Terms and conditions of use of RSVPcottages.com

Introduction. Thank you for visiting our site. By using RSVPcottages.com (hereafter "the Site") you agree to the following terms and conditions, which we developed in order to ensure that our site satisfies the interests of both Members and Visitors (hereafter, collectively, "the Users").

The Site encourages the appropriate use of the internet. Users must communicate with courtesy and whoever violates this rule could be removed from the site.

The Site is concerned about Users’ right to privacy while visiting the site and conscious of the importance that Users attach to their privacy. We do everything we can to respect your privacy while using the Site, in conformity with the current standards of good practice.

Use of the Site. The goal of the Site, is to advertise the cottages offered for rent by its Members. The Site facilitates contact and transactions between Visitors and Members of the Site. Nonetheless, Members and Visitors are the only parties to any transaction that might come about.

Responsibilities of Users. Users must not:

  • Violate the laws and rules in effect;
  • Give false information or information that might lead a User in error;
  • Violate the rights of third parties;
  • Send spam or offer involvement in a pyramid scheme business;
  • Send a virus or viruses or other technologies that could harm or damage the Site or the interests of Users of the Site;
  • Interfere with the proper functioning of the Site;
  • Copy, modify or distribute the content belonging to another;
  • Use electronic means to collect content from the Site, regardless of intention, without the written permission of the Site;
  • Obtain any information about another without authorisation;
  • Bypass measures intended to restrict or inhibit access to the Site.

Responsibilities of Members. Members shall place their advertisements in the appropriate categories or zones.

Abuse. We can resiliate or reduce access to our services, remove content and take technical and legal measures to prohibit access by certain Users if we believe that they pose a problem or behave in a manner that is incompatible with the Terms and Conditions of Use or their spirit. In any case, whether we decide to prohibit access or not, we deny all responsibility in the case of unauthorised or illegal use of the Site by its Users. We may delete any advertisement if we believe that it causes a problem or breaks a law or is contrary to the Terms and Conditions of Use.

Cost and Services. Access to the Site is free.

There are costs related to the services offered to Members. The fees are listed in the currency of the country of registration of the Member and we reserve the right to modify them by publishing changes on the Site. Our fees are not refundable and the Member is responsible for payment when they become due. If the Member does not pay the fees due, the Site reserves the right to limit the Member`s access to its services and to have a third party collect the amount due.

The Site reserves the right to modify, temporarily suspend or terminate its services without notice. Users acknowledge that the Site cannot be held responsible for any loss or damage attributable to these modifications, suspensions or terminations.

Content. The Site includes elements belonging to it alone, to its Users and to its partners. You accept not to copy, modify or distribute the material of the Site and its trade-marks. By accepting the present terms, you concede to us a right that is non-exclusive, world-wide, perpetual, irrevocable, unpaid and susceptible to sub-licenses on intellectual property rights, publicity rights and/or rights on the database, related to the content you provide.

We reserve the right to remove from the site all content that is in violation of the Terms and Conditions of Use or that violates the rights of a third party without compensation. The Site reserves the right to remove an account or an advertisement without compensation.

The Site reserves the right to determine the presentation, the layout and the manner in which the Site functions. As such, the Site reserves the right to alter the texts or modify the layout or the photographs provided to it, if necessary and at its discretion.

Information published on the Site that comes from external sources is in no way the responsibility of the Site.

Liability. The Site declines all responsibility related to the correctness, reliability or currency of all information provided on the Site and as to the consequences arising from the use of the content of the Site. The Site is not responsible for the advertisements placed by and/or the actions of its Members. We do no guaranty the exactness of the advertisements nor the communications of its Members relative to the quality, the security or the legality of what is offered. Nor can we guaranty continued and certain access to our services. As a consequence, within the limits permitted by law, we exclude all implicit guaranties, terms and conditions. We cannot be held responsible for any financial or commercial loss, any damage to a person’s reputation, or any prejudice, whatever it may be, direct or indirect, inherent to and/or as a consequence of the use of the Site.

