Terms of Use
These terms of use constitute an agreement applicable to the use of the website located at https://nominis.ca/, visImm.ca, or any other address for the products of Le Portail Nominis Inc., and to the use of the VisImm database, including the various related features and services made available to you (hereinafter referred to as "VisImm"), as well as to all products of the company Le Portail Nominis Inc. (hereinafter referred to as "Nominis"). More 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 with respect to the VisImm database and its products, including the various related features and services 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 cancels and replaces any prior proposal, representation, or agreement between the parties.
By using VisImm, the Nominis platform, you automatically acknowledge that you are aware of these terms of use, and by using VisImm, you consent to all the terms of use contained herein and acknowledge having read and understood them.
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.
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 modify your password whenever 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 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;
• Broadcast, distribute, or otherwise make available to other individuals within the subscriber's organization, or to the public, the information and/or search results obtained from the VisImm database under the subscription, whether free of charge or for payment;
• Use the VisImm database by means of any automated process; therefore, you agree not to use any robot or automated means;
• 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.
• 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 effect, every SUBSCRIBER and/or USER acknowledges that failure to comply with the aforementioned provisions of this article will cause Le Portail Nominis Inc. serious and irreparable harm of such a nature as to render a final judgment in damages ineffective. Consequently, in the event of such a violation, Le Portail Nominis Inc. may, without prejudice to its other rights and remedies, obtain an interlocutory, provisional, and permanent injunction, and obtain any other equitable remedy to ensure compliance with the undertakings and obligations made under the various articles herein.
Special Conditions Applicable to the Nominis 'Nexis' API
Access to the Nominis API is reserved for subscribers holding an active subscription that includes API access or who have subscribed to this option. The use of the API is subject to these terms of use as well as any technical documentation or usage policy communicated by Le Portail Nominis Inc.
• License Grant: Subject to compliance with these conditions, Le Portail Nominis Inc. grants the SUBSCRIBER a limited, non-exclusive, non-transferable, and revocable license to integrate the API into its internal systems, applications, or business processes for its own professional needs.
• Restrictions: The SUBSCRIBER may not assign, sublicense, resell, rent, or otherwise allow a third party to directly access the API without the prior written authorization of Le Portail Nominis Inc.
• Security: Access to the API is protected by one or more authentication keys or other security mechanisms provided by Le Portail Nominis Inc. The SUBSCRIBER is entirely responsible for the preservation and security of this access information. Any activity carried out using the SUBSCRIBER's access keys is deemed to have been carried out by the SUBSCRIBER. The SUBSCRIBER agrees to immediately notify Le Portail Nominis Inc. of any unauthorized use or compromise of its access information.
• Data Use: The SUBSCRIBER may use the data obtained through the API solely within the scope of its internal professional activities and in accordance with the rights granted by its subscription.
The SUBSCRIBER agrees not to :
• Bypass security mechanisms or API usage limits;
• Use the API in a manner likely to harm its stability, availability, or security;
• Use the API to build a database that competes with Nominis;
• Redistribute, resell, or make accessible to third parties the data obtained through the API, other than within the normal scope of authorized internal use;
• Use the API to develop or market a product or service that competes with current or future products or services of Le Portail Nominis Inc.
Le Portail Nominis Inc. reserves the right to impose usage limits, notably regarding the number of requests, the volume of data transferred, or the frequency of calls made to the API. Exceeding the limits provided in the SUBSCRIBER's package may result in additional fees, temporary suspension of API access, or any other measure deemed appropriate by Le Portail Nominis Inc.
Le Portail Nominis Inc. may suspend or immediately terminate access to the API in the event of non-compliance with these conditions, abusive use, security risks to its systems, or payment default. Upon termination of the subscription or API access, the SUBSCRIBER must immediately cease all use of the API and delete any access key provided to them.
The API, its documentation, its structure, its access methods, as well as any improvements or modifications made thereto, remain the exclusive property of Le Portail Nominis Inc. No intellectual property rights are transferred to the SUBSCRIBER by virtue of using the API, except for the limited right of use expressly granted herein.
