Terms of Use and Social Media Policy
Welcome to the Courtika website! These terms of use (hereinafter the “Terms of Use”) govern your access to and use of this website, the Courtika blog, the Courtika newsletter, mobile applications or any other service developed or that may be developed by Courtika (hereinafter the “Web Platforms”) as well as Courtika’s use of social media, which is further specified in the Social Media Use Policy.
The Web Platforms contain or may contain content published by Courtika such as opinions, information, comments, promotional or informational articles, images, photos, data, reports, graphics, files and any other element that may be added by Courtika (hereinafter “Courtika Content”), as well as content added by you or other users, such as opinions, information, comments, questions, images, photos, data, reports, graphics, files and any other element that may be uploaded or made accessible or shared on the Web Platforms by you or other users (hereinafter, “User Content”).
BY ACCESSING OR USING THE WEB PLATFORMS, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND COURTIKA’S SOCIAL MEDIA USE POLICY, WHICH MAY BE MODIFIED AT ANY TIME WITHOUT NOTICE. PLEASE READ THESE TERMS OF USE CAREFULLY AND CONTACT US IF YOU HAVE ANY QUESTIONS. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DO NOT USE OR ACCESS THE WEB PLATFORMS.
1. ABOUT COURTIKA
Courtika is a property and casualty insurance and financial services firm whose activities are regulated by the Autorité des marchés financiers and align with the mission of the Chambre de l’assurance de dommages. Courtika provides all its users with Web Platforms whose purpose is to inform the Quebec public about general concepts of property and casualty insurance and financial services. Courtika focuses on public knowledge and awareness of insurable risks and seeks, through the provision of such information, to preserve your assets and those of your loved ones. Courtika offers its services in the province of Quebec, Canada, and makes no representation or offer to persons residing outside the province of Quebec. As specified in section 3 hereof, Courtika Content is general and may not be applicable in all situations. Consulting your broker and/or your insurer remains the only means at your disposal to obtain advice tailored to your situation.
2. ONLINE QUOTE: A DISCLOSURE OBLIGATION BY THE USER
No offer of insurance or financial services is made to you by Courtika through the Web Platforms. However, the Web Platforms may allow you to submit an online quote request using the form provided for this purpose. When you complete such a request, you agree to answer all questions honestly, disclosing all information you deem relevant for your quote request to be valid and for Courtika to have all the information needed to process your request. You understand and accept that additional questions and/or information may be required by Courtika to complete your request. In all cases, Courtika reserves the right, at its sole discretion, to refuse to issue a quote, to follow up on any request and even to refuse to consider a quote request made by a user.
3. NEITHER ADVICE NOR A GUARANTEE
3.1. By Courtika
Considering that Courtika aims to inform the Quebec public about general concepts in property and casualty insurance and financial services, in no case may Courtika Content be interpreted as advice, a recommendation, a warning, an incentive, an indication or any other personalized communication made to a user. In no case shall there be a mandate between you and Courtika solely by virtue of your use of the Web Platforms. Courtika Content has no decisional or definitive character and may not be applicable in all situations. You must meet with your broker and/or your insurer for any information request or advice relating to your situation. Furthermore, all products and services offered by Courtika are subject to the terms and conditions stipulated in insurance policies and applicable legislation in force in Quebec and Canada, the provisions of which shall take precedence over Courtika Content.
3.2. By the User
Considering the provisions of sections 1 and 3.1. above, it is your responsibility that the User Content you make accessible through the Web Platforms may in no case constitute or be interpreted as constituting advice given to another user, failing which you alone will be held responsible for formulating such advice and any damage that may result therefrom. Similarly, you understand that comments from other users cannot constitute advice applicable to your situation. You also understand that other users are not brokers or insurers authorized by law to provide such advice and that any comments addressed to you personally by another user would not come from a qualified person. At all times, you must consult your broker and/or your insurer to obtain advice applicable to your situation.
