Date last updated: January 12, 2021
CONDITIONS OF USE
WELCOME TO WWW.CHALETSALOUER.COM/ WWW.COTTAGESRENTAL.COM ("WEBSITE")! BY ACCESSING THE WEBSITE AND USING ITS FEATURES, YOU AGREE AS A VISITOR TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE ("TERMS"). IF YOU DO NOT AGREE TO ALL OF THE MODALITIES AND CONDITIONS OF THESE TERMS, PLEASE STOP BROWSING AND EXIT THE WEBSITE.
These Terms govern your use of all features of the Website, as provided by 9217. Please take the time to read these Terms carefully, as they contain terms and conditions relating to your use or browsing of the Website. By using the Website, you agree to enter into a binding contract with 9217 under the conditions of these Terms, which you acknowledge having read and understood and which are binding on you as a visitor. In return, 9217 hereby grants you a free, non-exclusive, revocable and modifiable license to use the Website in accordance with these Terms.
The Website is owned by 9217-8037 Québec inc. ("9217" or "we" or "us") and its objective is to facilitate the identification by visitors of real estate that correspond to their needs for rental or purchase purposes, as well as to offer advertisers increased visibility for said real estate. 9217 does not intervene at any time in any rental or sale agreement whatsoever, which are entered into exclusively between the advertiser and the visitor. Consequently, by using the Website, you acknowledge that 9217 does not act as a real estate agency and does not offer any real estate brokerage services.
These Terms are written for the benefit of the Website Visitors, as defined below. If you wish to post an ad, simply click on the "Add New Ad" tab on the home page of the Website and follow the instructions provided there. The terms and conditions for Advertisers, as defined below, will then apply, subject to the conclusion of an agreement with 9217 regarding the publication of an Ad, as defined below.
For the purposes of these Terms, the following terms shall have the meanings set forth below:
Advertisement: means any content published on the Website used to describe, promote or detail a Property for rental or sale to a third party, including a Visitor;
Advertiser: refers to any natural or legal person, who publishes an Advertisement on the Website with the aim of selling or renting one or more Properties, as well as any person designated or mandated by the latter for the purpose of managing his or her account;
Content: means any text, graphic element, image, photo, music, audio, video, etc. on the Website. This may include, but is not limited to, the content of an Advertisement;
Property(ies): means any type of house, apartment, condo, cottage or other temporary or permanent dwelling place advertised on the Website by an Advertiser;
Visitor or you: means any person who visits or browses the Website or who contacts an Advertiser through the Website or after visiting or browsing the Website.
CHANGES TO THE WEBSITE AND CONDITIONS
9217 may, in its sole discretion, modify, delete, restrict or suspend any functionality of the Website or any part thereof, without any notice or liability to you or any other person. These Terms are also subject to change at any time by 9217. If we make changes, we will take steps to notify you. By continuing to browse the Website, you agree to be bound by these Terms, including any changes made to them. If you do not agree to be bound by these Terms, please cease using the Web Site. If a Visitor refuses to accept the updated version of these Terms upon 9217's request, certain features of the Website may become inaccessible and any account created may be suspended.
When you access or use the Website, you agree to comply with: (a) these Terms; (ii) any other policies that 9217 may establish from time to time in connection with the Website; and (iii) all applicable laws, including in particular intellectual property protection laws, including copyright laws and laws governing the reproduction, distribution and use of works protected under such laws.
CREATE AN ACCOUNT
As a Visitor, you may view the Advertisements and communicate with an Advertiser via the Website by creating an account. When you have an account, you will have access to certain features, including a list of favorites.
You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account, whether or not authorized by you. If you become aware of or reasonably suspect any intrusion, including any theft, loss or unauthorized disclosure or use of your password, you must immediately report it to us by contacting us in the manner provided in these Terms.
