LICENCE AGREEMENT

The following licence agreement (the “Agreement”) governs your rights and obligations and the terms and conditions of use relating to the Employer D mobile application (the “Application”) and the services associated with it (collectively referred to hereafter as “the Service”). This Agreement constitutes the full agreement between “You” or the “User” and the Fédération des caisses Desjardins du Québec, also doing business under the name DESJARDINS PAYROLL AND HUMAN RESOURCES SERVICES (“DPHRS”). We reserve the right, at any time and at our sole discretion, to amend, add to or eliminate, in whole or in part, the terms and conditions of the Agreement or of the Service. By using this Service, including after we have posted a change to the terms and conditions of the Agreement or the Service, or if we otherwise notify You of such changes, You acknowledge having accepted them, whether You have read them or not.

Please read this Agreement carefully before accessing or using the Application. By downloading, installing or using the Application, You undertake to comply with the terms of this Agreement. If You do not agree, do not install the Application.

ARTICLE 1 – PURPOSE

The Application enables users to download and view their payroll statements and other related information, and to receive notifications, alerts and other messages (depending on the access privileges granted to them) relating to the payroll services that DPHRS provides to their employer. Users acquire no rights other than those expressly stated herein.

ARTICLE 2 – LICENCE

DPHRS grants the User a free, personal, non-exclusive, non-transferable and revocable licence to use the Service to private and personal ends, exclusively on any mobile device that You own or legitimately control, subject to compliance with this Agreement. The licence covers both the Application to which this Agreement pertains and the accompanying reference materials, as well as any revised version of said Application or reference materials. The User may in no manner, and under no circumstance, sell, lease, assign, transfer or otherwise dispose of the Application.

ARTICLE 3 – OWNERSHIP OF THE APPLICATION

The User acknowledges that DPHRS retains all rights, title and interest pertaining to the Application, the accompanying reference materials and amendments, updates or upgrades thereto (in particular, all intellectual property, trademark, logo and patent rights). Consequently, the User pledges to refrain from modifying, translating, adapting, decompiling, distributing, sub-licensing or reproducing the Application, and to use it solely for the purpose described herein. Should You contravene these restrictions, You shall be subject to legal action and may be held liable for damages.

ARTICLE 4 – USER’S RESPONSIBILITY

You expressly acknowledge that your use of the Service will be entirely at your own risk, and that You are responsible for keeping your user ID and password confidential and for using the Service with prudence and diligence, in a manner that allows you to consult your mobile device securely. You bear sole responsibility, fully exonerating DPHRS, for any unauthorized or fraudulent use of the Application by any person using the mobile device to which You have downloaded the Application. Any use of the Service otherwise than in compliance with this Agreement shall result in immediate termination of your right to use the Service. The Internet connection and related charges are your responsibility.

ARTICLE 5 – LIABILITY OF, AND WARRANTY BY, DPHRS

DPHRS supplies the Application and the Service “as is” with no warranty of any sort whatsoever. DPHRS does not guarantee error-free or uninterrupted operation of the Application. You expressly exonerate DPHRS from all liability for any loss or damage, direct or indirect, that might ensue from the downloading, installation or use of the Application or from a Service outage. DPHRS is under no obligation to provide You with maintenance or support services for the Service.

ARTICLE 6 – TERM AND TERMINATION OF THE AGREEMENT

The Agreement shall remain in force until such time as it is terminated by You or by DPHRS. You accept that DPHRS may, with no prior notice, modify, interrupt, limit or terminate your access to the Service, at any time and for any reason that DPHRS may deem appropriate, at its sole discretion (including, without limitation, any violation of this Agreement). Regardless of the reason for termination, the User shall cease all use of the Application and destroy all copies thereof. This Agreement shall cease automatically upon the termination, cancellation or change of the payroll service agreement between DPHRS and your employer.

ARTICLE 7 – LINKS PROVIDED

As part of the Service, DPHRS may provide, from time to time, links to other sites or content on the Internet, for information purposes. DPHRS neither approves nor endorses such sites or content. You acknowledge that DPHRS shall not be held liable, directly or indirectly, for any damage or loss that may arise from your use of such sites or content, or from the fact that You relied thereon. You are responsible for reading the confidentiality policies and conditions of use pertaining to said sites or content.

ARTICLE 8 – PERSONAL INFORMATION

DPHRS collects personal data solely through the User’s employer. It is incumbent upon the User’s employer to obtain the User’s consent as required by prevailing legislation. The information is used exclusively to produce the payroll and to satisfy the obligations associated with that service.

Only DPHRS employees or sub-contractors who need to view your information as part of their work have access to it. The data are kept only as long as necessary for the provision of payroll services.

Any User wishing to access or correct his/her personal information, which is required for payroll operations, must submit a request to the employer.

DPHRS undertakes to protect the confidentiality, security and accuracy of the personal information that it collects, uses or communicates in accordance with applicable legislation, including federal and provincial privacy legislation.