A Member is someone who advertises an immovable for rent on the Site. The Member is responsible for the content of his or her advertisement and its updates on the site. The Member is also responsible for making the necessary and usual verifications before dealing with a Visitor. The Member must have the legal capacity to enter into a contract and must be legally authorised to deal with the immovable advertised.

The Visitor to the Site is responsible for making the usual and necessary verifications before dealing with a Member of the Site. The Visitor must have the legal capacity to enter into a contract.

By using this Site, you agree to indemnify, defend and support the Site, its officers, agents and employees in the case of an action related to their liability, a loss or a claim, and to pay related fees and disbursements.

The preceding exclusions might not apply to you to the extent that it is not permitted to exclude guaranties or liability in certain countries. Notwithstanding the preceding paragraph, in the case that we are liable to you or to a third person, this liability is limited to the highest of the following two amounts: (a) the total amount of the fees and commissions that you would have paid in the twelve months preceding the event that gave rise to the liability or (b) $100 Canadian.

Personal Information. By using the Site, you consent to the collection, transfer and archiving and the use of your personal information by the Site on its servers.

The information uploaded to the Site is accessible to the public.

We collect, use and share personal information in order to permit the proper functioning of the Site and to protect it.

We can communicate personal information to conform to our legal obligations, apply our Terms and Conditions of Use, respond to claims that an advertisement or other content violates the rights of a third party, protect the rights or property of any person, or ensure the security of the Site. As well, we can share information with:

  • Affiliated companies that help us detect and prevent potentially illegal acts and provide services in conjunction with us; and/or,
  • Providers of services and/or partners who assist us in our activities.

Access, Modification and Deletion. As a Member, you may view, modify or delete most of your personal information by consulting and modifying your advertisement or by accessing your profile and opening a session of your account. You may also contact Customer Support to review all personal information that we have archived and that is not accessible from the Site. It is possible that you will be charged for such a request, within limits of the law. We save certain information in conformity with the law and with the goal of resolving differences, applying our Terms and Conditions of Use and preventing the return of harmful elements.

Security. We use a large number of tools (encryption, passwords and physical security measures) to ensure the protection of your personal information against unauthorized communication or access. However, the Site offers no guaranty of result in this regard.

Cookies. We use "cookies" on certain pages of the Site. These "cookies" are small files archived on your hard drive that allow us to offer you information targeted to your interests. Some of our services are available only by using a "cookie", which can also be used to improve the security of our Site or for the purposes of identification. You may, of course, refuse the "cookie" but, in doing so, certain of our services will not be accessible to you.

General. The present Terms and Conditions of Use as well as all other rules, if any, published on the Site, constitute the complete agreement concluded between you and the Site and replace all preceding agreements. The present contract is governed by the laws in force in Québec, Canada. We submit to the non-exclusive jurisdiction of the Courts of the judicial district of Montreal, Québec. This will not affect our statutory rights if you are a consumer and if the applicable consumer protection law requires the application of another law (such as a law of your country of residence) in certain circumstances. Though, under certain circumstances, we might not demand execution of one of the terms of the present agreement, this does not mean that we will not demand it in the future. In the case that a Court renders one of the present terms null, the rest remain in force.

We have the right to transfer of right and at our discretion the present contract after notification. We will address all notifications to the e-mail address that you have given us or by courier.

All updates to the present agreement enter into force the next time you use the Site or 30 days thereafter. In the case that we or one of our affiliates becomes involved in a merger or an acquisition, we may share information with the other organization but the present agreement will continue to apply.

The present agreement constitutes the entire agreement between you and the Site and replaces all prior agreements. When you visit the Site or use one of our services, you accept to be bound by the present agreement. IF YOU DO NOT ACCEPT THE AGREEMENT, PLEASE STOP USING THIS SITE AND THESE SERVICES IMMEDIATELY.

Language. If you read and accept the French version of this text, the French version will prevail in the advent of litigation and/or in the case of a divergence of the versions.