Terms of Use

Terms of Use of the PublimaisonTM   Website

Last update:  2014, October 1st

Introductory remarks

Thank you for consulting and using the www.publimaison.ca/en website (“Website”). By accessing the Website of Publimaison Inc., a company doing business under the names of “Publimaison” and “Publimaison.ca” (“PublimaisonTM”), you (“You” or the “User”) accept all the terms and conditions of use of the Website (“Terms of Use”) set forth therein and acknowledge to be bound by them. By browsing the Website, the use of the Website with your free “My Profile” identity and/or in connection with one of the packages that You can obtain through this Website as well as the simple activation of any or all of the hyperlinks of the Website, You confirm your acceptance of these Terms of Use and your understanding of its scope is presumed. When You consult and use the Website, You agree to be bound by the Terms of Use that constitute a contractual agreement within the meaning of the law, as long as You are on the Website or bound by obligations contracted through it.

Should You not agree with the Terms of Use set out below, please immediately discontinue browsing the Website by ending your session and abstaining from creating a profile or subscribing to any service offered by PublimaisonTM.

PublimaisonTM reserves the right to revise and modify the terms of these Terms of Use at any time without prior notice. Following the posting of the modified Terms of Use, your continued use of the Website will mean that you accept any and all revised conditions. We thus encourage you to periodically review these Terms of Use.

The Website has no restrictions with regard to the users who consult or use its pages for information purposes which are accessible to the general public with, however it being agreed that the purchase of any package or service remains reserved to any User age eighteen (18) and over, unless the User under age eighteen (18) or over, unless the User under age eighteen (18) is otherwise authorized by the law or represented by an adult. Certain restrictions or specific conditions can however apply, depending on the province or territory concerned.

1. Use of the Website and acceptance of the Terms of Use

The Website addresses topics related to real estate and housing. The Website offers a platform permitting the dissemination of listings  and putting in contact different stakeholders involved in the sales or rental process of real estate (“Properties”), in particular, the sale by owners to potential buyers.

The User who places an offer of sale or to rent a Property can be an individual, a real estate broker, a an agent, a construction contractor or any other person who is the legal owner or holder of rights with regard to a Property, in particular a Property for sale or rental, to complete together all transactions, including all contractual documents and all disclosure of information necessary, in accordance with the legal requirements. In brief, PublimaisonTM does not offer any real estate brokerage service and does not intervene in any transactions. Nor does PublimaisonTM sell Properties.

The Website contains also information and data on real estate and housing-related topics, whose objective is that thematic guides, tips, information, statistics or general reports, which cannot, however, take the place, in certain cases, of the advice of professionals duly certified by associations or professional orders, be communicated by PublimaisonTM or by third parties. PublimaisonTM is not a substitute for professionals but above all offers advertising services, search tools and services for the communication of news and information on real estate and housing.

Email Communications

Publimaison, like every web-based company, uses emails to communicate and provide services to its customers.  By creating a profile, you automatically accept to receive e-mail communications from potential buyers and/or Publimaison. You may withdraw your consent at any time but, by doing so, you will stop receiving important information about your listing.


2. Restricted licence of use of the Website

For the purposes of browsing on the Website, PublimaisonTM grants to the User a restricted licence allowing the User to display on the User’s computer or to print, download or use the Website in HTML language, as well as all the texts, audio clips and video clips and any other content to which the User may access provided that such access and use is made for non-commercial and personal purposes only and provided that: (i) no content modification of the Website is made; and (ii) every copy and reproduction of the content of the Website shall carry the following copyright notice according to this restricted licence (e.g. © 2011, Publimaison Inc. All rights reserved). However, the restricted licence does not prevent the User from advertising the offer for sale or rental of any or all Properties for commercial purposes, it being agreed, however, that the User will remain responsible for providing his or her own content in the cutsheets relating to the Properties. The intellectual property rights relative to the User’s content are governed by article 6 of these Terms of Use.

PublimaisonTM also grants to the User a royalty-free, non-exclusive licence enabling the User to post simple hyperlinks that lead to the Website, notably in order to enable the User to post the listing for the sale or the rental of one or more Properties. However, the posting or use of hyperlinks leading to the Website by the User must not: (i) lead to suggest that the Website is affiliated with the website of a third party; (ii) be associated with content constituting or promoting conduct that would constitute a criminal offence, engage the responsibility of PublimaisonTM or would otherwise violate a law or regulation, which might harm or hinder the activities, credibility or reputation of PublimaisonTM or the number of users or visitors to the Website; or (iii) be associated with a website that contains, posts or transmits any material, software or information that violates or constitutes an infringement of privacy or that infringes on the intellectual property rights of third parties. Notwithstanding, the licence granted herein, PublimaisonTM reserves the right, at its sole discretion and at any time, to deny or refuse to accept the posting or use by the User of a hyperlink to the Website. You agree to remove any hyperlink that you may have to the Website at the request of PublimaisonTM.

