Declaration of confidentiality and conditions of use

Terms of use

These Terms of Use apply to the websites owned and operated by the Barreau du Québec (hereinafter the “Barreau”), the Bar School and its legal clinic, as well as the Professional Liability Insurance Fund of the Barreau du Québec.

The Barreau owns and operates a website at www.barreau.qc.ca/en/ (the “Site”). All addresses the primary domain name of which is "barreau.qc.ca" as well as the following sites are considered part of the Site: www.assurance-barreau.com, www.ecoledubarreau.qc.ca and www.cliniquejuridiquebarreau.ca (hereinafter collectively the “Sites”).

The following Terms of Use, together with any additional documents and/or terms they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of the Sites.

Unless otherwise specified, the Sites are available to all users (hereinafter the “User(s)”). By using or browsing any of the Sites, you agree to abide by these Terms of Use.

The Barreau reserves the right to change the Terms of Use and to remove, modify or update any or all of the content of the Sites at its sole discretion and without notice.

Security and privacy

These Terms of Use should be read in conjunction with the Barreau’s Privacy Policy.

The Barreau recognizes the importance of privacy and the sensitivity of your personal information and takes reasonable and appropriate steps to protect it from accidental loss and unauthorized access, use, modification and disclosure.

However, the Barreau cannot guarantee the security of personal information transmitted via the Sites and is not responsible for circumvention of any privacy settings or security measures contained on the Sites. Users assume all risks associated with using the Sites, downloading documents or images from the Sites or using hyperlinks on the Sites.

Although the domain names are hosted on the Barreau’s web server, the following organizations are completely independent of the Barreau, and they alone are responsible for the contents of their sites: the Bar of Abitibi-Témiscamingue, the Bar of Arthabaska, the Bar of Bedford, the Bar of the Côte-Nord, the Bar of Laurentides-Lanaudière, the Bar of Longueuil, the Bar of Québec, the Bar of the Outaouais, the Bar of Richelieu, the Bar of Saguenay-Lac-Saint-Jean, the Bar of Saint-François and the Quebec Bar Foundation. Each of these organizations is responsible for managing the personal information collected by their respective sites and in the course of their respective activities. The Barreau is in no way responsible for the personal information collected by these organizations.

The Sites, including the portals available through them, may require registration. Your use of the Sites is conditional upon all information provided being correct, up to date and complete. By submitting your registration information or by using any interactive features available on the Sites, you consent to all actions taken by the Barreau with respect to the information so submitted in compliance with the Barreau’s Privacy Policy.

You are prohibited from attempting to circumvent and from violating the security of the Sites, including, without limitation: (a) accessing content and data not intended for you; (b) attempting to breach or breaching security and/or authentication measures that are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing the TCP/IP packet header; (e) disrupting network services and otherwise disrupting the Site owner’s ability to monitor the Sites; (f) using any robot or other automatic device, process or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites; (g) introducing any viruses or other material that is malicious or technologically harmful; (h) attacking the Sites via a denial-of-service attack or any other form of attack; and (i) otherwise attempting to interfere with the proper working of the Sites.

Cookies

The Barreau uses cookies on the Sites for four different purposes. Cookies are small text files saved on the User’s hard drive. Cookies are harmless and cannot contain any viruses.

• The site uses a cookie in order to avoid abusive use of the data found in the Barreau’s directory of lawyers. This file, which can only be read by the site’s software, makes it possible to identify the user’s computer and thereby impose a limited number of daily searches in the directory of lawyers. The presence of the cookie allows the site to monitor the identity of the user’s computer only when that application is used.
• In surveys the Barreau occasionally disseminates, cookies are used to avoid sending surveys a second time to Users who have already agreed or refused to participate. Cookies do not allow us to identify Users or associate Users with responses.
• The Barreau uses Google Analytics to analyze visits to the Sites. Google Analytics uses cookies to record certain user behaviours, including the number of visits to the Sites, the path taken and the duration of the visit. Cookies do not allow us to identify Users.

• In order to provide client services through online chat on the Sites, the Barreau uses Bell On Demand Contact Centre (ODCC) software. It uses a cookie that is necessary for it to function and collects personal information, so that the Barreau can contact individuals who wish to use the chat. This personal information is treated in accordance with the Barreau's Privacy Policy.

The data remains completely anonymous and is used only to improve the Sites based on the needs of Users.

IP addresses

In order to prevent misuse of the data in the Barreau’s directory of advocates, the Sites also use IP addresses to identify a User’s computers and thereby limit the number of daily searches in the Barreau’s directory of advocates. IP addresses allow the Sites to monitor the identity of a User’s computers only when the application is used.

Intellectual Property

You understand and agree that the Sites and their entire content, features and functionality are the exclusive property of the Barreau, its licensors or other providers of such material and are protected in all forms by all Quebec, Canadian and foreign intellectual property laws, including legislation relating to copyrights, trademarks, patents and other proprietary rights.

The Barreau’s name, the Barreau’s logo and all names, logos, product and service names, designs, images and slogans displayed on the Sites are trademarks of the Barreau or its affiliates or licensors. The use of any such trademarks, except as expressly authorized, is an infringement or violation of the owner’s rights and may be a violation of federal or other laws and could subject the infringer to legal action.