3.3. Courtika’s Disclaimer
Courtika disclaims all liability arising from the interpretation, execution or accomplishment of actions by you or another user due to Courtika Content or User Content published on the Web Platforms. Courtika also disclaims all liability and offers no guarantee as to the quality, accuracy, completeness, truthfulness and relevance of Courtika Content and User Content published on the Web Platforms, which may be modified at any time without notice. Thus, Courtika is not responsible for any direct or indirect losses, claims or damages that may be suffered by you or another user in any way and that are directly or indirectly related to the use of the Web Platforms.
You consult Courtika Content and User Content at your own discretion, accept the risks arising therefrom and are advised to consult your broker and/or your insurer to obtain any advice or additional information related to your situation. You understand and accept that Courtika does not validate any User Content before its publication on the Web Platforms, so that User Content is made accessible by users and not by Courtika.
You understand and accept that you may be exposed to inappropriate content and hereby waive any legal action against Courtika.
Access to and use of the Web Platforms are provided to you “as is.” You should not assume that the Web Platforms will be free of errors, slowness or service interruptions. Furthermore, although Courtika attempts to avoid such situations, you also accept that Courtika Content or User Content may contain viruses, corrupted files or any other similar software or program that may damage or interfere with the operation of your computer or any software or hardware or telecommunications equipment. Courtika disclaims all liability for any damage that may arise directly or indirectly from these situations and you accept the risks arising from the use of the Web Platforms.
4. COPYRIGHT AND TRADEMARK
You acknowledge that Courtika Content made accessible through the Web Platforms is protected, in particular by laws and rules of law relating to copyright and trademark protection, and you agree not to violate such rights. In this regard, you acknowledge that Courtika Content is the property of Courtika and you agree not to retransmit, reproduce, modify, adapt, publish or distribute it, in any way whatsoever, without mentioning the source and without having obtained prior written authorization from Courtika. Any unauthorized retransmission, reproduction, modification, adaptation, distribution or publication of an element belonging to Courtika and protected by a rule of intellectual property law is strictly prohibited and constitutes an offense under applicable federal and provincial laws.
5. YOUR CONTENT, YOUR RESPONSIBILITY
5.1. You hold the rights relating to your content
Courtika disclaims all liability arising from User Content that you have made accessible on the Web Platforms. You alone will therefore be held responsible for your statements and content published on the Web Platforms.
You hereby represent and warrant to Courtika that you possess all rights, licenses, consents and permissions required to use and make public the User Content you publish on the Web Platforms. You therefore declare and warrant to Courtika that the User Content you make or will make accessible to the public through the Web Platforms will not violate any intellectual property law or rule of law and will not violate or infringe the rights of any third party.
Courtika reserves the right to delete or modify User Content for any reason, including if Courtika determines that such content violates or is likely to violate these Terms of Use or other Courtika policies.
5.2. License to be granted
Considering the nature and purpose of the Web Platforms, you declare that you are able to consent and hereby consent to Courtika a worldwide, non-exclusive, transferable and sublicensable license to use, download, publish, distribute, transmit, reproduce, modify, adapt, create derivative works, perform and distribute the User Content you have made public through the Web Platforms, in any form whatsoever and in all media, including social media, but only in connection with the operation, development and promotion of the Web Platforms, their content and the services and products offered by Courtika.
5.3. Prohibited Content
5.3.1. In connection with your use of the Web Platforms, you agree not to make accessible through the Web Platforms content of any of the following categories:
5.3.1.1. content that includes elements protected by applicable copyright, trademark laws or rules of law or protected by trade secrets or otherwise subject to exclusive rights of third parties, unless you are the owner of such rights or hold an authorization conferring on you the right to make such content public and to grant Courtika the license granted herein;
5.3.1.2. content containing lies or false statements that could harm Courtika or a third party;
5.3.1.3. content that is offensive, disrespectful, illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racist, sexist or otherwise inappropriate or harmful in Courtika’s opinion;
5.3.1.4. content that encourages conduct that would be considered a criminal offense, that could give rise to civil proceedings or that is otherwise inappropriate;
5.3.1.5. content, including files, that contains viruses, corrupted files or any other similar software or program that may damage or interfere with the operation of a third party’s computer, the Web Platforms or any similar software or hardware or telecommunications equipment;
5.3.1.6. political, advertising content or content including business solicitations, unless you have written authorization from Courtika to do so;
5.3.1.7. content not relevant to the objectives of the Web Platforms in Courtika’s opinion.
