USER AGREEMENT
Version updated: September 30, 2021
This User Agreement is between the user of the "RMPenligne"
web application who has created an account to access it (the "User" or "you") and the Comité
paritaire des agents de sécurité (the "Committee" or "we"). Please read this
User Agreement carefully as it contains your rights and obligations when using
our web application at rmpenligne.ca (the "Web Application").
Thank you for using the Web Application, which enables employers ("Employers") to manage their monthly payroll reports ("Reports").
If you have any questions,
comments or complaints regarding the Web Application, please contact us.
This User Agreement is
effective as of the date we (a) authorize your enrolment in the Web Application
following your application for enrolment; (b) you use or access the Web
Application; or (c) expressly accept the User Agreement, whichever occurs
first. It applies for as long as you use our Web Application.
Definitions
a. Personal Information; means any information about an individual that
identifies that individual, regardless of the medium in which it is held,
including name, address, telephone number, email address, social insurance
number, date of birth, employment status and remuneration;
b. Intellectual Property; means all right, title and interest in and to all
intellectual and industrial property, including: (i) all patents and
applications; (ii) all inventions, trade secrets, designs, methods, processes
and know-how; (iii) all copyrights, copyright registrations and applications,
and all other rights related thereto worldwide; (iv) all trade names, company
names, logos, common law trademarks, trademark registrations and applications;
and (v) all computer programs, applications or software whether in source code,
object or executable form and all proprietary rights in such programs,
applications or software, including documentation and other materials or documents
relating thereto;
c. Confidential Information;
means all information of a Party and its licensors (the "Disclosing Party") that will come into the possession or control of the other Party
(the "Receiving Party") relating to the
business, properties, affairs or finances of the Disclosing Party, or of any
person, firm, cooperation or other entity that the Disclosing Party is required
to keep confidential, including trade secrets, source code, algorithms, product
and service specifications and uses, product research sales, marketing and
strategic plans and forecasts, notes, projections, reports and data, whether
written, printed or in digital or other format, and shall include all other
types of information identified by the Disclosing Party, orally or in writing,
as confidential at the time of disclosure to the Receiving Party, or that the
Receiving Party should know by virtue of the circumstances under which it
became aware of such information, would constitute confidential information.
The Committee Materials will be considered Confidential Information of the
Committee.
Services
The Web Application is made
available upon application by an Employer, whereby the Employer will identify
the Users who are authorized to use the Web Application and the authorized
accesses for each User. We reserve the right to deny access to the Web
Application to anyone in our sole discretion.
By using our Web
Application, you will be required to create a user account and password
("Credentials") to access the features offered. You agree that you
are responsible for maintaining the confidentiality of your Credentials,
including by taking all ordinary security precautions. Also, you agree that you
are responsible for any action taken on your account resulting from the use of
your Credentials.
You represent and warrant:
(i) that you are the holder of the email address provided to create your
account or log in to the Web Application; and (ii) that you are not
impersonating any other person to access the Web Application.
You agree to use reasonable
efforts to prevent unauthorized access to or use of the Web Application. In
this regard, you may not share your Credentials with anyone, allow others to
use your user account, or provide assistance to anyone not specifically
authorized by the Committee to access the Web Application.
You must promptly notify
the Committee of any loss of secrecy of your Credentials, or suspicion thereof,
or of any unauthorized use of your Credentials of which you become aware. In
such event, you agree to change your password using the functions integrated
into the Web Application available in this regard. If you forget your password,
you are responsible for obtaining a new one using the instructions resulting
from the "Forgot Password" button.
Specifically, you agree that
you are responsible for any losses that may be incurred in connection with the
Web Application resulting from the compromise of the confidentiality of your
Credentials or from any unauthorized access. The Committee reserves the right,
without prejudice to its other rights and remedies, to unilaterally cancel the
Credentials used in violation of this User Agreement, which cancellation may be
effected without notice, depending on the circumstances.
The Web Application
requires access to a computer and is only available online. An up-to-date
browser is required to use the Web Application. You are responsible for
obtaining the appropriate equipment to use the capabilities of the Web
Application, including a computer with Internet access.
