EULA and Privacy Notice for EPQ
INTERAC SIGN-IN SERVICE END USER AGREEMENT
PLEASE CAREFULLY READ THE FOLLOWING AGREEMENT BEFORE AGREEING TO USE THIS INTERAC SIGN-IN SERVICE (THE “SERVICE”). THE SERVICE ALLOWS YOU TO AUTHENTICATE YOUR CREDENTIALS (AS DEFINED BELOW) FOR USE AT THE WEBSITE OPERATED BY ÉPARGNE PLACEMENTS QUÉBEC (“EPQ”). THIS AGREEMENT IS BETWEEN YOU 2859824 ONTARIO LIMITED, A SUBSIDIARY OF INTERAC CORP., WHO IS THE OPERATOR OF THE SERVICE, AND APPLIES TO YOUR USE OF THE SERVICE. BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT USE THE SERVICE.
- “Agreement” means this Interac sign-in service End User Agreement, as may be amended by Interac from time to time upon notice to you in accordance with section 11 hereof.
- “Credential Service Provider” means the financial institution, or other service provider, that provides to you the Credentials you use to access the Service.
- “Credentials” means the authentication credentials, such as username, password, and/or card number or other information, of your Credential Service Provider that you use in connection with the Service.
- means the website operated by or on behalf of EPQ with which the Service may be used.
- “Interac”, “us”, “we” or “our” means 2859824 Ontario Limited, a subsidiary of Interac Corp.
- “Interac System” means the Interac online authentication system used to operate the Service. The Interac System does not include the Third Party Offerings.
- “Modification” has the meaning given to it in section 4 hereof.
- “Personal Information” means all information about you, including without limitation, information such as your name, your email address, your home phone number, or your mailing address or any other information that can be used to identify you.
- “Released Parties” means Interac, EPQ , the financial institutions and other Credential Service Providers with which you use the Service, and, as applicable, their respective parent companies, affiliates, subsidiaries, divisions, suppliers and service providers, and all of their respective directors, officers, employees and agents.
- “Service” has the meaning provided in the initial paragraph above. For clarity, the Service consists solely of the service of facilitating the use of your Credentials to provide access to the EPQ Website, including the authentication of your Credentials for this purpose by your Credential Service Provider, and does not include any other services, whether provided by us, by EPQ , by the Credential Service Provider or by other Third Party Offerings. In particular, the Service does not include any services provided to you by the EPQ Website to which you access using the Service, or any other service, including financial or banking services provided to you by your Credential Service Provider.
- “Third Party Offerings” has the meaning given to it in section 6 hereof.
- “You” or “Your” means the person who wishes to use the Service and has Credentials with a Credential Service Provider.
1. The Service
The Service is provided by Interac. The Service allows you to authenticate your credentials at the EPQ Website by using your Credentials. For the purposes of this Agreement, unless explicitly stated otherwise, any new features or services that augment or enhance the Service in the future shall be considered part of the Service and subject to this Agreement.
2. Your Responsibility for use of Your Credentials
You are responsible for any use of the Service made with your Credentials. You should safeguard your Credentials and should not allow any other person to use them. If you suspect unauthorized access to your Credentials, you should immediately notify your Credential Service Provider. This Section shall survive the termination or expiration of this Agreement for any reason.
3. Personal Information
4. Modification of Service or Termination of Service or this Agreement by Us
We reserve the right at any time to interrupt, restrict, modify or discontinue, temporarily or permanently, the Service, add or subtract Service features or limit usage of the Service (or any part thereof) (collectively, a “Modification”) with or without notice to you, provided that if we permanently cease providing the Service we will post a notice on this website to that effect. Your continued use of the Service after any Modification will mean that you agree to such Modification and its applicability to you.
We reserve the right to terminate your participation in the Service at any time. We may terminate this Agreement at any time for any reason with reasonable notice or immediately for a serious reason. Your rights under this Agreement will terminate immediately without notice from us: (i) if you fail to comply with any term(s) of this Agreement; or (ii) if we terminate this Agreement. Upon the termination of this Agreement, you agree to immediately cease using the Service.
