LAST UPDATED: 2015-11-23
The Site belongs to 9217-8037 Québec inc. (hereafter “9217”) and its purpose is to provide visibility to Advertisers (defined below) who wish to rent or sell Property (defined below). 9217 in no way intervenes in any rental or sales agreement whatsoever between the Advertiser and the Visitor (defined below). As such, you acknowledge that 9217 is not acting a real estate agent and does not offer any real estate brokerage services.
These Terms govern your use of all the features on the Site as provided by 9217. Please take the time to carefully read all the Terms because they contain the terms and conditions affecting your use of the Site or your navigation on the Site.
For the purposes hereof, the following definitions apply:
1.1 Ad Content: means any content that the Advertiser uploads, publishes, issues, transmits or includes in its Advertisement, such as any text, photo, image, graphic element, video or link to another website.
1.2 Advertisement: means any content published on the Site that describes, promotes or gives information about a property for the purpose of renting or selling it to a third party.
1.3 Advertiser: means any physical or legal person that enters into an agreement with 9217 to publish an Advertisement on the Site for the purpose of selling or renting any property, as well as any person identified or appointed by the Advertiser to act on its behalf.
1.4 Content: means any text, graphic element, image, photo, music, audio, video, etc. on the Site, which may include Ad Content.
1.5 Loss: means all losses (including diminished value), obligations, damages, costs, fees, reasonable professional or other fees, charges, fines, penalties or assessments arising from any claim, including any related costs and disbursements of any judgment, claim, legal proceeding, demand, order, assessment, settlement or transaction as well as all interest.
1.6 Member: means all the Visitors and Advertisers who have an account on the Site.
1.7 Package: means the type of advertising on the Site that an Advertiser purchases from among the available advertising packages.
1.8 Property: means any type of accommodation that is the subject of an Advertisement on the Site by an Advertiser.
1.9 Visitor: means any person who consults or navigates on the Site, any person who contacts an Advertiser through the Site after consulting or navigating on the Site in order to reserve or purchase an advertised Property as well as any person who stays in a Property, except for the Advertiser.
9217 reserves the right, at its sole discretion, to change the Site and the Terms at any time without notice. As soon as any changes are made to the Terms, 9217 undertakes to change the date of the last update that appears above. By continuing to navigate on the Site, you agree to be bound by the Terms, including any change that has been made; otherwise, your only recourse is to discontinue using the Site.
3. SUSPENSION AND RESTRICTION OF ACCESS TO SITE
Should you fail to comply with the Terms, 9217 reserves the right to suspend or terminate your Advertisement and to limit your access to the Site, without notice and without prejudice to any other right that 9217 may have.
Only those persons 18 years or older and who have the legal capacity to enter into a binding contract may use the Site. Any access and use of the Site by any person under 18 years of age is strictly prohibited. By accessing and using or navigating on the Site, you represent and warrant that you are 18 years or older.
5. PURPOSE OF SITE
The purpose of the Site is to facilitate the delivery of Advertisement and to initiate contact between an Advertiser and a Visitor. By navigating on the Site as a Visitor, you may consult the Advertisements and initiate contact with an Advertiser, even if you are not a member of the Site. To become a member of the Site you must register through a Facebook account and follow the procedure indicated in Part 7 of the Terms. Once you are a Member, you will have access to certain functions, such as a favourites list.
Moreover, if you wish to create and publish an Advertisement, you must follow the procedure provided in Part 8 of the Terms.
9217 is not the owner, operator or lessor of any Property whatsoever that appears or is advertised on the Site. Furthermore, 9217 is not a mandatory, contracting agent, insurer, manager or representative of the Advertiser or Visitor. Accordingly, 9217 does not possess, sell, resell, provide, rent, sublet, manage and/or control any Property that appears or is advertised on the Site.
9217 does not in any way intervene in the contractual relationship between the Visitor and the Advertiser.
6. RELATIONS BETWEEN 9217, VISITOR AND ADVERTISER
6.1 Neutral Platform
9217 only provides a platform for an Advertiser on which the latter is solely responsible for the Content. By creating and distributing any Advertisement, the Advertiser undertakes that all Content it uploads or publishes on the Site is compliant with all applicable laws, including, without limiting the generality of the foregoing, any laws pertaining to intellectual property, publicity and privacy rights. Each Advertiser is solely responsible for writing and creating its own Ad Content.
