Website Terms and Conditions
The present Terms and Conditions (“Terms and Conditions”) is a legal agreement between you, the user (“USER”, “you”) and KOSY GROUP (“KOSY GROUP”), concerning the services provided by KOSY GROUP (the “Services”), including those provided via its website, KOSY.CA (“Website”), any future website of KOSY GROUP and the profiles of KOSY GROUP on social media.
The Services as well as any KOSY-brand or KOSY GROUP-brand product or service are managed and operated by Portail Immobilier ListYourPlace.ca Inc. headquartered at 3435 Prud’Homme Bureau 27 Montreal , Quebec H4A 3H6.
ACCEPTANCE OF THE TERMS
By consulting and/or publishing any advertisement on the Website or the social media profiles of KOSY GROUP and/or by any consultation or use of the Services, the USER agrees to be bound by each and every provision of the present Terms and Conditions. The use of the Website by the USER is conditional upon acceptance, by the USER, of the provisions of the present Terms and Conditions. In the event that the USER refuses to adhere to these Terms and Conditions, the USER should not use the Services.
By using this Website you agree to be bound by the terms and conditions of the linking policy. You are allowed to write external links solely in the space provided for such links. You agree that you shall not post email addresses, urls or any external links on the property description section. Failure to respect this undertaking may result in suspension of your Account.
Subject to the section “Operation of the Website and accessibility”, KOSY GROUP is committed to effectively maintaining on its Website, for all the duration agreed upon at the time the order was placed via the Website or by any other means agreed upon between the USER and KOSY GROUP, any advertisement placed on the Website, notwithstanding, for example, that the goods subject of the advertisement may have been rented before the expiration of the publication period agreed upon between the USER and KOSY GROUP at the time that the order was placed.
No refund will be issued to the USER or any person connected with any advertisement published on the Website, even if the goods are rented or if the advertisement relating to the goods is no longer required and/or desired, before the end of the publication period of the advertisement.
Any sale by KOSY GROUP regarding publication on its Website is final.
The publication fees for listing advertisements on the Website are indicated on the Website. The USER must inform himself/herself of such fees and accept the applicable fee when he/she places an advertisement.
In order to place an order, a USER may be required to provide KOSY GROUP with financial information such as a credit card number which will permit KOSY GROUP to automatically withdraw the amounts necessary to pay the publication fees incurred by the USER.
KOSY GROUP reserves the right to modify the publication fees indicated on the Website at any time, without notice. Price modifications will not affect the price of subscriptions in effect at the time of the price modification.
KOSY GROUP also reserves the right to suspend the account of any USER who fails to make any payment due.
MODIFICATIONS TO THE SERVICES
KOSY GROUP reserves the right to refuse to publish any advertisement it considers inappropriate for any reason, in KOSY GROUP’s sole discretion. KOSY GROUP also reserves the right to revise and, if it considers suitable, to require that the USER modify any advertisement, for or during its publication on the Website.
All the content published on this Website is copyright-protected. The contents and the copyrights on the contents belong or are under control of KOSY GROUP.
The logos of KOSY GROUP are protected under trademark law. It is strictly forbidden to use any of the trademarks appearing on this Website or any other Website accessible via the Website without the written authorization of KOSY GROUP or by the holder of the rights on this trademark.
Every USER expressly guarantees to KOSY GROUP that all text, photographs, drawings, trademarks or any other materials provided to KOSY GROUP for publication on the Website (the “Content”) are the property of the USER, or that this USER has obtained the authorization of the holder of the rights concerned, to use the Content.
Every USER undertakes to exonerate, hold harmless and defend KOSY GROUP, as well as its subcontractors, employees and representatives, against any claims or against any recourse which may be brought against KOSY GROUP resulting from the use of the Content provided by the USER.
By submitting, publishing or displaying the Content on or via the Services, the USER grants to KOSY GROUP a world-wide, non-exclusive and royalty-free license to use, copy, reproduce, adapt, modify, publish, transmit, display and distribute the Content in every media and method of distribution (now known or developed in the future).
