deceive or harm another person;
  • Harming the Take Care of Business website or our partners, clients or management;
  • Sending unwanted personal or commercial spam;
  • Selling or redistributing the service, in whole or in part;
  • Disassembling or decompiling the software used by the Take Care of Business website;
  • Disrupting or creating an undue burden on the services of the Take Care of Business website or anyone who uses them;
  • Soliciting personal information, including passwords, from other users;
  • Supporting or encouraging illegal activity or providing instructions about illegal activity, including the fabrication or purchase of illegal weapons and the spreading or creation of computer viruses;
  • Covering the advertising banners on your personal profile page or any other page on the Take Care of Business website;
  • Obtaining or using the identity of another person.

4.3. At our discretion, Videotron Business Solutions reserves the right to modify, reject or delete, in whole or in part, with or without prior notice, any content, including publications, posts or correspondence, whether it be private in nature or not, for any reason.

4.4. When you cancel your registration, all your saved information will be deleted from our servers and we will not be able to recover it.

5. Take Care of Business website Content

5.1. The Take Care of Business website contains content that is the property of Videotron Business Solutions. The Take Care of Business website content is protected by copyright, registered trademark, patent, trade secret and other laws. Videotron Business Solutions owns and retains all rights to its content and services. By this agreement, Videotron Business Solutions grants you a limited license, revocable and non-sub licensable, to reproduce content from and submit content to the Take Care of Business website for personal use only, when visiting sites that belong to or are managed by Videotron Business Solutions.

5.2. The services of the Take Care of Business website contain content from users and other licensors. With the exception of the content posted by you, you may not copy, modify, translate, publish, distribute, post or sell any of the content published on or through the Take Care of Business website.

6. Copyrights

6.1. You violate a person’s rights if you publish, distribute, copy, reproduce or publicly communicate, in any manner, in whole or in part, the work of a third party without obtaining prior authorization from that party. Therefore, publishing, distributing, copying, reproducing or publicly communicating on the Take Care of Business website any work that belongs to a third party is prohibited. If you quote the work of a third party, you must provide the source and the name of each author.

6.2. Videotron Business Solutions may, but is not obligated to, take action and determine that there is, or that there could be, a copyright violation before receiving a complaint from the copyright holder or a court ruling on the matter.

6.3. If you believe that a user has copied, reproduced, published, publicly communicated by telecommunication, publicly displayed, translated or adapted your work without authorization to do so, please contact our representative in charge of copyright protection. Your report must include: the signature of the person who holds the copyright or that of his or her representative, a brief description of the copyrighted work that has been infringed, the location on the Take Care of Business website where the work in question appears, your e-mail address, your mailing address, your telephone number, a statement from you that warrants that the reproduction of your work was not authorized and a statement that warrants that all the information provided in your report is correct. Send your report by email to info@takecareofbusiness.ca or by mail to: Videotron Business Solutions – Take Care of Business website, c/o Take Care of Business website administrator, 888 De Maisonneuve East, 3rd floor, Montreal, Quebec, Canada, H2L 4S8.

7. Defamation, Propagation of Hate and Harm to Image or Privacy

7.1. Everyone is entitled to protection of his or her reputation and privacy. Therefore, using the name, image, likeness or voice of a person without his or her authorization for any purpose other than the legitimate information of the public is prohibited. Alleging facts that could harm the reputation of a person without first verifying that these facts are accurate is also prohibited.

7.2. It is illegal to communicate, in any public space including the Internet, statements that incite hatred against any identifiable group where such incitement is likely to lead to a breach of the peace, or to communicate, other than in private conversation, statements that willfully promote hatred against any identifiable group.

7.3. You agree not to post on or through this site content that could cause prejudice to another person and, among other things, not to include material that, deliberately or otherwise, contains obscene elements, could constitute defamation, could damage the image or the privacy of a person, could incite hate or violence or could otherwise constitute a criminal offence or expose a person or entity to civil liability.

7.4. The user shall bear sole responsibility for any failure to comply with these rules, and the Take Care of Business website disclaims any liability in the event of legal action against the author of any statement that violates these rules.

8. Limitation of Liability

8.1. Videotron Business Solutions disclaims any liability for content posted by users. Information provided by users may not reflect the opinions or policies of Videotron Business Solutions, and we may modify or delete inappropriate content at our discretion.

8.2. Users are fully responsible for the interactions that they create through the Interface. Employees of Videotron Business Solutions cannot be held responsible for the consequences of any event that arises from interaction between users. It is possible that some users could obtain, by some means, your personal information and be inclined to use it in a way that causes you harm. Videotron Business Solutions and its employees are in no way responsible for information provided by users of the site, or for information users may obtain about you.

