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

1. General

This website available at https://www.ithq.qc.ca/en/ (the “website”) is operated 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 website and to view the information that is contained therein. By visiting the website, 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.

BY VISITING THIS WEBSITE, 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 this website 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 website (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 website may belong to third parties and may be published by ITHQ under a licence.

4. Restrictions on Use of 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 website and the Content, the whole solely for informational purposes.

ITHQ hereby authorizes you to copy Content published on its website 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 website 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 website. 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 website, and ITHQ reserves complete title and full intellectual property rights in and to such Content.

5. Purpose of the website and Limitation on Warranty

The primary goal of this website is to provide information on the ITHQ and its programs, products, and services. The information contained on the website 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 website is accurate and up to date, it is possible that, at any given time, this information be incomplete, contain errors, or be out of date or inaccurate.

Changes may be periodically made to the website Content; these changes will be incorporated in new editions of the website. For example, ITHQ may make improvements and/or changes to the programs, products, and services that are described on the website 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, THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS 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 WEBSITE AND/OR THE CONTENT, AS WELL AS ANY DAMAGE OR PROBLEM, WHATEVER ITS NATURE OR ORIGIN, THAT MAY ARISE IN THE USE OF THIS WEBSITE AND/OR 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 THIS WEBSITE OR THE CONTENT; (H) ANY OTHER WEBSITE ACCESSED TO OR FROM THIS WEBSITE; 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 this website, including, without limitation, intellectual property infringement claims.

8. Hyperlinks and References

The website contains 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 this website and your access to Third Party Sites through links provided on the website 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 website in accordance with applicable laws and its Privacy Policy available on the website.

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 this website. You are responsible for periodically reviewing the website for any amendments to the agreement. Access to the website or use of this website 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 website contains trademarks that are the property of ITHQ or third parties. Trademarks that are owned by third parties are used on the website pursuant to a licence which only extends to the ITHQ and not to you. You receive no licence to use the trademarks featured on the website 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 this website, constitute the entire agreement between you and ITHQ with respect to the use of this website and the 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 Website, 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 website. ITHQ reserves the right to prevent or limit your access to this website 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, this website and the Content (excluding Third Party Sites and their content) are physically located within the Province of Quebec, Canada. This agreement and your use of the website will be governed by the laws of the Province of Quebec 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 this website is subject to the exclusive jurisdiction of the courts in the Province of Quebec, district of Montreal.