Terms of Use
Database and all services
These Terms of Use constitute an agreement governing the use of the website located at https://nominis.ca/, visImm.ca, or any other address for the products of Le Portail Nominis Inc., as well as the use of the VisImm database, including the various related features and services made available to you (hereinafter referred to as “VisImm”), and all products of Le Portail Nominis Inc. (hereinafter referred to as “Nominis”). More specifically, these Terms of Use apply to the relationship between Le Portail Nominis Inc., as owner and operator, and you as a user and/or subscriber with respect to the VisImm database and its products, including the various related features and services made available to you through VisImm.
User account
To use VisImm, you must first authenticate yourself. 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 allow the use of a pseudonym to create a user account.
You are entirely responsible for your user account and for any actions taken or activities carried out through it. You may not share your account with another person.
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 your user ID 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 terminate a concurrent session if it discovers that a password is being used by more than one person or has been shared, whether or not that other person actually uses it.
Ownership rights to 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 applicable rights.
Subscription to our services may take the form of a license agreement for a predetermined period for a specific number of users, or an Excel file of transactions containing information about transactions and additional information sought by the investigation team of Le Portail Nominis Inc., or any other form to be determined. This license is limited, non-exclusive, non-transferable, and may not be sublicensed.
The SUBSCRIBER is the individual or legal entity that purchases membership to our services. The subscriber must inform the Nominis portal of any change of user.
The USER is the natural person who uses the services.
• The SUBSCRIBER and the USER are authorized to use the information disseminated by the Nominis Portal and the search results in the VisImm database of the Nominis Portal for professional purposes. Depending on the selected plan, one or more users are authorized to use VisImm for professional purposes in order to search for and consult relevant data.
The SUBSCRIBER and the USER are not authorized:
• To give or share their VisImm user code inside and/or outside their organization or to transfer a copy of the information received to their email address or to their VisImm account;
• To disseminate, 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 within the framework of the subscription, whether free of charge or for a fee;
• Use the VisImm database by means of any automated process;
• Make a copy or attempt to make a copy of the complete Nominis database;
• Copy, aggregate or make available a greater number of records from the VisImm database than the search tool can display at one time, 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 from the publications for the purpose of designing or selling products or services that compete with the current and/or future products and services of Le Portail Nominis Inc. without the latter's written consent.
In the event that the services are used in a manner inconsistent with this contract, the Nominis portal may terminate the membership, without notice or refund, and legal proceedings may be initiated.
To this end, every SUBSCRIBER and/or USER acknowledges that failure to comply with the aforementioned provisions of this article will cause Nominis Inc. serious and irreparable harm to such an extent as to render a final judgment in damages ineffective; therefore, in the event of such a violation, Nominis Inc. may, without prejudice to its other rights and remedies, obtain an interlocutory and permanent provisional injunction, and obtain any other equitable remedy to ensure compliance with the commitments and obligations made in the various articles herein.
Change of conditions
Nominis Inc. may modify these Terms of Use, as well as any policies or guidelines posted on Nominis, at any time, at its sole discretion. If you use Nominis after a modification has been posted, you agree to that modification. You are responsible for checking for changes to the Terms of Use, policies, or guidelines regularly.
Disclaimer of liability
Nominis Portal Inc. makes no representations or warranties that the content of or access to its portal or products will be complete, reliable, accurate, error-free, defect-free, uninterrupted, timely, free from computer viruses or other harmful elements, or that any such problems that may arise will be corrected.
Nominis Inc. does not guarantee that VisImm will perfectly meet the expectations of portal users. Nominis Inc. will not be held liable for any business results obtained by VisImm users.
Nominis Portal Inc. shall not be liable for any damages whatsoever, including direct, indirect, incidental, special, consequential, exemplary, or punitive damages arising from the services, their content, or their tools, or from access to or use thereof. Without limiting the foregoing, Nominis Portal Inc. shall not be liable for any damage to or loss of the SUBSCRIBER's computer files or data, for any reason whatsoever, including from viruses or other malicious, disruptive, or destructive programs or files, nor for any loss of profits or revenue.
Autonomy 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, such invalidity, illegality or unenforceability shall not affect the other provisions of these terms, which shall be construed as if the invalid, illegal or unenforceable provision had never been part of them.
Applicable law
In the event of any dispute concerning this license, the parties expressly agree that the competent courts of the district of Montreal, Quebec, Canada, shall have jurisdiction. This license is governed by and construed in accordance with the laws of the Province of Quebec and the applicable laws of Canada.
Pricing change
Nominis' services rely on various data sources, including government services. The client acknowledges that the price of these services depends on the rates set by the different sources, and therefore agrees that the subscription price for these services may change during the subscription period.
Subscription
Depending on the plan you choose, using the solutions is payable with credits in your account. The cost in credits depends on the plan selected. The subscription takes the form of credits made available to you in your account. As with previous one-year subscriptions, the credits expire at the end of the subscription period. They are neither transferable nor refundable. Subscriptions to our services are non-refundable.
You will receive a notice 45 days before the end date of your subscription in order to proceed with the renewal.
Confidentiality
Confidential information
“Confidential Information” means any confidential or business information, including NOMINIS data, disclosed by one 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 should reasonably be considered confidential depending on the nature of the information and the circumstances surrounding its disclosure.
Exclusions
Confidential information does not include any information that (i) is or was in the public domain without contravening the work authorization; (ii) was known to the receiving party, as demonstrated by its written documents, prior to disclosure by the disclosing party; (iii) is independently developed by the receiving party without the use of or reliance on the confidential information; and (iv) is disclosed to the receiving party by a third party, unless the receiving party knows or ought reasonably to know that such disclosure would be wrongful or reprehensible.
Confidentiality obligations
The receiving party must: a) maintain appropriate safeguards to protect the confidentiality and 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 be detrimental to the disclosing party; c) notify the disclosing party in writing of any improper use, unauthorized disclosure, or actual or suspected misuse 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) must have access to the confidential information in connection with the work authorization, (ii) are informed of the confidential nature of the confidential information, and (iii) have confidential information obligations consistent with those set out 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 notifies 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
At the written request of the disclosing party, the receiving party undertakes (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 extract, copy or reproduction of confidential information, unless required by the receiving party's record-keeping policy, applicable laws or regulations, or legal proceedings, or such information has been backed up through 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
All confidential information shall remain the exclusive property of the disclosing party and shall be disclosed only at the disclosing party's sole discretion. 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 right of the disclosing party to the receiving party. Except to the extent permitted by applicable law, in the absence of any express license or grant of rights, neither party shall use the trade name, trademark, logo, or any other proprietary right of the other party (or any of its affiliates) in any manner whatsoever without the prior written consent of an authorized administrator of the other party for such use.
Termination. A party's obligations with respect to the other party's confidential information remain in effect until the confidential information is returned or destroyed.
