Legal notice

Terms of Use

 

Welcome to the website locnest.com (the “Website”), owned by LOCNEST  Holding Inc. (“Locnest”). These Terms of Use (the “Terms of use”) constitute the legal agreement between Locnest and you with respect to your access and use of the Website, its services, features and tools. PLEASE READ THE TERMS OF USE CAREFULLY prior to using or registering on the Website.

 

  1. Agreement to the Terms of use

By using the Website, its services, features and related tools, you agree to be bound by the provisions of the Terms of Use set forth herein. The Terms of Use are subject to change from time to time at Locnest’s sole discretion. The changes will come into effect as of their publication on the Website.

Before accessing the Website, its services, features and related tools, you must read and accept all terms and conditions set out in the Terms of Use or incorporated thereto by reference, including The Privacy Policy.

 

  1. Website Contents

The content of the Website is provided for information purposes only. All information, materials, pictures, images, graphics, text, forms and every other content item displayed on the website are considered to be exact and updated as soon as they are published. However, Locnest does not warrant that the information will be up to date at all time. It is your responsibility to contact Locnest in order to confirm that the information is exact and complete at all times.

The terms, conditions and procedures mentioned on the Website with regards to the lease suretyship consented by Locnest are neither complete nor detailed. Their interpretation is governed by the General Lease Suretyship (GLS) Terms and Conditions established by Locnest as well as all applicable laws and regulations. In case of discrepancy between the General Lease Suretyship Terms and Conditions and the content of this Website, the terms of the former shall prevail.

 

  1. Your obligations

By using the Website, you agree not to:

  • Disobey the law, violate the rights of third parties or breach our policies and regulations, including The Privacy Policy;
  • Violate intellectual property rights owned by Locnest or third parties, including copying, editing or distributing any content belonging to someone else;
  • Distribute or transmit viruses or other technologies that could cause alterations to Locnest or harm other users;
  • Access the Website in order to collect or copy its content by using robots, spiders or other means, for any purpose, without the prior written permission of Locnest.

 

  1. Misuse

Locnest disclaims any liability for unauthorized or illegal use of the Website by the users. Please report any problem or content that is illegal or in violation of Locnest policies and regulations.

 

  1. Monitoring

Locnest reserves the right to inspect the Website at its sole discretion and at any time, and to disclose any information necessary to comply with the law, regulations or governmental requests, in order to ensure the Website’s normal operation or to protect itself or its users in case of misuse or of violation of the law or of Locnest’s policies and regulations.

 

  1. Privacy

When you access the website, its services or when you become a client for Locnest, we gather certain personal information on you or your use of the website. Our Privacy policy describes you rights and the obligations of Locnest with regards to the collection, gathering, distribution, conservation and protection of your personal information by Locnest. Locnest handles you personal information strictly as required the applicable laws.

 

  1. Intellectual property

The information and illustrations available on the Website, including the manner in which the content is presented, as well as the underlying software incorporated in the Website or its functionalities and related tools, are protected by Canadian and foreign laws governing intellectual property and belong to Locnest, to its affiliates companies, licensors and/or persons recognized as suppliers thereof. Therefore, you agree not to reproduce, modify, distribute, transmit, display, network, market, publish, license, post on the Internet, sell, rent or otherwise exploit the Website, its contents, features or related tools. Locnest grants you a non-exclusive, non-transferable license to use and display the Website on your computer or other electronic devices for the purpose of using its related services only, as well as for reproduction, in one specimen, for a backup copy or printout, the whole for your personal and non-commercial use only.

 

  1. Exclusions and limitations of liability

The Website, its services, features and related tools are provided on an “as is” “as available” basis. Locnest disclaims any liability and excludes all warranties and conditions related to the Website, its content or functionalities. Locnest does not intervene in the contracts between the lessors and the tenants. Furthermore, Locnest is not liable, and you agree not to hold it responsible, for any loss or damage resulting, directly or indirectly, from your use of the Website, its services, features and related tools, for delays or interruptions in the Website’s operations, for virus or other malicious software received when accessing the Website, for problems and errors of any kind that may be present on the Website. Subject to the foregoing, in the event that Locnest’s liability is engaged, towards you or any third party, said liability will be limited to the greater of the two following amounts: (i) the total amount of fees you have paid to us during the twelve months preceding the event giving rise to this liability or (ii) $ 100 Canadian.

 

  1. Indemnification

You agree to defend, indemnify and hold harmless Locnest, its affiliates companies, directors, employees, agents, licensors or their successors and respective assigns from any claims or demands, liabilities, costs or expenses of any kind whatsoever, including reasonable legal fees, made by any third party as a result of a violation by you of the present Terms of Use, of your use or inability to use the Website, its services, its features or its related tools or of a violation by you of any laws or rights of a third party. You agree to cooperate with us in the defence of any claim.

 

  1. Termination

Locnest reserves the right to modify or terminate the Terms of Use hereof and/or your right to navigate and use the Website or any part thereof or its features or any part thereof, at any time, without cause and without prior notice, and, at its sole discretion.

 

  1. Governing Law

The present Terms of Use are governed by the applicable laws of the province of Quebec and by the federal laws applicable therein, without regard to the conflict of laws principles. You agree that any dispute relating to this Terms of Use or to your use of the Website, its services, features and related tools, is subject to the jurisdiction of the courts of the district of Montreal, province of Quebec, excluding any other jurisdiction.

 

  1. General

The present Terms of Use and the Privacy policy constitute the complete agreement between you and Locnest concerning the use of the Website and it replaces any other agreement, arrangement or declaration in this regard that has been established prior to this. The failure by Locnest or by yourself to exercise a right or a recourse provided by the present terms and policies or the failure to exercise such right or recourse in time, will not be interpreted as a waiver or renunciation to the said right or recourse. A right or recourse that has already been used, or has been used partially, shall not prevent you or Locnest from exercising it again. If one of the terms of the present Terms of use is illegal, invalid or unenforceable in one of the Canadian provinces or territories or if it should be declared illegal, invalid or unenforceable for any reason whatsoever, such term shall automatically be considered null and void as if it was never part of the present agreement, without affecting the validity or the application of all the other provisions.