Terms of use
FÉRIQUE is a registered trademark of Gestion FÉRIQUE and is used under license by its subsidiary, Services d'investissement FÉRIQUE. Gestion FÉRIQUE is an Investment Fund Manager and assumes management duties in relation to the FÉRIQUE Funds. Services d'investissement FÉRIQUE is a Mutual Fund Dealer and a Financial Planning Firm, as well as the Principal distributor of the FÉRIQUE Funds. Please note that for commercial purposes, Services d'investissement FÉRIQUE is also known in English as FÉRIQUE Investment Services.
1. Acceptance of the Terms
By your use of the Gestion FÉRIQUE and FÉRIQUE Investment Services’ Terms and Conditions for the Use of Electronic and Telephone Services, you agree to the herein terms and conditions (Gestion FÉRIQUE and FÉRIQUE Investment Services hereafter referred together as “FÉRIQUE”, “us”).
2. Definitions
Client Portal: a secure internet environment (portail.ferique.com/en) allowing the clients of FÉRIQUE Investment Services to perform a multitude of activities related to their profile and their account(s) such as open an account, update their profile and their account(s), establish investment projects and track their progress, view their returns and access their documents.
Information: any information, of a personal and confidential nature, or not, that you receive or provide through an Electronic or Telephone Service including, without limitation, the Personal Information necessary to create and maintain your relationship with FIS, any order you place, and various information such as securities and market opinions and recommendations provided by external sources. The term “Personal Information” refers here to the definition given to it in FIS’ Privacy Protection Notice.
Information: any information, of a personal and confidential nature, or not, that you receive or provide through an Electronic or Telephone Service including, without limitation, the Personal Information necessary to create and maintain your relationship with FIS, any order you place, and various information such as securities and market opinions and recommendations provided by external sources. The term “Personal Information” refers here to the definition given to it in FIS’ Privacy Protection Notice.
Advisory Services: herein refers to FIS’s Advisory Services, Personalized Services and Private Wealth teams.
SElectronic and Telephone Services: any service, including without limitation:
- lthe FÉRIQUE website www.ferique.com/en (the “Website”) that enables you to receive and transmit Information;
- the telephone service by the Advisory Services, by Chat, and via the Client Portal;
- any other services provided by FIS through communication by regular telephone, cellular telephone, fax, computer, or similar devices.
3. Accuracy of Information
Certain Information provided by FIS via its Electronic and Telephone Services has been obtained independently from external sources it deems reliable. We do not endorse the positions or opinions communicated via our Electronic and Telephone Services, and we do not provide advice in matters of taxation, accounting or law, nor do we guarantee that the Information is accurate, complete and up to date.
The Website and the Client Portal may be linked to other websites, which does not mean that we approve, sponsor or endorse, directly or indirectly, these sites, unless it is clearly stipulated. You acknowledge and agree that we have not reviewed all related sites and are not responsible for their contents. You access these sites at your own discretion and at your own risk.
4. Username and Password
When you use the Electronic and Telephone Services, you may need to answer some questions to confirm your identity. You are responsible for the truth of the Information you provide. You may also have to choose a username and a password. Your password is the one you choose. This Information is processed in accordance with FIS's Privacy Protection Notice. Your password allows you to access your profile and accounts, place trade orders, obtain quotes, and receive Information on the Client Portal.
As soon as you enter your username and password in the Client Portal, you agree not to leave the device unattended until you have terminated the communication. You agree to keep your password secret and not to keep it with your account number, your username and any other Information or document concerning your account. It is your responsibility to assume the costs or losses of using your password and username, to protect them and to ensure that you are the only one using them. You must immediately inform FIS of the loss, theft or unauthorized use of any element of your username or password by phone at 514-788-6485 or 1 800 291-0037.
5. Accessing our Electronic and Telephone Services, and illegal or inappropriate use
You are not permitted to enter FÉRIQUE's computer or telecommunications systems restricted access areas and perform duties that are not permitted under these terms and conditions.
FÉRIQUE, or a third party, owns any software provided to you for the purpose of facilitating access to the Electronic and Telephone Services, and you may only use such software under a non-exclusive and non-transferable license. FÉRIQUE may at any time and without notice require you to return such software, and you must then comply promptly and without retaining copies.
We may suspend your access to an Electronic and Telephone Service without notice, if we believe that you are using it to gain unauthorized access to systems or Information, or that you use it in a manner that is illegal or inappropriate. Your access may either be reinstated after a review of the situation, or canceled without notice if you actually appear to be using an Electronic and Telephone Service, or Information, in an unauthorized or inappropriate manner, or if there is unusual activity in your account or relative to your account.
You undertake not to allow the use of an Electronic and Telephone Service by any unauthorized person, and that we decline any responsibility for the prohibited use of an Electronic or Telephone Service by another person.
6. Gestion FÉRIQUE and FÉRIQUE Investment Services’ Terms and Conditions for the use of the Chatbot
By your use of Gestion FÉRIQUE and FÉRIQUE Investment Services’ (hereafter referred together as “FÉRIQUE”, “us”) Chatbot, you agree to the terms and conditions herein.
The Chatbot is a virtual chat tool provided by FÉRIQUE to answer your general questions regarding the use the Website and Client Portal, the services and products we offer, or any general and public information about us.
- you must never provide personal or confidential information about yourself;
- it can never provide any kind of advice;
- it cannot answer questions about your profile or account at FÉRIQUE Investment Services;
- no instructions or orders on your account at FIS can be validly given by you and accepted or considered by us;
- it cannot be used to communicate any kind of complaint;
- some information provided by our Chatbot has been obtained independently from reliable outside sources; however, we cannot guarantee that it’s accurate, complete, and up to date;
- the answers may or not specifically meet your needs;
- it is a tool programed to answer general questions and is intended for informational purposes only, with the limits it entails;
- you must never post information that we may deem to be confidential, illegal, abusive, offensive, defamatory, obscene, pornographic, or otherwise harmful to others.
