EDWIX is designed to help property owners keep all documentation related to the acquisition, ownership, maintenance, repairs, services, improvements and expansions of their properties in an organized, referenced, confidential and secure manner.
EDWIX is an intuitive and flexible secure hosting software package. EDWIX’s cloud-based solution enables owners to centralise and organise all information relating to their property, including various service contracts, proofs of purchase, photos, titles, etc., via the Internet or its application.
Welcome to the EDWIX application, owned and operated by NEXONE Corporation, headquartered at 3120 Moïse-Vincent Blvd. Moïse-Vincent, suite 200, Saint-Hubert, Québec, J3Z 0C4, which is responsible for its administration (NEQ1174223207).
When used in this document with initial capital letters, in addition to the terms and expressions defined elsewhere, the following terms and expressions designate or mean :
EDWIX: EDWIX refers to the entire hosting platform, its functionalities, the website, the mobile application, the communication and notification tools, the Documentation, the product and service offers, the links with third parties, the intellectual property rights and trademarks, and without restricting the generality of the foregoing, each and every one of the current and future components and modules used to ensure the proper functioning of the application.
For the sake of clarity, the terms “EDWIX” and “Service” are used interchangeably.
NEXONE: NEXONE means the owner and administrator of EDWIX and all of its present, future and former employees, officers, directors, shareholders, parents, affiliates, agents, successors, insurers and assigns.
User: The term “User” refers to you as a client of the service, as well as any person, company, organisation or other legal entity interested in the property concerned, who accesses EDWIX, browses it, hosts documents, receives notifications and offers of products and services or who is able to access it through you.
For the sake of clarity, the terms “User”, “You”, “Owner-Depositor”, “Any interested party” and “Customer” are used interchangeably.
Proprietary Content: The term “Owner Content” means all data, files, photographs, images, deeds, scanned documents and other materials, (including financial and transactional data), records, files, works and materials, reports, forms, invoices and other such items relating to you or a property (the User), your tenants, your service providers or any other person, public body or subject hosted on EDWIX, by you or on your behalf in relation to a property, which, for the avoidance of doubt, may contain Confidential Information.
Documentation: The term “Documentation” means all documents, policies, tutorials and questionnaires provided online or otherwise for your benefit and that of Users relating to the Service.
Aggregate Data: The expression “Aggregated Data” means the Customer’s data, the Owner Content, excluding information allowing a person to be identified and the names and addresses of any person.
Confidentiel : Le terme « Confidentiel ou Confidentielle » qualifie toutes les informations que vous nous avez communiquées ou que nous vous avons communiquées et qui sont qualifiées de « confidentielles », ou désignées par un terme similaire, ou qu’une personne raisonnable considérerait comme confidentielles étant donné la nature des informations et les circonstances de leur divulgation. Nonobstant ce qui précède, les Informations confidentielles ne comprennent pas les informations qui (a) étaient déjà connues de la partie destinataire au moment de leur divulgation par la partie qui les a divulguées ; (b) ont été ou sont obtenues par la partie destinataire par un tiers dont la partie destinataire ne sait pas qu’il est tenu de respecter la confidentialité de ces informations ; (c) sont ou deviennent généralement accessibles au public autrement que par une violation du présent Contrat ; ou (d) ont été ou sont développées indépendamment par la partie destinataire sans utilisation des Informations confidentielles de la partie qui les a divulguées.
Intellectual Property: The term “Intellectual Property” means all of the following in any jurisdiction in the world, whether registered or unregistered: (a) trademarks and goodwill related to and symbolized by the use of the foregoing; (b) copyrights; (c) trade secrets and confidential know-how; (d) patents; (e) websites and domain name registrations; and f) other intellectual property and related proprietary rights, interests and protections (including all rights to sue for, recover and retain damages, costs and attorneys’ fees for past, present and future infringement, and any other rights related to the foregoing).
Terms of Use: The expression “Terms of Use” means all the terms and conditions described in this document, including pricing, for accessing and using EDWIX Services.
These EDWIX Terms of Use (the “Terms of Use”) constitute a binding bilateral agreement between you (“User”) and NEXONE with respect to your access to and use of the EDWIX Services.