With the exception of the restricted licence mentioned above, no other use of the intellectual property rights of PublimaisonTM is permitted without obtaining the prior written consent of PublimaisonTM. To do so, the User is invited to contact the Webmaster of PublimaisonTM at the address indicated in the following section “Notice and Communication”.

Notwithstanding the generality of the foregoing, every User of the Website agrees not to use any techniques or methods permitting or allowing the reproduction, download, transmission, distribution, division, sale, publication or modification, or any partial or complete use of the content of the Website in violation of the Copyright Act, any international treaties applying to the copyrights or other applicable legislation, notably, by using deep links or framing techniques.

In order to allow access to the Website or on-line transactions, PublimaisonTM may authorize the User to download software and/or computer applications from the Website or other Internet sources. These software and/or computer applications are protected by copyrights. Their download and use are governed by the specific licence agreements in regard to these software and/or computer applications. Should You download any such software or computer applications, You undertake to comply with the terms and conditions of the specific license agreements relating to the use of the software and/or computer application.

3. Accuracy of the information and title on the Properties

Though PublimaisonTM uses all commercially reasonable efforts to ensure the reliability of the Website and to maintain its integrity, PublimaisonTM makes no representation and cannot guarantee the quality and the legality of the Properties listed, with respect to the validity or accuracy of the descriptions made by the Users, nor with respect to the qualifications or capacity of sellers to sell a Property or of landlords to rent a Property nor with respect to the qualifications or capacity of buyers to buy them or to those of the tenants to rent them. PublimaisonTM  is not a real estate broker and does not offer any real estate brokerage service and does not intervene in the transactions between sellers and buyers or those between landlords and tenants. Each Property cutsheet shows the listing of the offer for sale or of rental by an individual without an intermediary, by a real estate broker, by a construction contractor or by any other person authorized to do so. The User is prohibited from posting more than one Property on the same listing. For more certainty, each divided or undivided unit of a condominium or apartment unit will be considered as one Property for the purposes of these terms. The cutsheet of a Property appears continuously from the moment the listing is activated by the User until the transaction relating to this Property is concluded or the cutsheet is deleted by the User.

PublimaisonTM authorizes only those Users who have a cutsheet for an active Property on the Website to use and display PublimaisonTM FOR SALE signs to sell or to rent their Property. PublimaisonTM declines all responsibility relative to the damage, theft or loss of Property signs. Insofar as You wish to replace a damaged, lost or stolen sign, you shall be responsible for the full cost. The display of a PublimaisonTM  FOR SALE sign by the User must be made in full respect of the laws and regulations and the User remains solely responsible in this regard.

4. Intellectual property

With the exception of the works of authorship licensed and/or the hyperlinks appearing on the Website, PublimaisonTM is the sole owner of all the intellectual property rights in connection with the content of the Website including, but not limited to, the articles, texts, photographs, images, illustrations, audio clips, video clips, User interface and data and database. You may not use, copy, reproduce, modify, republish, download, display, transmit or distribute in any manner whatsoever the content of the Website or the software or computer applications integrated therein.

Nothing contained in the Website shall be construed as granting you any right, title, interest or other license in or to any software embedded of integrated into the Website or made available for download from the Website, including, but not limited, to any intellectual property rights in the software.

The trademarks, in particular, the names, words, advertising slogans, logos, drawings, graphics, slogans and distinctive signs (“Trademarks”) displayed on the Website are the trademarks registered or used by PublimaisonTM or third parties. Without limiting the foregoing, PublimaisonTM is the sole and exclusive owner of the Trademarks used on the Website or, otherwise, they belong to their respective owners. The User agrees not to use the Trademarks displayed on the Website without obtaining prior written consent from their respective owners. Without limiting the foregoing, the following are the Trademarks of PublimaisonTM: “PUBLIMAISONTM”, “PUBLIMAISON and DesignTM” and “PUBLIMAISON.CATM”. PublimaisonTM may also hold other Trademarks related to names, words, slogans, logos, drawings and/or graphics that can be displayed from time to time on the Website. The User agrees to not use any of the Trademarks of Pulimaison.ca without obtaining its prior written consent.

