Games Client Property Program – commercial matching service: Terms and Conditions

By clicking the I AGREE button, the user acknowledges that:

  1. Tourism Whistler, the Resort Municipality of Whistler (the “RMOW”), the Whistler Chamber of Commerce (the “WCOC”) and Regent Group Enterprises Ltd, doing business as Whistler.com (“Whistler.com”) (Tourism Whistler, the RMOW, the WCOC and Whistler.com are collectively referred to as the “Whistler Parties”, “we”, “our” and “us”) provide a free matching service by providing information regarding commercial properties on a secured website (the “Website”).  Information about a property that is published on the Website is the sole responsibility of the owner or tenant of the property.  The Whistler Parties shall not be liable for any misrepresentation in such information.
  2. The Whistler Parties strongly recommend that users of the Website seek the independent advice of their professional advisors (including without limitation their real estate agents and/or lawyers) with regards to any questions, issues or concerns regarding any of the information published on the Website, including information about any of the properties described on the Website, any of the requirements (including without limitation any leasing or subleasing clauses) set by the owners of the properties and any legal requirements (including without limitation any zoning issues).
  3. He/she has read and understood the Terms and Coditions Agreement and agrees to be bound thereby.

THE FOLLOWING DESCRIBES THE TERMS ON WHICH THE WHISTLER PARTIES OFFER USERS ACCESS TO THE WEBSITE.
By use of the Website, a user (referred to as “you” and “your”) agrees with and accepts all of the terms and conditions contained in this Terms of Use Agreement (the “Agreement”) and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference.
We may amend this Agreement at any time by updating this posting. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Website.

  1. User Eligibility

    The Website is available only to, and may only be used by, individuals and businesses who or which can form legally binding contracts under applicable law. If you are registering as a business entity, you thereby represent that you have the authority to bind the entity to this Agreement.

  1. Services and ‘No Fees’ Policy

    Searching and viewing the Website is free. We do not charge fees for listing or searching properties.  We may in our sole discretion change some or all of our services at any time.

  1. The Website is a Passive Forum

    3.1 Passive Forum. The Website is a passive forum which allows registered users to list and search properties at any time, from any location. The Whistler Parties do not assume any legal obligations in respect of the Website or any of the information contained on the Website.  We are not involved, and will not be involved, in any actual transactions between property owners and renters. As a result, we do not have control over the quality, safety or legality of the properties listed on the Website, the truth or accuracy of the listings, the ability of owners to rent property or the ability of renters to pay for rental property.  We cannot ensure and offer no assurance that an owner or renter will actually complete a transaction.
    3.2 Local Bylaw. The RMOW has its own local regulation and bylaws. The Whistler Parties do not guarantee that any property listed on the Website complies with local bylaw regulation.  It is the responsibility of the property owner or tenant to ensure that accurate information is provided on any property that it lists and it is the responsibility of the renter to perform its own due diligence on a prospective rental property, including without limitation verification with the local municipal government that short term rentals as advertised do not conflict with local bylaws.

    3.3 Release. Because the Website is a passive forum, in the event that you have a dispute with one or more users, you agree to release the Whistler Parties (and our respective affiliates and subsidiaries and all of our and their officers, directors, agents, contractors and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such disputes.

    3.4 Information Control. We do not control the information provided by users which is made available through the Website. You may find information provided on the Website by another user to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Website. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretence. By using the Website, you agree to accept such risks and you agree that we are not responsible for the acts or omissions of users of the Website.

  1. Listing and Renting
     
    4.1 Listing Descriptions.     Everybody who lists a property for rent must be legally able to do so. The property and all terms of rental have to be described on the listing page of the Website. Listings may only include text descriptions, graphics, pictures and other content relevant to the rental of that property. 

    4.2 Fraud. Without limiting any other remedies, the Whistler Parties may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with the Website.

    4.3 Manipulation. Neither renters nor owners may interfere with other users’ listings or transactions.

  2. Your Information

    5.1 Definition.     "Your Information" is defined as any information you provide to us or other users in the registration, listing or searching process, or through any email feature associated with the Website. You are solely responsible for Your Information.  Through the Website, we act as a passive forum for your online distribution and publication of Your Information.

    5.2 Restricted Activities. Your Information (or any properties listed) and your activities on the Website shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the rental of counterfeit or stolen property; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, otherwise be adult in nature or harmful to minors; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; or (bb) you do not have a right to link to or include. Furthermore, you agree that you will not list any property on the Website (or consummate any transaction that was initiated using the Website) if such listing could cause a violation by any of the Whistler Parties of any applicable law, statute, ordinance or regulation. 

    5.3 License. Solely to enable the Whistler Parties to use Your Information so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicense-able (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. You also waive all moral rights you have in such information. We will only use Your Information in accordance with our Privacy Policy.