You are required to READ AND ACCEPT THE TERMS OF USE before browsing or using any of the EDWIX Services. By browsing EDWIX or using any of its Services, you agree to be bound by these Terms of Use in their entirety.
This acceptance of the Terms of Use extends to and is binding upon any person, company, organisation or other legal entity interested in the property in question or which, through your intermediary, is able to access and use the EDWIX Services and on whose behalf you declare that you have the power to bind it and its affiliates, as if it had given its personal consent thereto.
Your use of the EDWIX Services and any submission or consultation of the documents hosted therein shall be deemed to constitute acceptance of the Terms of Use and any revisions thereto. Please visit this page regularly.
IF YOU DO NOT WISH TO ACCEPT THE TERMS OF USE, please immediately cease all use of EDWIX and these Services and do not consult the documents hosted on them.
The Terms of Use and the applicable fees may be modified at any time by NEXONE, without prior notice and at its sole discretion.
NEXONE reserves the right to terminate the Terms of Use and/or your browsing and use of EDWIX or any part thereof or these Services without prior notice at its sole discretion.
Your use of the NexOne website and the Terms of Use shall be governed by the laws of the Province of Quebec and the laws of Canada without regard to principles of conflict of laws. You hereby agree that any dispute relating to your use of the sites or the Terms of Use shall be submitted to the jurisdiction of the courts of the district of Montreal, Province of Quebec.
NexOne makes no representation that the Service is appropriate or available for use worldwide. If you use the Service outside of Canada, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to applicable laws is prohibited.
NexOne may give notice by means of a general notice on the Service, by e-mail to the e-mail address registered to your NexOne account, or by written communication sent by mail or otherwise delivered to your address registered with NexOne. Any such notice shall be deemed to have been given upon the expiration of 12 hours after it is sent if sent by e-mail and 48 hours after it is sent if sent otherwise. You may give notice to NexOne at any time by written communication sent by email to [email protected] or delivered by mail or otherwise delivered by a recognized courier service to the following address: NexOne Corporation, 3120 Moïse-Vincent Boulevard, Suite 200, St-Hubert, Quebec J3Z 0C4 (such notice shall be deemed to have been given when received by NexOne).
Companies, organisations and other persons pay us to offer you or otherwise show you advertisements for their products and services or Information. By accessing EDWIX, you agree that we may submit their offers and Information to you and show you advertisements that we believe are relevant to you based on your interests. We use your personal data to define the personalised advertisements and Information to be shown to you.
EDWIX gives you easy and privileged access to various suppliers, merchants, companies and other providers of products and services of interest to real estate owners (the “Third-Party Providers”).
EDWIX uses artificial intelligence to proactively identify the various needs related to real estate ownership. EDWIX reserves the right to electronically access and review Owner Content. The user consents to such electronic reading of the Owner-Content and waives the right to invoke the confidential nature of this content against NEXONE and Third-Party Suppliers.
While NEXONE uses its best efforts to ensure the security and maintain the integrity of EDWIX, NEXONE MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER ABOUT THE AUTHENTICITY, ACCURACY, VALIDITY, TRUTH OR USEFULNESS OF THE MATERIALS (the “Owner Content”) hosted on EDWIX by the Owner-Depositors.
The documents hosted on EDWIX are in no way checked by NEXONE before being uploaded. Only the Owner-Depositor chooses the documents he/she deposits (the “Owner-Content”), judges their relevance and is fully responsible for their veracity and relevance. No document hosted on EDWIX is the property of NEXONE.
We do not sell your personal information to anyone or share any personally identifiable information (such as your name, e-mail address or other contact details) with Third Party Providers. Third Party Providers give us information, such as the type of audience to whom they wish to offer their products and services, show their advertisements and Information, and we distribute these to people who may be interested. We may provide Third Party Providers with reports on the performance of their offers, advertisements and Information to help them understand how people interact with their content.
Although NEXONE endeavours to select reputable Third Party Suppliers who offer quality products and services, NEXONE MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER AS TO the quality and suitability of the goods, products and services of the various Third Party Suppliers offered to EDWIX Users.
