Terms of Use

BJC

Terms of Use

This document constitutes an Agreement between your Entity and the firm Blain, Joyal, Charbonneau S.E.N.C.R.L. (“BJC”). It governs your obligations and responsibilities in connection with the use of the “BJC Portal” (as defined below). By accessing the BJC Portal, you irrevocably accept these terms of use and agree to comply with them and have the persons under your authority comply to them also.

  1. Definitions

    The following terms have the meanings indicated below:

    1. BJC Portal: means the Secure Document Exchange Site using the CCH iFirm Portal® platform;
    2. Portal: means a secure space for an Entity to exchange documents;
    3. Entity: means a natural person or a legal person (e.g.: a corporation, a trust, a general partnership, a limited partnership, an individual, etc.);
    4. Person authorized to the Portal: means an individual having one or more accesses to a Portal;
    5. Principal contact: means an individual of the executive level having the authorization of the Entity to add, modify or remove the access of an Authorized Person from the Portal.

  2. About the BJC Portal

    1. The BJC Portal is a secure site that allows document exchange between you and the BJC team. Furthermore, it allows you to electronically sign documents using a secure application.
    2. By using the BJC Portal, you accept these terms of use.

  3. Your obligations

    1. You are responsible of the access to your file in the BJC Portal

      1. After the registration formalities completed, each Entity will have a file created in the BJC Portal. The Principal Contact of the Entity can then authorize access to its Portal or its Portals to one or more persons of its choice. It is essential to make sure to inform us immediately as soon as a Person authorized to the Portal should no longer have access to an Entity’s Portal by contacting our technical department at support@bjc.ca, so that their access to the Portal is disabled.
      2. Each Person authorized to access a Portal has a separate username and password and must ensure that they are kept confidential at all times and not shared with anyone.
      3. It is your obligation to limit access to your electronic devices and to maintain adequate protections in place and up to date (antivirus, firewall).
      4. You must always log out of the Portal when you end a session.
      5. In addition, it is risky to allow your internet browser or any electronic device to keep your username and / or password in memory, for example by checking the “remember me” function.
      6. It is also riskier to allow a Person Authorized to the Portal to use an email address that is not owned by the Entity (e.g. Gmail, Hotmail and others) to identify himself since these addresses generally cannot not be deactivated by the Entity at the termination or at the end of the Contract of the Person authorized at the Portal.
      7. In the event of a malicious introduction into your systems or devices, fraud, viruses, cloning, identity theft or other breach of security, you must notify us immediately by contacting our technical support at support@bjc.ca or by dialing the following telephone number (450) 922-3650 ext 3333.

    2. You are responsible for the information transmitted

      1. When you upload documents to your Portal, you must ensure the accuracy of the information transmitted. If we don’t have the right information, we won’t be able to serve you adequately. You must also ensure that the Persons authorized to use the Portal and having access to the documents that you send to us have the right to read them.
      2. You release BJC from any liability for errors resulting from the transmission by you of false, inaccurate or incomplete information.

  4. Limitation of liability

    You release BJC, its employees and partners from all liability in connection with the following:

    • you disclose your password or username;
    • you are providing us with false or incomplete or inaccurate information, even if it is a good faith error;
    • you do not immediately inform BJC when a person to whom you have given access to your file in the BJC Portal should no longer have access to it;
    • we are forced to suspend or terminate your access to the BJC Portal;
    • the BJC Portal is temporarily out of service for technical reasons;
    • the Portal is replaced by a new similar service;
    • your devices are too outdated to access the BJC Portal.

    AND GENERALLY, WITHOUT LIMITING THE FOREGOING, BJC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF THE BJC PORTAL. YOU THEREFORE RELEASE AND HOLD HARMLESS BJC, ITS EMPLOYEES AND PARTNERS FROM ANY LOSS OF PROFITS, SALES, ACTIVITIES OR DATA OR DIRECT, INCIDENTAL, INDIRECT OR SPECIAL LOSS OR DAMAGES, INCLUDING EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND REGARDING USE OF THE BJC PORTAL. BJC DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, REGARDING USE OF THE BJC PORTAL. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE BJC PORTAL.

    THESE DISCLAIMER OF LIABILITY APPLY NOT ONLY TO BJC BUT ALSO TO ANY RELATED COMPANY, ITS AGENTS AND SUBCONTRACTORS.

  5. Protection of personal and confidential information

    BJC has implemented a “Personal and Confidential Information Policy” to which its employees are subject. If you would like to know more, please contact our manager at support@bjc.ca.

    For your part, you agree to comply with the applicable all laws and regulations regarding the protection of personal information and copyright in connection with the information you share with us on the BJC Portal. All logos, icons, product and service names are trademarks of BJC or CCH iFirm Portal® and any reproduction is prohibited.

  6. Entity statements

    By your acceptance of these terms of use, you declare:

    1. That the Principal Contact and the Entity have full power to accept these conditions and undertake to comply with them;
    2. That the Entity undertakes to comply with the laws and regulations applicable to it in connection with the use of the BJC Portal and to ensure that its employees and representatives also comply with them;
    3. That these terms of use apply to the Entity and its successors and beneficiaries.

  7. Modification to the terms of use

    BJC reserves the right to modify these terms of use at any time and without notice. We therefore invite you to consult them regularly at the following address: www.BJC.ca/portalconditions since you are bound by those in effect at the time you use the BJC Portal.

    In addition, BJC reserves the right to limit the archiving period of documents available on the Portal.

  8. Laws of Quebec

    These terms of use are governed by and must be construed in accordance with the laws of Quebec without regard to its provisions concerning conflicts of law.

  9. Dispute

    The parties agree to use their best efforts to resolve any dispute arising out of this Agreement through negotiation. If the parties fail to reach a settlement promptly, any dispute arising from these conditions must be brought before the courts of the judicial district of Longueuil.