Terms and Conditions

 

Version: 16.07

Date of entry into force: 2016-10-01

TERMS OF USE

www.bonjourresidences.com

1. Terms and Conditions

2. Restrictions on use

3. Ownership, Use and Intellectual Property Rights

4. Communications on the Site

5. Provisions applicable to the creation and use of services with an account

6. Ordering of advertising services on the Site

7. Content Accuracy and Site Availability

8. Notification Policy and Withdrawal for Unlawful Content

9. Hyperlinks and third-party sites

10. Limitation of Liability

11. Final provisions

 

Terms and conditions

  1. These Terms of Use (hereinafter the "Terms") detail your rights and obligations relating to the use of the www.bonjourresidences.com website (hereinafter the "Site").

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE.

By accessing or using the Site's features, as well as by expressing your consent in another form, you agree to be bound by the terms of the Terms and the documents to which the Site refers. These Terms bind you as much as, and after, your use of the Site.

IF YOU DO NOT ACCEPT THE ENTIRE CONDITIONS, YOU MUST REMOVE USE OF THE SITE IMMEDIATELY.

We also invite you to contact us if you have any questions or comments regarding the Terms and Conditions at info@bonjourresidences.com .

  1. Definitions

"Hello Residences", "our", "we" or "our"

Refers to the company 9338-8502 Québec inc. Having as another name Bonjour Résidences;

"Default Event"

Has the meaning given to it in section 5.16;

"Unsolicited Communication (s)"

Has the meaning given to it in section 4.1.1

"Conditions"

Means the present terms of use set out in this document;

"Additional Terms"

Has the meaning given to it in section 1.4

"Content"

Means any text, image, audio file, video, multimedia item, software, code, or any other information or material published, existing or accessible from the Site;

" Service contract "

Has the meaning given to it in section 5.1;

"Confirmation Email"

Has the meaning given to it in section 5.1.4;

"Duration"

Has the meaning given to it in section 5.7;

"Initial term"

Has the meaning given to it in section 5.7;

"Manager"

Refers to the person, natural or legal, responsible for a residence that has been authorized by Bonjour Résidences to act on behalf of the said residence on the Site;

"Renewal Period"

Has the meaning given to it in section 5.7;

" Services "

Refers to all the services offered by the online platform accessible via the Site;

"Paid services"

Has the meaning given to it in section 5.1.1;

"Site"

Means the website www.bonjourresidences.com and any associated web pages;

"User", "you", "your" or "your"

Any person, corporation or corporation, as well as a Manager, accessing or using the Site, its Services or its Content;

    1. Privacy Policy: These Terms and Conditions include your acceptance of the terms and conditions contained in our Privacy Policy, which can be found here or at the bottom of most pages on our Site ( www.bonjourresidences.com) . This Policy is also governed by these Terms in the event that any dispute or inconsistency with respect to such Policy arises.

    2. Additional Terms: These Terms and Conditions may be modified or superseded by additional terms and conditions of the Content and the services offered by the Site (hereinafter the "Additional Terms"). If applicable, the Additional Terms will be published on the relevant pages of the Site so that you can accept them in a timely manner. These Additional Terms will replace any previous terms with which they would conflict or be inconsistent.

    3. This site is intended for Canadian residents aged 18 years and over.

Restrictions on Use

  1. This Site is intended for your personal and non-commercial use. When you access or use this Site, you agree to:

    1. Not to use this Site for unlawful purposes under applicable law or under these Terms;

    2. Not to defame, denigrate or make any comment of an obscene, derogatory or offensive nature or to use this Site or its Content to generate a dispute with us or any third party, in particular a dispute that would engage our responsibility or that of 'a third ;

    3. Not to delete or revise the Content of the Site when the said Content does not emanate from you;

    4. Not to decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, consolidate, sell, sublicense, export, merge, transfer, adapt, lend, lease, transfer, share, outsource, Site available on a third-party platform (such as by linking, framing, spidering, linking to deep links, creating content Derivative or use of this Site or its Content in any manner contrary to these Terms, the laws in force, or any other Additional Condition, in any form or by any means whatsoever: physical, electronic or otherwise;

    5. Not to send any form of unsolicited e-mail ("spam"), commercial or otherwise, or to solicit business opportunities with Users.