NEXONE offers no guarantee and makes no declaration whatsoever as to the commercial practices, solvency, probity or pricing policies of the various Third Party Suppliers. It is the sole responsibility of the EDWIX User to carry out the usual checks.
EDWIX makes available information relating to real estate transactions, ownership, maintenance, repairs, services, improvements and expansions (“Information”). Despite NEXONE’s commercially reasonable efforts to judge the Information, it is provided for educational purposes only and should not be construed as an opinion, advice, recommendation or course of action. This Information is not intended to be and is not a substitute for consultation with a qualified professional, merchant, business or other service provider who is competent in the matter.
While NEXONE endeavours to select authors, Third Party Providers and reputable companies (the “Authors”) for the content of the Information found on EDWIX, NEXONE makes no warranties or representations as to the quality of such Information, its suitability or the reliability of such advice. Similarly, NEXONE does not endorse any opinion or advice expressed by the Authors. It is the sole responsibility of the EDWIX user to carry out the usual checks. Any person who uses EDWIX acknowledges that he/she does so at his/her own risk and agrees not to make any claim to the contrary.
NEXONE invites Authors to write or share existing information texts. NEXONE has received prior authorisation from the Author to publish the text. However, the intellectual property of the Information remains with the Author. NEXONE does not in any way claim ownership rights to their content or Information.
All the elements mentioned above in the definition of Intellectual Property, in addition to the graphics, images, illustrations, software and codes available on EDWIX, including the manner in which the content is presented, are protected by Canadian and foreign laws, particularly with respect to copyright, and belong exclusively to NEXONE.
EDWIX and EDWIX & DESIGN are trademarks of NEXONE or used under license. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on EDWIX may constitute trademarks of NEXONE or third parties. Nothing contained on EDWIX should be construed as granting you any license or right to use any NEXONE or third party logo, design or trademark.
The documents hosted by the Owner-Depositor remain the intellectual property of the issuer of the document. NEXONE does not claim any ownership rights to these documents.
It is forbidden for anyone to:
i) to copy, reproduce, modify, adapt, translate, download, distribute or transmit, both the Platform and the documents hosted on it by Edwix and the Owners, (“the Owner Content”) in whole or in part;
ii) engage in “screen scraping”, “database scraping”, use a robot or any other electronic means to access the EDWIX Platform, or any other activity for the purpose of collecting, storing, hosting, reorganizing or manipulating EDWIX data including the Owner Content in any form or by any method whatsoever;
iii) de vendre, de louer, de concéder sous licence ou d’utiliser autrement ces données, le Contenu-Propriétaire à des fins commerciales, publiques ou non-personnelles;
iv) de modifier, de retirer ou de couvrir quelque marque de commerce ou avis de propriété inclus dans la Plateforme ou le Contenu-Propriétaire) de décompiler, de désassembler, de décrypter, d’extraire ou de désosser EDWIX et ses composantes, incluant, notamment, la Plateforme ou le Contenu-Propriétaire ou d’aider quiconque à le faire ; ou
vi) d’utiliser EDWIX d’une manière pouvant endommager, nuire, surcharger, désactiver ou autrement altérer EDWIX ou tout service, compte, serveur, réseau, ressource, lié ou accessible à partir d’EDWIX.
De même qu’il est interdit d’Introduire un virus, des pourriels, des chevaux de Troie ou toutes autre technologie malveillante ou de nature à porter atteinte à EDWIX et/ou son propriétaire, à ses biens ses intérêts ou à tout Utilisateur.
iii) sell, rent, license or otherwise use such data, Owner-Content for commercial, public or non-personal purposes;
iv) modify, remove or cover any trademark or proprietary notice included in the Platform or the Owner-Content) decompile, disassemble, decrypt, extract or reverse engineer EDWIX and its components, including, without limitation, the Platform or the Owner-Content, or assist any other person to do so; or
vi) use EDWIX in any manner that could damage, harm, overburden, disable or otherwise impair EDWIX or any service, account, server, network or resource connected to or accessible through EDWIX.
It is also forbidden to introduce viruses, spam, Trojan horses or any other malicious technology or technology of a nature to harm EDWIX and/or its owner, its property, its interests or any User.
