Last update: June 2023
Terms Of Use
Cominar Real Estate Investment Trust (“Cominar REIT”) would like to welcome you to this website duolaval.com (“the Site”) and invites you to read the following terms and conditions of use (“Terms of use”).
Please note that by accessing the Site, you agree to be bound by the Terms of Use without any restriction or condition.
IF YOU DO NOT AGREE WITH THE FOLLOWING TERMS OF USE, DO NOT ACCESS THE SITE.
The Terms of Use are subject to change without prior or further notice. Therefore, we suggest that you visit this page on a regular basis to be aware of any changes made. If you continue using the Site means that you accept those changes as is.
Please note that failing to comply with the Terms of Use will result, at the discretion of Cominar REIT and without prior notice, in temporary or even permanent suspension of the contravener’s access to the Site. Cominar REIT also reserves the right to take any action under the law.
The Site is only made for use by someone in Canada and should not be used outside of the country. If you using the Site from outside of Canada, you are using it at your own risks and are responsible to comply with the applicable laws.
Ownership of Content
The Site and its content are the exclusive property of Cominar REIT. All rights, titles, interests and licences related to the Site and its use belong to Cominar REIT. Cominar as well as its logo are registered trademarks.
Everything on the Site, including but not limited to the content, design, text, music and graphics, if any, is protected by copyright, industrial and commercial property laws, as well as any other law relating to intellectual property.
The text, data, graphics, images, videos, music, brands, trade names, software and any other content on the Site may not be used for commercial or philanthropic purposes without the express written authorization of Cominar REIT.
You may not modify, copy, reproduce, publish, display, transmit, license, distribute, provide, perform, do work or create derivative works from the content, transfer or sell content or sell information or services obtained from the Site without the express written authorization of Cominar REIT. Unauthorized use of any element contained on the Site is strictly prohibited.
Any contribution by a user to the Site’s material, content, information (“Contribution”) is the sole property of Cominar REIT.
As a user, you may access the Site and its content for private purposes only and not for commercial purposes.
Content Accuracy
The purpose of the Site is to inform users and promote the brands of Cominar REIT and its business partners.
Although special attention is paid to the content posted on the Site, Cominar REIT does not guarantee its accuracy or completeness. Cominar REIT takes no responsibility for any damage or loss, direct or indirect, resulting from any inaccurate information posted on the Site or from any information that is not posted.
Cominar REIT reserves the right to correct, modify, complete and update the content of the Site at any times, without prior or further notice.
The Site may redirect users to other sites that are not administered by Cominar REIT. Cominar REIT has no control over these sites and takes no responsibility for their content. The links leading to these sites are provided for information purposes only. The Owner disclaims all responsibility for the content of these sites and dissociates itself from any of the opinions contained therein. Cominar REIT highly encourages users to acknowledge the Terms of use as well as the Privacy policy of these websites.
User Behaviour
By accessing the Site, you agree to comply with all applicable laws and regulations in the Province of Quebec.
As a user, you agree not to link the Site or other users of the Site to any malicious software and not to modify in any way the configuration or content of the Site using unauthorized access. You also agree not to adversely affect access to the Site, as well as the networks and servers connected thereto. The Site must not be used as an intermediate to access, or attempt to access, without prior authorization, other computer systems, or to transmit, in any way, illegal or harmful material. Any form of cybercrime will be reported to competent authorities.
In addition, as a user of the Site, and when the latter allows the sharing of information, you agree to use the Site for appropriate ends and understand that Cominar REIT could suspend your access to the Site, in whole or in part, at any moment and without prior notice, if it determines that your use of the Site does not follow the present Terms of use. Without limiting the generality of the foregoing, you are not authorized to:
- Use expressions (including words), images or videos that are deemed to be illegal, obscene, violent, racist, sexist, homophobic, transphobic, or otherwise inappropriate in the context of a website intended for a general audience;
- Use language or share images or videos that are deemed to be defamatory;
- Invade the privacy of a person, in any way;
- Use intimidating or threatening language directed at one or more persons;
- Use language or share information, images or videos on behalf of Cominar REIT.
Any material that violates the rights of any third party will be removed by Cominar REIT. In this regard, any user may send a request for removal to our contact person whose details appear in the "Contact" section of the Terms of Use.
Any user of the Site is responsible for protecting his or her login and password, if applicable, and agrees not to use another person’s identity or create false identities. The information you provide about yourself through the Site must be truthful. If you suspect that your user identification and/or password have been compromised, we ask that you change your password immediately.
When you have a virtual account, you acknowledge that any activity carried out using this account will be attributed to you. Any fraudulent use of an account must be reported immediately to Cominar REIT.
Cominar REIT takes no responsibility for any damage or loss arising from any act or omission by the users of the Site.
Access to Minors
Participation in our online activities is restricted to those who are at least fourteen (14) years old. It is the responsibility of parents and guardians to prevent their children from participating in the activities of the Site if they have not yet reached the age of fourteen (14).
Liability and Compensation
Any use of the Site contrary to the Terms of Use constitutes misconduct.
Any user accessing the Site acknowledges that the non-compliance with the Terms of Use causes a material prejudice to Cominar REIT, although it is difficult to quantify. Also, any user of the Site acknowledges that any damage to the image, reputation and integrity of Cominar REIT constitutes material prejudice.
Cominar REIT reserves the right to claim the amount of any losses, costs incurred, fines, penalties, damages, claims, professional fees and any other amount resulting from the non-compliance with the Terms of Use. By using the Site, you agree to indemnify and exonerate Cominar REIT, as well as its trustees, officers, unitholders, employees and agents against all costs, losses, damages, claims, fines, penalties and liabilities resulting from your use of the Site or from your violation of the Terms of use, including but without limiting the generality of the foregoing, your connection to it, its use or any Contribution you could make.
Any act or omission carried out through or on the Site is governed by the applicable laws of the Province of Quebec and the applicable laws in Canada, notwithstanding anything to the contrary. Any legal claim arising from non-compliance with the Terms of Use or otherwise related to this Site will be subject to the jurisdiction of the courts of Quebec.
Acknowledgement
Users and internet users acknowledge and agree that there is no recourse, and no recourse will be undertaken against the trustees, unitholders or any participant under a plan of which a unitholder acts as a trustee or holder, or any such person’s assets. Without limiting the generality of the foregoing, each unitholder and each participant under a plan of which the unitholder acts as the trustee or holder shall be entitled to the benefits of the second sentence in Section 1322 of the Code civil du Québec.
Indivisibility
This notice should not be considered solely as an indivisible whole. If a court of competent jurisdiction finds that any of the clauses of this contract is void, illegal or unenforceable in any respect, all the other clauses of this contract shall remain in force as long as the economic substance and the legal value of the transactions provided for thereby remain consistent with the original intention of the parties as of the date of this contract.
Personal Information
If Cominar REIT collects your personal information, they will be used in conformity with our Privacy policy available here: https://duolaval.com/en/policies
Contact
Please contact us at the following address for any requests regarding the Terms of Use:
Legal Department
Cominar Real Estate Investment Trust
2820, boulevard Laurier
Bureau 850
Québec (Québec) G1V 0C1
Fax: 418 681-2946
legal@cominar.com
