Conditions of use of the public and restricted websites of the Chambre des notaires du Québec (hereinafter collectively referred to as the “Chambre Websites”)
The following conditions of use (the “Conditions”) apply to all services, activities, information and documents offered by the Chambre des notaires du Québec (the “Chambre”) as well as its partners and subcontractors (its partners and subcontractors collectively referred to as the “Other Content Providers”) and exchanged between them and users through Chambre Websites (collectively, the “Content”).
The Conditions are an agreement between Chambre Website users and the Chambre. By ticking the box accepting the Conditions (where this function is available) or by continuing to navigate or use Chambre Websites, users expressly agree to abide by the Conditions and applicable legislation.
The Chambre reserves the right to amend the Conditions without warning. In this case, users are solely responsible for regularly checking the content. Users who do not agree with the Conditions must immediately cease using Chambre Websites.
1. Access to Chambre Websites
Various clientele can access Chambre Website Content. Restricted Chambre Websites are intended only for certain users and require accounts to be created including a username, strong password and, in some cases, information (including personal information) that must be accurate and complete.
Note that notary users must authorize their firm’s support staff to create their user account in The Notary’s Space.
Users who refuse to provide the information required when creating an account will be unable to access Chambre Website Content.
Furthermore, users are solely responsible for updating the information related to their account after a change, by contacting:
Users remain responsible for the use of their user accounts; for this reason, users are prohibited from sharing their usernames and passwords or transferring their accounts to a third party. Lastly, users must immediately inform the Chambre of unauthorized use of any of their accounts.
2. Protection of Personal Information
3. Availability of Chambre Websites
Unless otherwise indicated and provided that the user has provided all the information required to create their accounts and paid the related fees, as applicable, Chambre Websites can be accessed seven days per week, 24 hours per day, except in the event of:
- force majeure, or
- events outside the control of the Chambre,
- possible service interruptions required for their maintenance and sound operation or of resources required for their operation,
- access from outside Canada.
The Chambre does not guarantee unlimited uninterrupted access to Chambre Websites. The Content may also be subject to limited distribution or be withdrawn from Chambre Websites, without prior warning. Nor does the Chambre guarantee that the Content will be sufficient, accurate, comprehensive or up to date, for any purpose whatsoever, and it does not commit to continually update said Content. The Chambre cannot be held liable for damages of any nature in this respect.
To report that a Chambre Website is unavailable or an error in the Content, users may contact:
4. Using Chambre Websites
Any use of Chambre Websites, including related discussions and communication, must be courteous and respectful of other users. Users may not make statements related to belonging or not belonging to an ethnicity, race, religion, belief, age, disability, sexual orientation with the purpose or effect of harming the dignity of others or creating a hostile, degrading, humiliating or offensive environment and considered discriminatory. The same applies to all sexually suggestive statements with the same purpose or effect.
The Chambre cannot be held liable for the behaviour and offences committed by Chambre Website users nor for damages of any kind related to their use.
Users may report inappropriate Content by contacting:
5. Professional Development, Other Professional Obligations and Formalities
Chambre Websites may be used for the purposes of fulfilling certain professional obligations and administrative formalities required of notary users, within a timeframe set by law or by the Chambre, as the case may be.
Without limiting the general nature of the foregoing, Chambre Websites may be specifically used for the purposes of completing professional development required by an organization such as a professional order, a self-regulatory body or an association, particularly to obtain or maintain a title, an accreditation or a certification. Users are responsible for ensuring that the professional development activities they choose meet their needs and allow them to fulfill the regulatory requirements that apply to them.
The training offered through Chambre Websites cannot be completed as a group unless each participant is duly registered with a user account having paid the related costs, as applicable.
As mentioned above, the Chambre does not guarantee unlimited uninterrupted access to Chambre Websites and to Content and users are responsible for taking into account the usual vagaries related to the use of information and communication technologies while adhering to the deadlines set by the Chambre, by law or the competent organization, as the case may be.
The Chambre cannot in any case be held liable for the failure to obtain or the loss of a title, accreditation, certification or any other right, privilege or advantage nor for the imposition of any resulting additional fee, penalty or sanction for the user, due to having:
- Completed training that is irrelevant, insufficient or that does not fulfill applicable regulations;
- Failed to complete relevant and sufficient training during the time that it is available on Chambre Websites;
- Failed to declare their training hours to the competent organization, as users are responsible for ensuring that their training hours are recorded in their files with such organizations;
- Failed to make a choice or fulfill a professional obligation or an administrative formality within the timeframe provided, due to an interruption to access Chambre Websites.