EDWIX allows the Owner-Responder to host their Owner-Content. The latter is entirely responsible for the quality and accuracy of the Owner-Content. Owner-Content must not violate or infringe upon the rights of others, including intellectual property rights, confidentiality rights and rights to protect personal information and privacy (“Personal Information”), contravene any law, regulation or government order, violate any other applicable third-party use policy, including any policy related to the use of a mobile application or related to a service accessible on EDWIX, where applicable, or constitute false, misleading or otherwise illegal information.
It is also forbidden to introduce viruses, spam, Trojan horses or any other technology that is malicious or of a nature to harm EDWIX and/or its owner, its property, its interests or any User.
EDWIX is offered as is for your personal use, and according to its availability. You agree not to use EDWIX for purposes of harassment or abuse, to send spam or other undesirable communications, particularly for commercial purposes, or to transmit messages whose content may be illegal, defamatory, obscene, abusive, threatening, aggressive, abusive, discriminatory or otherwise reprehensible.
You agree to use EDWIX responsibly and for the purposes for which it is offered. In particular, the following actions or behaviour are prohibited:
NEXONE reserves the right to restrict or terminate your rights to use the Website in the event of any breach of these rules or any non-conforming use of EDWIX.
You must notify us immediately of any known or suspected unauthorized use of your account or any EDWIX Service or any breach of its security that may result in unauthorized use, and you must use your best efforts to correct any such breach.
When you host the Owner-Content on EDWIX, you grant NEXONE an unlimited, irrevocable, non-exclusive, perpetual, worldwide licence free of charge :
i) to store, distribute, reproduce, use, adapt, transmit, broadcast or make available to the public the Owner-Content for any purpose; and
ii) to sub-license to third parties the unlimited right to exercise any of the aforementioned rights.
By joining EDWIX, and in order to be able to use it, you agree to create a Customer Account in which you enter Personal Information. You are responsible for taking reasonable steps to prevent unauthorized access to EDWIX, including protecting your passwords and other account information.
You consent to having your name, address and e-mail address associated with your Owner-Content and, where applicable, you consent to the disclosure and/or display of such content and any other personal or confidential information about you or any third party in your Owner-Content.
You acknowledge and agree that NEXONE will not be liable for any loss, damage or corruption of your Owner-Content, and acknowledge and agree that any material you transmit for hosting on EDWIX or submit to EDWIX will be considered non-confidential.
Many of the interactions Users have with EDWIX enable us to learn more about them. We assemble and store data on their activities on a collective basis. We gather information on traffic and usage. This data enables us to identify problems with our servers, to better manage EDWIX and to improve relations with Users. For example, we calculate the number of people who view each page in order to keep abreast of the most popular subjects. In this type of situation, information that can be identified and relates to an individual is neither required nor saved for future use.
EDWIX uses cookies, which are text files placed on your computer. EDWIX also uses the services of specialised companies that use technologies that enable them to collect information about, among other things, your browser, your system, your preferences, your browsing habits and your IP address.
Cookies and other technologies are used to personalise your use of the site, to measure the effectiveness of its advertising, to determine the behaviour of visitors to its sites, to carry out targeted marketing and to optimise navigation on its sites. In addition, the terms of use and privacy policies of the service providers with whom EDWIX does business for the purposes mentioned in this paragraph apply to your browsing and use.
You may deactivate the use of cookies by selecting the appropriate settings on your browser. However, such deactivation may prevent the use of certain EDWIX functionalities.
The confidentiality and security of your Personal Information is important to NEXONE. That is why we have adopted Privacy Principles and implemented controls to ensure that we protect your Personal Information and your privacy in accordance with applicable laws.
You acknowledge and consent that your Personal Information may be used by EDWIX in accordance with our Privacy Policy.
Our Privacy Policy explains how we collect and use your personal data in order to define the proposals, advertisements and Information that you see and to provide you with all the services described below.
See article 13
or
27. Authorize Partner Solicitation – By subscribing to the EDWIX Service, you consent to the disclosure of your name, address and e-mail address to Third-Party Providers so that they may, in accordance with the rules and frequency established by NEXONE*, communicate with you by e-mail, text message, telephone, notification or mail or otherwise to offer you products and services in accordance with our Privacy Policy.
or
By subscribing to the EDWIX Service, you consent to your name, address and e-mail address being communicated to Third-Party Suppliers so that they may, in accordance with the rules and frequency established by NEXONE*, communicate with you via our notifications or other means at our disposal to offer you products and services, all in accordance with our Privacy Policy.
