PART 1 — TERMS OF SERVICE

 

1. Overview and Acceptance

 

These Terms of Service and conditions of use (“Terms”) for nesto Signature constitute a legal agreement and are entered into by and between you and nesto Inc. (“nesto”, “we”, “us”, “our”).

The following Terms, together with our Privacy Policy, govern your access to and use of nestosignature.ca (the “Site”) and any services rendered or made available through the Site, including your interactions with us in the course of your use thereof, whether by phone, email, online chat, or otherwise. Together, the Site and any services rendered or made available through the Site will be referred to as the “Services”.

These Terms do not extend to websites, mobile applications, or other services of third parties. We are therefore not responsible for their terms of use, privacy policies, procedures, or practices.

BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SITE.

You represent and warrant that you are over the age of 18. We do not permit individuals under the age of 18 to use our Services. If you are under the age of 18, please refrain from using the Site or Services.

2. Changes to These Terms

 

We may update these Terms from time to time. Any changes will be posted on the Site with an updated date. Your continued use of the Services after updated Terms have been published constitutes your acceptance of the revised Terms. If you disagree with any changes, you must cease using the Services.

3. nesto Signature’s Role

 

nesto Signature is a partnership and referral program operated by nesto for licensed financial advisors and their clients. Through nesto Signature, financial advisors may refer clients to nesto for mortgage-related products and services.

The Site and its content are provided for informational purposes only and do not constitute legal, tax, investment, financial, or mortgage advice. Any mortgage products, services, recommendations, or approvals are provided by nesto and/or the applicable licensed mortgage professionals, and may be subject to separate agreements, disclosures, and terms and conditions.

Information regarding mortgage products, rates, and third-party lenders may be made available through the Services for informational purposes only. While nesto strives to keep such information current, nesto does not guarantee its accuracy, completeness, or availability and disclaims liability for any reliance placed on such information.

4. Accounts

 

To participate in the nesto Signature referral program, financial advisors must submit their contact information through the registration form provided by nesto. Upon approval, nesto will create an account on the advisor’s behalf and provide the necessary login credentials.

You must provide accurate, complete, and current information when submitting the registration form and promptly notify us of any changes to your information. You are responsible for maintaining the confidentiality of your login credentials and for all activity conducted through your account.

We reserve the right to suspend, disable, or terminate any account at any time, with or without cause, at our sole discretion.

5. Conditions of Use

 

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable federal, provincial, or local law or regulation;
• Copy, reproduce, or distribute any content from the Site without our prior written authorization;
• Use the Site in any way that could damage, disable, or impair its infrastructure or interfere with other users’ access;
• Upload or transmit harmful files, viruses, or malicious code;
• Use automated scripts, bots, or scrapers to extract information from the Site;
• Use the Site in any manner that is defamatory, abusive, threatening, obscene, or otherwise objectionable;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Use the Site in any manner that dilutes or damages the reputation of nesto or nesto Signature.

6. Communications

 

By registering or submitting an inquiry through the Site, you consent to receiving communications from nesto and its representatives by telephone, email, text message, or other means, subject to applicable law. You may opt out of marketing communications at any time by using the unsubscribe mechanism in written communications or by informing us verbally. Operational and compliance communications may still be sent as required.

7. Privacy

 

We are committed to protecting your personal information. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms. By using the Site, you consent to the practices described in our Privacy Policy.

8. Intellectual Property

 

All content on the Site, including text, graphics, logos, and the “nesto Signature” name and mark, is the intellectual property of nesto Inc. or its licensors. You may not copy, reproduce, modify, distribute, or create derivative works from any content on the Site without our prior written consent. Any feedback you provide regarding the Services is assigned to us, and we may use it freely without restriction or compensation.

9. Third-Party Links

 

The Site may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of any third-party sites. Access to third-party sites is at your own risk and subject to their own terms and conditions.

10. Disclaimer of Warranties

 

WE HEREBY EXCLUDE ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES REGARDING THE SITE AND THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE ANY PARTICULAR LEVEL OF UPTIME OR AVAILABILITY OF THE SERVICES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

11. Limitation of Liability

 

WITH THE EXCEPTION OF INTENTIONAL WRONGDOING OR GROSS NEGLIGENCE, NESTO INC. SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY OR RELATED TO THE SERVICES, INCLUDING LOST TIME, LOSS OF DATA, LOSS OF REVENUE, LOSS OF PROFITS, OR LOSS OF BUSINESS OPPORTUNITIES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

12. Indemnification

 

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless nesto Inc., its affiliates, directors, officers, employees, agents, and contractors from and against any claims, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from your breach of these Terms or your use of the Site.

13. Termination

 

We may terminate these Terms and your access to the Services at any time, with or without cause. You may terminate these Terms at any time by ceasing to use the Services. Termination does not affect any mortgage agreements or other contracts separately concluded with us or with third-party lenders.

14. Governing Law and Forum

 

These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of the Province of Quebec and/or the Federal Court of Canada.

15. General Provisions

 

Entire Agreement

These Terms constitute the entire agreement between you and nesto regarding the Site and Services, and supersede all prior agreements on the same subject matter.

Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver

No failure or delay in exercising any right under these Terms constitutes a waiver of that right.

Assignment

You may not assign your rights under these Terms without our written consent.

Survival

Sections 8, 10, 11, 12, and 14 survive termination of these Terms.

Status of Parties

These Terms do not create any relationship of employment, partnership, agency, trust, franchise, or joint venture.

16. Contact

 

For general inquiries: nesto Inc., 2200 rue Stanley, Montréal, Québec H3A 1R6 | Email: legal@nesto.ca