Terms and conditions

Thank you for visiting the Groupe Capital Alternatif Inc. / Alternative Capital Group Inc. (“ACG”) website.

The use of this website is subject to the Terms of Use issued by ACG. Please read these carefully before browsing or using this website. By using this site, users acknowledge that they have read, understood, and agree to comply with, these Terms.

Information on this website pertaining to ACG and any related limited partnerships or companies is not to be construed as a public offering of securities in any jurisdiction of Canada or anywhere else. The offering of units of any ACG limited partnership or company will be made only to those investors in the Province of Québec who meet certain legal requirements. Read the applicable offering documents carefully before investing, including without limiting the foregoing, the Disclaimers that generally cover potential conflicts of interest, risks factors and the confidential nature of the documents.

Except where otherwise stated, such as in an investment memo, the ACG website is not intended as, and is not to be taken as an offer or solicitation with respect to the purchase or sale of any security or interest of related limited partnerships or companies in relation to investments whose description is accessible to a user on the ACG website, nor does it constitute an offer or solicitation in any jurisdiction, including those in which such an offer or solicitation is not authorized, to any person to whom it is unlawful to make such a solicitation or offer. The securities referred to on the website can only be offered in the Province of Québec and in no other jurisdiction in Canada, the United States or anywhere else. Subject to applicable securities law, securities referred to on ACG website may not be offered, sold, resold, taken up, exercised, renounced, transferred, delivered or distributed, directly or indirectly, in Canada (except in the Province of Québec), the United-States or anywhere else, or to any resident in Canada (except to residents in the Province of Québec), the United-States or anywhere else. If you are not a resident of the Province of Québec, you should not consult, read, copy, photocopy, retrieve, store, disseminate or transfer to anyone else on paper, on or through any electronic device or system or otherwise any document on this ACG website that relates to a securities solicitation or distribution of securities of said related limited partnerships or companies intended to be made or made only within the Province of Québec, including, without limiting the foregoing, any investment memorandum, investment memorandum marketing materials and standard term sheet. If you are a resident of the Province of Québec and that you are allowed access to information on ACG website as it pertains to any security or interest of ACG related limited partnerships or companies in relation to investments whose description is accessible to you as a user on the ACG website, you acknowledge that you are accessing documents that are private and confidential and are restricted under the obligations entered into between the reader and the representatives of the limited partnership / company or ACG by way of a non-disclosure agreement.

The information featured on this website are supplied for informative purposes only, and ACG does not endorse any claims made by any business partners or users on this website.

Finally, ACG upholds strict security, confidentiality and privacy standards.

Terms of use

1. Use of this website

This website is owned and operated by the Groupe Capital Alternatif Inc. / Alternative Capital Group Inc. (“ACG”) or the (“Site Owner”), who provides it to you (the “User”) for informative purposes. Your use of this website is subject to the following terms and conditions (the “Terms”) and all applicable laws. By accessing and browsing this website, you agree to abide by these Terms without limitation or reservation. If you do not agree with any Term set forth herein, please do not use this website. You are solely responsible for ensuring that you are legally accessing this website, and that the content available therein or thereby is legal in every jurisdiction where you access or view this website or its content, as well as in any intermediary jurisdiction by which you do so.

2. Exclusion of warranties

The Site Owner, as well as its affiliated and associated companies, their respective administrators, executives, owners, partners, employees, agents, mandatories, representatives, successors and assigns (the “Group Members”) make no claims or warranties, express or otherwise, regarding the functionality or the state of this website, its relevance for usage purposes or its use without interruptions or errors. All content, information, applications, products and services presented on this website as well as related information are provided on an “as is” basis and without warranties of any kind. The site owner, group members and licensors disclaim all warranties or conditions, written or oral, statutory, express or implied, including without limitation, warranties or conditions of merchantability or fitness for a particular purpose.

The information, applications, products, services and contents featured on this website are not intended to provide specific technical, financial, fiscal, legal, business or accounting advice, nor any other form of advice applicable to the user’s specific situation, and we recommend that you consult with your own professional advisors to determine how any information, applications, products, services or contents made available on this website apply to your specific situation. These exclusions are in addition to any specific exclusions otherwise set forth in these Terms. Should the exclusion of certain warranties be prohibited in the jurisdiction whose laws govern the actions of the user, such unauthorized exclusions shall not apply, while all other legal exclusions will persist. The information, applications, products and services announced on this website may include inaccuracies or typographical errors, and may periodically be subject to change. The Site Owner, group members, and/or their respective suppliers may improve and/or modify this website at any time without notice.

3. Limitation of liability

Neither the Site Owner, nor the group members will assume any liability for damages, either direct, indirect, incidental, special or consequential, of any nature, related to the use of or inability to use this website or content, products or services of any kind, postponement of or partial delivery, termination of rights or loss of profits, data, business opportunities and/or goodwill, whether on a contractual or extracontractual basis; and no indemnification or remedy of any nature will be provided to any user or third party. The user’s sole and exclusive remedy consists in discontinuing the use of and access to this website. Should a part of these exclusions not be valid in the jurisdiction whose laws govern the actions of the user, such a part will not apply, while all other exclusions will be maintained.