The Web Application is
available in English and French.
To log out of the Web
Application, you must always use the "Logout" button at the end of
each session.
Internal Rules of Use
When using the Web
Application, we require that you follow certain internal rules of use. If you
do not follow these rules, we may restrict or block your access to the Web
Application, with or without notice, indefinitely or temporarily.
a. No reverse engineering. Do not decompile, disassemble, reverse engineer,
investigate, modify, create derivative works, or otherwise access non-user
interfaces of the Web Application;
b. No Unauthorized Access. Do not attempt to gain unauthorized access to
the Web Application, or otherwise circumvent its protection or monitoring
mechanisms;
c. Do not copy our ideas. Do not access the Web Application in order to
build a similar or competitive product or service or to copy ideas, features,
functions or graphics from the Web Application or to copy, modify, reproduce,
republish, distribute, display or transmit for commercial, non-profit or public
purposes all or part of the Web Application;
d. Respect intellectual property. Do not use the Web Application to
transfer, disseminate or share content, information, data, software or other
material that infringes the intellectual property rights of others;
e. Do not assume the identity of others. Do not assume another person's
identity, including registering using another person's identity to create an
account;
f. Do not break the law when using the Web Application. Do not use the Web
Application in a manner that violates applicable laws, including sending
unsolicited communications, promotions or advertisements, or spamming our
users. Similarly, do not use the Web Application in an abusive manner contrary
to its intended use, its documentation or our reasonable instructions. Do not
use your computer skills to disrupt the Web Application;
· Do not use the Web Application in a manner that would disrupt other
users or their enjoyment of the Web Application. This includes automated,
constant and repeated requests for data other than that intended for the
services to function normally, such as abnormal usage that overloads servers or
blocks parts of our network (e.g., Denial of Service (DoS) attacks and
Distributed Denial of Service (DDoS) attacks);
· Do not use technologies to "mine" data ("data scraping"), including personal information of other users. We respect the
privacy of our users, and we ask that you do the same when using the Web
Application;
· Do not create a bulk account or use bots to try to get into another
user's account.
g. Do not hack us. This means that you may not scan, probe or test the Web
Application for vulnerabilities, introduce malware or deploy denial of service
attacks.
We reserve the right to
investigate and prosecute violations of our internal rules of use, including,
but not limited to, possible infringement of any intellectual property rights
and possible security breaches, to the fullest extent permitted by law. The
Committee may involve and cooperate with law enforcement authorities in
prosecuting users who violate this User Agreement. You acknowledge that,
although the Committee has no obligation to monitor your access to or use of
the Web Application, the Committee has the right to do so for the purpose of
operating the Web Application, ensuring your compliance with this User
Agreement, or complying with applicable law or the order or requirement of a
court, administrative agency, or other governmental body.
Intellectual
Property
You agree that all title,
ownership rights and intellectual property rights in and to the Web Application
and all copies thereof belong to us. Our trademarks, logos, products and
services, and all underlying technology are our intellectual property. Except
as otherwise permitted by law, you may not use or display our trademarks in any
manner without our prior consent. We reserve all rights not granted herein. You
may not reproduce any portion of the Web Application in any form or by any
means, except as expressly permitted in this User Agreement.
We also grant you a
limited, perpetual, non-exclusive, sub-licensable and transferable license to
use, reproduce, modify, create derivative works from and display the Monthly
Payroll Report.
We agree that you own all
title, ownership rights and intellectual property rights to any information,
content or works that you may enter or upload to the Web Application.
Therefore, you are fully responsible for the intellectual property you choose
to share with us on the Web Application.
Although the Web Application
is not a public platform, we shall not be held liable if your intellectual
property is stolen or otherwise infringed by a third party as a result of its
submission to the Web Application. It is your responsibility to ensure that you
protect your intellectual property. If the content you choose to upload to the
Web Application infringes on the intellectual property rights of others, you
agree to indemnify and hold us harmless from any damages, claims or lawsuits
brought against the Committee by third parties.