The Website is intended only for persons of legal age and with the capacity to contract. Any use of the Website and creation of an account by a minor is strictly prohibited. By accessing, using or browsing the Website, you represent and warrant that you have reached the age of majority in your place of residence.
9217 reserves the right to suspend or terminate your account if any information provided during the registration process or afterwards proves to be inaccurate, fraudulent, obsolete or incomplete.
BUYING OR RENTING A PROPERTY
The Website aims to facilitate the broadcasting of Advertisements and to initiate contact between an Advertiser and a Visitor. As a Visitor, you will thus have the opportunity to communicate with an Advertiser, by e-mail or by telephone, in order to obtain more detailed information on a Property and to agree, as the case may be, on the terms and conditions of its purchase or rental. Please note, however, that any transaction with respect to a Property is solely between you and the Advertiser, to the exclusion of 9217.
9217 is not the owner, operator, manager, administrator, or lessor of any Property advertised or displayed on the Website. In addition, 9217 does not act as proxy, agent, insurer or representative of either the Advertiser or the Visitor. The services offered free of charge to the Visitor by 9217 on the Website are exclusively limited to putting Visitors and Advertisers in contact with each other, through the publication of Advertisements prepared by the Advertisers.
Any discussion, negotiation, promise or agreement with respect to any conditions whatsoever related to the rental or purchase of a Property is made directly between the Visitor and the Advertiser. The Visitor must therefore agree directly with the Advertiser on the price, terms of payment and other conditions for the rental or sale of a Property, including the services included, any security deposit or internal regulations, etc. The conditions for the confirmation or cancellation of reservations are also determined directly between the Advertiser and the Visitor.
Thus, any written or oral contract for the rental or purchase of a Property is concluded directly and exclusively between the Visitor and the Advertiser. 9217 is a third party to this contract and does not intervene in it in any manner whatsoever. Consequently, 9217 is not entitled to any right nor can it be held responsible for any obligation in this regard. The Visitor hereby declares that he or she understands the foregoing and waives any recourse against 9217 for the interpretation, execution or intervention in any dispute concerning a rental or purchase contract of a Property with an Advertiser. Requests of any nature whatsoever concerning the rental or purchase of a Property, including without limitation requests for cancellation, reimbursement, indemnity, must also be addressed directly to the Advertiser. The Visitor undertakes to hold harmless and indemnify 9217 from any claim in this regard.
WEBSITE USAGE RULES
By using the Website, the Visitor expressly agrees to the following:
not to submit an evaluation which he knows to be false or otherwise prejudicial to an Advertiser or which relates to a Property in which he has not personally stayed, or to incite any third party to do so;
not to harm or damage the Website, in particular not to overload, disturb, commit acts of piracy, modify the source code or reverse engineer the Website or any other associated software;
to access the Website through the http protocol using an internet browser only, as well as not to attempt to gain access to 9217's servers in any way, including through the use of an administrator account;
not use any automated or manual process, software or other means or procedures to, among other things, access, collect information, browse or scan the Website;
avoid, circumvent, or disable any technological secure access, security system, procedure, protocol or technological protection mechanism that may be included or established in or as part of the Website or any software/hardware used by the Website;
use the Website only for personal purposes and not for any commercial or other purpose not expressly permitted by these Terms;
not to display or use or permit the display or use of any Content on the Website that is not publicly available;
not to interfere with the use of the Website;
not improperly make complaints or false reports regarding the Website;
not to invite any Advertiser or Visitor to use the services of third parties competing with those of the Website;
not to open more than one account on the Website, impersonate another person or otherwise use an identity other than your own; and
induce or encourage any third party to do any of the above.
PROTECTION OF YOUR PRIVACY
You are hereby informed and acknowledge that 9217 is the exclusive owner of all intellectual property rights related to : (a) the Website, including all text, photos, maps, images, data, graphics, trade-marks, logos and slogans created or used by 9217, whether registered or unregistered; (b) any tools, computer equipment and software used to enable the functionality of the Website; and (c) the graphic design, user interface and the look and feel of the Website. Certain text, photos, plans, maps, images, data, graphics, trade-marks, logos and slogans may be the property of third parties, including Advertisers.
