GENERAL CONDITIONS OF USE
FOR: accesresidences.com
PLEASE READ THE GENERAL TERMS AND CONDITIONS BEFORE USING THE WEBSITE.
The following general terms and conditions govern and apply to your use of or right to use the website maintained by Accès Résidences, namely accesresidences.com (the “Website.”)
When you access or navigate this Website, you declare that you have read and understood the general conditions of use and agree to be bound by them. Please note that we may modify the conditions of use at any time and without notice. Your ongoing use of the Website shall be considered your acceptance of the modified general terms and conditions.
1. INTELLECTUAL PROPERTY
With the exception of content generated by users as defined below, all intellectual property on the Website belongs to us and our licensors. This includes all elements protected by copyright, trademark, brand or patent. All registered trademarks are owned, registered and/or licenced by us. With the exception of content generated by users as defined below, all of the content on the Website, including but not limited to, the text, software, computer code, design, graphics, photographs, sounds, music, videos, applications, interactive functionalities and any other content is a collective work under Canadian law and all other property rights and is the property of Accès Résidences. The webpage elements shown on the Website may not be copied, reproduced, published on another medium, downloaded, posted, transmitted, distributed or modified either in whole or in part in text, graphic, audio, video or executable format without our written authorization.
All rights reserved.
2. USE OF THE COMPANY’S CONTENT
We may provide you with certain information as part of your use of the Website, including but not limited to, documents, data and information developed by us and any other element that may help you to use either the website or its services (hereinafter “Company Content.”) The Company Content may not be used for any purpose other than using the Website and the services offered on the Website. Nothing in these terms and conditions may be interpreted as granting you a licence or intellectual property rights.
3. USER-GENERATED CONTENT
“User-Generated Content” includes communications, design and webpage elements, information, data, opinions, photographs, profiles, messages, notes, hyperlinks, textual information, design, graphics, sound and any other content that you and/or other Website users publish or make available on or using the Website, with the exception of content that is our property.
4. USER ACCOUNT AND RIGHTS OF USE
If your use of the Website requires an account to identify you as a user (hereinafter the “User Account,”) you:
a) are solely responsible for your User Account and maintaining it, ensuring its confidentiality and security and all passwords related to it in addition to the actions of any individual with access to your account, regardless of whether they had your permission;
b) agree to immediately notify us of any unauthorized use of your User Account, services offered through it and passwords related to it and any other risk to its security or service offered through it. You also agree to assist us with ceasing or remedying any risk to the security of your User account when we request such assistance;
c) you agree to provide user information which we may request from time to time that is true, correct and up-to-date and you agree to notify us of any change(s) to your user information as required to ensure that the information in our possession is true, correct and up-to-date.
5. AFFILIATED MARKETING AND ADVERTISING
Through our Website and its services, we may engage in affiliated marketing activities for which we receive commission or a percentage of sales. We may also agree to post advertisements or accept sponsorships from commercial businesses or receive other forms of advertising compensation.
6. ACCEPTABLE USE OF THE WEBSITE
You agree to not use the Website for illicit purposes or for any other purpose forbidden under this clause. You agree to not use the Website in any manner that could harm or damage the Website, its services or the commercial activities of Accès Résidences.
You also agree to not use the Website for the following purposes:
a) harass, abuse or threaten another individual or infringe on the rights of an individual in any manner;
b) infringe or violate the intellectual property of Accès Résidences or any other third party;
c) upload or transmit any computer virus or other software that could damage Accès Résidences’ property or that of another party;
d) commit fraud;
e) create gambling or lottery activities or an illegal pyramid scheme or participate in any such activity or scheme;
f) publish or distribute obscene or defamatory material;
g) publish or distribute any material that incites violence, hatred or discrimination of any group;
h) illegally collect another individual’s information.
7. PRIVACY PROTECTION
For the purpose of using our Website, you may provide us with certain information. By using our Website, you authorize us to use your information within Canada and any other country in which we may operate.
When you register for a User Account, you provide us with a valid email address and may also provide certain additional information such as your name and/or billing details. Based on how you use our Website, we may also receive information from external applications that you use to access our Website or information related to you as a result of various online technologies such as cookies, browsing history, tracking pixels (also known as invisible pixels or invisible GIFs) and bookmarks, for example.
We use the information that we collect about you to ensure you have a positive experience when visiting our Website. We may also track some of the passive information received to improve our marketing and analytics. In order to do this, we may work with third-party suppliers.
If you’d like to block our access to any passive information that we receive from the use of various technologies, you may block cookies on your web browser. Please note that we’ll still receive information related to you that you provide such as your email address.
If you choose to delete your account, we’ll store and retain your information for the following period: 30 days. After this time, all information related to you will be deleted.
8. RELEASE OF LIABILITY
Our Website was created solely for communication purposes. You recognize and agree that all information published on our Website cannot be interpreted as legal, medical or financial advice and that you and Accès Résidences are not bound by a fiduciary relationship. We shall in no event be held responsible for advice or any other information communicated on the Website.