4. Copyrights and trademarks

Contents on this website, including but not limited to texts, images, logos, illustrations, software, audio files and video clips, are owned by the Site Owner or otherwise provided thereby under licence, and the Site Owner does not represent or warrant in any way that such contents do not infringe the rights of any other person or entity. The contents of this website are protected in Canada and in other jurisdictions under the Copyright Act and governed by all applicable international conventions. Consequently, the contents of this website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in part or as a whole, in any form whatsoever, whether in text, audio, video or executable format, without prior written consent from the Site Owner. Trademarks, official marks, logos and service marks (collectively, “Marks”) presented on this website are registered or unregistered Marks of the Site Owner or others that have licensed their use to the Site Owner, and are the property of their respective owners. The Marks may not be used in any way without prior written consent from their owner. Nothing in this website may be construed as conferring any right to use the Marks or the content protected under the Copyright Act.

5. Registration, subscription, user name and password

The use of some of the related services and functionalities offered on this website require that the user becomes a member of ACG. Should you decide to register as a member or to subscribe to services or functionalities, you consent to supply accurate and up-to-date personal information, as required in the relevant registration or subscription process, and to ensure its accuracy by updating such information as soon as the need arises. You agree to preserve the confidentiality of all passwords and account identifiers of your own choosing or assigned to you at the time of your registration or subscription on this website, and to assume sole responsibility for any activity related to the use of these passwords and/or accounts. Furthermore, you agree to warn the Site Owner of any unauthorized use of your password or member account. Neither the Site Owner nor the Group Members may be held liable in any way, directly or indirectly, for any loss or damage of any nature arising from your own failure to comply with this provision or related to such failure.

You acknowledge that the Site Owner may, at their sole and absolute discretion, and without prior notice, suspend, cancel or terminate your account, your use or your access to this website, or any of their services, as well as remove and delete any information or content relative to this website or one of the services (and terminate your use thereof), for any reason whatsoever, including in the event that the Site Owner believes that you have infringed these Terms. Moreover, you acknowledge that the Site Owner and Group Members are not accountable to you or anyone pursuant to such a suspension, cancellation or termination. Should you experience dissatisfaction with this website or one of its related services, Terms, conditions, rules, policies, guidelines or practices of the Site Owner in regard to the operation of this site or any one of their services, your only remedy consists in discontinuing the use of said site or service.

6. Confidentiality of the information submitted

Internet communications are subject to interception, loss or alteration. Consequently, you acknowledge that the information or items you submit electronically as a result of your accessing or use of this website are neither confidential nor exclusive, except within the limits prescribed by applicable laws, and that unprotected e-mail communications on the Internet may be intercepted, altered or lost.

7. Forums

This website may include community boards, chat rooms, blogs and forums (collectively, “Forums”) allowing for information sharing between the Site Owner and users as well as a real-time interaction between users. Unless otherwise specified, the Site Owner in no way controls the messages, information or files posted on these Forums. The Site Owner however reserves the right to monitor, correct, refuse to display or delete at any time, in part or as a whole, any information or content deemed, at their sole discretion, inappropriate or contrary to the spirit of these Terms, as well as to refuse access of any user to the website. Users accessing the Forums shall agree to refrain from engaging in any of the following actions:

  1. preventing another user from using and enjoying the Forums, or limiting their use by another user;
  2. using the name, image, likeness or voice of an individual without their prior consent to any end other than legitimate public information, or to allege or attribute facts that could injure the reputation of an individual without having first confirmed the accuracy thereof;
  3. displaying, posting or distributing content, items, information and/or statements that are illegal, threatening, abusive, slanderous, obscene, vulgar, pornographic, licentious or indecent of any nature whatsoever, or remarks that obviously hint of sectarianism, racism, hate, harassment or that encourage a conduct that would represent a breach of the law, engage civil liability or would otherwise violate a local, provincial, federal or foreign law;
  4. posting, sending or otherwise distributing information, items or content unrelated to the Forum topic or theme, or set up a link to such type of information, item or content;
  5. making available or facilitating the reproduction, public disclosure via telecommunications or other means, publication, distribution or copy, in any way whatsoever, in part or as a whole, of the intellectual property of a third party without the latter’s prior consent;
  6. posting, sending or otherwise capitalizing in any way on information, software and/or content for commercial purposes, or that includes sales or purchasing solicitation, advertising or promotional material; and
  7. using a Forum for any commercial purposes whatsoever; using the available services to conduct or send any survey, contest, pyramidal system or letter chain; sending spam, hacking, or performing any unauthorized or illegal action.

8. Additional responsibilities of user

You therefore commit to using the Forums in compliance with these Terms and in a reasonable fashion. More specifically, you commit to ensuring that none of the messages, conversations, chats and/or other exchanges you will take part of in the Forums are defamatory or by nature breach the right to image or privacy of any person, contain obscenities, feed hatred or otherwise engage the civil or criminal liability of an individual or entity.