    6. Not to use the Site or its Content in order to distribute computer viruses, malicious or any other program or malicious code;

    7. Not to attempt to probe, analyze or test the vulnerability of the Site or its network and not to attempt to violate the security or authentication system or network, as well as any other security measures of the Site;

    8. Not to suggest or to suggest or suggest that we recommend, a person, physical or legal, unless we obtain a separate written authorization from us for this purpose;

    9. Not to access data not intended for you or to connect to a server or account that you are not authorized to access;

    10. To be held responsible for all costs, fees, costs and expenses that may arise from your use of the Site.

  2. Notwithstanding section 2.1, only Managers are permitted to use the Site for commercial purposes only through the Services offered by the Site or by linking to the Site through hyperlinks. At no time may a Manager be permitted to use the Content outside of the Digital Platform of the Site unless explicitly provided to do so.

  3. We reserve the right to prevent or suspend partial or complete access to the Site if a User does not comply with these Conditions, as well as any applicable law or regulation.

Ownership, Use and Intellectual Property Rights

  1. Hello Residences Content is protected by Canadian and foreign copyrights, trademarks and other laws. Unless otherwise stated, the Bonjour Résidences Site Content is the property of Bonjour Résidences, its customers and / or its suppliers. Unauthorized use of Hello Residences Content may violate copyright, trademark and other laws. Hello Residences may modify or remove all or part of the Site Content in its sole discretion, at any time and without notice.

  2. This Site and all related intellectual property rights (including its Content) are and remain our exclusive property or that of our licensors. Our licensors and ourselves reserve all of our intellectual property rights (including, without limitation, any copyright, trademarks, domain names, design rights, database rights, patents and any other intellectual property rights) Without regard to the registration of such rights in any country.

  3. Nothing in the Terms grants you any right in the Site other than what is necessary to access it. You agree not to attempt to bypass or remove any intellectual property notices contained on the Site, including digital rights or other technological security rights posted on the Site.

Communications on the Site

  1. The Site and its Services do not offer a secure means of communication and any information you provide will not be considered confidential. For this reason, you should not send or communicate any patentable ideas or patent applications, advertising or marketing suggestions, prototypes or any other written or verbal information that you consider to be confidential or commercially sensitive Or commercial securities (collectively referred to hereinafter as "Unsolicited Communications"). While we appreciate your feedback, you agree not to send us such unsolicited communications. Any communication, including any Unsolicited Communication, which is sent to us, communicated through our Services or published on the Site is deemed to be our property. By submitting to us, or by posting on the Site, any communication and / or information, as well as any other material, you agree, subject to our Privacy Policy, that we use this information in any way (including Reproduction, transmission, publication, distribution and posting on any media and anywhere in the world), free of charge. You also agree that we are not subject to any obligation of confidentiality, nor can we be held responsible for any use and / or disclosure of the Content of these communications.

  2. Where the Site allows you to communicate with us and / or other Users of the Site, you may not use the Site to disseminate harmful or offensive content or material (eg violent, obscene, discriminatory, defamatory, Contrary to good faith). Although we reserve the right to moderate, monitor, modify, revise or delete notices, comments, discussions, chats, publications, transmissions, forums and similar communications on the Site from time to time, we are not required to do so And we assume no responsibility for any content posted on the Site, or for any error, omission, violation, defamatory, obscene or inaccurate statement contained therein.

  3. By using and accessing the Site, you represent and warrant that any Content you provide to us is and remains your own original work, that such Content has been legally provided to us, that you have all necessary authorizations to provide us with such Content Content and you authorize us to disclose your name in connection with such Content. By providing us with this Content, you waive all moral rights to which you may be entitled and agree that all personal information you provide from your Content may be re-used by us, subject to our Privacy Policy.

Provisions applicable to the creation and use of services with an account

  1. When you choose to create an account, you must provide a user name and password. You must provide truthful, accurate, up-to-date and complete information about yourself and / or your business and maintain this information at all times. You understand and agree that you are solely responsible for maintaining the confidentiality of your account, including your password, and are solely responsible for all activities that occur under this account, whether or not they were intended you.

  2. You agree to:

    1. Notify us of any unauthorized use of your account or other security breaches without delay; and,

    2. You log out of your account at the end of each use.

  3. After you have created an account on our Site, you become entitled to write notices, publications and Content relating to the residences posted on our Site;

  4. By sending, posting, posting or posting Content on the Site when you use the Services, you grant us a perpetual, irrevocable, worldwide, free, non-exclusive (multi-party) license to reproduce, adapt, Publicly display, display and distribute this Content. The sole purpose of this license is to enable us (and, where applicable, our subsidiaries) to provide the Services relating to the Site.

