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Terms of Use

These Terms of Use (the “Terms”) govern the relationship, and serve as a legally binding agreement, between you (“you”), a user of our website located at westhouse.ca (the “Website”), and Hines Canada Management Company II ULC (“Hines“, “we”, “us” or “our”), the owner and operator of the Website. We offer the Website, including all information, content, services and tools available on or through the Website (collectively, the “Services”), to you on the condition that you agree to be bound by these Terms in relation to your use of the Services.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS ON DAMAGES YOU MAY CLAIM AGAINST US AND INDEMNIFICATION OBLIGATIONS YOU OWE TO US. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

BY ACCESSING OUR SERVICES YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, ACCEPT, AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE AND FORMS AN ESSENTIAL PART OF THESE TERMS. YOU MAY ACCESS OUR PRIVACY POLICY USING THIS LINK HTTPS://WESTHOUSE.CA/PRIVACY-POLICY. YOU MAY NOT USE OUR SERVICES FOR ANY REASON NOT EXPRESSLY ALLOWED BY THESE TERMS, OR IN ANY WAY THAT CONTRAVENES THESE TERMS.

1. Your Acceptance of these Terms

By using our Services, you confirm that: (a) you are over the age of majority in your jurisdiction and can form a binding contract with Hines; (b) you accept these Terms; and (c) you agree to comply with these Terms. If you do not meet these requirements, you must not access or use any of our Services. We recommend that you print or save a local copy of the Terms for your records.

You may not use our Services if you breach these Terms, if your permission to use our Services has been suspended or terminated by Hines, or if these Terms as they apply to you have otherwise been terminated.

2. Changes to these Terms

We reserve the right in our sole and absolute discretion to revise and update these Terms from time to time. All changes are effective immediately upon posting and apply to your continued access to and use of our Services. We may post or send reminders and summary information about material changes to these Terms, including where there are substantial amendments that affect your rights and obligations, but it is your responsibility to review them. You agree to periodically review these Terms in order to be aware of any such changes and your continued use of our Services following any such changes will be deemed to indicate your acceptance of any such changes, regardless of whether you were given notice of same.

For clarity, if any of the terms and conditions of these Terms, or any future modifications thereto, are unacceptable to you, you must discontinue your use of our Services. Your use of our Services now, or your continued use of our Services following the implementation of updated Terms, will indicate acceptance by you of such Terms or modifications.

You may not change, supplement, or amend these Terms in any manner.

3. Ownership of Website and Content

As between you and Hines, Hines and its licensors own any and all rights, title, and interest in and to our Services and any and all data and content made available in and through Hines, including all software, computer code, tools, patches, courses, updates, images, text, graphics, illustrations, logos, photographs, images, pictures, audio, sound effects, sound recordings, features, functionality, design, presentation, and “look and feel” of our Services, and all intellectual property rights related to the foregoing and our Services (the “Hines Content”). Put simply, our Services and the Hines Content (including all components thereof) are the property of their respective owners and are protected by copyright, trademark, patent, trade secret, and any other proprietary rights.

You acknowledge and agree that you have no ownership rights in our Services or the Hines Content.

4. General Permissible Use

Subject to these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited licence to access and use our Services and to access the Hines Content for your personal, non-commercial use only related to your role as (a) an individual applying or has applied for residency at a property managed by Hines; (b) an individual who is a resident of a property managed by Hines; or (c) a user of the Services. We reserve all rights not expressly granted herein in our Services and Hines Content.

5. General Prohibited Use

You acknowledge that your use of our Services and Hines Content for any purpose not expressly permitted by these Terms is strictly prohibited.

Neither the Hines Content nor the design or layout of our Services, nor any part or component of any of the foregoing, may be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without our and, where applicable, our licensors’ prior written consent.

You cannot create any work of authorship or proprietary right based on our Services (including Hines Content). You will only use our Services as may be expressly provided in these Terms or to the extent permitted by law. We and our licensors reserve all rights not expressly granted in these Terms.

You cannot use our Services:

Framing, mirroring, scraping or data-mining the Services or any of its content in any form and by any means (including robots, spiders, or other automatic devices, programs or methodologies) is strictly prohibited. You may not attempt to access or obtain any Service content or other data by any means that is not purposely made available to you through the Services. You may not attempt to gain unauthorized access to any part of the Services or its content, or any related system, network, service or data, by hacking, password mining or any other means. You may not attempt to test or tamper with the security of our Services or attempt to interfere with the proper working of our Services, any transaction being conducted through our services, or any other person’s use of our Services.

