Platform Terms of Use
Welcome to the Nestor website or, if applicable, to the Nestor mobile application (together the “Platform”), which is owned and managed by Nestor. These terms and conditions of use of the Platform (the “Terms of Use”) constitute a legal agreement between you and NESTOR regarding the access and use of the Platform. PLEASE READ THE TERMS OF USE CAREFULLY before browsing on the Platform.
The Terms of Use solely govern your browsing on the Platform and your use of any content, information, product or service available on the Platform.
When you browse on the Platform or use any content, information, product or service available on the Platform, you agree to be bound by these Terms of Use. IF YOU DO NOT WISH TO ACCEPT THE TERMS OF USE, PLEASE STOP USING THE WEBSITE OR UNINSTALL THE MOBILE APPLICATION, WHICHEVER IS APPLICABLE. The Terms of Use may be amended at any time by Nestor at its discretion. Your use of the Platform after any amendment is posted will be considered as acceptance of the revised Terms of Use. Please visit this page regularly.
Nestor reserves the right to terminate the Terms of Use and/or your right to browse and use the Platform, or a part of same, without notice and at its complete discretion.
Any material, information in the form of text, graphic, audio or video, image, illustration, photograph, data, database, map, file, software or code available on the Platform (the “Content”), including the way in which the Content is presented, is protected by Canadian and foreign laws, in particular in respect of copyright, and belongs to Nestor.
Nestor’s name and logo are the property of Nestor. Other names, words, titles, phrases, logos, drawings, graphics, icons and trademarks displayed on the Platform may constitute Nestor or third-party trademarks. No element contained on the Platform should be interpreted as granting you a licence or a right to use any logo, drawing or trademark belonging to Nestor or a third party.
You agree not to: i) copy, reproduce, modify, adapt, translate, download, distribute or transmit the Content in whole or in part; ii) perform “screen scraping,” “database scraping” or any other activity with the aim of collecting, storing, reorganizing or manipulating the data on the Platform or any part of the Content in any form or by any method whatsoever; iii) sell, lease, grant under licence or otherwise use the Content for commercial, public or non-personal purposes; iv) modify, remove or cover any trademark or proprietary notice included in the Content; vi) decompile, disassemble, decode, extract or reverse-engineer the Platform and its components, including the Content, or assist anyone in doing so; or v) use the Platform in such a way as could damage, harm, overload, deactivate or otherwise alter the Platform or any service, account, server, network or resource linked to or accessible from the Platform.
The Platform may contain links to other Platforms or other Internet sources that do not belong to Nestor (the “Third-Party Sites”). Insofar as it cannot control these Third-Party Sites, Nestor cannot be held liable for the availability of these sites and external sources and accepts no liability regarding the content, links, advertisements, products, services or any other material available in or from these sites or external sources. Nestor cannot be held liable for any proven or alleged damage or losses consecutive to or in relation to the use or to the fact of having trusted the content, goods or services available on these Third-Party Sites.
Consequently, you are responsible for exercising caution when using the Content and for assuming all the related risks, in particular when you are relying on the opportunity, usefulness or complete nature of the content of the Third-Party Sites offered by the Platform.
The links to the Third-Party Sites do not indicate that these sites endorse Nestor or its products and services.
Nestor promotes links to the Platform. However, Nestor reserves the right, at its sole discretion, to refuse a link at any time. You agree to remove any link to the Platform at Nestor’s request. The link must open a new full-screen browser window, occupied only by the pages of the Platform. Framing or modifying the Content with the aid of any technology or any other means able to modify its appearance is strictly prohibited.
Nestor collects, uses and discloses your personal information in accordance with the Privacy Policy of the Platform. By accepting the Terms of Use and every time you use the Platform, you agree to the collection, use and disclosure by Nestor of your personal information, in accordance with the Privacy Policy in its current form, without you or any other person being notified in advance and without Nestor being liable to you or any other person.
Nestor uses reasonable efforts to ensure generally reliable and accurate content on its Platform. However, the Platform is provided “as is” and “as available.” You browse and use the Platform and its features at your own risk. Nestor makes no representation or warranty regarding the Platform, within the limits provided by law, and cannot at any time be held liable for any direct or indirect damage, including, but not limited to, loss of profits, clientele, data or any other loss of intangible assets, even if Nestor has been informed of the potential nature of such damage, arising directly or indirectly:
from the use or performance of the Platform;
from the acts, omissions or conduct of any third-party user of the Platform and of the features and any advertiser or sponsor of the Platform;
from the use or inability to use, in any way whatsoever, software, content, goods or services on a site or offered through a site linked to the Platform.
Nestor accepts no liability regarding any event of force majeure resulting in a temporary or permanent inability to access the Platform.
You agree to hold Nestor harmless from and against all claims, demands, liability, costs or expenses of any nature, including legal fees and disbursements arising directly or indirectly:
from your violation of the Terms of Use;
from your browsing, use or inability to browse or use the Platform or any site with which the Platform is or may be linked at the time;
from your use of publications, communications, distributions or downloads of any nature through the intermediary of the Platform or from your reliance on them; and/or
from your violation of the applicable legislation or regulations.
You agree to cooperate with us in contesting any claim.
The Terms of Use and your use of the Platform are governed by the laws of the province of Quebec and the laws of Canada, without regard to conflicts of laws principles. You hereby acknowledge that any litigation arising from or linked to your use of the Platform or the Terms of Use shall be subject to the jurisdiction of the courts of the district of Montreal, province of Quebec.