* If we allow unsolicited communications from Third-Party Suppliers, should we provide express consent to comply with Canada’s Anti-Spam Legislation and the Telecommunications Act?
EDWIX contains links to third-party companies (the “Third-Party Sites”) that take you away from the EDWIX Browsing Platform. NEXONE provides these links for your convenience. The Third Party Sites are not under the control of NEXONE and the links may not be interpreted as an approval or endorsement of their content by NEXONE.
The link must allow the opening of a new full-screen browser window, occupied solely by EDWIX pages. It is strictly forbidden to frame or modify the Content using any technology or other means that may change its appearance.
NEXONE is not responsible for the content of Third-Party Sites, the links contained therein, or any changes or updates made to them, and NEXONE offers no guarantee in this respect.
Please note that Third-Party Providers and other third parties may also place cookies or web beacons on certain EDWIX pages, collecting some of your Navigational Information, in particular, when you click on their advertisements or links to their websites or Services on EDWIX.
These Terms of Use do not apply to third party websites or Third Party Providers. We are not responsible for the practices of these partners and other third parties with respect to the protection of your Personal Information, the use of cookies and other online tracking tools. We therefore encourage you to consult the policies of these other entities for more information on this subject.
The EDWIX Services are provided “AS IS” and “AS AVAILABLE”. Your browsing and use of EDWIX is at your own risk. NEXONE makes no representations or warranties with respect thereto and assumes no responsibility for any incorrect, misleading, offensive or illegal content.
NEXONE assumes no responsibility for any major event resulting in partial or complete interruption of the EDWIX Services or from any third party whose activities are essential to the proper functioning of EDWIX.
NEXONE, its affiliates, agents, assignees and their directors and employees cannot under any circumstances be held responsible for damages of any kind, whether direct, indirect, special or incidental, resulting from the use, performance, operation, navigation, planned downtime for maintenance, non-accessibility or partial or definitive interruption of the EDWIX service, even if the possibility of damages was known to them.
The same applies to any unavailability caused by circumstances beyond our reasonable control, such as, but not limited to, force majeure, governmental acts and decisions, technical failures beyond our reasonable control (including inability to access the Internet), or acts undertaken by third parties, including distributed denial of service attacks, ransomware or other types of threats or invasions. We will use commercially reasonable efforts to provide you with advance notice of planned service interruptions and restoration.
NEXONE, its affiliates, agents, assigns, and their officers and employees assume no responsibility for the acts, omissions, Proprietary Content, or Information of any third party, and shall not be liable for any loss, damage, or injury arising from any third party.
You agree to indemnify, defend and hold NEXONE, its affiliates, agents, assigns, and their respective directors and employees harmless from and against any and all claims, demands, liabilities, costs or expenses of any nature whatsoever, including without limitation legal fees and disbursements, resulting directly or indirectly from:
i) your breach of the Terms of Use;
ii) your browsing, use or inability to browse on or use EDWIX and/or the Services or any site to which EDWIX is or may be linked from time to time;
iii) your use of, or reliance on, publications, communications, distributions or downloads of any kind through EDWIX and/or the Services; and/or
iv) your violation of any applicable law or regulation. You agree to cooperate with us in the defence of any claim.
NEXONE reserves the right, but has no obligation, to monitor Proprietary Content hosted on or accessed through EDWIX, in its sole discretion, and to disclose any information as necessary to satisfy any law, regulation or governmental request, to operate EDWIX properly or to protect itself or its users. NEXONE may remove your Proprietary Content or terminate, limit or suspend your access to EDWIX for any reason.
NEXONE reserves the right, at its sole discretion, to refuse a link at any time. You agree to remove any link to EDWIX at NEXONE’s request.
Failure to pay the fees due will automatically, and without the need for prior notice, result in closure of the account and withdrawal of the access rights conferred.
Paragraph headings are used solely for ease of reference within the text.
