POSTING SERVICES AGREEMENT
Chaletsalouer.com / Cottagesrental.com ("Website") is a website owned by 9217-8037 Québec inc. (hereafter "9217" or "we" or "us"), which provides visibility to Advertiser(s) who wish to rent or sell one or more Properties, as these terms are defined hereafter.
This posting service agreement ("Agreement") is entered into between 9217 and the Advertiser for the provision of the services described herein. Please take the time to read it carefully as it constitutes a contract between you and 9217.
The Agreement shall prevail over any terms and conditions of purchase issued by the Advertiser, contained in any document whatsoever, including an order form, by reference to a website or otherwise, regardless of the method or time of transmission. Acceptance of the publication of an Advertisement, as defined below, does not constitute acceptance of such conditions and shall not be interpreted as constituting a modification of this Agreement.
1.DEFINITIONS
1.1 For the purposes of this Agreement, the following terms shall have the meaning set forth below :
1.1.1 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;
1.1.2 Advertiser(s) or you: means the natural or legal person who contracts with 9217 by accepting this Agreement, in order to publish an Advertisement on the Website for the purpose of selling or renting one or more Properties;
1.1.3 Content : means any content that the Advertiser uploads, publishes, submits, transmits or includes in its Advertisement, including any text, photos, images, graphics, videos or links to other websites;
1.1.4 Package : means the type of posting service on the Website and the associated scope of services that the Advertiser selects when entering into this Agreement;
1.1.5 Property(ies) : means any type of house, apartment, condo, cottage or other temporary or permanent dwelling place advertised on the Website by an Advertiser;
1.1.7 Visitor : means any person who consults or browses the Website, who contacts an Advertiser through the Website or who rents or buys a Property because of an Advertisement published on the Website.
2.PURPOSE OF THE AGREEMENT
2.1 Subject to compliance with the terms and conditions set forth herein and payment of the amounts provided for, 9217 offers the Advertiser a platform enabling him to display its Property for rental or sale purposes via an Advertisement, as well as the services included in the chosen Package.
2.2 The Advertiser declares that he understands that the contractual relationship between 9217 and the Advertiser is solely for the purpose of publishing Advertisements and using the Website. The Advertiser thus acknowledges that 9217 is a third party to any sale or rental contract whatsoever with a Visitor and does not intervene at any time in this regard. 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 Advertiser hereby waives any claim against 9217 regarding a Visitor's claim, the interpretation, execution or arbitration of any dispute concerning an agreement to rent or purchase a Property entered into with a Visitor.
2.3 To the extent that the Advertiser withing the meaning of this Agreement has delegated or subcontracted the sale or lease of its Property to a third party, including without limitation a manager, real estate broker or other agent ("Representative") who would take over on behalf of the Advertiser, in whole or in part, the management of the Advertisement and/or a Property as well as the relationships with Visitors, the Advertiser undertakes to ensure that any such Representative complies with the terms of this Agreement. The Advertiser shall thus be liable for any breach of this Agreement by itself or by one of its Representatives, and undertakes to hold harmless and indemnify 9217 from any claim in this regard.
3.CREATION OF ACCOUNT
3.1 You must set up an account in order to be able to publish an Advertisement.
3.2 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.
3.3 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 this Agreement.
3.4 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.
4.PRICE AND METHOD OF PAYMENT OF THE PACKAGE
4.1 The price of a Package is the price in effect at the time it is selected by the Advertiser for the publication of an Advertisement. All prices are subject to change at any time and without notice, at 9217's sole discretion.
4.2 Prices exclude all sales taxes, goods and services taxes and any other similar charges imposed by any present or future governmental authority.
4.3 The price of the Package as well as the applicable taxes ("Sale Price") must be paid in a single payment, prior to the posting of the Advertisement by 9217.
4.4 The Sale Price can be paid by one of the following payment methods: (i) Visa or MasterCard via the Website; or (ii) by any other payment method agreed upon between 9217 and the Advertiser.
4.5 The Sale Price is non-refundable under any circumstances. In the event of cancellation by the Advertiser during the period of validity of a Package, the Advertiser will be required to pay the full Sale Price. The Advertiser hereby expressly waives the application of Article 2125 of the Civil Code of Quebec.
4.6 The Advertiser may, at its sole discretion, withdraw or modify any of its Advertisements during the validity period of the Package, subject to the terms and conditions set forth herein.