8.3. Videotron Business Solutions cannot be held responsible if a user is unable to use our services for any reason.

9. Indemnity

You agree to indemnify and save harmless Videotron Business Solutions, its subsidiaries, partners, directors, executives and employees of all liability (criminal or civil) or claims arising from use of the Take Care of Business website and/or violation of the terms of this contract.

10.No Warranty

10.1. Videotron Business Solutions makes the Take Care of Business website available to users “as is” and “with all its faults” without any representation or warranty of any kind, expressed or implied. Videotron Business Solutions and its providers expressly disclaim any representation, warranty of title, merchantability, merchantable quality, fitness for a particular purpose and non-infringement of intellectual property, and those arising by law or through a course of dealing or usage of trade. Occasional interruptions in service, irregularities caused by updates or attacks from hackers are independent of the will of Videotron Business Solutions. Videotron Business Solutions is not liable for the consequences of an interruption in service.

10.2. We do not guarantee continuous, uninterrupted or secure access to our services. The functioning of the Take Care of Business website can be compromised by a number of factors beyond our control.

11. Amendments to the Service or Contract

11.1. The date of the latest version of this contract appears at the top of the contract. However, Videotron Business Solutions can amend it at any time and such amendments will take effect upon publication of the new version of the contract, which will include the date of the update. You agree to review this contract regularly to keep informed of any changes. If you refuse any amendment to this contract, you must cancel your membership and stop using the services of the Take Care of Business website. If you continue to use our services, these services will be provided to you subject to the new provisions of the contract.

11.2. We can modify or terminate service or functions for any reason. Please contact us if you wish to dispute a change in our services.

11.3. Use of the Interface is free, but this is subject to change at the discretion of Videotron Business Solutions. Videotron Business Solutions reserves the right to cease offering its services for free at any time.

11.4. Violating this contract, including the regulations, can lead to the cancellation of user privileges.

12. Notices from Videotron Business Solutions

We may send additional information to the e-mail address you provided when registering with the Take Care of Business website. We may also send you information using a communication service of Videotron Business Solutions. Such information is deemed to have been received and read on the date it was sent. Therefore, it is your responsibility to ensure the e-mail address used for your registration with the Take Care of Business website is correct and to manage unwanted e-mils to ensure that you read messages from us. If you refuse to receive messages from us or to comply with the provisions explicitly specified in our correspondence, you must stop using the services of the Take Care of Business website.

13. Access and Interference

A significant part of the information posted on the Take Care of Business website is updated in real time. It is the property of Videotron Business Solutions or has been granted to us under license by our users or third parties. You agree not to use robots, crawlers or other automated means of accessing the Take Care of Business website, for any reason whatsoever, without our express written authorization. You also agree not to: (i) engage in activities that impose or could impose an unreasonable or disproportionate demand on our infrastructure; (ii) copy, reproduce, modify, distribute, post in public or create works that derive from any content (except your personal information) from the Take Care of Business website without first obtaining express written authorization from Videotron Business Solutions or the appropriate third parties, or (iii) interfere with or attempt to interfere with the operations of Videotron Business Solutions or the activities on the Take Care of Business website.

14. Legal Compliance

You are required to comply with all applicable laws, legislation, orders and regulations while using our services.

15. General

15.1. This agreement is governed by the applicable laws of the Province of Quebec, Canada and of Canada. You and the Take Care of Business website agree to submit to the exclusive jurisdiction of the courts of the district of Montreal, Quebec, Canada.

15.2. If one of the provisions of this agreement is determined to be invalid or unenforceable, this provision shall be struck out without affecting the other provisions in this agreement, which shall remain in effect. Should a judge determine that a clause is inapplicable, we shall replace it with a clause containing wording that reflects the essential intention of the initial clause.

15.3. The titles are provided for reference only and do not serve in any way to define, limit, interpret or describe the scope of each of the articles.

15.4. Videotron Business Solutions reserves the right to carry out investigations, including reporting illegal activities to the authorities, and to bring legal action against anyone who violates this contract in any way.

15.5. A failure on our part to act in the event of a violation of these conditions by you or another party does not waive our right to act with respect to similar violations in the future.

15.6. The present terms make up the totality of the contract between the parties with regard to the matter described above. All the clauses of this contract are applicable to the extent permitted by law.

15.7. Articles 5 (Responsibilities with Regard to Content), 8 (Limitation of Liability), 9 (Indemnity), 10 (No Warranty), 14 (Legal Compliance) and 15 (General) will survive any cancellation or expiration of the present terms and conditions.

