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Terms of use - Database and all services

These terms of use constitute an agreement applicable to the use of the site located at the address https://nominis.ca/ VisImm.ca or any other address for products of Le Portail Nominis Inc. and the use of the VisImm database including the various features and related services that are made available to you (hereinafter referred to as 'VisImm') as well as all products of the company Le Portail Nominis Inc. (hereinafter referred to as 'Nominis') Specifically, these terms of use apply to the relationship between the owner and operator of the company Le Portail Nominis Inc. and you as a user and/or subscriber regarding the VisImm database and its products, including the various features and related services that are made available to you via VisImm.

This license agreement represents the entire agreement regarding the use of VisImm between you and Le Portail Nominis Inc. It supersedes and replaces any prior proposal, representation, or agreement between the parties.

By using VisImm, the Nominis platform, you have automatically acknowledged these terms of use and by using VisImm, you consent to all the terms of use contained herein and acknowledge that you have read and understood them.

User account

To use VisImm, you must first authenticate. You warrant that the information you provide to us is true and accurate, and you agree to keep it up to date. Le Portail Nominis Inc. does not accept the use of a pseudonym to create a user account.

You are solely responsible for your user account and any action taken or action taken from your user account. You may not share your account with another person or entity.

You agree to protect your password and not to disclose or transfer it to third parties. If you have reason to believe that the security of a user code or password has been compromised, you agree to immediately notify Le Portail Nominis Inc. and to change your password, where possible. Le Portail Nominis Inc. reserves the right to cancel any user account or disconnect a concurrent session if it discovers that a password is being used by more than one person or has been given to another person, whether that other person actually uses it or not.

Ownership of website content

All content available on the website—including text, images, logos, and illustrations—is the property of Le Portail Nominis Inc. or is used by Le Portail Nominis Inc. with the permission of the owners or holders of the applicable rights.

Subscription to our services may take the form of a license grant, for a predetermined period for a specified number of users or the form of an Excel file (or PDF or any other form) of transactions containing the information concerning the transactions and additional information requested by the investigation team of the company Le Portail Nominis Inc. Or any other form to come. This license is limited, non-exclusive, non-transferable, and non-sublicensable.

The SUBSCRIBER is the individual or entity that purchases membership to our services. The subscriber must inform Le portail Nominis of any change of user.

The USER is the individual who uses the services.

  • The SUBSCRIBER and the USER are authorized to use the information disseminated by Le Portail Nominis and the search results in the VisImm database of Nominis' Portal for professional purposes. Depending on the selected package, one or more users are authorized to use VisImm for professional purposes to search for and consult relevant data.

The SUBSCRIBER and the USER are not authorized to:

  • • To give or share inside and/or outside their organization their user code to VisImm or to transfer a copy of the information received to their email address or into their VisImm account;
  • • To broadcast, distribute, or otherwise make available to other persons of the subscriber, or to the public the information and/or search results in the VisImm database obtained as part of the subscription, whether for free or for a fee;
  • • Use the VisImm database by means of any automated process; therefore, you agree that you will not use a robot or any automated means;
  • • Make a copy or attempt to make a copy of the entire Nominis database;
  • • Copy, aggregate, or make available a greater number of records from the VisImm database than the search tool allows to display at once, whether this operation is carried out in one or more steps.
  • • To use or reproduce, in whole or in part, the data or services of Le Portail Nominis Inc. and the information of Nominis, be it alerts, search results in order to design or sell products or services that compete with the present and/or future products and services of the company Le Portail Nominis Inc. without the written consent of the latter.

In the event that the services are used in a manner that is not in accordance with this agreement, Le portail Nominis may terminate the membership, without notice or refund, and legal proceedings may be initiated.

To this end, any SUBSCRIBER and/or any USER acknowledges that the failure to comply with the above provisions of this Article will cause Le portail Nominis Inc. serious and irreparable harm of a nature that will render a final judgment for damages ineffective; therefore, in the event of such a violation, Le portail Nominis Inc. may, without prejudice to its other rights and remedies, obtain an interim, interlocutory, and permanent injunction, and obtain any other equitable remedy to ensure compliance with the commitments and obligations made in the various articles hereof.

Modification of terms

Le Portail Nominis Inc. may modify these terms of use as well as the policies or guidelines displayed on Nominis at any time, at its discretion. If you use Nominis after a modification is posted, you consent to it. You are responsible for checking the modifications to the terms of use, policies, or guidelines regularly.

Disclaimer of liability

Le Portail Nominis Inc. makes no representation and gives no warranty that the content or access to its portal or products will be comprehensive, reliable, accurate, error-free, defect-free, timely, uninterrupted, timely, free of computer viruses or other harmful elements, or that any such problems that may arise will be corrected.