You are not permitted to enter FÉRIQUE's Chatbot restricted access areas.
FÉRIQUE, or a third party, owns any software provided to you for the purpose of facilitating access to the Chatbot, and you may only use such software under a non-exclusive and non-transferable license. FÉRIQUE may at any time and without notice require you to return such software, and you must then comply promptly and without retaining copies.
We may suspend your access to the Chatbot without notice, if we believe that you are using it to gain unauthorized access to systems or Information, or that you use it in a manner that is illegal or inappropriate.
FÉRIQUE may record the conversations between you and the Chatbot. We may use these recordings to:
- ÉEvaluate and improve the quality of the service;
- Ensure compliance with its policies and procedures.
We ensure that the records are kept secure, and we only allow authorized persons to access them.
We cannot guarantee that the information exchanged via the Chatbot will meet your expectations.
FÉRIQUE disclaims all liability to you or any other person for any damages, losses, costs or non-realization of the profits or savings expected from the use of the Chatbot.
FÉRIQUE assumes no responsibility for any loss or damage that may be caused in whole or in part by your negligence, abnormal use or noncompliance with these terms, or your misuse of information provided by the Chatbot.
FÉRIQUE also disclaim all liability with respect to any damages arising from the modification or interruption of the Chatbot services.
FÉRIQUE is not liable for any loss resulting from circumstances beyond its control that you may suffer in connection with the use of the Chatbot.
You acknowledge that the information transmitted through the Chatbot is our, or Information Providers’, property and is protected by applicable intellectual property laws. You may copy the information for your personal and non-commercial use, but you agree not to reproduce, retransmit, broadcast, sell, distribute, publish, circulate, or otherwise commercially exploit it unless you have obtained our written consent or Information Providers’.
FÉRIQUE may change or interrupt, either in whole or in part, the Chatbot service without prior notice. The Chatbot may be temporarily unavailable for maintenance or update purposes, or for other reasons. You acknowledge that FÉRIQUE may change the Chatbot terms and conditions at any time and without prior notice, by posting them on its Website and Client portal, and shall apply to you once published.
7. Recording Telephone Conversations, Placing Orders and Other Instructions
FIS records telephone conversations between the Advisory Services and you. FIS may also record any other communication made electronically, such as by email, via the Client Portal, etc. We may use these records to:
- Confirm and/or prove your instructions or orders;
- Evaluate the quality of the service;
- Ensure compliance with its policies and procedures, and the regulatory requirements applicable to it as a registered mutual funds broker and a financial planning firm.
We may set up a database or use another method to record your instructions given through Electronic and Telephone Services. FIS ensures that the records are kept secure and only allows authorized persons to access them. You authorize us to act on the instructions given by you with respect to all orders placed on your behalf via the Electronic and Telephone Services. This includes the instructions that are presented as given by you. It is your responsibility to ensure that we have received your orders and that instructions given on behalf of or relating to an Electronic or Telephone Service are accurate.
We will verify and approve all orders and will process an order only if your account is in order, if the balance of your bank account is sufficient for the execution of the order, and if the order is appropriate given your investment objectives and your investor profile. We do not guarantee that orders given shortly before market close can be transmitted and executed within the same day. You may have to confirm an order. We reserve the right to contact you to confirm any instruction given via its Electronic and Telephone Services prior to performing an operation, but we disclaim any liability if we are unable to contact you to confirm your instructions.
8. FÉRIQUE’s Limited Liability
FÉRIQUE disclaims any and all liability to you or any other person for any damages, losses, costs or non-realization of the profits or savings expected from the use of its Electronic Services and Telephone Services or a device used to access his Electronic and Telephone Services. We are not responsible for actions or inaction due to an error in your transaction order or the non-receipt of your transaction order.
We are also not responsible for any loss, damage or personal injury suffered directly or indirectly as a result of your use, or the failure of a device to access Electronic and Telephone Services. This includes communication or power outages, as well as hardware or software failures. No responsibility is owed to you, or to any other person, as to the accuracy, completeness or timeliness of the Information or any decision or action you take on the basis of any Information or of its Electronic and Telephone Services.
FÉRIQUE assumes no responsibility for any loss or damage that may be caused in whole or in part by your negligence, abnormal use or noncompliance with these terms, or your misuse of Information or of the Electronic and Telephone Services.
9. Force majeure
FÉRIQUE is not liable for any loss resulting from circumstances beyond its control that you may suffer in connection with the use of its Electronic and Telephone Services.
10. Intellectual Property
You acknowledge that the Information transmitted through the Electronic and Telephone Services is our, or Information Providers’, property and is protected by applicable intellectual property laws. You may copy the Information for your personal and non-commercial use, but you agree not to reproduce, retransmit, broadcast, sell, distribute, publish, circulate or otherwise commercially exploit it unless you have obtained our written consent or Information Providers’.
11. Service Modification and Interruption
FÉRIQUE may change any or all of its Electronic and Telephone Services without notice. Each of the Electronic and Telephone Services may be temporarily unavailable for maintenance, updates or other reasonable reasons, including during periods of increased market activity.
12. Various
Other agreements regarding your relationship with us, including the terms and conditions of the FIS’ Client File, remain in effect, except to the extent that they are expressly modified by the herein terms and conditions. In the event of any conflict, the herein conditions shall have priority with respect to the use of the Electronic and Telephone Services.
We may terminate the Electronic and Telephone Services by giving you notice within a reasonable time.
These terms and conditions are governed by the laws of the Province of Quebec.