The Charter of the French language and its regulations govern the consultation of English-language content.

1. General

These Terms of Use apply to the accessible websites (including subdomains and microsites) made available at the following links (collectively the “Websites”): 

The Websites are managed by the Institut de tourisme et d’hôtellerie du Québec (“ITHQ”). 

This document constitutes an agreement between you and ITHQ that sets out the terms and conditions by which ITHQ allows you to visit the Websites and to view the information that is contained therein. By visiting the Websites, you accept the terms set forth in this agreement. Please read this document carefully and in its entirety. If for whatever reason you are not in agreement with the terms contained in this agreement, please end your visit to the Website(s).  

BY VISITING THESE WEBSITES, YOU AGREE TO BE BOUND BY THE PROVISIONS OF THIS AGREEMENT WITHOUT LIMITATIONS OR RESERVATIONS. 

2. Compliance with this agreement and Applicable Laws 

Your use of these Websites shall comply with this agreement and any applicable laws, most notably but without limiting the generality of the foregoing, those laws pertaining to copyrights and trademarks. 

3. Intellectual Property 

You acknowledge that any and all information, content, documents, images, trademarks, trade names, products, reports, data, graphics, interfaces, web pages, text, files, software, product names, company names, logos, and any other element incorporated into or published on the Websites (collectively, the “Content”), including the manner in which the Content is presented or appears and all information relating thereto, are the property of ITHQ (or its licensors, as the case may be). Content published by ITHQ on the Websites may belong to third parties and may be published by ITHQ under a licence or any other agreement. 

4. Website Content and Restrictions on Use

 4.1 ITHQ Content

Subject to your compliance with the terms and conditions of this agreement, ITHQ grants you a non-exclusive, personal, non-assignable, and non-sub licensable, licence to access (remotely via an Internet connection provided by you) the Websites and the Content, the whole solely for informational purposes.  

ITHQ hereby authorizes you to copy Content published on its Websites solely for your personal use only or for internal use within your organization. This authorization does not grant you the right to distribute the content to third parties. In consideration of this authorization, you agree that any copy of this Content which you make shall retain all copyright and other proprietary notices contained herein. 

Except as specifically provided above, no Content from the Websites may be copied, reproduced, republished, uploaded, posted, transmitted, downloaded, or distributed by you in any way without the prior written consent of ITHQ.  

Except as expressly provided herein or in the case where ITHQ has specifically granted written permission to use the Content, no licence or right, express or implied, is granted to any person or user of the Websites. More specifically, no right, title, or interest in the Content, including without limitation any logos or other marks of ITHQ, is transferred to you as a result of your use of the Websites, and ITHQ reserves complete title and full intellectual property rights in and to such Content. 

4.2 User Content

For the purposes of these terms of use, “User Content” means any material, data, work or information (excluding personal information) submitted or published by a user on the Websites.

You acknowledge that any User Content you may contribute through the Websites consists primarily of data or ideas that are not protected under Canadian and international intellectual property laws. Thus, you acknowledge that the ITHQ may use your User Content without having to seek your authorization or pay you compensation.

You assume full responsibility for the User Content that you contribute to the Websites and you warrant that you have all the rights in the User Content required to grant the rights described in this section. If you do not agree to the terms of this section, you must refrain from contributing User Content to the Websites.

4.2.1 ITHQ Website and uxpertise by ITHQ Website

If you submit User Content using any feature of the ITHQ Website ou uxpertise by ITHQ Website, you acknowledge that your User Content may be published and publicly accessible, including to other users of these two websites. You accept and allow the ITHQ and other users of these two websites to use this User Content at their discretion.

Insofar as your User Content benefits from protection recognized by law, you hereby grant the ITHQ an irrevocable, worldwide, non-exclusive, transferable, perpetual and free license with respect to your User Content, which entitles the ITHQ to perform, communicate, reproduce, distribute, publish, display, host, modify, translate, copy, sublicense or otherwise use and exploit your User Content and to exercise any other exclusive right associated with such User Content, on any type of medium and in any media, without further authorization, notification and/or financial compensation.

4.2.2 Tracéco Website

User Content that is imported, saved or otherwise deposited in your user account on the Tracéco Website will be kept confidential. However, you grant ITHQ permission to use it for the following purposes or any other related purposes:

  • In the event that your organization has entered into an agreement with the Centre d’expertise de l’ITHQ to benefit from its support in local food sourcing services, to allow the staff members who support you the access to the information they need to carry out their responsibilities properly;
  • Produce statistics and performance indicators from aggregated and anonymized purchasing data;
  • Aggregate, compare, benchmark or otherwise use the User Content, which will then have been dissociated from your organization’s specific details, with that of other Tracéco Website users for the purpose of conducting and generating analyses and reports;
  • Sell or license the results of the abovementioned analyses and reports to third parties.

You will have no rights to the analyses and reports referred to above or to any other product resulting from the work carried out by the ITHQ with the User Content submitted by you or other users of the Tracéco website. ITHQ reserves all rights thereto.

5. Purpose of the Websites and Limitation on Warranty 

The primary goal of these Websites is to provide information to their users on the ITHQ and its programs, products, and services. The information contained on the Websites is provided for information purposes only and should only be used with this goal in mind.  

While ITHQ shall make all reasonable efforts to ensure that the information on the Websites is accurate and up to date, it is possible that, at any given time, this information will be incomplete, contain errors, or be out of date or inaccurate. 

Changes may be periodically made to the Websites Content; these changes will be incorporated in new editions of the Websites. For example, ITHQ may make improvements and/or changes to the programs, products, and services that are described on the Websites at any time without notice and the Content will be updated accordingly. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THESE WEBSITES AND THEIR CONTENT ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE GENERAL QUALITY, THE UNINTERRUPTED OR ERROR-FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, LEGALITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES BASED ON PREVIOUS CONDUCT OR ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. 