6.2 Purchasing or Renting a Property
The Site allows a Visitor to contact an Advertiser by email or telephone. The purchase or rental of any Property is carried out solely between the Advertiser and Visitor, to the exclusion of 9217. Any discussion, negotiation, promise or agreement regarding to any conditions whatsoever relating to the purchase or rental of any Property is carried out directly between the Advertiser and Visitor, to the exclusion of 9217.
The Visitor and Advertiser accept and agree that 9217 will at no time intervene in the purchase or rental of the Property.
6.3 Terms of Payment and Terms and Conditions of Purchase or Rental
The Advertiser and Visitor agree, to the exclusion of 9217, to the terms of payment and the terms and conditions to purchase or rent any Property, such as included services, cash deposit or cancelling the agreement. 9217 is not liable for any of the terms provided under the agreement entered into between the Visitor and the Advertiser.
The terms for confirming a reservation will be determined directly between the Advertiser and the Visitor. Both the Advertiser and Visitor acknowledge that 9217 will not at any time intervene in the transaction.
For any claim, request to cancel or for a reimbursement, the Visitor must contact the Advertiser directly; 9217 is not responsible in this respect.
7. REGISTERING VIA FACEBOOK ACCOUNT
In order to use certain parts of the Site, you will need to open a session with your Facebook account. If you do not have a Facebook account, you must first open an account with Facebook at: https://www.facebook.com. Please read the terms and conditions regarding third-party websites provided under the Terms.
7.1 Accuracy of Information Contained in Your Facebook Profile
You hereby attest that the information contained in your Facebook profile, such as your first and last names and email address, is accurate and up-to-date. If any information in your Facebook account subsequently changes, you undertake to update that information using the Facebook account management tools.
7.2 Access to Information Contained in Your Facebook Profile
By opening a session on the Site with your Facebook account, you agree to give us access to the information contained in your Facebook profile and that we can write content on your wall when you share certain Advertisements with your friends via Facebook. You also consent to us saving your Facebook access token, which will allow us to access, as needed, certain information contained in your profile if, for example, we are required to reveal your identity to any legal authorities.
7.3 Your Account Activities
You are solely responsible for any activity on the Site from your Facebook account, including any activity made by a third party using your Facebook account, with or without your consent, or from a computer from which your Facebook account is accessible or available. If you have reason to believe that your Facebook account is accessible to a third party without your consent, you must change your password using the Facebook account management tools.
6.4 Limitation of Liability
Please note that your relationship with Facebook is governed solely by your agreement with that service provider.
The terms and conditions for creating and displaying an Advertisement on the Site are specifically provided under the Advertising Services Agreement. Subject to the terms and conditions provided under that agreement, the Advertiser may display its Advertisement on the Site.
8.1 Creating an Advertisement
To create an Advertisement, simply click on the tab “List your property” on the Site's home page. Next, choose a Package by clicking on the one that most interests you. You will then be required to complete an information form. Lastly, before your Advertisement can be displayed, you will be required to fully pay the fees for the chosen Package. Subject to the terms and conditions of the Advertising Services Agreement as well as the Terms, the Advertisement will be published on-line on the Site.
8.2 Information Regarding the Property
To be advertised on the Site, a Property must have a valid civic address. Additional information that may be requested regarding your Property includes its location, capacity, size, features, availability as well as the estimated rental price or sale price of the Property.
8.3 Advertised Prices
The Advertiser acknowledges and agrees to respect the price appearing in its Advertisement. Once a Visitor has reserved a Property, the Advertiser may not ask the Visitor to pay a price higher than that initially agreed to between the Advertiser and Visitor. The Advertiser also agrees that all advertised prices will be in Canadian dollars (unless otherwise indicated). The Advertiser is solely responsible for ensuring the accuracy of any advertised price.
8.4 Limitation of Liability
The Advertiser is solely responsible for all tax obligations arising from the rental or sale of a Property through an Advertisement.
The Advertiser is responsible, to the exclusion of 9217, for ensuring that the photos or images of the Advertisement accurately represent the Property. As such, it warrants that it will not use any images or photos published in its Advertisement as soon as such images or photos no longer accurately represent the Property.