5.DURATION AND RENEWAL OF THE PACKAGE
5.1 Each Package will be valid for a period of one (1) year from the date indicated on the invoice issued by 9217.
5.2 Thirty (30) days prior to the expiration of a Package, 9217 will send the Advertiser, by email, a renewal notice. The Advertiser must accept the renewal of the Package and the terms of the Agreement and pay the Sale Price prior to the expiration of the Package, failing which 9217 reserves the right to withdraw the Advertisement.
6.CONTENT OF AN ADVERTISEMENT
6.1 The Advertiser is solely responsible for determining the Content of the Advertisement and ensuring that it strictly complies with all applicable legal requirements and this Agreement. In order to meet industry standards and customer satisfaction, the Advertiser also undertakes to ensure that the Advertisement contains all preliminary information allowing a fair assessment of the characteristics of the Property by the Visitor, as well as any services offered by the Advertiser or restrictions applicable in connection with the offer for lease or sale. Such information includes, in particular, the location, capacity, size, summary description of the Property, an estimate of the price for the rental or sale of the Property, as well as its availability dates, if any. The Advertiser hereby declares to 9217 that it guarantees at all times the accuracy, truthfulness and adequacy of the Content of its Advertisement, and that it will immediately remove any element of Content that ceases to meet the aforementioned criteria.
6.2 The Advertiser also agrees not to publish any Content that would be :
i. defamatory, threatening, abusive, harassing, hateful, indecent, coarse, obscene, pornographic, violent, harmful, racist or otherwise injurious to the privacy or physical and psychological integrity of any person;
ii. of such a nature as to induce the commission of a criminal offence or give rise to criminal or civil liability;
iii. false, confusing or otherwise likely to mislead Visitors;
iv. otherwise illegal under any legislative standard.
6.3 9217 may refuse to post or remove at any time any Content or Advertisement that it deems inappropriate in its sole discretion. Notice may be given to the Advertiser to give the Advertiser the opportunity to modify its Advertisement, without this constituting an obligation of of 9217 if immediate withdrawal is deemed appropriate. An Advertisement which Content has been corrected to the satisfaction of 9217 will be posted back on the Website. In all cases of temporary or permanent withdrawal of an Advertisement, no compensation of any kind will be due to the Advertiser, which is responsible for ensuring that its Advertisement complies with this Agreement.
7.RULES OF USE OF THE WEBSITE
7.1 De par son utilisation du Site Web et la publication d’une Annonce, l’Annonceur s’engage expressément à ce qui suit :
i. Not to engage in advertising or other commercial solicitation, excluding the Content of an Advertisement;
ii. 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;
iii. to access the Website through the http protocol using an internet browser only, and not to attempt to gain access to 9217's servers in any way, including through the use of the administrator account;
iv. not to upload to or transmit through the Website any files, data, software or links that contain or point to a virus, Trojan horse, worm, or other harmful component;
v. not to use any automated or manual process, software or other means or procedures to, among other things, access, collect information, browse or scan the Website;
vi. 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;
vii. use the Website only for the purposes expressly permitted by this Agreement;
viii. not to display or use or permit the display or use of any Content on the Website that is not publicly available;
ix. not to interfere with the use of the Website;
x. not to improperly make complaints or false reports regarding the Website;
xi. not to invite any Advertiser or Visitor to use the services of third parties competing with those of the Website;
xii. not to open more than one account on the Website, impersonate another person or otherwise use an identity other than your own; and
xiii. induce or encourage any third party to do any of the above.
8. PROTECTION OF PERSONAL INFORMATION
8.1 The protection of your personal information as well as the respect of your privacy is one of our priorities. Information on the nature of the information collected during your use of the Website and the conclusion of the Agreement, the reasons for which this information is collected and the use made of it is available at the following link: Chaletsalouer Privacy Policy, which you are responsible for consulting and acknowledge having read and understood by your acceptance of this Agreement.
8.2 The Advertiser acknowledges that the Visitor's data will constitute, at least in part, personal information under the laws in force in the province of Quebec, Canada and within the meaning of the General Regulation on Data Protection (GDPR) in force in the European Union and that such data will be collected by the Advertiser in the course of its dealings with the Visitor. Consequently, the Advertiser undertakes, during the period of validity of this Agreement and for the entire duration provided for by the law or any personal data protection policy applicable to the Visitors, to comply with the applicable personal data protection regulations when processing the personal data entrusted to the Advertiser, to maintain an adequate level of security of its computer systems in accordance with the laws in force and to indemnify and hold 9217 harmless from any violation of the applicable legal provisions, in particular, but not limited to, those relating to obtaining the required consents, the disclosure obligations to the Visitors, the protection of the confidentiality of data, their use, safekeeping, destruction within the prescribed time limits, etc.