6. Communications

You authorize Hines to: (a) accept communications it receives from you by means of our Services as if those communications had been given directly by you in writing and signed by you; (b) disclose your communications to Hines’s affiliates and services providers as required to provide the Services; and (c) respond to your communications through our Services, by email or other means of communication.

Communications you send to Hines are not effective unless and until they are processed by the responsible Hines representative. Hines may refuse to process any communications sent to Hines, or may reverse the processing of any communications sent to Hines, at any time in Hines’s discretion, and without any notice or liability to you or any other person, including if Hines believes the communication to be fraudulent or unlawful or defective, inaccurate or incomplete due to a technical malfunction.

7. Personal Information Privacy

Hines collects personal information and non-personal information from users of our Services. Hines’s Privacy Policy is available online: https://westhouse.ca/privacy-policy By accepting these Terms and each time you use the Website, you consent to Hines’s collection, use, disclosure and retention of your information in accordance with the most current version of the Privacy Policy and as otherwise permitted by applicable law.

8. Changes and Errors

Hines endeavours to provide current and accurate information on our Services and its Services, but misprints, errors, inaccuracies, omissions or other errors may sometimes occur. Hines reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time our Services and any fees associated with such Services without any notice or liability to you or any other person.

9. Links to Other Sites

Our Services may contain links to third-party websites, applications or resources including without limitation the property management portal owned and operated by Entrata, Inc. (collectively, “Third-Party Services”). These links are provided for your convenience and information only. Such links should not be interpreted as approval or endorsement by us of those Third-Party Services or the information you may obtain from them. We make no representations about any Third-Party Services that may be accessed from or through our Websites, nor do we have any control over the contents of those Third-Party Services. Your use of Third-Party Services and your dealings with the owners or operators of Third-Party Services is at your own risk. We are not liable or responsible for any consequences, losses, harm or damages that may arise from your access or use of any Third-Party Services, including, without limitation, your purchase or use of, or access to, goods, services, resources, content, or any other transactions made in connection with any Third-Party Services. We encourage you to review carefully the terms, policies and practices of such Third-Party Services and ensure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products, services, websites, applications or resources should be directed to the third-party provider, owner or operator thereof.

10. Disclaimer or Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF OR RELATING TO ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS, TITLE, UNINTERRUPTED SERVICE, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY HINES TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR THE SELECTION AND USE OF THE SERVICES AND THE HINES CONTENT TO ACHIEVE YOUR INTENDED RESULTS.

HINES DOES NOT PROMISE THAT THE SERVICES OR ANY OF THE HINES CONTENT WILL BE ERROR-FREE, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICES WILL PRODUCE SPECIFIC RESULTS. YOU USE THE SERVICES AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THE HINES CONTENT, YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING, PROVISIONING, CONFIGURING, MAINTAINING, PAYING FOR, AND PROTECTING FROM LOSS AND DAMAGE, ALL EQUIPMENT, SOFTWARE AND SERVICES (AND ALL DATA CONTAINED THEREIN) NECESSARY FOR YOUR USE OF THE SERVICES.

11. Limitation of Liability

EXCEPT TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL HINES, OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SUCCESSORS (COLLECTIVELY, THE “HINES PARTIES”) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR LOSS OF PROFITS, SAVINGS, REVENUES, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THESE TERMS, THE WEBSITE, THE PRIVACY POLICY, THE HINES CONTENT OR ANY OF THE SERVICES, WHETHER BASED ON TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE HINES PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE REASONABLY FORESEEN ANY SUCH DAMAGES OR LOSSES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY.

STRICTLY TO THE EXTENT THAT THE FOREGOING PARAGRAPH DOES NOT APPLY TO YOU, IN THE EVENT THAT FOR ANY REASON REQUIRED UNDER APPLICABLE LAW WE ARE LIABLE TO YOU IN ANY MANNER, IN NO EVENT SHALL THE HINES PARTIES’ MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, OR YOUR ACCESS TO AND USE OF THE WEBSITE, THE PRIVACY POLICY, THE HINES CONTENT, OR ANY OF OUR SERVICES, EXCEED CAD $100.00.