In no event shall Le Portail Nominis Inc. guarantee that VisImm meets the expectations of portal users perfectly. Under no circumstances, Le Portail Nominis Inc. shall be liable for business results obtained by VisImm users.

Le Portail Nominis Inc. shall not be liable for any damages, including direct, indirect, incidental, special, consequential, exemplary, or punitive damages arising from the services, their content or tools, or the access to or use of these. Without limiting the foregoing, Le Portail Nominis Inc. shall not be liable for any damages or losses caused to the records or computer data of the SUBSCRIBER, for any reason whatsoever, including viruses or other programs or files that are intrusive, disruptive, or destructive, nor for any loss of profits or revenue.

Severability of provisions

If any provision of these terms of use is, for any reason, invalid, illegal, or unenforceable against one or more SUBSCRIBERS or categories of SUBSCRIBERS, this invalidity, illegality, or unenforceability shall not affect the other provisions of these terms, which shall be interpreted as if the invalid, illegal, or unenforceable provision had never been part of them.

Applicable law

In the event of a dispute over any matter relating to this license, the parties expressly declare that the competent courts of the district of Montreal (Quebec), Canada, have jurisdiction. This license is governed and interpreted in accordance with the laws of the Province of Quebec and those of Canada applicable therein.

Pricing change

Nominis' services are based on various data sources, including government services. The client acknowledges that the price of these services depends on the rates established by the various sources, and therefore agrees that the price of the subscription to these services may be changed during the subscription.


Confidentiality


Confidential information

“Confidential Information” means any confidential or commercial information, including NOMINIS data, disclosed by a party, its affiliates, or their respective representatives (collectively, the “disclosing party”, as applicable) to the other party, its affiliates, or their respective representatives (collectively, the “receiving party”), before or after the signing of the work authorization, whether orally, in writing, or by observation of the receiving party, which is defined as confidential or which should reasonably be considered as such given the nature of the information and the circumstances surrounding its disclosure.

Exclusions

Confidential Information does not include any information which (i) is or was part of the public domain without breaching the work authorization; (ii) was known by the receiving party, as evidenced by its written documents, prior to disclosure by the disclosing party; (iii) is independently developed by the receiving party without the use of or recourse to the confidential information; and (iv) is disclosed to the receiving party by a third party, unless the receiving party knows or reasonably should know that such disclosure constitutes wrongful or reprehensible conduct.

Confidentiality obligations

The receiving party must: a) maintain appropriate protection measures to protect the confidentiality and ensure the integrity of the confidential information; b) refrain from using the confidential information for purposes other than those for which it was disclosed or in a manner that would infringe upon the disclosing party; c) inform the disclosing party in writing of any improper use, unauthorized disclosure, or actual or suspected misappropriation of the confidential information brought to its attention; d) not disclose the confidential information to anyone without obtaining the prior written consent of the disclosing party, except to its affiliates and representatives who (i) need to be informed of the confidential information in connection with the work authorization, (ii) are informed of the confidential nature of the confidential information, and (iii) have confidentiality obligations with respect to the confidential information consistent with those provided in the work authorization. Notwithstanding the foregoing, the receiving party may also disclose (i) any confidential information to any regulatory body governing the activities of the receiving party or (ii) in accordance with the order or requirement of a court or administrative or governmental organization, provided, however, that the receiving party promptly informs the disclosing party of such order or requirement, if permitted by law, and gives the disclosing party a reasonable opportunity to obtain such order or to otherwise prevent or restrict such disclosure.

Return or destruction of confidential information

Upon the written request of the disclosing party, the receiving party agrees (i) to cease using the confidential information, (ii) at the discretion of the disclosing party and at the expense of the receiving party, to promptly return to the disclosing party or destroy any document containing confidential information, and not to retain any excerpt, copy, or reproduction of confidential information, unless the archiving policy of the receiving party, applicable laws or regulations, or judicial proceedings require it or the information has been backed up using an automated computer backup process operated in the normal course of business, and (iii) to provide a certificate from an officer confirming that the receiving party has complied with these obligations.

Ownership of confidential information

Confidential information shall remain the exclusive property of the disclosing party and shall be disclosed only at the sole discretion of the disclosing party. The disclosure of Confidential Information by the disclosing party shall not constitute the express or implied grant of any patent, copyright, trade secret, trademark, or other intellectual property rights of the disclosing party to the receiving party. Except as permitted by applicable law in the absence of any express license or grant of rights, no party shall use the trade name, trademark, logo, or other exclusive right of the other party (or any of its affiliates) in any manner without the prior written authorization of an authorized officer of the other party for such use.

Termination : A party's obligations with respect to the other party's confidential information shall remain in effect until the return or destruction of the confidential information.