You agree that the Released Parties will not be liable to you for any Modification or termination of any part or all of the Service or your participation in the Service.
If you are a consumer within the meaning of the Consumer Protection Act (CQLR, c. P-40.1), we will send you prior notice of 30 days of the modification of or termination of your participation in the Service. You may refuse the modification by notifying us within 30 days after such modification comes into force.
5. Intellectual Property Ownership, Reservation of Rights
The Service and the Interac System are the intellectual property of Interac and its suppliers, and are protected by law, including, without limitation, the copyright laws of Canada, the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Service or the Interac System. All rights therein not expressly granted are reserved by Interac and its suppliers. This Section shall survive the termination or expiration of this Agreement for any reason.
6. Third Party Offerings
The Service is designed to interoperate with various online services, websites and applications (“Third Party Offerings”). These Third Party Offerings include, but are not limited to, Government Websites and websites operated by your Credential Service Provider. Your access to and use of any Third Party Offering, including your access to or purchase of any products, services or information, are governed by the provider’s terms and conditions respecting such offerings. This Agreement does not amend or modify any such terms and conditions. You are solely responsible for fulfilling any financial commitments you make to such providers. Third Party Offerings are not provided by Interac and Interac does not endorse or make any representations, warranties or guarantees of any kind with respect to Third Party Offerings, and is not liable to you in any way with respect to Third Party Offerings.
7. No Warranties
THE RELEASED PARTIES SPECIFICALLY DISCLAIM ANY RESPONSIBILITY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE. YOU AGREE THAT YOUR USE OF AND ACCESS TO THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. THE RELEASED PARTIES MAKE NO REPRESENTATION OR CONDITION AND DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SERVICE EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION. THE RELEASED PARTIES MAKE NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, CUSTOM, USAGE OR OTHERWISE) AS TO THE SERVICE INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
8. Limitation of Liability
IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE INTERAC SYSTEM OR SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL OR REPUTATION, LOSS OF USE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE) OR ANY CLAIM BY ANY THIRD PARTY. THE RELEASED PARTIES SHALL NOT BE LIABLE IF THE SERVICE CANNOT BE PROVIDED (OR ANY PART THEREOF) OR FOR ANY FAILURE TO PERFORM ANY OBLIGATIONS CONTAINED IN THIS AGREEMENT DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY EQUIPMENT OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND THEIR CONTROL.
IN ADDITION, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, ALTHOUGH WE WILL TAKE REASONABLE PRECAUTIONS TO PROTECT THE SERVICE AND AVOID DELETION, CORRUPTION OR UNAUTHORIZED MODIFICATION OR ACCESS OF OR TO THE SERVICE, AND TO PROVIDE THE SERVICE ERROR-FREE OR UNINTERRUPTED, NO REPRESENTATION OR WARRANTY OR CONDITION OF FITNESS OR MERCHANTABILITY SHALL BE CONSTRUED UNDER THIS AGREEMENT. THE RELEASED PARTIES SPECIFICALLY DISCLAIM ALL LIABILITY WHATSOEVER WITH RESPECT TO ANY FAILURE TO PROTECT THE SERVICE OR PROVIDE THE SERVICE ERROR-FREE OR UNINTERRUPTED. THE PROVISIONS OF SECTIONS 7 AND 8 OF THIS AGREEMENT SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT, FOR ANY REASON.
THIS LIMITATIONS OF LIABILITY IN THE FIRST AND SECOND PARAGRAPHS ABOVE DO NOT APPLY TO MATERIAL INJURY CAUSED THROUGH INTENTIONAL OR GROSS FAULT.
IN ADDITION, THIS LIMITATION OF LIABILITY DOES NOT APPLY TO YOU IF YOU ARE A CONSUMER UNDER QUEBEC’S CONSUMER PROTECTION ACT.