Notwithstanding anything to
the contrary, we shall be the sole owner of any suggestions, enhancement
requests, recommendations or other feedback you provide to us, as it relates to
the Web Application. You hereby assign to us, without limitation of any kind,
all of your right, title and interest therein, and we accept such assignment.
Signature
Transactions performed by
the User using the User ID and password assigned by RMPenligne.ca shall have
the same legal effect as if had been performed pursuant to written instructions
signed by the User.
Security
The Committee employs
commercially reasonable security procedures to protect the information
(including Personal Information) hosted on the Web Application from external
attack. The User acknowledges and accepts, however, that the transmission of
information via the Internet carries certain inherent risks and limitations,
including the risk of interruption, response times for accessing or
transferring data, and the risks inherent in any data transfer.
Unfortunately, no data
transmission over the Internet can be perfectly secure and although the
Committee takes all necessary measures to protect the information submitted by
the User, the Committee cannot guarantee the absolute security of the information
transmitted to it.
Always ensure that
you are in a secure environment when transmitting information. If you do not
see the security seal on the screen (closed padlock), or if you see a broken
seal (open padlock), the security of your Internet transaction is not
guaranteed and a third party could intercept it.
After locating the padlock,
click on it to obtain the certificate attesting to the security of the site.
You should be able to read the name of the owner of the site as well as the
validity period of the certificate.
It is important to log off
as soon as you have finished using Rmpenligne.ca or when you need to leave your
computer unattended for a moment during your session. To log off securely, you
must click on Exit, clear the cache and then close your browser.
Confidential Information
When using the Web
Application, you and the Committee may obtain Confidential Information about
the other party. Each party acknowledges that it may not use or disclose such
Confidential Information except for the purpose of providing the Web
Application or any other expressly agreed upon purpose. All Confidential
Information shall be securely deleted when no longer required.
Personal Information and
Privacy
We may collect, use or
disclose Personal Information in accordance with our privacy policy. Please see
our Privacy Policy for additional information on our Personal Information
handling practices, including the use of cookies. Rest assured that we use your
Personal Information only to enhance your user experience on the Web
Application or our business practices.
Warranties
1. The
Web Application is provided to you and is accessible on an as-available basis.
The Committee makes no express or implied warranties, including, but not
limited to, warranties as to the quality and suitability of the Web Application
for a particular purpose and the non-infringement of the Web Application's user
agreement by other users.
2. The
Committee does not warrant that the Web Application will be uninterrupted,
timely, secure or error-free.
3. You
will be solely liable for any damage to your computer system or loss of data
that results from the download of any materials.
Limitation of Liability
To the extent permitted by
applicable law, the Committee shall in no event be liable for any direct or
indirect damages arising:
1. From
the use or inability to use the Web Application;
2. As
a result of unauthorized access to the Web Application by a user or the
modification of your transmission or your database;
3. As
a result of the conduct of a third party while using the Web Application.
Force Majeure
Neither you nor the
Committee will be liable for delays or failure to perform hereunder due to
causes beyond their control, including, but not limited to, cyber-attacks,
epidemics, pandemics (including any additional consequences or situations
arising from the outbreak of the COVID-19 coronavirus), acts of God or a public
enemy, acts of a government in its sovereign or contractual capacity, floods,
earthquakes, and civil disobedience, unless caused or facilitated by their
negligence.
Amendments
The Committee reserves the
right to amend, in whole or in part, the User Agreement and may also change the
nature of the products and services offered at its sole discretion, including
informing the User when accessing the Web Application. If you do not agree with
the changes, you must stop using the Web Application and inform us as soon as
possible. The changes will take effect on the date mentioned above.
Applicable Laws
This User Agreement shall be governed by and construed in accordance
with the laws of the Province of Quebec, Canada, applicable to contracts
between Quebec residents and to be executed in Quebec. The parties irrevocably
submit to the jurisdiction of the courts of the province of Quebec.
Termination of
the Agreement
The Committee may terminate
this agreement at any time by simple notice sent to the User and withdraw, in
whole or in part, the Web Application.