In the event that a third-party trademark is displayed by PublimaisonTM on the Website through a hyperlink or, otherwise, the inclusion of such hyperlink by PublimaisonTM would not be construed a “use” of this trademark within the meaning of the Trade-marks Act and/or a representation from PublimaisonTM that it is an affiliate or an associated owner of such Trademark. Any User who choses to incorporate a trademark into the cutsheet of a Property must own the rights enabling them the use as owner or licence holder and remains solely responsible for the use of all trademarks in his or her Property cutsheet.

5. Profile, username and password

The User is responsible for maintaining the confidentiality of the unpublished information tied to his or her profile. The User who takes the initiative to open a personal account on the Website is responsible for taking all necessary measures to restrict access to his or her account, password and username. The User undertakes to maintain the confidentiality of the unpublished information in his or her profile as well as any password and his or her username associated with his or her profile, with it being understood that he or she cannot authorize anyone to use it/them. The User remains solely responsible for his or her personal profile and information associated with his or her Property or to his or her activities carried out through the Website. PublimaisonTM will not be held responsible for an unauthorized use of a User’s profile, save in the event of gross neglect or gross negligence. The User remains responsible for promptly informing PublimaisonTM by written notice as soon as the User has knowledge of an appropriation or unauthorized disclosure of his or her personal information so that PublimaisonTM may take the appropriate steps in a timely manner, according to the rules set out in the Privacy Policy of PublimaisonTM.

PublimaisonTM does not store any information related to Users’ passwords. Should a User lose a password, the User is required to follow the procedure available on the Website to request that his or her password be reset.

6. User-created content

You are solely responsible for the content of the cutsheet(s) of the Property/Properties that you list through the Website and You represent having all the rights required with regard to the content, which allow You, in particular, to reproduce, communicate to the public and post the content, including photographs, panoramic views, texts and descriptions of Properties. Without limiting the generality of the foregoing, the User represents and guarantees to Publimaison that there is no other contract, undertaking or licence agreement or agreement of another kind with a third party that would prevent uploading and/or communicating the photographs of the User’s property to the PublimaisonTM Website. For the purposes of these Terms of Use, the User grants to PublimaisonTM a restricted licence, free and royalty-free, enabling PublimaisonTM to reproduce, communicate to the public and post on the Website the User’s content for the duration of the listing of the User’s Properties.

The User is responsible for the accuracy and correctness of the content that the User posts and the quality of the language in a cutsheet. Though PublimaisonTM reserves the right to delete certain content (particularly sheets and listings), at its own discretion, this remains a right and not an obligation on its part. PublimaisonTM does not make any statement concerning the control of the content of the available information, given the volume and speed of transmission of the content on the Website. The User shall not use the Website to post or circulate texts that are defamatory, obscene, offensive, violent or racist or illegal material that would violate the intellectual property of others, subject to legal penalties. The User undertakes to use the services offered by PublimaisonTM while complying with the laws in force. 

Real estate brokers and real estate agents are not allowed to publish or communicate on the Website the cutsheets of their clients’ Properties appearing in the real property data base S.I.A.®/MLS® managed by Centris® or on any other similar system governed by the law or the regulations and applicable to real estate brokers and real estate agents, without having first sent to PublimaisonTM a request to transfer data that is duly completed and has been accepted by the real estate data system authorized manager or owner, in accordance with the data transfer request form made available on PublimaisonTM. Real estate brokers and real estate agents undertake to respect the laws and regulations (including their code of ethics) within the framework of their use of the Website, notably, that the content that they communicate in the Property cutsheets meets the applicable standards and norms.

7. Netiquette

As a User of the Publimaison.caTM Website, You undertake to be respectful of PublimaisonTM and other Users in the context of your use of the Website. When you own a listing package for one or more Properties, regardless of your status (individual, building contractor, real estate broker or other), You must use this package only to promote the cutsheet(s) of the Property/Properties that You own or own the rights as a duly authorized representative. You must not use the Website to: (i) conduct or send any surveys, contests, pyramid schemes or chain letters, spam; (ii) carry out hacking or any other form of computer-based attack; or (iii) carry out any other act for illegal purposes or contrary to good practices on the Internet. You are also prohibited from carrying out acts that could unreasonably impair the rights of other Users as well as to their full enjoyment of the Website.

8. Hyperlinks

The Website of PublimaisonTM may contain hyperlinks redirecting the User to external websites owned by third parties, hosted on external servers, different from the one of PublimaisonTM. The user acknowledges that, by activating such hyperlinks, the User automatically leaves the Website of PublimaisonTM. The activation of hyperlinks redirecting to external websites shall not be interpreted as an affiliation or association that may bind PublimaisonTM to the owner of the external websites’ rights.

Given that PublimaisonTM cannot exercise any control over the content of external websites, PublimaisonTM shall not be held responsible for any prejudice or damages that may result from the inaccuracy or non-conformity of the external websites’ content.