5.3.2. You also agree not to:
5.3.2.1. impersonate another natural person, legal person or entity, or falsely state or misrepresent your affiliation with a person or entity;
5.3.2.2. collect or store personal information about other users;
5.3.3. Your failure to comply with the commitments made in sections 5.3.1 and 5.3.2 will constitute a clear violation of these Terms of Use for which you alone will be responsible. Courtika may take any reasonable means to stop this violation including, without limitation, deleting the targeted content and prohibiting any further publication by you on the Web Platforms.
6. CONFIDENTIALITY
Courtika does its best to protect the personal information you may enter on the Web Platforms. However, loss or theft of data is always possible with internet technology and portable and mobile devices. You understand and accept the risk that using the Web Platforms represents regarding the retention of information about you and agree not to consider exchanges with Courtika and other users through the Web Platforms as a confidential means of communication. Courtika disclaims all liability for damages that you or any other person may suffer following the transmission of confidential information to Courtika via the Internet or the Web Platforms, as well as following the transmission by Courtika of information of the same nature that you would have authorized, or for errors or modifications made during this transfer of information. You assume the risks associated with using the Web Platforms, you agree to provide all required information and you consent to the collection, use, communication and disclosure, when necessary, of personal information about you. You may modify or correct the information you have provided to us at any time.
7. COMPLAINTS REGARDING COURTIKA CONTENT OR USER CONTENT
Courtika will analyze any complaint or content removal request sent to it by email at info@courtika.com due to a violation of these Terms of Use.
The following information must be transmitted to Courtika along with the complaint or content removal request, otherwise Courtika will not follow up on your request:
i) A description sufficiently precise to locate the content that is the subject of the complaint or removal request, containing at minimum the URL where Courtika can find this content.
ii) Your contact information, including your full name, address, telephone number and email address; The following statement under which your signature must appear: “I hereby declare in good faith and under oath that to the best of my knowledge the content listed above is illegal, defamatory or published in violation of the intellectual property rights I hold regarding this content.”
iii) In the case of a violation of an intellectual property right, the statement mentioned in paragraph ii) of this section must be signed by the owner or holder of the rights that would have been violated.
Upon receipt of a complaint or removal request, Courtika will implement the options that, in its sole discretion, are reasonable to take in such a situation.
8. LINKS TO EXTERNAL SITES
Courtika’s Web Platforms may contain links to third-party websites, advertisements, service offers by third parties, special offers or any event, promotion or activity that are not controlled by Courtika. Links to third-party websites are made available to users on the Web Platforms only for their convenience. In no case has Courtika evaluated the reliability of these websites, advertisements, service offers, special offers, events, promotions or activities and does not control and is not responsible for the content (information, material, product or service) available on these external websites, which you may find inappropriate or offensive. If you access third-party websites through the Web Platforms, use their services or view their content, you do so at your own risk and peril and you agree that Courtika is in no way responsible for any damages that may result therefrom.
9. INDEMNIFICATION
You must indemnify Courtika, its directors, officers, employees, consultants and agents against any claim or lawsuit arising directly or indirectly from i) your use of the Web Platforms, ii) the User Content you make public through the Web Platforms and iii) any violation of these Terms of Use.