9. REVERSE ENGINEERING AND SECURITY
You may not undertake any of the following actions:
a) use reverse engineering or disassemble any code or software on or from the Website;
b) disrupt or attempt to disrupt the security of the Website through any unauthorized access, circumvent encryption or any other security tool, leverage data or interfere with any host, user or network.
10. DATA LOSS
We are not responsible for the security of your User Account or its content. Use of the Website is at your own risk.
11. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Accès Résidences and its affiliated companies from any claims, legal proceedings and actions including legal fees that may result from or relate to your use or misuse of the Website, violation of these terms and conditions or your behaviour or actions. If we decide to take action, we’ll select a lawyer to defend our company.
12. POLICY ON SPAM EMAILS
You’re strictly forbidden to use the Website or any service offered on the Website for the purpose of illegal activities related to spam emails. This includes collecting email addresses and personal information related to other parties and sending mass marketing emails.
13. THIRD-PARTY LINKS AND CONTENT
We may publish links to third-party websites and services. We are in no way responsible for damage or loss related to the use of services offered by a third party where a link is shown on our Website.
14. INDEPENDENT CLAUSES
If one of these clauses is recognized, either in whole or in part, as being illegal or declared null and unenforceable, the inapplicable portion will not affect the validity and applicability of the other clauses in these conditions of use.
15. SERVICE INTERRUPTIONS
We may be required to interrupt your access to the Website for the purpose of carrying out maintenance work or unplanned emergency interventions. You agree that your access to the Website may be affected by an unplanned or unexpected period of unavailability for any reason and agree that we are not, under any circumstances, responsible for damage or loss related to this unavailability.
16. TERMINATION OF YOUR USER ACCOUNT
We may suspend, limit or terminate your User Account and your use of the Website at our discretion at any time without notice and for any reason including the performance or efficiency of the Website or equipment or a network which we own or is owned by a third party and is affected by your use or misuse of the Website or where you’re violating or have violated the terms and conditions of this agreement. We assume no responsibility for third parties including third-party providers with regard to any suspension, limit or termination of your access to the Website.
17. NO GUARANTEE
Although we make all reasonable efforts to ensure that the content of this Website is accurate, we cannot guarantee that such content is free of errors, up-to-date and complete. We cannot, under any circumstances, be held responsible for any damages that may result from an error on the Website.
We assume no responsibility for any damages that may arise from poor or inappropriate use of the Website’s content. Furthermore, we cannot guarantee that the Website will be available without interruption and free of errors and omissions or that such defects will be corrected. In addition, we are unable to guarantee that the Website and servers on which the Website is hosted are free from viruses or harmful elements. The Website and its content are provided “as is” and “based on availability” without an express or implicit declaration, guarantee or condition of any kind.
If you choose to sign up for the Website’s services or functions that require a subscription, you agree to provide accurate and up-to-date information related to you as required for the subscription process in question. You also agree to ensure the accuracy of this information and update such information in a timely manner. You accept to ensure the confidentiality of all passwords and other account identification information that you choose or are assigned to you at the time of registration or subscription on the Accès Résidences Website or a partner Website. You also assume responsibility for all activities relating to the use of such passwords and accounts. Furthermore, you accept to inform us of any unauthorized use of your password or member account. We are in no way either directly or indirectly responsible for loss or damage of any kind that results from your failure to comply with this provision or loss or damage related to any such failure.
You acknowledge that, at our discretion and without providing notice, we may suspend, cancel or put an end to your account, use of or access to the Website or one of its services and remove and delete all information and content relating to the Website or a service offered (and put an end to your use thereof) for any reason such as where we believe that you violated these terms and conditions. Moreover, you recognize that we are in no way responsible for you or any other individual following any such suspension, cancellation or end of use. If you’re not satisfied with Accès Résidences or any of its services or one of the terms and conditions, rules, policies, guidelines or practices governing the use of Accès Résidences or one of its services, your sole recourse is to cease using the Website or the service in question.
18. CONFIDENTIALITY
In addition to these general terms and conditions, the Website contains a Confidentiality Policy that outlines how personal information is processed when you visit the Website and how cookies are used.
For further information, please consult our Confidentiality Policy on https://dev.accesresidences.com/politique-de-confidentialite/.
When you navigate the Website, you declare that you have also familiarized yourself with the above-mentioned Confidentiality Policy.
19. LIABILITY LIMITATIONS
To the fullest extent permitted by law, we are not, under any circumstances, responsible for any damages that you may suffer as a result of your use of the Website. The maximum liability for which Accès Résidences will be held responsible for your use of the Website is limited to one hundred Canadian dollars ($100). This is applicable to any claim including, but not limited to a loss of profit or revenue, indirect or punitive damages, negligence, general liability and any form of fraud.
20. QUESTIONS AND ADDITIONAL INFORMATION
If you have any questions or for further information, please contact us by emailing contact@accesresidences.com.