Last update : January 9, 2023
This is an agreement between 12434270 Canada Inc., f.a.s.r.s. Plan Monark (“Monark”), owner and operator of the Monark electronic project management platform (the “Platform”) and you (“you” or “User”).
The Platform and Services are only available to Users who can legally enter into binding contracts under the governing law. By using or accessing this Platform, you represent and warrant that you are of legal age to use the Platform and Services, and that you are not prohibited from using them under the governing law.
2. YOUR ACCOUNT
2.1. Creating an Account.
To use the Platform, you must create a user account. When creating a user account, you agree to provide true and complete information about yourself as required by the registration process, and to update such information when necessary to ensure that it remains accurate. You must also choose a unique and secure password. If you violate this Section 2.1, Monark reserves the right to terminate your use of the Platform at their discretion without prior notice.
2.2. Responsibility for Your Account.
You are fully responsible for maintaining the confidentiality of your password and username. In addition, you are fully responsible for all activity that occurs under your account. You agree to contact Monark immediately if any unauthorized activity occurs under your account or if there is any security breach.
2.3. Account Security.
Monark has already put in place the appropriate security measures to protect the Platform and Services. However, Monark cannot guarantee that unauthorized third parties will never bypass these security measures or that they will never unlawfully use your identifying information (“Personal Information”). You acknowledge that you provide your Personal Information at your own risk.
2.4. Liability for Account Misuse.
Monark shall not be held directly or indirectly liable for any loss or damage of any kind incurred by you due to someone else’s use, with or without your consent, of your password, your username, or your account. You may also be held liable for any losses incurred by Monark or another third party due to someone else’s use of your account, username, or password.
2.5. Use of Other Accounts.
You are prohibited from using someone else’s account at any time unless you have been given permission from the account holder to act as their authorized agent.
3.1. Changes to the Services.
Monark reserves the right to modify or discontinue the Services (or any part or content thereof) at any time without prior notice. Monark is not liable to you or any other third party for any changes, price modifications, or suspension or discontinuance of the Services.
Monark cannot guarantee the availability of any Content.
Monark cannot guarantee that the Services and the Content will be compatible or remain compatible with the browser or device that you are using. You are fully responsible for obtaining the software needed to use the Services and view the Content.
Monark does not guarantee that the quality of our Services or Content will meet your expectations, or that any errors in the Content will be corrected.
4. USE OF THE SERVICES
The Platform allows users to plan, carry out, and monitor management activities online through a course offering various management and communication tools within companies.
4.2. Access and Use.
4.3. Rules of Conduct.
You may not engage in the following prohibited activities:
4.3.2. using the Platform for any purpose other than the Permitted Purposes;
4.3.3. copying, distributing, or disclosing all or any part of the Platform, Services, or any content contained therein, in any medium, including through the use of any web scraping tool or technique, whether automated or not;
4.3.4. using an automated system, including spiders and offline readers, to access the Platform;
4.3.5. transmitting spam, chain letters, or any other form of unsolicited email through the Platform;
4.3.6. attempting to interfere with the Platform’s servers, compromise the integrity or security of their systems, or decrypt outgoing or incoming transmissions;
4.3.7. taking any action that, at Monark’s sole discretion, imposes or is likely to impose an unreasonable or disproportionately large load on the Platform’s infrastructure;
4.3.8. uploading data, viruses, worms, or any other malicious software through the Platform;
4.3.9. using the Platform to collect, extract, or harvest identifying information;
4.3.10. impersonating someone, misrepresenting your affiliation with a person or entity, committing fraud, or concealing or attempting to conceal your identity;
4.3.11. interfering with the Platform’s proper operation;
4.3.12. accessing any Platform content using any means or technology that is not provided or authorized by the Platform;
4.3.13. circumventing measures that Monark uses to prevent or restrict access to the Platform, including features that prevent or restrict the User’s ability to copy the Platform content or impose limits on the use of the Platform or the Services; or
4.3.14. using the Platform or Services in contravention of the governing law.
4.4. Investigations and Lawsuits.
5. INTELLECTUAL PROPERTY
All trademarks (including words, expressions, and logos) used by Monark to distinguish their own products or services from the products of others, are the property of Monark. These trademarks cannot be used, copied, or imitated, whether in whole or in part, without Monark’s prior written permission.
All original works reproduced or published on the Platform or in the accompanying documentation are copyrighted. The copyright owner of each work reserves all the rights. You acknowledge that without the consent of the copyright owner it is considered infringement for anyone to do anything that under the governing laws only the owner may do.
5.3. Limited Purposes.
The user understands and agrees that they cannot make the Content or Services available to third parties. Any reproduction, translation, representation, or anything else contrary to this constitutes copyright infringement and may result in legal action. The User agrees not to bypass or otherwise infringe upon any of the Content’s technical protection measures. No other rights, whether express or implied, will be granted to the User or anyone else according to these terms.
5.4 Other Rights.
The Platform, or any portion thereof, may be protected by industrial designs or patents. Monark reserves all rights to the Platform that are not expressly granted. You agree not to use, copy, or distribute any Platform content other than what is permitted.
Monark is free to use, profit from, disclose, publish, keep secret, or otherwise make use of any comments, suggestions, or other ideas to improve or modify the Platform, Services, or any other product or service Monark offers (“Feedback”), without giving any compensation or attribution to the User or any person from whom such Feedback originated.
From time to time, Monark may provide the User with documentation online or in another tangible form describing the features, operations, and use of the Platform or Services (“Documentation”). The User understands and agrees that they may only reproduce and use the Documentation for what is needed to support their use of the Platform and Services.