10. MODIFICATION OF TERMS OF USE
These Terms of Use and the Social Media Use Policy may be modified or revised at any time, without notice. Any modifications or revisions will take effect immediately upon their publication on the website www.courtika.com. In the event of modification or revision, Courtika will notify you by a means of communication it deems reasonable, such as sending an email, and your future use of the Web Platforms and/or social media will confirm that you have accepted such modifications or revisions. You hereby agree that the Terms of Use and the Social Media Use Policy that are published on the website www.courtika.com at the time you use the Web Platforms and/or social media are those applicable to such use. In the event that you do not agree with the modifications made to said Terms of Use or to the Social Media Use Policy, cease using the Web Platforms and social media.
11. GENERAL CONDITIONS
11.1. Communications from Courtika
Courtika reserves the right to determine the form and means to communicate with you, and you agree that any notice or notification may be made electronically if Courtika so decides.
11.2. Entire Agreement
These Terms of Use and the Social Media Use Policy, as well as their modifications or revisions as the case may be, constitute the entire agreement between Courtika and you concerning the Web Platforms and Courtika’s use of social media and cannot be supplemented by verbal representations.
11.3. Severability
In the event that one or more provisions of these Terms of Use are declared invalid or void by a court, such provision shall be limited or deleted to the extent strictly necessary, and the remaining provisions of the Terms of Use shall remain in force and have full effect.
11.4. Waiver
Courtika shall not be deemed to have waived any of its rights or remedies described in these Terms of Use unless such waiver is made in writing and signed by a duly authorized representative of Courtika. Any delay or failure by Courtika to exercise remedies shall not be considered a waiver of the exercise of such rights and Courtika may assert them at any time, at its sole discretion.
12. APPLICABLE LAW AND JURISDICTION
By using the Web Platforms, you agree that the laws in force in the province of Quebec and the laws of Canada that apply thereto govern and regulate these Terms of Use. For any claim or legal proceedings arising from the application, execution or interpretation of these Terms of Use, the Superior Court of the judicial district of Saint-Hyacinthe, province of Quebec, Canada, shall have exclusive jurisdiction to hear such dispute, to the exclusion of any other court in the province of Quebec or any other jurisdiction that may have jurisdiction.
Social Media Use Policy of Assurances Morin et Associés Inc., Services Financiers Morin Inc., and Lambert Jutras Assurances Inc. (hereinafter “Courtika”).
This Social Media Use Policy by Courtika (hereinafter, the “Policy”) must be read in conjunction with the Terms of Use, which form an integral part of this Policy. Although certain provisions mentioned in the Terms of Use are repeated in this Policy, you must read and accept all of the Terms of Use in order to follow Courtika on the various social media and to publish any content, such as opinions, information, comments, questions, images, photos, data, reports, graphics, files and any other element that may be uploaded or made public on social media by users (hereinafter, “User Content”).
This Policy guides and directs Courtika’s use of social media and the interaction between Courtika and users of such media.
The term “social media” includes platforms such as Facebook, Twitter, LinkedIn, blogs and discussion forums and any other similar online platforms for which Courtika holds or will hold an account.
1. USE OF SOCIAL MEDIA BY COURTIKA
Courtika’s presence on social media serves the same purpose as its Web Platforms, which Web Platforms are defined in the Terms of Use, and aims to inform the Quebec public about general concepts of property and casualty insurance and financial services. Courtika focuses on public knowledge and awareness of insurable risks and seeks, through the provision of such information, to preserve the assets of its users and clients, as well as those of their loved ones.
2. WARNING
In no case may Courtika Content, as defined in the Terms of Use, published on social media be interpreted as advice, a recommendation, a warning, an incentive, an indication or any other personalized communication provided to a user. Similarly, comments from other users cannot constitute advice applicable to a user’s situation. At all times, the user must meet with their broker and/or their insurer to obtain advice applicable to their situation. Furthermore, Courtika’s decision to follow a user on social media does not mean that it endorses or agrees with their statements.