  3. Access and Interference

    You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Website without our express written permission and the express written permission of the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
  1. Breach

    Without limiting our other remedies, we may, in our sole discretion, limit your activity on the Website, immediately remove your listings from the Website, warn our other Website users of your actions, issue a warning about you on the Website, temporarily suspend your access to the Website, indefinitely suspend or terminate your User ID and/or refuse to allow you to register on the Website if: (a) you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause financial loss or legal liability for you, our users or us.
  1. Privacy

    We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your personal information as described in the Privacy Policy.     We view protection of users’ privacy as a very important community principle. We store and process your information on computers located in Canada that are protected by physical as well as technical security devices. We use third parties to review our privacy practices.  If you object to your personal information being transferred or used in this way, please do not use the Website.
  1. No Warranty

    WE, AND EACH OF OUR RESPECTIVE AFFILIATES AND SUBSIDIARIES, AND ALL OF OUR AND THEIR OFFICERS, DIRECTORS, AGENTS, CONTRACTORS AND EMPLOYEES: (A) PROVIDE THE WEBSITE "AS IS" AND WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY; AND (B) SPECIFICALLY DISCLAIM ANY IMPLIED REPRESENTATION, WARRANTIES OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY LAW OR THROUGH A COURSE OF DEALING OR USAGE OF TRADE, UNLESS SPECIFICALLY REQUIRED BY LAW.
  1. Liability Limit

    IN NO EVENT SHALL WE, OR ANY OF OUR RESPECTIVE AFFILIATES AND SUBSIDIARIES, OR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, AGENTS, CONTRACTORS AND EMPLOYEES, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR RESPECTIVE AFFILIATES AND SUBSIDIARIES, OR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, AGENTS, CONTRACTORS AND EMPLOYEES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO C$150.00 IN AGGREGATE.

  2. Indemnity

    You agree to indemnify and hold each of the Whistler Parties, and our respective affiliates and subsidiaries and all of our and their officers, directors, agents, contractors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  1. Legal Compliance

    You agree that you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website.
  1. No Agency

    You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
  1. Notices

    Except as explicitly stated otherwise, any notices shall be given: (a) in the case of a notice to the Whistler Parties, by registered mail to Regent Group Enterprises Ltd, doing business as Whistler.com, Attn: Legal Department Suite 496, 800 - 15355 24th Avenue, Surrey, BC, Canada, V4A 2H9; or (b) in the case of a notice to you, to the email address you provide during the Website registration process or (in our sole discretion) by registered mail, postage prepaid and return receipt requested, to the address provided by you during the Website registration process. Such notices will be deemed to be given and received: (a) if sent by registered mail (by you or us, as the case may be), on the third business day after posting; and (b) if sent by email by us, 24 hours after the email is sent (unless we are notified that the email address is invalid).
  1. Resolution of Disputes

    In the event a dispute arises between you and us, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and we agree that any claim or controversy at law or equity that arises out of this Agreement or in respect of the Website ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by both you and us. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

    15.1 Binding Arbitration.     For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than C$15,000, either you or we may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance required. In such cases, the arbitration shall be held in Surrey, British Columbia, Canada in English and will be conducted pursuant to the International Commercial Arbitration Rules of the International Commercial Arbitration Centre and pursuant to the British Columbia Commercial Arbitration Act, or any other established alternative dispute resolution provider mutually agreed upon by both you and us in writing. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

    15.2 Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Surrey, British Columbia, Canada.

    15.3 Alternative Dispute Resolution. Alternatively, we will consider the use of other alternative forms of dispute resolution, as agreed upon by both you and us in writing.

    All Claims (excluding requests for injunctive or equitable relief) by either you or us must be resolved using the dispute resolution mechanism that is selected in accordance with this Section 15 by the first of you or us to file a Claim. Should either of you or we file an action contrary to this Section 15, the other may recover attorneys’ fees and costs up to a maximum of C$1500, provided that the party seeking the award has notified the other in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
  1. General

    This Agreement shall be governed in all respects by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. We do not guarantee continuous, uninterrupted or secure access to the Website, and the operation of all or a part of the Website may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated terms and conditions may be automatically assigned by us in our sole discretion, provided that we provide you with notice of such assignment in accordance with Section 14. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and us with respect to the subject matter hereof. Sections 3.4 (Release), 5.3 (License), 6 (Access and Interference), 9 (No Warranty), 10 (Liability Limit), 11 (Indemnity) and 15 (Resolution of Disputes) shall survive any termination or expiration of this Agreement.
  1. Copyright

    All information and materials on the Website are protected by copyright laws and are owned by the Whistler Parties.
    Users may, subject to the terms and conditions of this Agreement, print or otherwise save individual pages of this Agreement for private use. However, property listings and/or data may not be modified or altered in any respect, merged with other data or published in any form, in whole or in part. The prohibited uses include “screen scraping”, “database scraping” and any other activity intended to collect, store, reorganize or manipulate or publish data on the pages produced by, or displayed on the Website.

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