6. ELECTRONIC COMMUNICATION
When you provide Monark with your contact information through the Platform, including your email address, you expressly consent to Monark retaining your contact information in their databases or using such information to contact you for (i) follow-ups on reports or (ii) any other purpose relating to the Services, Platform, or user safety.
7. CONFIDENTIAL INFORMATION
For the purposes of this Section 7, the term “Confidential Information” means any significant, non-public written or oral information related to the User or Monark, whether it is marked confidential or not.
7.2. Providing confidential information.
Both the User and Monark acknowledge that, while providing the Services and using the Platform, the User or Monark (the “Disclosing Party”) may provide confidential information to the other party (the “Receiving Party”). Both Monark and the User agree that the confidential information provided by the Disclosing Party will be kept confidential according to the provisions of these Terms.
7.3. Authorized disclosure.
Nevertheless, Confidential Information does not include information that, at the time of disclosure:
7.3.1. sont, ou deviennent par la suite, généralement accessibles au public et connus de celui-ci autrement que par suite de sa divulgation par un acte ou une omission, directement ou indirectement, de la Partie réceptrice;
7.3.2. is already known to or in possession of the Receiving Party, as established by documentary evidence, before being disclosed by or on behalf of the Disclosing Party;
7.3.3. sont, ou deviennent par la suite, disponibles pour la Partie réceptrice sur une base non confidentielle auprès d'une personne (autre que la Partie divulgatrice ou ses Représentants), à condition que la Partie réceptrice n’avait pas connaissance que, au moment de la divulgation, cette personne était interdite par une obligation légale, contractuelle ou fiduciaire de divulguer cette information; ou
7.3.4. was independently developed by the Receiving Party, as established by documentary evidence, without reference to the Confidential Information
Étant entendu que les exclusions qui précèdent ne s'appliquent pas aux Informations confidentielles qui sont des Renseignements personnels.
7.4. Limited Purposes.
La Partie réceptrice ne peut utiliser les Informations confidentielles qu’en relation avec les Services ou l’utilisation de la Plateforme.
La Partie réceptrice ne peut divulguer des Informations confidentielles à un tiers, sauf dans la mesure où cette divulgation :
7.5.2. a préalablement fait l’objet d’un consentement de la Partie divulgatrice par écrit signé; ou
7.5.3. is required by law or court.
The Receiving Party shall promptly and timely notify the Disclosing Party if they are required by law or court order to disclose any Confidential Information, or if they have knowledge of any unauthorized disclosure of Confidential Information.
8.1. External Sites.
The Platform may contain hyperlinks to external websites that may lead you off the Platform (“External Sites”). You acknowledge and agree that Monark is not responsible for the availability of such External Sites or the accuracy of the Content, products, or services available. Hyperlinks to External Sites do not imply any approval or endorsement by Monark of such External Sites. You agree to assume all risks arising from your use of any External Sites. By using the Platform, you expressly release Monark from any liability arising from your use of External Sites.
8.2. Content Provided by Third Parties.
Through the Platform, you may use and/or have access to Content provided by third parties. Monark cannot guarantee that such Content will be free of any material or information that you may find objectionable. Monark disclaims any liability related to your access to or use of Content provided by third parties.
9. ABSENCE OF GUARANTEES
To the fullest extent permitted by the governing law, Monark makes no guarantee, whether express or implied, including guarantees of non-infringement, accuracy, or absence of error. Monark may update the Platform without prior notice to Users. While Monark makes every effort ensure that the information presented in the Documentation or on the Platform is complete and accurate, Monark cannot guarantee that such information is free from all errors, omissions, or inaccuracies.
10. LIMITATION OF LIABILITY
10.1. Limitation of Liability.
You acknowledge and agree that you assume any risk related to your access to the Platform or your use of the Services, whether lawful or unlawful. To the fullest extent permitted by law, Monark their affiliates, directors, employees, agents, licensors, successors, and beneficiaries (the “Representatives”), can in no way be held liable for damages of any kind, including but not limited to the loss of profits, injury to reputation, or loss of data, whether based in contract, tort or otherwise, arising directly or indirectly from your use of or the performance of the Platform or Services. This includes any damage caused by or resulting from a User’s reliance on any information obtained through the Platform or Services or resulting from any error, omission, interruption, deletion of files or emails, defects, viruses, operation or transmission delays, or any performance failure.
10.2. No Liability for Third Parties.
To the fullest extent permitted by law, Monark and their Representatives disclaim all liability for the actions, omissions, or conduct of any third-party user of the Platform and shall in no way be held liable for any harm, loss, damage, or expense arising from the actions, omissions, or conduct of said user.
10.3. Exclusion of Damages.
In no way shall Monark and their Representatives be held liable to any User for any indirect, specific, incidental, or punitive damages arising from these Terms or the Platform, Services, and/or Content.
12.1. Termination by Monark.
Monark may terminate or suspend your access to or your use of the Platform or Services immediately for any reason without notice or liability, including the violation of this agreement.
12.2. Effect of Termination.
Upon termination of your right to use or to access the Platform, your right shall cease immediately.
12.3. Survival of Provisions.
The provisions of this agreement that, by their nature, should survive the termination of this agreement, will survive such termination, including provisions regarding intellectual property, absence of guarantees, limitation of liability, and indemnification. The termination of your access to and your use of the Services does not relieve you of any obligations you had prior to this termination and does not limit any liability you may have to Monark or any third party.
14.1. Entire Agreement.
14.2. Governing Law.
14.5. Invalidity or Unenforceability.
15. Contact Us
Monark welcomes your comments and questions, which can be sent to firstname.lastname@example.org.