  5. You understand that any Content, whether publicly displayed on the Site or privately transmitted through the use of our Services, is the sole responsibility of the person from whom it originates. This means that the User, and not Hello Residences or any other subsidiary and partner, is entirely responsible:

    1. Of the Content that it publishes, transmits or otherwise makes available through our Services; and,

    2. To ensure that its Content is accurate, without misleading information and that it does not infringe any intellectual property rights owned by anyone.

  6. We have no control over the Content transmitted via our Services and we can not guarantee the accuracy, integrity or quality of the Content that is published. You agree that you will not be held liable for any inaccuracies, errors or omissions in the Content or any loss or damage of any kind whatsoever resulting from use or reliance on the displayed, published Content , Transmitted or otherwise made available to Users via our Services.

  7. You acknowledge that we do not perform any pre-verification of the Content posted, published or transmitted by a User, but that we reserve the right (but not the obligation) to refuse or remove any Content made available through our Services which Violates these Terms, or that we consider objectionable, in our sole discretion.

  8. You expressly acknowledge and agree that we authorize the access, preservation and disclosure of information and the Content of your account when required by law, court order, and even in good faith if we believe that access , Preservation or disclosure is reasonably necessary for

    1. Comply with a court order;

    2. Enforce these Conditions;

    3. Respond to allegations of violation of the rights of third parties;

    4. Respond to your customer service requests; or,

    5. Protect our rights, our property, the personal safety of our employees, the safety of our organization and its affiliates, Users and the public.

  9. When you create an account or contribute to a notice of a listing or publication on the Site, you agree not to:

    1. Upload, post, email or otherwise any Content:

    2. That is false, inaccurate, deceptive, defamatory, harmful, threatening, abusive, harassing, discriminatory, vulgar, obscene, hateful, racist or otherwise objectionable or illegal;

    3. For which you do not have the right to make such Content available under any law, contractual or fiduciary relationship;

    4. Which infringes any patent, trademark, trade secret, copyright or other proprietary right of any third party;

    5. ("Junk mail", "spam", "chain letters", "pyramid schemes") or any other form of solicitation unlawful or contrary to these Terms and Conditions;

    6. Usurp the identity of any person, physical or moral, including but not limited to a member of our staff or falsely state an alleged affiliation with such person;
    7. Transfer your account to another person without our prior authorization;

    8. Collect, use or disclose personal information about users, including e-mail addresses, without their prior consent or by derogating from applicable laws in similar matters;

    9. Undertake any action that would impose an unreasonable or disproportionate burden on our digital infrastructure or those of our subsidiaries;

    10. Interfering with or attempting to interfere with the proper functioning of our Services or our Site

  10. You acknowledge that we may establish general practices and limitations with respect to the use of the Services, including but not limited to the maximum number of days your Content will be held on our Site, Content Limit per Account, The maximum size of the message or Content that may be issued by an account, the maximum number of times and the maximum time for which you can access or use the Services within a given period of time. You further agree that we reserve the right to modify these general practices and limitations at any time, in our sole discretion, with or without notice.
  11. Without limiting our right to any other remedy, we may, in our sole discretion, limit, suspend or terminate the Services and accounts of Users (including Manager accounts), prohibit access to the Site and take action Technical and legal matters to prevent certain Users from accessing the Site and to remove and remove any Content and Services for any reason whatsoever of us, including but not limited to:

    1. The accounts have not been confirmed by the User or have been inactive for a period of more than six (6) months;

    2. We believe that you have violated or acted inconsistently with the Terms or the spirit of the Terms;

    3. We are forced to do so by a law, a competent court or any other governmental body with such binding power;

    4. You provide false, inaccurate, outdated or incomplete information or where we have reasonable grounds to suspect that you have committed such acts;

    5. You ask for it;

    6. We must interrupt or make material changes to the Services;

    7. Unforeseen technical or security problems arise;

    8. You or we believe that you have committed illegal activities, including, without limitation, fraud; and or,

    9. You violate our privacy policy or privacy laws.

  12. You acknowledge and agree that any termination of your access to the Services under any provision of these Terms may be made without notice and that we may immediately disable or delete your account and all related Content. Consequently, you agree that you will not be held liable to you or any third party for the termination of your account or termination of your access to the Services.