9. OTHER OBLIGATIONS OF THE ADVERTISER
9.1 By using the Website and posting an Advertisement, the Advertiser agrees to comply with: (a) this Agreement; (ii) any other policies that 9217 may adopt from time to time in connection with the Website and its features; and (iii) all applicable laws in the jurisdiction where it operates and where it publishes an Advertisement, including the Quebec Consumer Protection Act, the laws on the protection of intellectual property, those governing short-term tourist rentals and all government decrees and health standards put in place in the interest of public health.
9.2 More specifically, the Advertiser undertakes to hold any permit, authorization or registration that may be required for the rental of its Property and to adopt the hygiene measures appropriate depending of circumstances. Municipal regulations may contain provisions governing the sharing of private property or its rental. Some co-ownership agreements may also provide for restrictions on leasing, even if only temporarily. In some places, short-term rentals may also be prohibited. The Advertiser is entirely responsible for informing itself and for complying with the regulations in force and with its contractual commitments under this Agreement, to the full exoneration of 9217.
9.3 Tax obligations in connection with the rental or sale of a Property via an Advertisement, including the collection and remittance of any applicable taxes, are also the responsibility of the Advertiser.
10. INTELLECTUAL PROPERTY
Intellectual Property of the Advertiser
10.1 By submitting Content to the Website, you grant 9217 an irrevocable, perpetual, non-exclusive, transferable, royalty-free license to display, broadcast, modify, reproduce or otherwise use the Content published on the Website, at 9217's discretion in the course of the operations of its business and the management of the Website.
10.2 By submitting any Content to the Website, you represent and warrant to 9217 that: (a) you are the owner of the Content or have written permission from the copyright owner or other authorized person to make the Content available on the Website; (b) your Content is accurate and correct; (c) you have the right to grant the license set forth above to 9217; and (d) the reproduction, display, distribution, use and other exploitation of the Content by 9217 and their service providers, members, users and licensees as permitted by the license mentioned above will not violate the rights of any third party, and will not violate any law, in particular copyright laws, trademark laws, the protection of intellectual property in general or any other rights of any third party.
Intellectual property of 9217
10.3 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, hardware 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.
10.4 The Advertiser undertakes, both for the duration of this Agreement and thereafter, never to infringe, directly or indirectly, on any of 9217's rights in its intellectual property, in particular not to :
i. adopt or use any trade-marks or other intellectual property that is likely to cause confusion with, or is an imitation of, the intellectual property of 9217.
ii. not to seek to invalidate, attack or otherwise challenge the legitimacy of 9217's rights in its intellectual property
iii. not to use 9217's intellectual property other than in accordance with this Agreement without its prior written consent.
11. THIRD-PARTY WEBSITES
11.1 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, « the 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.
12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
12.1 The posting of an Advertisement on the Website is not a guarantee of results. In no case does 9217 guarantee a volume of requests corresponding to the expectations of the Advertiser, the achievement of a determined revenue or traffic threshold on the Website to the satisfaction of the Advertiser.
12.2 We undertake to take reasonable technical measures to protect the physical security and integrity of the Website's functionalities. However, given the very nature of the public network that is the internet, the Advertiser acknowledges and accepts that the security of transmissions via the internet cannot be guaranteed.
12.3 Your use of the Website as well as the online availability of your Advertisement may be interrupted or discontinued, in whole or in part, at any time. It cannot be excluded that the Website 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 Advertisers and 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.
12.4 9217 PROVIDES THE WEB SITE 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. THE ADVERTISER USES THE WEBSITE AT ITS OWN RISK. 9217 DOES NOT GUARANTEE 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, AMONG OTHERS OF ADVERTISERS. THE ADVERTISER RELEASES 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 CANNOT BE HELD RESPONSIBLE FOR LOSS OF PROFITS OR ANY OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. 9217'S LIABILITY WILL IN ALL CASES BE LIMITED TO THE SALE PRICE PAID BY THE ADVERTISER. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW SUCH LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. IN SUCH EVENT, 9217'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
13. INDEMNITY
13.1 BY YOUR USE OF THE WEBSITE AND YOUR POSTING OF AN ADVERTISEMENT, YOU AGREE 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 VIOLATION OF THIS AGREEMENT; (2) ANY CLAIM, DISPUTE OR OTHER DISAGREEMENT WITH A VISITOR, FOR WHICH YOU EXPRESSLY UNDERTAKE TO BEAR ALL COSTS, ASSUME 9217'S DEFENSE AND REIMBURSE 9217 FOR ALL COSTS ASSOCIATED WITH ANY CLAIM BY YOU, IN VIOLATION OF THIS AGREEMENT, OR ANY CLAIM BY A VISITOR; (3) THE INACCURACY OF THE CONTENT OF YOUR ADVERTISEMENT OR ANY OF YOUR REPRESENTATIONS; AND (4) ANY MISCONDUCT BY YOU OR ANY PERSON FOR WHOM YOU ARE RESPONSIBLE UNDER THIS AGREEMENT OR BY LAW, INCLUDING YOUR REPRESENTATIVES.