Committed to offering quality content to Visitors to the Site, 9217 reserves the right to monitor all Content published on the Site to ensure that it complies with the Terms hereof. You hereby consent to such monitoring. Notwithstanding the foregoing, 9217 does not represent or warrant that the Site will be monitored to determine compliance with the Terms or that it will take any action in the event of any dispute regarding compliance with the Terms.
The Advertiser is solely responsible for the Content that it publishes on the Site and by publishing such Content, it represents and warrants that does not infringe any intellectual property rights, such as any copyright, trademark, trade secret or other right that may belong to a third party. As such, it warrants to 9217 that it has obtained all required approvals to use and publish the Content and that such approvals were given by the holder of the title to the Property, accommodation and/or copyright that is the subject of the Content or by any persons authorized to grant rights for and on behalf of the holder of the title to the Property, accommodation and/or copyright that is the subject of the Content, as the case may be.
10.2 Restrictions to Content
You hereby undertake to comply with the following requirements regarding the Content that you may publish on the Site:
10.2.1 Solicitations, Advertisements or Spam
Except for the Content of any Advertisement, all Content that any reasonable person would consider to be an advertisement, business offer, spam or any other form of solicitation is strictly prohibited.
10.2.2 Crude, Obscene or Vulgar Content
You undertake not to publish any Content that, in the opinion of a reasonable person, would be crude, obscene, indecent or vulgar. Moreover, you undertake not to publish any Content that is sexually explicit or that offends public morals.
10.2.3 Discrimination, Cyberbullying or Defamation
9217 is committed to respect the physical and moral integrity of the person. Accordingly, you undertake not to publish any Content that, in the opinion of a reasonable person, would infringe a person's privacy or a person's physical or moral integrity or constitute content that is defamatory, abusive, racist, homophobic, violent, hateful or threatening. Moreover, you undertake not to publish any Content on the Site that discriminates against any religion or spiritual belief or any particular person or group of persons.
10.2.4 Content Inciting Social Unrest or Criminal Activity
9217 wants the Site to be a platform where all exchanges are polite and respectful. As such, you undertake not to publish any Content that, in the opinion of a reasonable person, incites, facilitates or encourages others to commit a criminal act or gives rise to any civil liability or contravenes any law, regulation, decree, order, whether federal, provincial or municipal (such as the consuming of drugs or alcohol by minors).
10.2.5 Content Infringing Intellectual Property Rights
You undertake not to publish any Content to which you do not own exclusive intellectual property rights or to which you have obtained all required approvals.
10.3 Site Content Does Not Reflect Opinion of 9217
The opinions, comments or views expressed on the Site only represent the opinions or views of the authors and must never be interpreted as being those of 9217 or its third-party suppliers. You acknowledge that 9217 or its third-party suppliers may not be held liable in this regard and, therefore, are in no way liable for any Content generated by a user on the Site, including any Content that is defamatory, hateful or otherwise offensive, notwithstanding the fact that such Content violates the Terms.
10.4 Removing Non-Compliant Content
9217 reserves the right, at its sole discretion, to remove any Content that it considers violates the provisions or spirit of the Terms, without notice.
11. USER CONDUCT
11.1 Pirating and Reverse Engineering
You undertake not to disable or damage the Site. In particular, you undertake not to overburden, disrupt, pirate, modify the source code of the Site or do any reverse engineering of the Site or any other associated software. Moreover, you undertake not to restrict or prevent other users from using the Site.
11.2 Access to Site
You undertake to access the Site only through the HTTP protocol by using an internet browser. You undertake not to attempt to access the servers of 9217 by any means, such as by using the Site's administrator account. You also undertake not to display or allow the use of any Content on the Site that is not publicly accessible.
11.3 Personal Use Only
Using and navigating the Site is intended solely for your personal use. It is strictly prohibited to claim to be a third party by using and creating an account or navigating our Site. You undertake not to open more than one account on the Site.
11.4 Collecting Information
You undertake not to use any process, software, automated or manual systems or other means to access, collect information, to crawl or scan the Site.