Modification of Terms
Le Portail Nominis Inc. may modify these terms of use as well as the policies or guidelines posted 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 regularly checking for modifications made to the terms of use, policies, or guidelines.
Le Portail Nominis Inc. makes no representations and gives no warranties that the content or access to its portal or products will be exhaustive, reliable, accurate, error-free, defect-free, without delay, uninterrupted, punctual, free of computer viruses or other harmful elements, or that any such problems that may arise will be corrected.
In no event does Le Portail Nominis Inc. warrant that VisImm will perfectly meet the expectations of portal users. In no case shall Le Portail Nominis Inc. be held liable with respect to the business results obtained by users of VisImm.
Le Portail Nominis Inc. cannot be held liable for any damage whatsoever, including direct, indirect, incidental, special, consequential, exemplary, or punitive damages arising out of the services, their content, or their tools, or out of access to or use thereof. Without limiting the foregoing, Le Portail Nominis Inc. cannot be held liable for any damage or loss caused to the SUBSCRIBER's computer files or data for any reason whatsoever, including viruses or other intrusive, disruptive, or destructive programs or files, nor for any loss of profits or revenue.
Severability
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 nullity, illegality, or unenforceability shall have no impact on the remaining provisions of these terms, which shall be interpreted as if the invalid, illegal, or unenforceable provision had never been part of them.
Governing Law
In the event of a dispute regarding 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 by and construed in accordance with the laws of the Province of Quebec and those of Canada applicable therein.
Price Changes
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 these various sources; the client therefore agrees that the subscription price for these services may be modified during the course of the subscription.
Subscription
Depending on the package chosen, the use of the solutions is payable using the credits in your account. The cost in credits depends on the package chosen. The subscription takes the form of credits made available in your account. Like previous subscriptions that had a duration of one year, credits expire at the end of the subscription. They are non-transferable and non-refundable. Subscriptions to our services are non-refundable.
• Credits included in the subscription are non-transferable and non-refundable. • Credits purchased additionally are non-refundable but are transferable upon renewal. • You will receive a notice 45 days before the end date of your subscription to proceed with renewal.
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 through observation by the receiving party, which is defined as confidential or should reasonably be considered confidential given the nature of the information and the circumstances surrounding its disclosure.
Exclusions
Confidential information does not include any information that:
(i) Is or becomes part of the public domain without breaching 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 should reasonably know that such disclosure constitutes a wrongful or reprehensible act.
Confidentiality Obligations
The receiving party must: a) Maintain appropriate safeguards to protect 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 harm the disclosing party; c) Inform the disclosing party in writing of any improper use, unauthorized disclosure, or actual or suspected misappropriation of confidential information brought to its attention; d) Not disclose confidential information to anyone without obtaining the prior written consent of the disclosing party, except to its affiliates and representatives who (i) need to know the confidential information in connection with the work authorization, (ii) are informed of the confidential nature of the information, and (iii) have confidentiality obligations consistent with those provided by the work authorization.
Notwithstanding the foregoing, the receiving party may also disclose confidential information: (i) To any regulatory body governing the activities of the receiving party, or (ii) In accordance with the order or requirement of a court or an 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 a protective order or otherwise prevent or restrict such disclosure.
Return or Destruction of Confidential Information
Upon the written request of the disclosing party, the receiving party agrees to: (i) Cease using the confidential information; (ii) At the discretion of the disclosing party and at the expense of the receiving party, promptly return to the disclosing party or destroy any document containing confidential information, and retain no extracts, copies, or reproductions of confidential information—unless the receiving party's archiving policy, applicable laws or regulations, or legal proceedings require it, or if said information was backed up according to an automated computer backup process operated in the normal course of business; and (iii) 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 solely at the 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 from the disclosing party to the receiving party.
Except to the extent permitted by applicable laws in the absence of any license or express 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 authorization of an authorized administrator of the other party regarding such use.
Termination
A party's obligations with respect to the confidential information of the other party remain in effect until the return or destruction of the confidential information.