You additionally acknowledge the following responsibilities:

  1. Licence – By uploading documents on the Forums, you automatically grant (or warrant that the owner of such content expressly grants) the Site Owner an irrevocable, royalty-free and non-exclusive licence and international right to copy, adapt, operate, use, circulate, transmit, communicate via telecommunications or other means, post, publicly present and distribute the content submitted, and to create compilations and by-products for any purpose whatsoever, by any currently existing or later developed means, medium and technology, including for broadcasting, wireless and online transmissions. Furthermore, you warrant that any person who could possibly own moral rights in regard to such content has waived their right to any form of recourse relative to the use thereof by the Site Owner.
  2. Potential damages – Neither the Site Owner nor its Group Members may be held liable for any damages that could be caused to your computer system as a result of (i) accessing or using this website; (ii) using any content from this website; (iii) downloading data or software from this website. Moreover, neither the Site Owner nor its Group Members will assume any form of responsibility regarding the possibility of illegal access to your computer by hackers, or the quality, reliability, compatibility and timeliness of the services rendered by an Internet service provider.
  3. Warning – When you take part in a Forum, never presume that other individuals are who they present themselves to be, that they know what they are talking about, or that they are associates of the persons they pretend to share any affiliation with. Opinions and comments expressed in the Forums (including the opinions and comments of the bloggers) are those of their respective contributors and do not necessarily represent the views of the Site Owner. The Site Owner and its Group Members may not be held liable for the content or accuracy of any information whatsoever posted in the Forums, and decline any form of responsibility for the trust you place in such information and any decision made as a result thereof.
  4. Webmaster – You are responsible of informing the Webmaster of any illegal, shocking or rights-infringing content so that it may be removed immediately.

Non-compliance with these rules will engage your exclusive responsibility, as well as that of the person who will have uploaded the unauthorized content, if applicable. The Site Owner and its Group Members decline any and all liability regarding a potential recourse against you or the person who will have uploaded the unauthorized content, if applicable.

9. Monitoring

The Site Owner may monitor access to the website, discussions thereon and content posted, as well as other activities related to the website, and they may intervene accordingly, while they are not making any claims or warranties to this effect. You consent to such monitoring and intervention, should the Site Owner decide to pursue such actions.

Links and references to other websites are provided exclusively for your convenience. The Site Owner has not verified accessibility and does not expressly or implicitly endorse the other websites or their content, or any information or items accessible using such links, and does not assume any responsibility regarding any such other website, information or content, or products or services, posted or available thereon.

11. Viruses

The Site Owner does not claim or warrant that the information or content, including the downloadable software, accessed from or through this Web site will be free of errors, defects, viruses or other harmful components, that access thereto will be uninterrupted, or that any such issues as they are discovered will be corrected.

12. Accuracy of information

The Site Owner may update the information, content or items on this website without notice from time to time, but makes not guarantees that any material on this website is up-to-date, accurate, error-free or complete.

13. Reservation of rights

The Site Owner reserves all rights not expressly claimed herein. None of the provisions composing these Terms shall be construed as implicitly, exclusively or otherwise granting any licence or right under a copyright, patent, trademark, or any other intellectual property right of the Site Owner or any other individual or entity.

14. Modification of Terms

The Site Owner may modify or otherwise update the Terms applicable to this website from time to time without notice. You accordingly agree to be bound by the Terms in effect at the time you access this website.

15. Jurisdiction

This website is controlled and operated by the Site Owner from Montreal, Québec, Canada. The Site Owner makes no claims whatsoever in regard to the relevance or availability of the website content for use in other jurisdictions. Any individual who chooses to access this website from other locations does so of their own accord, and is responsible to comply with all local laws, to the extent to which they apply.

16. Applicable law

This website is controlled and operated by the Site Owner from Montreal, Québec, Canada, and these Terms are governed by the laws of the Province of Québec as well as all applicable Canadian laws, without regard to conflict-of-law principles. You agree to be bound by these laws and to submit to the authority of the courts of Montreal, Québec, Canada, in respect to the interpretation or application of these Terms.

17. Integral agreement and transfer

These Terms represent the integral Agreement between the Site Owner and User in terms of use of the website, its functionalities and content, and supersede any previous or contemporary agreement, communication or proposal, whether made electronically, verbally or in writing, between the Site Owner and the User in regard thereof.

This Agreement is entered into by the User personally, and the latter may not transfer their rights or obligations hereunder to anyone.

18. Survival of obligations and severability

These Terms apply while you are accessing the website and remain in effect thereafter. Should you no longer have access to this website, the provisions set forth in Articles 2, 3, 4, 7 and 8 of these Terms will persist thereafter.

Should a provision of these Terms be declared illegal, invalid or unenforceable by a competent authority in any jurisdiction, such statement will have no effect on the provision in question in any other jurisdiction and will in no way render this provision illegal, invalid or unenforceable in any other jurisdiction; nor will it have any effect on any other provisions of these Terms in any jurisdiction.

19. Non-waiver

Default from the Site Owner to ensure the strict application of any right or provision under these Terms shall not be construed as forfeiture of such right or provision.