The hyperlinks accessible on the Website will enable you to access websites maintained or controlled by third parties. PublimaisonTM provides these links for your convenience but is not responsible for the content or for the use of sites concerned by these hyperlinks. PublimaisonTM expressly declines all responsibility for the acts, omissions or conduct of any third-party User of the Website or by any advertiser or sponsor of the Website. If You decide to visit or activate and use a site linked to the Website by a hyperlink or the content, material, software, products or services linked from a site that is itself linked to the Website, You do so entirely at your own risk and peril.

9. Security and Efficiency of the Website

PublimaisonTM does not guarantee the efficiency or total security of the Website and its content, though it takes reasonable commercial means to prevent the access, use, or unauthorized reproduction of the Website and its content. A hacker could manage to penetrate the server. It is thus important that you keep in mind, BEFORE USING YOUR IDENTITY AND, AS APPLICABLE, A PACKAGE, TO BROWSE THE SITE AND/OR COMPLETE TRANSACTIONS ON THE WEBSITE, that a malicious person may illegally access the Website servers and use certain personal information about You to his or her own ends or those of a third party. IN NO CASE shall PublimaisonTM, nor any of its administrators, be held accountable for acts of computer piracy, nor be blamed for any damage or loss associated with a User’s account, except in the case of gross neglect or gross negligence. The Website may have occasional outages and programming errors may be provoked temporarily by updates or events independent of the will of PublimaisonTM. Nor shall PublimaisonTM or its administrators be held accountable if a User is unable to use the Website, for whatever reason preventing such use (outage, temporary interruption, poor comprehension, defective telephone line, incompatible modem, broken cable, erroneous configuration, wrong browser, etc.).

You acknowledge that the use of bots, including “webbots”, is prohibited for any purpose whatsoever in connection with the Website.

PublimaisonTM makes no representations or warranty concerning: (i) the functionality of the Website without interruption or error; (ii) the correction of defects, inaccuracies or errors on the Website; (iii) the absence of virus or elements that are intended to damage on the Website; and (iv) the transmission of communications through the Website, securely and without interception.

You acknowledge that PublimaisonTM has no obligation to monitor the Website or any of the content accessible via the Website. However, you acknowledge that PublimaisonTM has the right to monitor the Website, at its complete discretion, and when deemed opportune, to disclose any information necessary in order to: (i) comply with any law, regulation or court order; (ii) in the interest of operating the Website properly; or (iii) protecting itself or the Users of the Website, particularly to avoid any violation of netiquette, any infringement on privacy or any act that violates these Terms of Use.

10. Confidentiality and personal information

PublimaisonTM implements all reasonable measures to ensure that its Website respects Québec and federal legislation in matters of the protection of personal information. For this reason, browsing on the Website, including on-line purchases, is governed by the Privacy Policy of  PublimaisonTM which aims, among other things, to inform the User about the type of personal information that may be collected, used or disclosed to a third party, as applicable. The Privacy Policy provides a mechanism permitting the User to access his or her personal information and to rectify, if necessary, such information. The User may access the Privacy Policy of PublimaisonTM by clicking the following hyperlink:  Privacy Policy.

11. Payment and conditions of payment

Though certain listing services offered on the Website are free of charge, PublimaisonTM offers the User the possibility of carrying out certain purchases of products and services through the Website, through the payment of a monetary consideration. The User is invited to read the Terms of Sale that govern all purchases made on the Website, at the time of the transaction. Though PublimaisonTM establishes the price of its products and services and certain terms and conditions of sale, other specific rules on the sale of products or services through the Website are established by a third party provider of electronic payment solutions whose services have been retained by PublimaisonTM, namely Desjardins (Services de cartes Desjardins (SCD)). In the event of any conflict between the terms of the Terms of Use and those of the Terms of Sale of the third party provider of PublimaisonTM, concerning the topics addressed in this clause, the terms established by the third-party provider of PublimaisonTM will have precedence.

11.1 Prices

The prices of the products and services offered through the Website are indicated in Canadian dollars, with applicable sales taxes being added to the sales price. All orders of products and/or services, regardless their origin, are payable in Canadian dollars. PublimaisonTM reserves the right to change its prices at any time without prior notice. The purchase of products or services through the Website is billed on the basis of the rates in effect at the time the transaction is completed by a User. When a product or service is purchased, approved and activated, the User cannot be reimbursed for his or her purchase.

11.2 Payment

Payment of the amount of the purchase of a product or service offered by PublimaisonTM has to be made by credit card only. The third-party provider of services of PublimaisonTM remains free to establish which credit cards are accepted. The price proposed is to be paid according to the payment procedure described during the process of registering a product or service order.