 
NAVIGATIONAL DATA

1. What does «Navigational Data» mean, and how is it collected?

Navigational Data is general information about your electronic device or your navigational activity. It may include information about your IP address, your browsing history (such as the time and date you visited this site), the content of the different pages of this site you visited, the number of clicks during your visit, the type of device you used, your general geographic location (province or country), the advertisements or videos that you watched during your visit, and the address of the site you visited immediately before this site or that you visit immediately after this site.
Navigational Data is not personal, in that we do not use it, either alone or coupled with other information, with the intent of revealing your identity. The Navigational Data is used solely for the purposes expressed in this policy.
Navigational Data is collected by means of so-called «cookies», which are small data files uploaded onto your electronic device (such as your computer, tablet or mobile) once you visit this site. The cookies are automatically sent by the server of this site onto the browser of your device (Internet Explorer, Safari, Mozilla, etc.) and are archived, by default, onto your device’s hard drive.

2. Who collects Navigational Data?

Navigational Data may be collected, in whole or in part, by: (a) us Videotron Service Affaires, Quebecor Media Inc., its affiliates and/or related companies (collectively, «us»); and (b) certain companies with which we collaborate for commercial or non-commercial purposes (such as our advertising and content partners, our service, solution and technological platform providers, or certain companies who wish to acquire our assets) (collectively, our «Partners»).

When the Navigational Data is collected directly by a Partner, we will first enter into an agreement with that Partner to ensure that the Navigational Data is collected, used and stored with caution and only as expressly disclosed in this policy. The Partner must agree to abide by all applicable laws in Quebec and guarantees the safety and confidentiality of any Navigational Data collected. Our Partners are not allowed to collect personal information, use spyware to collect data without your knowledge, or use cookies that you cannot disable.

3. Is Navigational Data shared with third parties?

Unless you expressly authorize us to do so, we will not share your Navigational Data with any third parties other than our Partners. Even when we share the Navigational Data with our Partners, they are also bound by the rights, uses and limitations disclosed in this policy. We aim to ensure that the Navigational Data is solely used per our instructions and in accordance with this policy, and all applicable laws, security measures and confidentiality requirements.

4. How do we use Navigational Data?

We use Navigational Data in the following ways:

(a) we generate statistical data about our level of readership, the performance and use of our sites and content, and the type of persons interested in our sites;

(b) we improve your browsing experience. For example, the settings of your browser (such as your preferred language, time zone and plug-ins) may be offered to you by default upon your next visit, so that you are not required to enter your settings and preferences upon each visit; and

(c) we provide you with advertisements that are in line with your interests. In other words, advertisements may be tailored to you, given the content of the pages of this site that you have visited.

5. Where and for how long do we store Navigational Data?

The Navigational Data may be stored on our servers, our providers’ servers, or our Partners’ servers, as applicable. The Navigational Data is only stored for as the long as necessary to fulfill the purposes described above, after which time it will be permanently deleted.

6. How can you avoid having your Navigational Data collected?

By browsing this site, you consent to having your Navigational Data collected in the manner and for the purposes detailed above. Nevertheless, you may at any time erase the cookies currently on your browser or disable new cookies. Certain browsers allow you to pick and choose which cookies you allow on your browser and which cookies you disable. For more information on this subject, please turn to your browsing parameters.

Disabling the cookies on this site will not block you access to our page. However, you will be treated as a new user upon each visit and the advertisements you receive will be random and non-personalized.

Certain advanced functionalities of this site may be inadvertently affected by disabling cookies because certain cookies enable advanced interaction between different pages of our site. If you are experiencing difficulties as a result of disabling the cookies on our site, we invite you to contact us at any time.

7. Do we collect personal information?

Personal information is information that allows us to directly identify you, such as your name, geographical or electronic address, or phone number. We do not collect personal information without your express consent nor will we ask you to provide this kind of information other than voluntarily. For example, you might be asked to provide personal information when you subscribe to one of our sites, newsletters or email lists or when you make a purchase on one of our sites. In that case, you will be asked to create an account with us and provide certain personal information, such as your name and email address.
All personal information you provide to us will be used, stored and protected in the manner expressly disclosed by us and accepted by you at the moment such personal information is collected.

8. What happens when you click on an advertisement or an external link embedded on our site?

When you click on an advertisement or an external link embedded on our site, you will be redirected to the site of the advertiser and third party sponsoring the link, respectively. The new site will have its own policy regarding Navigational Data that may differ from ours and the new site will also likely have its own cookies. The policy of this site will no longer apply and your online activity will be subject to the new site’s policies.

9. Can you access or ask us to rectify my Navigational Data?

Yes, you can access or ask us to rectify your Navigational Data by submitting a detailed request to: infoprivee@quebecor.com. However, we can only satisfy your request if we already have a personal folder in your name in our files (for example, if you already communicated personal information to us when creating an account) and if we are further able to confirm that the Navigational Data contained in that personal folder is in fact yours.