LAST UPDATED: January 30, 2017
The following terms and conditions apply for use of the COTTAGESINCANADA.COM website (The "Site
The Site is operated by 9065-8063 Québec inc.
BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS AND CONDITIONS AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THESE TERMS AND CONDITIONS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SITE.
In these terms and conditions the following expressions are used:
" and "our
" refers to the Site but can also refer to 9065-8063 Québec inc.
" means any type of accommodation that is the subject of an advertisement on the Site.
" means the owner of a Property advertised on the Site.
" refers to an individual or organisation acting as a rental booking agent, real estate agent or property manager with explicit authority of the Owner.
" refers to any person who uses the Site in order to rent a Property.
" refers to any person who uses the Site in order to purchase a Property.
" means an advertised Property on the Site.
" refers to any text, graphics or images on the Site.
2.1 We reserve the right to make changes and additions to the Site and these terms and conditions without prior notification. These terms and conditions replace any previous published terms related to the use of the website.
3.1 The Site provides a venue to introduce potential Renters/Buyers to Owners/Agents. We are not the agent of any Owner/Agent listed on the Site, or of any Renter/Buyer.
3.2 We are not a party, either ourselves or on behalf of any Owner/Agent or the Renter/Buyer, in any transaction resulting from use of the site, or any dispute arising from any such transaction. Owners/Agents and Renters/Buyers contract directly with each other and should communicate and deal with each other directly to resolve any problems or disputes.
3.3 Transactions and all other contact between Renters/Buyers and Owner/Agent are conducted entirely at your own risk. Without limiting any other clause of these terms and conditions, you acknowledge that the Site takes no responsibility or liability for any misconduct of any of its users including, without limitation, misrepresentation of properties and fraudulent behaviour and that the Site gives no undertakings, representations, or warranties in relation to the accuracy of information on the website.
3.4 You must not use the Site to make false or fraudulent enquiries.
3.5 The Site reserves the right to amend or remove information published on or through the website if we consider it incorrect or misleading.
3.6 While our Site shows probable availability of some rental Properties, it is not a guarantee that a specific Property is available at a certain time. Renters must always check directly with the Owner/Agent.
3.7 Owners/Agents may have particular requirements or restrictions on their rental Properties. If so, these are a matter between you and the owner/agent.
4. COTTAGESINCANADA PAYMENTS
4.1 The Online Payments service is a tool provided on CottagesInCanada in order to assist Renters to make legitimate reservations.
4.2 We are not a party to any payment transaction between Owners/Agents and Renters, even if We receive a commission in connection with any payment transaction.
4.3 Renters are responsible for ensuring they have read the Owner/Agent's terms for rental prior to making a payment.
SERVICE FEE PAYABLE BY RENTERS
4.4 We charge a service fee of 4% payable by Renters when using our Online Payments service. The Service Fee helps us run our payments platform and provide customer support.
SERVICE FEE IS NON-REFUNDABLE
4.5 The Service Fee is non-refundable, regardless of the Owner/Agent's cancellation policy.
5. SPECIFIC WARNINGS
5.1 We are not an owner or operator of properties. We are not a contracting agent or representative of any advertiser. We encourage Renters/Buyers to communicate directly with the Owner/Agent regarding any rentals or listings made via the Site. We do not make any recommendations or endorsements of listed Properties or Renters of the Site and assumes no liability in respect of the condition of any listed Property on our Site.
5.2 Your use of the Site is at your sole risk.
5.3 The Site does not give any warranties of any kind, whether express or implied, in relation to the website, the service provided by the website, or your use of the website and/or service, including (without limitation) the availability, accuracy or completeness of the Site and the information on it, or the quality or suitability of any accommodation, product or service featured or made available on the website.
COTTAGESINCANADA CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY PROPERTIES. COTTAGESINCANADA IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND PROPERTIES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE RENTER'S OWN RISK.
6. GENERAL RULES
6.1 All listings, and all communications made through or in relation to the Site shall be made in good faith.
6.2 You must not damage, interfere with or harm the Site.
6.3 You may not use a robot, spider, scraper or other automated means to access the website or information featured on it for any purpose without our express permission.
7.1 The Site is not responsible for any of the opinions expressed in the reviews. By posting a review you agree to take full legal responsibility and liability for your review and to indemnify the Site from all liability, loss, damages, costs or expenses suffered by the Site in connection with your review.
7.2 The Site reserves the right to remove any reviews that it considers inappropriate or in breach of these terms and conditions.
7.3 You must not market or export any reviews on the Site to any other venue or website.
8. RESOLUTION OF DISPUTES
8.1 As the Site is not a party to any rental transaction between renter and owner/agent, you agree not to involve, or attempt to involve, us in any dispute or in the resolution of disputes that arise between you and owner/agent as a result of the services provided.
9. GOVERNING LAWS AND JURISDICTION
9.1 These Terms and Conditions are subject to the laws of Quebec and Canada. You expressly recognize that any action you initiated by yourself, CottagesInCanada or any other party to enforce these Terms of Service or any other component relative to the site must be exclusively presented to the District of Montreal.