14. SUSPENSION OF THE ACCOUNT AND TERMINATION OF THE AGREEMENT
14.1 In the event that 9217 considers, in its sole discretion, that an Advertiser does not comply with this Agreement, any other 9217 policy or any applicable law, 9217 reserves the right to restrict or suspend the Advertiser's account, to withdraw an Advertisement or to terminate this Agreement, without notice or compensation and without prejudice to any other rights and remedies that 9217 may have.
15. APPLICABLE LAW AND DISPUTE RESOLUTION
15.1 This Agreement, its interpretation, execution, application and validity are subject to the laws in force in the province of Quebec, excluding its conflict of law rules.
15.2 In the event of any disagreement between you and 9217 on the application of this Agreement, with the exception of a dispute with a Visitor, 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 this Agreement. We will try to the extent possible to reach an amicable settlement and find an appropriate solution to the situation, without prejudice to the right of each party to apply to the courts in the manner and at the time it deems appropriate.
15.3 Any dispute arising out of or relating to this Agreement shall be submitted 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 Advertiser and 9217.
16. GENERAL PROVISIONS
16.1 This Agreement will not confer upon the Advertiser any title of representative or partner for any purpose whatsoever. The Advertiser and 9217 are independent contractors and the Advertiser is not authorized to enter into any contract, agreement, warranty or representation of any kind for or on behalf of 9217 without its prior written authorization.
16.2 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 this Agreement, which shall remain in full force and effect.
16.3 The failure or delay by a party to exercise any right, remedy or privilege under this Agreement will not constitute a waiver of such right, remedy or privilege. Similarly, such party shall not be precluded from exercising any right, remedy or privilege at a later date which it has not previously exercised, in whole or in part.
16.4 This Agreement is binding upon and enforceable not only against the parties, but also against their respective executors, estates, successors, heirs, legatees, assigns, agents or servants and their respective permitted assignees.
16.5 9217 may assign, at any time, its rights and obligations under this Agreement to a third party without having to obtain the consent of the Advertiser at the time of the assignment. The Advertiser may not assign, alienate or otherwise transfer its Package or its rights and obligations under this Agreement to anyone else without the express consent of 9217.
16.6 This Agreement may be amended or modified in whole or in part with the consent of 9217, but any such amendment or modification shall only be effective when evidenced in writing signed by all parties hereto.
16.7 The Advertiser acknowledges that this Agreement has the same effect and value as if it had been signed personally by him. A printed version of this Agreement 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.
17. CONTACT AND NOTICES
17.1 All requests for technical support or questions regarding the Website, this Agreement 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
Email: 105,110,102,111,64,99,104,97,108,101,116,115,97,108,111,117,101,114,46,99,111,109|105,110,102,111,64,99,104,97,108,101,116,115,97,108,111,117,101,114,46,99,111,109,60,47,97,62|Courriel via www.cottagesrental.com|
Phone : (450) 768-6560
Any notice required to be given hereunder shall be sufficient if in writing and sent by email to the other party, requesting an acknowledgement of receipt from the addressee, proving that such notice is actually received. The Advertiser's email address shall be deemed to be the email address provided when subscribing to the Package. The e-mail address of 9217 is as mentioned above.
BY CLICKING ON THE "I ACCEPT" BUTTON, THE ADVERTISER CONFIRMS THAT IT HAS REACHED THE AGE OF MAJORITY IN ITS PLACE OF RESIDENCE, DECLARES THAT IT ACCEPTS AND AGREES TO ALL THE PROVISIONS OF THIS AGREEMENT, AND UNDERTAKES TO COMPLY WITH ITS TERMS AND CONDITIONS.
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