11.3 Security of payments

The Website uses a secured transaction system. Not only does it use the SSL (secure sockets layer)  encryption system, but PublimaisonTM has also reinforced the mixing and encoding procedures to protect as effectively as possible all sensistive information relating to payment.

12. Limitation of liabilities

PublimaisonTM shall not be liable for any damages, direct or indirect, howsoever caused by the Users to third parties or to any other legal entity or person in the context of the use of the Website by the latter. Without limiting the generality of the foregoing, PublimaisonTM makes no representation or warranty regarding the proper operation of the Website, its suitability for the use or the absence of errors or interruptions during its use. PublimaisonTM makes no representations or warranty that the server used to operate the Website is or will be virus-free or free of other harmful components. THE COMPONENTS OF THE WEBSITE ARE PROVIDED TO YOU “AS IS” AND WITHOUT ANY GUARANTEES, EXPRESS OR IMPLIED, OF ANY NATURE WHATSOEVER. PUBLIMAISONTM AND ITS LICENSORS EXCLUDE ALL THE WARRANTIES OR CONDITIONS REGARDING THE USE OF THE WEBSITE, WHETHER WRITTEN OR VERBAL, LEGAL OR CONVENTIONAL, INCLUDING THE GUARANTEES OF QUALITY, DURABILITY, SUITABILITY OR ADAPTATION TO A PARTICULAR USER. The exclusions set out above are in addition to the specific exclusions provided in these Terms of Use. Certain federal or provincial laws do not allow the exclusion of certain guarantees, with the result that the exclusions stated above cannot be applied in your case.

PublimaisonTM does not assume any responsibility with regard to the incapacity or inability of a User to sell or rent a Property or the failure to complete the sale or rental of a Property listed on the Website. PublimaisonTM assumes no responsibility for any other defect, failure, omission or false statement surrounding a transaction relative to a Property listed on the Website, whether before, during or after the conclusion of a transaction. The User should always check the identity of persons who enter into contact with him or her by requesting as required supporting documents and documents attesting to the capacity to act in the framework of a transaction concerning a Property.

The information, other than the advertisements, regarding real estate and housing found on the Website is made available for informational and educational purposes only. PublimaisonTM does not provide any professional advice and encourages Users who are not professionals in the sector to obtain the assistance of a qualified professional to advise them in the context of carrying out any of the steps of a transaction to sell or rent a Property.

13. Indemnification

You hereby agree to indemnify and hold harmless PublimaisonTM, its administrators and/or employees should a complaint be filed and/or legal proceedings instituted by a third party against it/them arising out of your violation of  these Terms of Use.

14. Cancellation

PublimaisonTM reserves the right, at any time and without notice, at its complete discretion, to deactivate a User’s profile or to restrict the User’s access to the Website, in the event that :  (i) the acts of the User are in violation of these Terms of Use; or (ii)  PublimaisonTM is made aware that unauthorized transactions are made or could have been made on the Website by or on behalf of the User.

15. General provisions

The Terms of Use are subject to the following General provisions:

15.1 Entire agreement

These Terms of Use and the Privacy Policy constitute the entire agreement between You and  PublimaisonTM and supercede any prior agreement concluded between You and PublimaisonTM.

15.2 Governing law and election of domicile

These Terms of Use and their interpretation, execution and effect are subject to the laws of the Province of Québec and to the applicable laws of Canada. You hereby acknowledge and agree that any litigation or dispute arising from or related to the Terms of Use of the Website shall be subject to the exclusive jurisdiction of the courts in the District of Québec, Province of Québec.

15.3 Severability

If any provision of the Terms of Use is deemed to be invalid or non-written, that provision alone will be deemed severable and shall not affect the validity of the entire document.

15.4 Force majeure

PublimaisonTM shall not be responsible for the non-performance, in whole or in part, of any of its obligations toward You, nor for any damage or losses that You could incur, were such damage or losses result from a force majeure or from circumstances beyond your control.

15.5 Interpretation

In the event that this Agreement is translated into other languages and there is a discrepancy between the original version of this Agreement and its translation, the French version of this Agreement shall prevail to the extent that such discrepancy is the result of an error in translation.

15.6 Notice and Communication

Notices that must be transmitted or those that can be transmitted pursuant to these Terms of Use must be made in writing and shall be considered validly received when sent by e-mail or by certified mail at the following address:

Customer Service
Publimaison Inc.
265, rue de la Couronne, bureau 101
Québec (Québec) G1K 6E1
Canada
 
Email: serviceclientele@publimaison.ca
  
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