Ordering of advertising services on the Site

  1. The steps necessary to create an Advertising Services Agreement (hereinafter "Service Agreement") between you and us are as follows:

    1. You place an order on the Site by choosing a package offered (hereinafter "Paid Services") and accepting the terms and conditions of this transaction;

    2. Following the completion of the online order process, we will send you an e-mail to the effect that we have received your order. However, this acknowledgment does not mean that we have accepted your order;

    3. We may send you an e-mail to the effect that we can not accept your order, in particular because:

      1. Our services are temporarily unavailable;

      2. We can not obtain authorization for your payment;

      3. We have made a mistake with respect to the description or price of our services.

    4. Your order will only be accepted when we send you an email confirming your order (hereinafter "Confirmation Email"). Only then will a legally binding Service Agreement between you and us become effective.

  2. We may also add or replace these Terms with Additional Terms and you agree to be bound by any amendments to this Service Agreement. This can happen, especially for security, legal or regulatory issues.

  3. When placing an order on the Site, you must ensure that all information you provide to us is accurate, even if we understand that errors may occasionally occur.Therefore, we would be grateful if you would take sufficient time to read and verify your order before submitting it to us. It is possible to correct any error before submitting your order.

  4. If you are not a Manager or you are under 18 years of age, you may not place an order on the Site.

  5. While we strive to keep the Site available at all times, the Site may be temporarily unavailable for a period of 12 hours per week, either continuously or discontinuously, for technical reasons.

  6. In the event that a paid functionality of the Site is defective for an extended period, we may have to replace this functionality with an alternative service of equal or greater value. If necessary, we will contact you to inform you of our intentions.

  7. The Service Agreement is automatically renewed for subsequent consecutive periods (hereinafter the "Renewal Periods") of the same duration as the initial term (hereinafter the "Initial Term") (the Renewal Periods and the Initial Term Collectively, "Term") unless you send us a written notice of non-renewal at least three (3) months prior to the end of the Initial Term or any Renewal Period. Notwithstanding the foregoing, we may cease, at our sole discretion, to offer you a position of high demand when we are unable to obtain confirmation of your renewal from you.

  8. The scheduled date for uploading your Paid Services will be specified in the Confirmation Email.

  9. You may pay for your Paid Services by using the credit card payment tool offered directly on the Site during the transaction process.

  10. We do everything reasonably possible to ensure that all information you provide at the time of payment is protected using an encrypted secure payment mechanism, but in the absence of negligence on our part, we Can not be held liable for any loss you may suffer if a third party accesses the information you provide to us.

  11. All credit card payments must be authorized by the issuer of the card in question. If we have not received your payment and you already benefit from our Paid Services, we reserve the right to:

    1. Suspend the Paid Services; and,

    2. Receive interest on any outstanding balance at the rate of 1.25% per month compounded monthly (16.07% per annum).

  12. The price of services:

    1. Includes GST and QST at the applicable rates;

    2. Is in Canadian dollars ($).

  13. We may increase our fees payable annually under this Service Agreement in accordance with our usual practices. It is your responsibility to pay us the increased costs as soon as we receive a notice of increase.

  14. The termination of the Service Agreement shall not affect any claim due to us under the Terms;

  15. We may at any time terminate this Service Agreement or terminate any part of the Services for any reason by giving you thirty (30) days written notice. If applicable, we will refund you for services that have not been returned. This amount will be paid to you as full and final damages for all losses, damages, expenses and expenses incurred or incurred as a result of the termination. You may not terminate this Service Agreement unilaterally, except as provided in Section 5.7.

  16. You are in default under this Service Agreement in the following cases:

    1. You do not pay the fees payable under this Service Agreement;

    2. You cease your activities;

    3. You reproduce, without our consent, in whole or in part, the Services offered by Bonjour Résidences in any other media;

(Hereinafter collectively referred to as "Cases of Default").

    1. We may terminate this Service Agreement forthwith upon the occurrence of an Event of Default. In addition, all fees for the remaining Term become immediately due and payable as damages.

Content Accuracy and Site Availability

  1. While we strive to maintain accurate and up-to-date information on the Site, the real estate market is constantly changing and we can not offer any guarantee that the Content is or remains available, accurate, complete, reliable, Day, and our Services are free from bugs, errors and omissions.

  2. The Content of the Site is provided as general information and is intended to inform you about the market of residences in the territory covered by the Site. It does not constitute a technical, financial or legal opinion or any other type of advice and should not be assimilated to such purposes.

  3. The reliability and reliability you attribute to the Content of this Site are at your own risk. We may suspend or terminate the operation of the Site at any time and at our sole discretion.

  4. Nothing in these Terms shall prejudice our statutory rights and obligations.

Notification Policy and Withdrawal for Unlawful Content

  1. If you have any objection or objection to the Content published on the Site, or if you believe that any of the Content infringes your copyright, you agree to notify us immediately and not to hold us responsible for any Damage and any claim that may arise when your request is processed within ten (10) working days.