The Terms of Use and your use of EDWIX and the Services shall be governed by the laws of the Province of Quebec and the laws of Canada without regard to principles of conflict of laws.
You hereby agree that any dispute arising out of or relating to your use of EDWIX or the Services, or the Terms of Use, shall be submitted to the jurisdiction of the courts of the district of Montreal, province of Quebec.
If you have any questions or comments about using EDWIX and its Services, please Contact Us. We listen to your comments so that we can always offer you an efficient, high-quality service.
Version dated 04/01/2023
An Act to enact the Consumer Privacy Protection Act, the Personal Information and Data Protection Tribunal Act and the Artificial Intelligence and Data Act and to make consequential and related amendments to other Acts.
(1) An organization is responsible for personal information under its control.
(2) Personal information is under the control of the organization that collects it and determines the purposes for which it is collected, used or disclosed, whether the organization collects, uses or discloses the information itself or has a service provider do so on its behalf.
8 (1) An organization must designate one or more individuals to be responsible for matters relating to the organization’s obligations under this Act. The business contact details of the designated individuals shall be provided to any person by the organisation on request.
(2) The designation of an individual under subsection (1) does not relieve the organization of its obligations under this Act.
9 (1) An organization shall implement and maintain a privacy management program that includes the policies, practices and procedures that the organization has in place to comply with its obligations under this Act, including policies, practices and procedures relating to :
a) the protection of personal information
b) receiving and processing requests for information and complaints;
c) the training and information provided to its personnel with respect to its policies, practices and procedures;
d) the development of content explaining its policies and procedures.
15 (1) Except as otherwise provided in this Act, an organization that collects, uses or discloses personal information must first obtain the valid consent of the individual to whom the information relates.
(2) A valid consent must be obtained no later than the time the personal information is collected or, in the case of information that will be used or disclosed for purposes other than those identified and recorded by the Commission under subsection 12(3), before it is used or disclosed for those other purposes.
(3) A consent is not valid unless the organization first provides the individual with the following information:
(a) the purposes for the collection, use or disclosure of the personal information, as identified by the organization and recorded under subsection 12(3) or (4);
(b) the manner in which the personal information will be collected, used or disclosed; and
(c) the reasonably foreseeable consequences of collecting, using or disclosing the personal information;
(d) the specific type of personal information that the organization will collect, use or disclose;
(e) the names of third parties or categories of third parties to whom personal information may be disclosed.
(4) An organization must provide the information referred to in subsection (3) in language that is clear and reasonably understandable to an individual affected by the organization’s activities.
(5) Consent must be expressly obtained, except where, subject to subsection
(6) It is appropriate to presume the implied consent of the individual having regard to the sensitivity of the personal information to be collected, used or disclosed and the reasonable expectations of the individual.
(6) It is not appropriate for an organization to presume the implied consent of an individual when collecting or using the individual’s personal information for an activity referred to in subsection 18(2) or (3).
(7) An organization shall not, as a condition of the supply of a product or service, require an individual to consent to the collection, use or disclosure of personal information that is not necessary for the supply of the product or service.
(16) The Organization shall not use deceptive or misleading practices or provide false or misleading information to obtain, or attempt to obtain, consent. Any consent obtained in this way is not valid.
62 (1) An organization must make readily available, in plain language, information explaining the policies and practices that it has put in place to meet its obligations under this Act.
(2) In this regard, the organization shall make the following information available:
(a) a description of the type of personal information that is under the control of the organization; and
(b) a general account of how the personal information is used and how the organization applies the exceptions to the requirement to obtain the consent of an individual set out in this Act, including a description of the activities referred to in subsection 18(3) in which the organization has a legitimate interest; and
(c) a general explanation of its use of automated decision-making systems to make predictions, recommendations or decisions that could have a significant impact on the individuals concerned;
(d) whether it transfers or discloses personal information interprovincially or internationally that could have a reasonably foreseeable impact on privacy;
(e) the retention periods established for sensitive personal information;
(f) the manner in which a request for the removal of personal information may be made under section 55 or a request for access to personal information under section 63; and
(g) the business contact details of the individual to whom requests for information and complaints may be sent.
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