You agree to indemnify and hold harmless the Released Parties from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Service or any use of your Credentials with the Service by any other person, in violation of Section 2 of this Agreement and/or arising from a breach of Section 2 of this Agreement and/or any breach of your representations and warranties set forth herein. This Section shall survive the termination or expiration of this Agreement for any reason.
You may not assign this Agreement.
11. Entire Agreement
This Agreement represents the entire agreement between you and us concerning the Service for accessing the EPQ Website (you and we may enter into other agreements for credential brokering services for other purposes). You may not amend this Agreement. We may amend this Agreement on notice to you. This Agreement is in addition to any agreement between you and the Credential Service Provider. If any part of this Agreement is found invalid, the balance of the Agreement remains enforceable.
12. Governing Law and Jurisdiction
This Agreement is governed by and subject to the laws of the Province of Québec, and the federal laws applicable therein, and any dispute under or in relation to this Agreement shall be subject to the exclusive jurisdiction of the courts of the Province of Québec.
13. Additional Provisions
The Service is void where prohibited by law. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. The failure to enforce any term of this Agreement on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only.
14. Contact Information
If you have any questions about this Agreement including the Service, please visit www.interac.ca.
The Interac sign-in service (the “Interac Service”) is a service designed to allow the end user to authenticate themselves on the EPQ Website (the “Relying Party”), using credentials they have been provided by their financial institution or other supplier (a “Sign-In Partner”). The Interac Service is managed by 2859824 Ontario Limited (“Interac”, “us”, or “we”), a subsidiary of Interac Corp.
Interac is committed to respecting and valuing your privacy and security. The information below in this Privacy Notice constitutes a summary of the privacy practices that apply to your use of the Interac Service. By using the Interac Service, you agree and consent to our use of information in accordance with this Privacy Notice.
If you do not wish to use the Interac Service, the Relying Party’s online services do allow you to use alternative government credentials, as well as provide options to access such services. For further details, contact the Relying Party.
The End User Information We Collect
In addition to the anonymous identifiers, the following information relating to end users is generated and used in the operation of the Interac Service (“End User Information”):
- An anonymous session identifier (contained in a session cookie);
- The end user’s language preference (contained in a session cookie);
- The end user’s Internet Protocol (IP) address.
Details as to how we use this information are listed below.
How We Use End User Information
We use your End User information to provide you with the Interac Service. This includes providing this information to the Sign-In Partners and the Relying Party to the extent required to provide you with the service.
The Interac Service uses session cookies. Session cookies are only active for the duration of the session, and contain a session identifier, but no personally identifiable information. The session cookie will be automatically deleted by your browser when the cookie expires. If you want to use the Interac Service, your browser must accept cookies.
The Interac Service monitors network traffic to identify unauthorized authentication requests or otherwise protect the Interac Service from damage (for example from virus attacks). This includes identifying the IP address of the computer that has contacted our web sites, the date and time of the visit and information about the request made. Interac will not use this Information for marketing purposes.
Our Disclosure of End User Information
We only disclose End User Information to Sign-In Partners and Relying Party, and only in connection with the ordinary operation of the Interac Service. In addition, if we cease to act as the manager of the Interac Service, the Relying Party has the right to receive from us or to cause us to deliver to a replacement service manager the End User Information of their end users, so that end users can continue to receive services.
We may disclose End User Information as permitted under the Act respecting the protection of personal information in the private sector (RSQ, c. P-39.1).
Finally, if we sell our business or the part thereof that operates the Interac Service, we will transfer to the purchaser our copy of the End User Information, so that the purchaser can continue to operate the service.
If you require clarification about this statement, please contact our Privacy Office by email at email@example.com, by phone at 416-362-8550, or in writing to Interac Privacy Office, 200 Bay Street, Suite 2400, P.O. Box 45, Toronto, ON M5J 2J1.
For more information on privacy issues in general, please consult the Website of the Commission d’accès à l’information at http://www.cai.gouv.qc.ca/, or call 418 528-7741 or 514 873-4196.
Interac and the Interac logo are trademarks of Interac Corp.