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TERMS AND CONDITIONS

These terms and conditions govern the use of this site https://pmml.ca/portail/.

This site is owned and operated by PMML Inc. hereinby “PMML

By using this site, you indicate that you have read and understand the terms and conditions of use and that you agree to abide by them at all times. 

Type of site: Customer Portal

Introduction

PMML has created this Customer Portal so that you can file all the information and supporting documents necessary to fulfill the mandate you have given to our PMML brokers, according to the brokerage contract you have duly signed.

Intellectual property

All content published and made available on this site is the property of PMML and its creators. This includes, but is not limited to, images, texts, logos, documents, downloadable files and everything that contributes to the composition of this site.

Age Restrictions

The minimum age for use of this site is 18. Users agree that by using our site, they are over 18 years of age. We assume no legal liability for misrepresentation of age.

Acceptable Use

As a user, you agree to use our site lawfully and not to use this site for any unlawful purpose, namely: 

• Harass or abuse other users of the site;

• Violate the rights of other users of the site;

• Violate the intellectual property rights of the site owners or any third party to the site;

• Hack into the account of another user of the site;

• Act in any manner that could be considered fraudulent;

• Participate in any illegal activity on the site;

• Defame, abuse, intimidate, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have received all necessary consents;

• Upload files that contain viruses, corrupted files or similar software or programs that may damage the operation of another’s computer;

• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages;

• Conduct or share surveys, contests, pyramid schemes or chain letters;

• Download any file posted by another user of the Customer Portal that you know, or reasonably should know, cannot be legally distributed in such manner;

• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other content in a file that is uploaded;

• restrict or inhibit any other user from accessing and enjoying the Customer Portal;

• Violate any code of conduct or guidelines that may be applicable to a particular Communication Service;

• Harvest or otherwise collect information about others, including e-mail addresses, without authorization;

• violate any applicable law or regulation.

If we believe that you are using this site illegally or in a manner that violates the above acceptable terms of use, we reserve the right to limit, suspend or terminate your access to this site. We also reserve the right to take any legal action necessary to prevent you from accessing our site. 

Use of Your Information – Mortgage Brokerage / Financing

All of your personal, financial, real estate and business information (hereinafter the “Financial Information“) will be accessible to PMML’s mortgage broker(s) with whom you have signed a brokerage contract as well as the administrative staff of the mortgage department in order to obtain a complete analysis of your financial and real estate profile. Only the information required to meet the conditions of the lender(s) and to manage your file will be requested. As per the requirements of the industry, the information and documentation to be provided could include, but is not limited to:

• Your social insurance number;

• Your real estate portfolio;

• Your personal financial statement;

• Your business financial statements;

• Your income tax return;

• Your bank statement;

• Your investment statements;

• Your proof of employment;

• Your net worth;

• Promise to purchase and its annexes;

• Certificate of location and cadastral plan;

• Leases and renewals / Summary of rents;

• Most recent insurance policy statement;

• Electricity statement for the past year;

• Fuel statement for the last year;

• Building related invoices (snow removal, internet, landscaping, etc);

• Lease agreements;

• Environmental report (Phase 1, 2);

• Construction and project completion documents.

Use of Your Information – Real Estate Brokerage / Sale and Rental

All the information you provide us regarding your property (hereinafter the “Real Estate Information“) will be accessible to PMML’s real estate broker(s) with whom you have signed a brokerage contract as well as the administrative personnel of the real estate department in order to complete an analysis of your property and to promote it on the market. The Real Estate Information will also be available to any potential buyer with whom a promise to purchase has been accepted, as part of the due diligence process. Only the information necessary for the management of our files will be requested. As per the requirements of the industry, the information and documentation to be provided could include, but is not limited to:  

• Certificate of location and cadastral plan;

• Leases and renewals / Summary of rents;

• Most recent insurance policy statement;

• Electricity statement for the past year;

• Fuel statement for the last year;

• Building related invoices (snow removal, internet, landscaping, etc);

• Lease agreements;

• Environmental report (Phase 1, 2);

• Construction and project completion documents.

Portal Accessibility

Access to the portal takes effect upon acceptance of this agreement and remains valid until the earliest of the expiration of your brokerage contract or the signing of the notarized deed. Access will be revoked in the event of a cancellation of the brokerage contract or a written request from you.

Limitation of Liability

You agree that under no circumstances, including, but not limited to, negligence, shall PMML or its representatives be liable to you for any direct, indirect, incidental, consequential, special, punitive or exemplary damages, even if an authorized representative of PMML has been specifically advised of the possibility of such damages arising out of the use or inability to use the site or any link or feature contained in the site or any provision of the terms of use, such as loss of revenue, anticipated profits or loss of customers. This limitation of liability includes, but is not limited to, the transmission of any viruses that may infect a user’s equipment, cause failure of a user’s mechanical or electronic equipment or communication lines and result in unauthorized access or any force majeure. PMML does not warrant or guarantee continuous, uninterrupted or secure access to the Site. Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. 

Indemnity

As a user, you hereby indemnify PMML from and against any and all liability, costs, causes of action, damages or expenses arising out of your use of this site or your breach of any of the provisions set forth herein.

Consent

The collection of your Information is done in accordance with the privacy legislation applicable to Quebec institutions. For more information, please visit http://www.cai.gouv.qc.ca/.

Applicable Laws

This document is subject to the applicable laws of Canada and is intended to comply with its necessary rules and regulations. 

For EU residents, the GDPR is the applicable law governing this document. In the event of any inconsistency between any provision of this document and the GDPR, the rules of the GDPR shall prevail. 

Severability

If at any time any of the provisions set forth in this document are found to be inconsistent or invalid under applicable law, such provisions shall be deemed void and shall be removed from this document. All other provisions shall not be affected by such laws and the remainder of this document shall continue to be considered valid.

Changes

These terms and conditions may be amended from time to time to maintain compliance with the law and to reflect any changes to the way we operate our site and the way we expect users to behave on our site. We recommend that our users check these terms and conditions from time to time to ensure that they are aware of any updates. If necessary, we will notify users by e-mail of changes to these terms and conditions or post a notice on our site.

Representations and Warranties

You represent, warrant and covenant that:

i) you have the power and authority to agree to this User Agreement 

ii) you may enter into agreements enforceable under applicable law; 

iii) you will not use the rights granted herein for any unlawful purpose, and

iv) you will use the Site only as directed

Contact

Please contact us if you have any questions or concerns. Our contact information is as follows:

(514) 360-3603 

[email protected] 

774 Rue de Saint-Paul West, Montreal, QC H3C 1M5

Date d’entrée en vigueur : le 28 mars 2023