3. SOCIAL MEDIA USED BY COURTIKA
Courtika has accounts on the following social media:
COURTIKA BLOG
URL: https://courtika.com/en/expert-advices
Page administrators:
Caroline Fauteux (caroline.fauteux@courtika.com)
David Morin (david.morin@courtika.com)
URL: https://www.facebook.com/#!/courtika
Page administrators:
Caroline Fauteux (caroline.fauteux@courtika.com)
David Morin (david.morin@courtika.com)
URL: http://twitter.com/Courtika/
Page administrators:
Caroline Fauteux (caroline.fauteux@courtika.com)
David Morin (david.morin@courtika.com)
URL: http://www.linkedin.com/company/courtika
Page administrators:
Caroline Fauteux (caroline.fauteux@courtika.com)
David Morin (david.morin@courtika.com)
For all social media listed, the page administrators are the only representatives of Courtika who can authorize publications for and on behalf of Courtika.
4. COURTIKA’S WEB PRESENCE AND LACK OF PRIOR CONTENT CONTROL
Courtika reserves full discretion as to its frequency of participation on social media and cannot monitor publications made thereon at all times. Furthermore, Courtika has no obligation to respond to a publication and cannot guarantee that it will review all publications, nor that it will review certain publications within a specific timeframe. Therefore, for any request, it is preferable to communicate directly with a Courtika representative.
Furthermore, Courtika cannot control in advance the content to be published on social media by users. Thus, Courtika cannot guarantee the quality, accuracy, completeness, truthfulness and relevance of publications made by other users on social media.
5. PROHIBITED OR INAPPROPRIATE CONTENT
5.1. At all times, exchanges and publications made through social media must be courteous, professional and comply with the Terms of Use. User Content published on social media must meet these requirements and not correspond to any of the following categories:
5.1.1. content that includes elements protected by applicable copyright, trademark laws or rules of law or protected by trade secrets or otherwise subject to exclusive rights of third parties, unless you are the owner of such rights or hold an authorization conferring on you the right to make such content public and to grant Courtika the license granted herein;
5.1.2. content containing lies or false statements that could harm Courtika or a third party;
5.1.3. content that is offensive, disrespectful, illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racist, sexist or otherwise inappropriate or harmful in Courtika’s opinion;
5.1.4. content that encourages conduct that would be considered a criminal offense, that could give rise to civil proceedings or that is otherwise inappropriate;
5.1.5. content, including files, that contains viruses, corrupted files or any other similar software or program that may damage or interfere with the operation of another person’s computer, the Web Platforms or any similar software or hardware or telecommunications equipment;
5.1.6. political, advertising content or content including business solicitations, unless you have written authorization from Courtika to do so;
5.1.7. content not relevant to the objectives supported by Courtika’s presence on social media, in Courtika’s opinion.
5.2. In the context of using social media, you also agree not to:
5.2.1. impersonate another natural person, legal person or entity, or falsely state or misrepresent your affiliation with a person or entity;
5.2.2. collect or store personal information about other users.
5.3. In the event of a breach of the provisions of sections 5.1 and 5.2 hereof, this Policy or the Terms of Use, Courtika may take, at its discretion, any reasonable means to stop this breach, including, without limitation, blocking the user’s account, deleting the targeted content and prohibiting any further publication by that user on social media.
6. COMPLAINT TO COURTIKA
No complaint request will be processed by Courtika through social media. Courtika reserves the right to delete, at its sole discretion, all comments whose purpose is a complaint or reprimand against it. For any complaint, reprimand or comments regarding the products and services offered by Courtika or regarding its representatives, please communicate directly with a Courtika representative by telephone or by sending an email to info@courtika.com.
7. MODIFICATION OF THIS POLICY
This Policy may be modified or revised without notice. Please refer to the Terms of Use for any additional information in this regard.
WE REMIND YOU THAT TO USE SOCIAL MEDIA, YOU MUST HAVE READ AND ACCEPTED THE TERMS OF USE THAT GOVERN YOUR RELATIONSHIP WITH COURTIKA. IN THE EVENT OF A CONTRADICTION BETWEEN THIS POLICY AND THE TERMS OF USE, THE TERMS OF USE SHALL PREVAIL.
For any information or question regarding this Policy, please contact a Courtika representative or send an email to the following address: info@courtika.com.