  2. Hyperlinks and third-party sites

    1. The Site may contain hyperlinks, references or references to third party sites other than the Site. All of these hyperlinks, references or references are provided for your convenience only. We have no control over the content of third party sites and we can not assume any responsibility for any content, material or information contained therein. The publication of hyperlinks, references or references to a third party site does not constitute an endorsement of the content of the site, the products or services of these third parties.

    2. Your use of a third party site may be governed by conditions specific to this third party site.

Limitation of Liability

  1. You agree not to hold us responsible for the Content, actions or inactions that are made by Users of our Site or Services. We have no control over Users using the Site and we can not guarantee the truthfulness, quality, security or legality of the Content. We can not guarantee continuous or secure access to our services, and the operation of our Website may be affected by many factors beyond our control.

  2. To the extent permitted by law, you understand and agree that our licensors and ourselves shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages you may incur under the principles of public liability. This includes, but is not limited to, damages for loss of profits and customers, damage to your reputation, loss of data, cost of purchasing substitute goods or services, or other intangible loss (even if we have been advised of the possibility Damages) resulting from your use or inability to use our Services or any matter relating to our Services and our Site.

  3. Notwithstanding the foregoing, if we are held liable, our liability to you or a third party is limited to the greater of:

    1. The total of the fees you paid to us in the 12 months preceding the action giving rise to the liability; and,

    2. $ 150.00 CAD.

  4. You agree that your use of the Site is "as is" and "subject to availability". As mentioned above, we make no representations or warranties with respect to the availability of the Site, including, without limitation, its completeness, accuracy and reliability.

  5. In the event of a dispute with one or more Users, you agree to indemnify us (together with our officers, directors, shareholders, agents, subsidiaries, joint ventures, employees and licensors) from any and all claims and damages arising in any manner or manner Of the dispute.

  6. You agree to indemnify us (and our officers, directors, shareholders, agents, subsidiaries, joint ventures, employees and licensors) from and against all claims and demands, including reasonable judicial and extrajudicial fees incurred as a result of your breach of these Terms or raison de tout Contenu que vous soumettez, publiez, transmettez ou rendrez disponible via les Services, votre utilisation des Services, votre connexion aux Services, ou votre violation des droits d'autrui de même que de votre violation de la loi.

  7. You acknowledge that we are not responsible for unforeseen events such as force majeure events and other events beyond our control.

  8. Hello Residences is a duly incorporated legal entity, its shareholders, directors, officers, employees and consultants shall in no way be liable for any damage arising in any manner whatsoever to the access and use of our Site.

  9. Unless otherwise indicated, any exclusions and limitations of liability shall also apply to additional conditions, if any.

  10. Final provisions

    1. Hello Residences may, in its sole discretion, to modify, expand or delete these Terms, in whole or in part, for legal, technical or regulatory, if it deems necessary or following a change in services provided to the nature or presentation of the Site. Your continued access or use of the Website indicates that you agree with these changes.

    2. Unless otherwise stated in these Terms, any notice from you to us must be sent in writing to our email address at info@bonjourresidences.com and any notice of us will be posted on our website in due course.

    3. If any provision of these Terms is held invalid by a competent court, including, without limitation, the provisions for exclusions and the aforementioned limitations of liability, the invalid or unenforceable provision will be deemed superseded by a provision valid that will match the intent of the original provision and the other provisions of the Terms remain in force.

    4. You may not assign your rights and obligations under this Agreement to another party without our consent in writing beforehand.

    5. The User expressly acknowledges that the Site will be deemed to be based in Terrebonne, in the province of Quebec in Canada. These Terms are governed and interpreted under the laws of the Province of Quebec and the federal laws of Canada applicable to them and, unless a provision of public order under the law, any legal action brought hereunder Conditions will be exclusive jurisdiction of the courts of the judicial district of Terrebonne.

    6. These Terms (and any other provision mentioned above) constitute the entire rights and obligations that bind us to you in relation to the access and use of the Site and supersede all prior or current communication and proposal, it whether electronic, oral or written. A printed version of these Terms and any information provided in electronic form is admissible in evidence to the same extent and under the same conditions as other evidence.

    7. The parties (the User and Hi Residences) recognize that accepting these Terms and all related documents be written in French. The parts (the User and Hi Residences) acknowledge They Have That thesis required Terms and conditions and all related documentation Be Prepared in French.