12. Indemnification

To the maximum extent permitted by applicable law, you agree, at your sole cost, to defend, indemnify, and hold harmless the Hines Parties from and against any and all claims, actions, proceedings, causes of action, demands, debts, liabilities, damages, judgments, awards, losses, fines, penalties, charges, costs and expenses (including legal fees and expenses on a solicitor and own client basis) of any kind and character whatsoever incurred by such Hines Parties, including any amount paid to settle any such action or to satisfy a judgment, arising out of or relating to: (a) access to or use of, or activities in connection with, our Website, the Hines Content or any of our Services, by you or permitted by you; or (b) any of your acts or omissions, including your breach or non-performance of these Terms or your illegal or otherwise wrongful conduct, including violation of any third party’s rights in connection with these Terms, our Website, the Privacy Policy, the Hines Content, or any of our Services (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by us in the defense of any Claims and Losses. We reserve the right to participate in the defense of any Claims and Losses with counsel of our own choosing, at our own cost. We reserve the right to assume the exclusive defense and control of any Claims and Losses at our own cost. You will not settle any Claims and Losses without, in each instance, our prior written consent or the consent of an individual whom we authorize, in writing, to approve such settlement.

13. Suspension and Termination

Hines reserves the right to suspend or terminate your access to the Services at any time in our sole discretion if (a) you are in breach of these Terms and the Privacy Policy; or (b) your use of the Services could cause a risk of harm or loss to Hines and other users. When reasonable and as permitted by law, Hines will provide you reasonable advance notice of this change as well as an opportunity to correct any actions that led to Hines’s decision. We will not be able to provide this advance notice if you are in material breach of these Terms and the Privacy Policy, or if such notice would lead to civil or criminal liability for Hines, or if providing notice would compromise our ability to provide the Services to our other users. For the avoidance of doubt, Hines may still make a determination that it does not want to continue offering you access to the Services at any time for any or no reason. Hines may exercise these rights without notice or liability to you or any third party. You understand that if your account is suspended or terminated, you may no longer have access to certain features and services within the Services.

14. Jurisdiction

You agree that these Terms, the Privacy Policy, your use of the Services and your relationship with Hines will be governed by the laws of the province of Ontario and the federal laws of Canada applicable therein regardless of conflict of laws principles. We both agree that all of these claims can only be litigated in the federal or provincial courts having jurisdiction in Ontario and we each agree to personal jurisdiction in those courts. However, you agree that Hines can apply for injunctive remedies in any jurisdiction.

15. Other Matters

Entire Agreement

As amended, these Terms, including our Privacy Policy and any other agreements between you and us related to the provision of specific Services, constitute the entire agreement and understanding between you and us with respect to the matters referred to in these Terms and your access to and use of our Website and other Services, and supersede and replace any prior or contemporaneous agreements, communications, understandings and proposals, whether oral, electronic or written, between you and us with respect to such matters (including any prior versions of the Terms).

Assignment and Enurement

We may at any time assign our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign these Terms, or any of your rights or obligations hereunder. These Terms will enure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.

No Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of these Terms. Our rights, powers and remedies in these Terms, including the right to suspend, restrict or terminate your access to any portion of our Websites or Services, are cumulative and in addition to and not in substitution of any right, power or remedy that may be available to us at law or in equity.

Severability

In the event that any provision of these Terms is determined to be invalid, illegal or unenforceable, in whole or in part, in any jurisdiction, such provisions shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not invalidate or render unenforceable such provision or part thereof in any other jurisdiction or affect the validity or enforceability of any other provisions hereof, which will continue in full force and effect.

Survival

All provisions that, by their meaning or nature, are intended to survive termination or expiry of these Terms shall survive termination or expiration of these Terms.

Notifications

We may provide you with notifications via email, in hard copy or through conspicuous posting of such notice on our Services, as we may determine in our sole discretion.

Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of our Websites or Services.

Force Majeure

We will not be liable for delays, failures in performance, or interruptions of our Website or Services that result directly or indirectly from any cause or condition beyond our reasonable control, including any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, state of emergency, pandemic, epidemic, outbreak of illness or disease, declaration of public health emergency, strike or other labor dispute, fire, earthquake, natural disaster, interruption in telecommunications or internet services or network provider services, failure of equipment and/or software, or other catastrophe.

Questions and Concerns

If you have any questions or concerns about these Terms, or if you become aware of misuse of our Websites or Services, please contact us at [email protected].