OPERATION OF THE WEBSITE AND ACCESSIBILITY
KOSY GROUP does not guarantee the information, services and software provided on WEBSITE will be exempt of anomalies or errors and “bugs”, nor that they may be corrected, nor that WEBSITE will function without interruptions or breakdowns, nor that it is compatible with any material or particular configuration other than those expressly validated by KOSY GROUP. Under no circumstances will KOSY GROUP be responsible for any dysfunctions attributable to third-party software, whether or not incorporated into the Services or provided with the Services. Under no circumstances will KOSY GROUP be responsible for damages directly or indirectly, foreseeable or unforeseeable (including the loss of profits or opportunity) arising from the supply and/or use, or the total or partial impossibility to use the Services. Without limiting the generality of the foregoing, KOSY GROUP will not be responsible for any loss of income, loss of profits or any damages, caused to the USER or any person, directly or indirectly, through the use of Services, including the renting of the goods being advertised.
KOSY GROUP will not be held responsible for any or all errors or omissions which occur on the Services. KOSY GROUP will not be held responsible towards any person whatsoever for errors or omissions of any nature related to the contents or the materials related to the Services, and will grant no guarantees express or implicit on the contents or materials related to the Services. KOSY GROUP will not be held responsible for any or all losses, or any or all damages of any nature, direct or indirect, specials or fortuitous included, likely to result.
KOSY GROUP gathers statistics relating to the behavior and the practices of its USERS, in order to allow us to evaluate the interest of the USERS in the various elements of the Services. The information obtained is for internal use only, with the aim of improving the contents of this Website. All this is done so that you the best optimal experience at the time of your visit to this Website and to better adapt the site to the needs of the USERS, with regards to the arrangement of the web pages and its headings.
UNSOLICATED EMAIL (“Spam”)
KOSY GROUP prohibits the use of our Services to send unsolicited emails to USERS. USERS who violate this provision may have their account terminated at the sole discretion of KOSY GROUP.
THIRD PARTY SITES
the Services provides hyperlinks to websites that are not managed nor controlled in any way by KOSY GROUP, and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Website. KOSY GROUP is not responsible for the quality and exactitude of the products and services, content, availability and the fulfillment of any third party websites.
Finally KOSY GROUP grants no guarantees on other Websites to which this Services gives you access. It is entirely your responsibility to ensure that the websites, which you choose to access, are free from any destructive elements, including viruses. You must refer to the policies and conditions of use appearing on those websites regarding privacy and other topics before consulting/using them. KOSY GROUP is not responsible for the information associated with these hyperlinks, no more than it can guarantee these sites and their contents.
INDEMNIFICATION AND LIMITATION OF LIABILITY
KOSY GROUP does not ensure the accuracy of any information provided by USERS. USERS shall exonerate KOSY GROUP against and in respect to any damages and all claims and recourse that can be brought against KOSY GROUP with regard to any information provided by the USER and broadcast on the Services.
USERS will compensate KOSY GROUP for any claims, including interest, penalties as well as any legal fees that KOSY GROUP may incur due to the USER’s information retrieved from KOSY GROUP.
USERS will exonerate KOSY GROUP and be responsible for the total sum of any losses, costs and expenses, including reasonable attorney fees, related to any violations of the present provisions of the Agreement by the USER or by any other person with access to the USER’s account, either through the use of the Services, or by the broadcasting or transmission of any information or materials on the Services by the USER by any other person with access to the USER’s account.
The USERS understand that their acceptance of these Terms and Conditions is a sine qua non condition for their use of the Services.
Every USER is responsible for any use of the Services made in his/her name or from his/her account, including, the use of his/her account by a third party.
The results generated by the use of the Services may vary from USER to USER. KOSY GROUP makes no guaranty of results to the USER.
UPDATES TO THE TERMS AND CONDITIONS
The Terms and Conditions, as well as any other policy or legal notice published on the Website from time to time, constitute the entire agreement between KOSY GROUP and the USER with regards to the use of the Services. Failure by KOSY GROUP to insist upon the strict respect of any disposition in the Terms and Conditions does not constitute a renunciation of such disposition or of any other right of the KOSY GROUP. If any provision of the Terms and Conditions is found to be invalid or unenforceable, such provision shall be severed from the remainder of these Terms and Conditions shall remain in full force and effect. The Terms and Conditions shall be interpreted and governed pursuant to the laws of Quebec and the laws of Canada applicable therein. Any claims, legal procedures or litigations concerning these Services shall fall within the exclusive jurisdiction of the courts of Montreal, Quebec and the USER renounces any right to object to such jurisdiction.