11.5 Use of Site for Authorized Purposes Only
You undertake not to use the Site for any commercial or other purpose that is not expressly authorized under the Terms or the Advertising Services Agreement.
11.6 No Interference
You undertake not to invite any Advertiser or Visitor to use the services of a third party in competition with that offered on the Site.
12. INTELLECTUAL PROPERTY
12.1 Granting of Licence in Favour of 9217
By submitting Content to the Site, you grant to 9217 in perpetuity an unlimited, transferable and non-exclusive licence to the Content that is published on the Site. You allow us to display such Content on the Site. The Content may be reproduced, reused, redistributed or modified in any manner or form whatsoever, without your prior consent.
12.2 Granting of Licence by 9217
By navigating the Site, you grant a limited and non-exclusive licence to the Content that allows you to display, print, for your personal and non-commercial purposes, and share such Content on different social media, subject to your undertaking not to modify the Content in any way whatsoever. Any other use of the Content is prohibited. The Content may not be reproduced, reused, and redistributed in any manner or form whatsoever, other than that permitted under the Terms, without the prior written consent of 9217.
Subject to the Terms, you may not at any time use our trademarks (whether or not registered) or any other Content that is protected by copyright or any other trademark that may lead to confusion.
13. NOTICE OF ALLEGED COPYRIGHT INFRINGEMENT
13.1 Limitation of Liability
Regarding any possible copyright infringement of Content, 9217 reiterates that: (1) its Site offers a platform for Advertisers to publish their Advertisements; (2) the Advertisers alone control the Content of their Advertisements; (3) 9217 requires all Advertisers to ensure that the Content of all Advertisements complies with all applicable intellectual property laws; (4) the Advertisers are solely responsible for the Ad Content. As such, 9217 may never be held liable for any copyright infringement relating to the Content on the Site. 9217 further declares that it has no control and does not investigate whether there is any copyright infringement relating to the Content on the Site.
13.2 Sending Notice
Without limiting the scope of Section 13.1, any person who claims to own a copyright and is able to prove that the copyright was infringed by any element in the Content on the Site may send proof of such infringement to the attention of the person in charge of protecting personal information at 9217 at the following address: firstname.lastname@example.org. Upon receiving proof of such copyright infringement regarding the Content on the Site, such as a final decision by a competent court confirming that there was an infringement, 9217 undertakes to remove such Content from the Site within forty-eight (48) hours.
14. THIRD-PARTY WEBSITES
Google+ http://www.google.com/intl/en/policies/terms/ http://www.google.com/intl/en/policies/privacy/
- Policy to Protect Personal Information: https://www.facebook.com/about/privacy/
- Policy to Protect Personal Information: https://twitter.com/privacy
- Policy to Protect Personal Information: http://www.google.com/intl/en/policies/privacy/
You acknowledge that 9217 has not taken cognizance of the above policies and cannot provide any recommendations or advice as to their content.
Our Site contains links to other websites owned by third parties. Please note that 9217 has no control over such third-party websites. Accordingly, you acknowledge that 9217 has not taken cognizance of all content available on the websites for which there is a link in the Content of the Site. As such, 9217 disclaims all liability regarding any content of any third-party website over which it has no control. You are acting at your own risk when accessing a website through a link in the Content on the Site.
In the event of any claim by a third party or Visitor against 9217 that is directly or indirectly related to any Advertisement or Property, the Advertiser undertakes to take up the defence of 9217 and to release and hold it harmless from any Loss in connection with such claim.
16. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
WE TRY TO PROVIDE THE SITE IN A SAFE AND SECURE ENVIRONMENT. HOWEVER, ANY VISITORS AND ADVERTISERS USE THE SITE AT THEIR OWN RISK. 9217 PROVIDES THE SITE “AS IS,” WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 9217 DOES NOT WARRANT THAT THE SITE WILL ALWAYS BE STABLE AND SECURE. THERE IS ALSO NO WARRANTY THAT THE SITE WILL BE ERROR-FREE OR THAT IT WILL OPERATE WITHOUT ANY INTERRUPTION, DELAY OR DEFECT. 9217 ASSUMES NO LIABILITY WITH REGARD TO ANY THIRD-PARTY ACTION, CONTENT, INFORMATION OR DATA. THE VISITOR OR ADVERTISER RELEASES 9217, MEMBERS OF ITS SENIOR MANAGEMENT AND MEMBERS OF ITS BOARD OF DIRECTORS, ITS EMPLOYEES AND ITS AGENTS FROM ANY LIABILITY FOR ANY CLAIM OR DAMAGE, WHETHER KNOWN OR NOT KNOWN, ARISING FROM OR RELATED TO ANY CLAIM OR DAMAGE AGAINST SUCH THIRD PARTIES. EVEN IF THE DAMAGES ARISE FROM SUCH DECLARATION OR IF 9217 WAS NOTIFIED REGARDING SUCH POSSIBLE DAMAGES, 9217 MAY NOT BE HELD LIABLE FOR ANY ECONOMIC LOSS OR ANY OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. THE AGGREGATE LIABILITY OF 9217 TOWARDS ANY VISITOR OR ADVERTISER IN CONNECTION WITH THIS DECLARATION MAY NOT EXCEED THE AMOUNT PAID BY THE VISITOR OR ADVERTISER DURING THE PREVIOUS 12 MONTHS OR $100 (CANADIAN DOLLARS), WHICHEVER IS HIGHER. WHERE THE APPLICABLE LAW DOES NOT AUTHORIZE ANY LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SUCH LIMITATION OR EXCLUSION OF LIABILITY WILL NOT APPLY TO THE VISITOR OR ADVERTISER. IN SUCH CASE, THE LIABILITY OF 9217 WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
17. DISPUTE RESOLUTION
In the event of any dispute between you and 9217 arising from the Terms, you agree that the following measures will apply:
- The party alleging a dispute must send notice to the other party indicating the reasons for the dispute along with the necessary information to understand the dispute;
- Within five (5) business days of receiving such notice, each party must send notice appointing a person with the power and authority to negotiate and settle the dispute;
- The appointed persons undertake to meet as soon as reasonably possible, which may not exceed thirty (30) days or, if urgent, five (5) business days. And at the time of the meeting, each must have in hand the power of attorney authorizing them to negotiate and settle the dispute for and on behalf of the party they represent;
- The mediation meeting will take place in the presence of a neutral person or in the presence of the lawyers of each party, as may be decided between the parties;
- During such meeting, the persons present will:
a. Attempt to settle the dispute, and if this attempt fails to resolve the dispute;
b. Discuss the most appropriate method to find a solution.
The parties undertake not to commence any legal proceeding before completing the steps listed above, except if provisional or interlocutory measures are deemed necessary to protect their rights (such as any request for seizure before judgment, a provisional or interlocutory injunction or an order to protect their rights) and the necessary procedures to prevent the expiry of a limitation period.
Moreover, although the parties must use this alternative dispute resolution mechanism in good faith to settle the dispute, this attempt will not bind or prevent them from later submitting the dispute to arbitration if the mediation process fails.
18. SCOPE OF AGREEMENT
The Terms bind and are enforceable not only against the parties, but also against any liquidator(s) of their respective successions, their respective successors, heirs, legatees, successors, mandataries or employees and their respective authorized assignees.
19. GENERAL PROVISIONS
19.1 Headings and Cross-References
The Terms are divided into Parts, Sections, Subsections, Paragraphs and Subparagraphs. Headings are used solely for the purpose of facilitating cross-referencing herein and have no interpretative value. Moreover, a reference to a Part includes all Sections contained therein, a reference to a Section includes all the Subsections contained therein and a reference to a Paragraph includes all Subparagraphs contained therein.
The invalidity of any provision herein will not affect the validity of the other provisions of the Terms, which will be interpreted as if the invalid provision(s) were omitted.
19.3 No Waiver
Any failure or delay by 9217 in exercising any right, remedy or privilege under the Terms will not constitute a waiver or such right, remedy or privilege. Accordingly, 9217 will not be prevented from later exercising that right, remedy or privilege, in whole or in part.
19.4 Applicable Law
The Terms, its interpretation, performance, application, validity and effect are governed by the laws in force in the Province of Quebec and the laws of Canada applicable therein.
9217 may not at any time assign to a third party its rights and obligations under the Terms, without obtaining the additional consent of the Visitor or Advertiser at the time of the assignment.