You are reminded that you are responsible for complying with all laws protecting copyright and intellectual property and that any downloading and/or printing of Content from the Website is permitted only for strictly personal use and at your own risk. You may not modify any page, remove or alter any visible or non-visible identification, marks, notices or disclaimers, or reproduce, reuse or redistribute the Content in any form other than as permitted by these Terms, without the prior written consent of 9217. More specifically, the Visitor also undertakes not to adopt or use trademarks or any other intellectual property element that could create confusion with the intellectual property of 9217 or that would constitute an imitation thereof, nor to seek to invalidate, attack or otherwise call into question the legitimacy of 9217's rights in its intellectual property.
MONITORING OF THE CONTENT AND COPYRIGHT OF THIRD PARTIES
We are committed to providing you with quality content on the Website and we reserve the right to monitor any Content posted on the Website. However, 9217 does not expressly and systematically approve all Content found on the Website and will not be responsible in any way for Content that is generated by Advertisers on the Website. The information, photos, descriptions and other information published in the Advertisements are for the sole purpose of providing information to Visitors about the Properties and are provided without any implicit or express warranty. Such information does not relieve Visitors from their obligation to inform themselves and to conduct the usual checks to validate its accuracy, truthfulness and completeness.
More specifically, although 9217 requires Advertisers to undertake that the Content of their Advertisements complies with all applicable laws, 9217 does not exercise any control over them, which is the sole prerogative of the Advertisers. Consequently, 9217 cannot be held responsible for any copyright infringement in connection with the Content of an Advertisement. Any person claiming to be the owner of a copyright related to the Content of an Advertisement must therefore first contact the Advertiser and, if necessary, the legal authorities having jurisdiction. Upon receipt of a proof of copyright infringement in the Content of an Advertisement, among others a judgment of a court of competent jurisdiction, 9217 undertakes to remove the Content at hand from its Website within forty-eight (48) hours.
The Website may allow you to link or connect to use features offered by applications, services or sites operated by third parties that are not owned or controlled by 9217 (collectively, "Third-Party Applications"). We provide these links only as a convenience to you and you access them at your own risk, as 9217 has no control over them. You may also be subject to additional terms and conditions of use that may apply when you use or purchase, as applicable, certain products or services related to the Third-Party Applications. 9217 has not reviewed these policies and cannot provide any recommendations or advice with respect to their content.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We are committed to taking reasonable technical means to protect the physical security of your personal information and the integrity of the Website's functionality. However, given the very nature of the public network that is the internet, the Visitor acknowledges and accepts that the security of transmissions via the internet cannot be guaranteed.
Your use of the Website may be discontinued or terminated, in whole or in part, at any time. It cannot be excluded that the Website and its Content may contain errors, omissions, inaccuracies or may not be complete or up to date. When an error is noticed, we will attempt to correct it as soon as possible and make reasonable efforts to notify affected Visitors. The Website may also be unavailable from time to time for maintenance, updates, hardware/software failure, repairs, power outages, hacking, denial of service attacks, large unplanned service requests or for any other reason.