6. Certificate of Training Participation
A certificate of participation in a training activity offered by the Chambre is provided through the Cognita training portal once the modules have been viewed in full, the exercises are completed and any other condition indicated to the user enrolling in the training has been satisfied. Users will receive a notice by email informing them that this certificate has been issued, after which they can download it from the “Mon dossier” heading in the portal.
Participation certificates will not be issued to individuals who have completed training offered by the Chambre by accompanying a user of the Cognita training portal without having registered themselves with their own user account and paid any related costs.
7. Copyright and Intellectual Property
The Content, in any form and on any medium whatsoever (text, images, illustrations, audio, video, etc.), is specifically protected by copyright and by Quebec, Canadian and foreign intellectual property law. The Chambre and/or the Other Content Providers hold exclusive ownership and are the sole and only holders of the rights, titles and interests, including copyright, on the Content as a whole.
Unless otherwise expressly indicated or unless prior written consent of the Chambre and, as applicable, of the Other Content Providers is obtained, upon request made to [email protected], Chambre Website users are strictly forbidden to reproduce (save, photograph, film, screen grab, etc.), sell or modify the Content for public or commercial purposes, specifically, the texts, opinions, notices, training material, templates and information contained, expressed or made available on Chambre Websites. These texts, opinions, notices, training materials, templates and information are the sole responsibility of their authors and not that of the Chambre.
Trademarks and logos appearing on Chambre Websites are the sole and exclusive property of the Chambre and, as applicable, the Other Content Providers. Permission to use any of these trademarks must be obtained in writing beforehand from the owner of the trademark in question. Send written requests for said permission to [email protected].
8. Security and Confidentiality
The Chambre does not guarantee that Chambre Websites are free from errors, defects, viruses or other elements harmful to users’ digital devices or computer systems and cannot be held liable for any damages to this effect. Users assume the entire risk of using Chambre Websites and downloading the Content they contain.
The Chambre forbids its employees, suppliers, representatives, partners as well as any person with whom it has a business relationship, from deploying or using any type of spyware in the operation of Chambre Websites.
When a user accesses Chambre Websites, cookies are automatically created that are valid for the duration of the session. Cookies must be activated for Chambre Websites to operate correctly.
Cookies are used to analyze visits and the use of Chambre Websites for the purposes of improving services. The statistics extracted, such as the number of visits, the path taken and the length of the visit are anonymous and in no case do these cookies make it possible to directly identify users.
The information compiled from cookies can be used solely for the purposes of providing Content or for improving navigation of Chambre Websites.
10. External Sites and Sources
The Content may occasionally include or refer to hyperlinks to websites other than Chambre Websites or to other sources (“External Sites and Sources”). They are provided for educational and information purposes.
The Chambre undertakes to remove any hyperlink or reference that leads to an External Site and Source containing works reproduced without permission as soon as it is informed in writing at [email protected]. As it does not approve, authorize or control External Sites and Sources, the Chambre cannot be held responsible for their availability and assumes no liability with regard to the content, links, advertising, products, services or any other material available on or from External Sites and Sources. The Chambre cannot be held liable for any proven or alleged damage or loss resulting from or relating to using or trusting the content, goods or services available on External Sites and Sources.
Consequently, Chambre Website users are responsible for being cautious in their use of External Sites and Sources content and for assuming all related risks, even when the user believes that these External Sites and Sources are timely, useful or complete or when the user provides these sites with personal information.
The Chambre reserves the right to modify, adjust or delete at any time the External Sites and Sources available or that are referred to on Chambre Websites.
The Chambre and Other Content Providers may, at any time, without prior notice and by means of a simple email to the address provided by the user when creating their user account:
- Refuse or remove access to Chambre Websites and their Content or cancel registration in a related activity;
- Interrupt the use of Chambre Websites or participation in a related activity, before, during or after it is held;
- Delete from Chambre Websites and from the Content any communication or exchange;
to/from any person, following unauthorized, fraudulent or illicit use of Chambre Websites or of the Content or following a breach of the Conditions and applicable legislation, without possibility of recourse or claim against the Chambre and Other Content Providers.
The Chambre may also require the user to repay any amount of money that it is obliged to pay following unauthorized, fraudulent or illicit use of Chambre Websites or of the Content or following a breach of the Conditions and applicable legislation.
12. Closing User Accounts
User accounts created to access Chambre Websites belong to the Chambre. Consequently, it reserves the right to deactivate, at any time, an unused user
Users who wish to deactivate an account must write to:
13. Applicable Laws
This agreement on the Conditions is governed by the laws of Quebec. Any dispute regarding it is to be brought before a court of the judicial district of Montréal.