No one may sell or modify, for public or commercial purposes, the texts, opinions, notices, videos, images, training modules and information contained, expressed or made available on the Sites. Permission to reproduce content for distribution may, however, be requested in writing from the Barreau (write to infobarreau@barreau.qc.ca). Once approval has been obtained, Users must follow the Barreau’s instructions in this regard.

The texts, opinions, notices, videos, images, training modules and information contained, expressed or made available on the Sites may also be used for strictly personal and educational purposes, subject to the following conditions:

• your computer and browser may temporarily store or cache copies of material you have viewed;
• a reasonable number of copies for personal use only may be printed, with any proprietary notices thereon intact and visible, but such copies may be used only for personal, non-commercial and lawful purposes and not for reproduction, publication or distribution of any kind on any medium whatsoever;
• a single user copy may be downloaded with any proprietary notices intact for your personal, non-commercial use, provided you agree to be bound by our end user license agreement for such downloads.

Site monitoring, suspension and termination

The Barreau reserves the right, at its sole discretion and without notice, to:

• take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authorities, or to notify any injured party of any illegal or unauthorized use of the Sites or their contents;

• terminate or suspend access to all or part of the Sites for any reason, including, without limitation, any violation of these Terms of Use.

Geographic restrictions

The owner of the Sites is based in the province of Quebec, Canada. We provide access to the Sites for use only by persons located in Canada. The Sites are not intended for use in any jurisdiction where their use is not permitted. If you access the Sites from outside Canada, you do so at your own risk and are responsible for compliance with local laws in your jurisdiction.

Disclaimer

THE CONTENT OF THE SITES, INCLUDING CONTENT PROVIDED BY THIRD PARTIES, INCLUDING OTHER USERS OR THIRD-PARTY LICENSEES, THAT MAY BE FOUND ON THE SITES, AS WELL AS CONTENT ACCESSIBLE THROUGH HYPERLINKS IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS LEGAL OR PROFESSIONAL ADVICE.

THE TEXTS, OPINIONS, DATA AND INFORMATION DISSEMINATED OR MADE AVAILABLE ON THE SITES OR VIA HYPERLINKS ARE PROVIDED “AS IS” ON THE DATE OF THE LAST UPDATE AND ARE THE SOLE RESPONSIBILITY OF THEIR AUTHORS AND NOT OF THE BARREAU, WHERE APPLICABLE.

DESPITE ITS EFFORTS TO DEVELOP AND UPDATE THE SITES, THE BARREAU DOES NOT GIVE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY, RELIABILITY, PRECISION, COMPLETENESS OR VALIDITY OF THE TEXTS, OPINIONS, DATA AND INFORMATION DISSEMINATED OR MADE AVAILABLE ON THE SITES OR VIA HYPERLINKS. ERRORS CAN BE REPORTED TO THE SITE ADMINISTRATOR.

THE BARREAU DOES NOT GIVE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE CONTENT OF ANY ADVERTISEMENTS ON THE SITES OR ANY CONTENT PROVIDED BY THIRD PARTIES, INCLUDING OTHER USERS OR THIRD-PARTY LICENSEES, THAT MAY BE FOUND ON THE SITES OR ANY CONTENT ACCESSIBLE VIA HYPERLINKS.

THE BARREAU CANNOT REPRESENT OR WARRANT THAT USERS WILL HAVE UNINTERRUPTED ACCESS TO THE SITES AND WILL NOT BE LIABLE FOR ANY DAMAGE RESULTING DIRECTLY OR INDIRECTLY FROM THE USE, PERFORMANCE, FUNCTIONALITIES OR CONTENT OF THE SITES.

THE BARREAU CANNOT REPRESENT OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR ANY OF THE SITES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SITES AND YOUR COMPUTER, INTERNET AND DATA SECURITY.

Limitation of liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR GROSS NEGLIGENCE AND/OR INTENTIONAL FAULT, THE BARREAU, ITS DIRECTORS, AFFILIATES, AGENTS, LICENSORS, EMPLOYEES, SUPPLIERS OR INTERNET SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGE WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM THE USE, PERFORMANCE, FUNCTIONALITIES OR CONTENT OF THE SITES.

THE BARREAU WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A SERVICE INTERRUPTION, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL OWING TO YOUR USE OF THE SITES OR ANY SERVICES OR MATERIALS FOUND ON OR OBTAINED THROUGH THE SITES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SITES OR ANY WEBSITES LINKED TO THE SITES.

Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Barreau and its directors, affiliates, agents, licensors, employees, suppliers or internet service providers from and against any and all claims, liabilities, damages, judgments, losses, costs, expenses or fees (including reasonable legal fees) arising out of or in connection with your breach of these Terms of Use or your use of the Sites.

Governing law and jurisdiction

The Sites and these Terms of Use are governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein. Any dispute arising out of the use of the Sites or the interpretation or application of the Terms of Use will be subject to the exclusive jurisdiction of the courts of the Province of Quebec and/or the Federal Court of Canada in the judicial district of the Barreau’s head office, namely Montréal.

Contact

The Sites are operated by the Barreau du Québec.

Any breach of these Terms of Use or misuse of the Sites, including libelous or defamatory conduct, must be reported to webmestre@barreau.qc.ca.

All other comments, requests for technical assistance or communication concerning any of the Sites may be addressed to infobarreau@barreau.qc.ca.