VISITOR USE OF THE WEBSITE IS AT VISITOR'S OWN RISK. 9217 PROVIDES THE WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 9217 DOES NOT WARRANT THAT THE WEBSITE IS ALWAYS SAFE AND SECURE. THERE IS ALSO NO GUARANTEE THAT THE WEBSITE IS FREE OF ERRORS OR THAT IT WILL ALWAYS OPERATE WITHOUT INTERRUPTION, DELAY OR IMPERFECTION. 9217 ASSUMES NO RESPONSIBILITY FOR THE ACTIONS, CONTENT, INFORMATION OR DATA OF THIRD PARTIES, INCLUDING ADVERTISERS. VISITORS RELEASE 9217, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY LIABILITY RELATED TO THE USE OF THE WEBSITE, EXCEPT IN CASE OF GROSS NEGLIGENCE OR INTENTIONAL FAULT BY 9217, EVEN IF 9217 HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. 9217 WILL NOT BE HELD RESPONSIBLE FOR LOSS OF PROFITS OR ANY OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. APPLICABLE LAW MAY IN SOME JURISDICTIONS NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE THE ABOVE LIMITATION OR EXCLUSION WOULD NOT APPLY. IN SUCH EVENT, 9217'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
BY YOUR USE OF THE WEB SITE, YOU UNDERTAKE TO INDEMNIFY, DEFEND AND HOLD 9217 AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS INCURRED BY 9217 IN CONNECTION WITH ANY CLAIM, DEMAND OR PROCEEDING ARISING OUT OF OR RELATING TO : (1) YOUR BREACH OF THESE TERMS; (2) ANY CLAIM, DISPUTE OR OTHER DISAGREEMENT WITH AN ADVERTISER, AGAINST WHICH YOU AGREE TO INDEMNIFY 9217 AND REIMBURSE 9217 FOR ALL COSTS INCURRED BY 9217 IN DEFENDING ANY CLAIM BY YOU, IN CONTRAVENTION WITH THESE TERMS; (3) THE INACCURACY OF ANY OF YOUR REPRESENTATIONS AND ANY WRONGFUL CONDUCT BY YOU OR ANY PERSON FOR WHOM YOU ARE RESPONSIBLE UNDER THESE TERMS OR AT LAW.
In the event that 9217 considers, at its sole discretion, that a Visitor does not comply with these Conditions, with any other 9217 policy or with any applicable law, 9217 reserves the right to restrict or suspend the Visitor's account, without prior notice and without prejudice to any other rights and remedies that 9217 may have.
APPLICABLE LAW AND DISPUTE RESOLUTION
These Terms, their interpretation, execution, application and validity are subject to the laws in force in the province of Quebec, excluding its conflict of law rules.
In the event of any disagreement between you and 9217 on the application of these Terms, with the exception of a dispute with an Advertiser, in which case any recourse must be addressed exclusively to the latter, we invite you first to communicate with us in the manner provided for in these Terms. We will try to the extent possible to reach an amicable settlement and to find an appropriate solution to the situation, without prejudice to the right of each party to resort to the courts in the manner and at the time it deems appropriate.
Any dispute between 9217 and a Visitor arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of the province of Quebec, judicial district of Saint-Hyacinthe, whose exclusive jurisdiction is irrevocably recognized by the Visitor and 9217.
Any declaration by a court that any provision hereof is void or unenforceable shall not affect the validity or enforceability of the remaining provisions of these Terms, which shall remain in full force and effect.
The failure or delay by a party to exercise any right, remedy or privilege under these Terms will not constitute a waiver of such right, remedy or privilege. Accordingly, no party will be precluded from subsequently exercising any right, remedy or privilege that it has not previously exercised, in whole or in part.
These Terms are binding upon and enforceable not only against the parties, but also against the respective executors, estates, successors, heirs, legatees, assigns, agents or servants and their respective permitted assignees.
9217 may assign, at any time, its rights and obligations under these Terms to a third party, without having to obtain the Visitor's consent at the time of the assignment.
The Visitor acknowledges that these Terms have the same effect and value as if they had been signed personally by him or her. A printed version of these Terms or of any notice sent by e-mail will be admissible in litigation, as will any other business document or record generally kept in paper form.
All questions regarding the Website, these Terms or other services offered by 9217 may be directed to :
Mailing address : 9217-8037 QUÉBEC inc. P.O. Box 355, Station Head, Saint-Hyacinthe, Quebec, J2S 7B6
Phone : (450) 768-6560