6. Limitation of Liability

ITHQ DISCLAIMS ALL LIABILITY PERTAINING TO THE USE OF THE WEBSITES AND/OR   CONTENT, AS WELL AS ANY DAMAGE OR PROBLEM, WHATEVER ITS NATURE OR ORIGIN, THAT MAY ARISE IN THE USE OF THESE WEBSITES AND/OR THEIR CONTENT OR FOLLOWING THE USE THEREOF. 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IT IS UNDERSTOOD THAT ITHQ WILL NOT BE LIABLE FOR: 

I. ANY INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY ECONOMIC LOSS INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING LOSS OF PROFITS, LOSS OF BENEFITS, LOSS OF SAVINGS, LOSS OF OPPORTUNITY, LOSS OF DATA OR COST OF DATA RECOVERY, HOWSOEVER CAUSED, EVEN IF THERE WAS A NOTICE OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS OR EVEN IF SUCH DAMAGES OR CLAIMS WERE REASONABLY FORESEEABLE; OR 

II. DAMAGES OR LOSSES RESULTING FROM: (A) VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; (B) TELECOMMUNICATIONS SERVICE PROVIDERS; (C) THE INTERNET BACKBONE; (D) THIRD-PARTY CONTENT, PRODUCTS, OR SERVICES; (E) DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR EMPLOYEES, AGENTS OR SUBCONTRACTORS; (F) LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS, AND STORED DATA; (G) THE USE OR INABILITY TO USE THESE WEBSITES OR THEIR CONTENT; (H) ANY OTHER WEBSITES ACCESSED TO OR FROM THESE WEBSITES; OR (I) EVENTS BEYOND THE REASONABLE CONTROL OF ITHQ, EVEN IF THERE WAS A NOTICE OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS OR EVEN IF SUCH DAMAGES OR CLAIMS WERE REASONABLY FORESEEABLE. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE WILL ITHQ’S TOTAL CUMULATIVE AGGREGATE LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, EXTRACONTRACTUAL LIABILITY, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN ONE HUNDRED CANADIAN DOLLARS (CAD $100). 

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. 

7. Indemnity

You agree at all times to indemnify, defend, and hold harmless ITHQ against all actions, proceedings, costs, claims, damages, demands, liabilities, and expenses whatsoever (including legal and other fees and disbursements) related to or resulting from, directly or indirectly: 

i. any information or Content which you send to ITHQ by e-mail or by any other means of correspondence; or 

ii. subject to Section 6, your use or misuse of the Content or these Websites, including, without limitation, intellectual property infringement claims. 

8. Hyperlinks and References

The Websites contain links that allow you to access websites operated by third parties and containing information on the said parties (“Third Party Sites”). These links have been provided solely as a convenience for users of these Websites and your access to Third Party Sites through links provided on the Websites is at your own risk. ITHQ makes no representation and offers no warranty as to these Third Party Sites, the state of the said Third Party Sites or the information contained on or distributed by such Third Party Sites. ITHQ assumes no liability or responsibility concerning any damages that may arise from the use of links to Third Party Sites or information contained on or distributed by any Third Party Sites. 

9. Privacy

ITHQ collects and uses personal information in connection with the Websites in accordance with applicable laws and its Privacy Policy available on the Websites.

10. Changes Without Prior Notice 

ITHQ reserves the right to amend this agreement at any time, and in its sole discretion, by posting the amendments on these Websites. You are responsible for periodically reviewing the Websites for any amendments to the agreement. Access to the Websites or use of these Websites after any amendments have been posted shall be construed as your acknowledgement and acceptance of the amended agreement. 

In the event of litigation involving this agreement, the version of this agreement in effect at the time the disputed actions take place shall govern the dispute.  

11. Trademarks

The Websites contain trademarks that are the property of ITHQ or third parties. Trademarks that are owned by third parties are used on the Websites pursuant to a licence which extends only to the ITHQ and not to you. You receive no licence to use the trademarks featured on the Websites and any such use must be pre-approved in writing by ITHQ. 

12. Entire Agreement

This agreement, as it may be amended from time to time in accordance with Section 10, and any and all other legal notices and policies published on these Websites, constitute the entire agreement between you and ITHQ with respect to the use of these Websites and their Content.   

Notwithstanding the foregoing, certain Content may be subject to different terms which will be disclosed to you at the time of accessing such Content. If terms different from those contained herein are disclosed to you in relation to specific Content, those terms will apply to such Content and take precedence over this agreement. For clarity, the terms of any software license agreement, which are available for download on the Websites, will take precedence over the terms included in this agreement. 

13. Severability

Any provision of this agreement that is deemed unlawful, void, or for any reason unenforceable shall be deemed to be ineffective to the extent of such illegality, invalidity, or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this agreement or affecting the legality, validity, or enforceability of such provision. 

14. Limitation of Access, Term, and Termination

This agreement is effective for the duration of your use of the Websites. ITHQ reserves the right to prevent or limit your access to these Websites at its sole discretion. The intellectual property, restrictions on use of Content, limitation on warranty, limitation on liability, and indemnity provisions contained herein shall survive the termination or expiration of this agreement. 

15. Applicable Laws and Jurisdiction 

ITHQ, these Websites and their content (excluding third party sites and their content) are physically located within the Province of Quebec, Canada. This agreement and your use of the Websites will be governed by the laws of the Province of Québec and the federal laws of Canada applicable therein and shall be treated in all respects as a contract entered into and executed in the Province of Quebec, without reference to conflict of laws principles.  

Any dispute that may arise from your use of these Websites is subject to the exclusive jurisdiction of the courts in the Province of Québec, district of Montréal.