METROPOLISATMETROTOWN.COM WEBSITE AND MOBILE APP TERMS AND CONDITIONS OF USE
The Metropolis at Metrotown Shopping Centre Website http://metropolisatmetrotown.com ("the Website") and the Metropolis at Metrotown mobile application (“the mobile app”) are offered to you subject to your acceptance of the Terms and Conditions contained herein.YOUR USE OF THE WEBSITE AND MOBILE APP CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHALL DISCONTINUE YOUR USE OF THE WEBSITE AND THE MOBILE APP.
Ownership of Website and mobile app
All right, title and interest in the Website is owned by or licensed by Ivanhoe Cambridge Inc. ("Ivanhoe Cambridge"). The materials provided on the Website and the mobile app including, without limitation, all content, site design, text, graphics are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of the materials is strictly prohibited.
Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Website and the mobile app are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, or sell any information or services obtained from the Website and the mobile app without the express written consent of Ivanhoe Cambridge, which consent shall be at Ivanhoe Cambridge's sole discretion.
Modification of These Terms and Conditions of Use
Ivanhoe Cambridge reserves the right to amend these Terms and Conditions at any time by posting the amended terms on the Website and the mobile app, which posting shall constitute notice to you. Your continued use of the Website and/or the mobile app following such notice will constitute your: (a) acknowledgement of the modified Terms and Conditions; and (b) agreement to abide and be bound by the modified Terms and Conditions.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE AND THE MOBILE APP AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE OR THE MOBILE APP IS AT YOUR OWN RISK. THE WEBSITE AND THE MOBILE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE MOBILE APP IS DONE AT YOUR OWN DISCRETION AND RISK. IVANHOE CAMBRIDGE DOES NOT WARRANT OR GUARANTEE THAT SUCH MATERIALS ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE THAT MAY DAMAGE OR INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM UPLOADING AND/OR DOWNLOADING SUCH MATERIAL AND/OR DATA.
You hereby acknowledge and agree that: (a) Ivanhoe Cambridge does not screen the employment listings posted on the Website and the mobile app; (b) Ivanhoe Cambridge does not guarantee the nature of the positions listed on the Website and the mobile app or the truth or accuracy of the description of such positions; (c) your application via the Website or the mobile app does not create an employer-employee relationship with Ivanhoe Cambridge; and (d) Ivanhoe Cambridge shall not be liable for any employment decisions that you make as a result of your reliance on any information posted on the Website and the mobile app.
Limitation of Liability
IN NO EVENT SHALL IVANHOE CAMBRIDGE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFIT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE OR THE MOBILE APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IVANHOE CAMBRIDGE HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR THE MOBILE APP, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND THE MOBILE APP.
Unlawful or Prohibited Use
As a condition of your use of the Website and the mobile app, you warrant to Ivanhoe Cambridge that you will not use the Website or the mobile app for any purpose that is unlawful or prohibited by these Terms or Conditions.
You agree not to upload or otherwise transmit through the Website or the mobile app any unlawful, harassing, false, misleading, libelous, abusive, profane, threatening, harmful, vulgar, obscene, sexually explicit, pornographic or otherwise objectionable material of any kind or nature. You further agree not to gain or attempt to gain unauthorized access to other computer systems via the Website or the mobile app.
You agree not to upload or otherwise transmit to or through the Website or the mobile app any material that: (i) infringes on any rights of third parties; and/or (ii) contains any virus or other harmful code that may change or disrupt the Website or the mobile app or any other user's equipment or software.
Links to Other Sites
The Website or the mobile app may contain links to other websites ("Linked Sites") operated by parties other than Ivanhoe Cambridge. Such Linked Sites are not under the control of Ivanhoe Cambridge and Ivanhoe Cambridge is not responsible for the contents of any Linked Site. Ivanhoe Cambridge is providing you with a link to the Linked Sites as a convenience and the inclusion of any such link does not imply endorsement by Ivanhoe Cambridge of the Linked Site or any association with its operators.
Any notices may be given to you by any means including, but not limited to: (a) email; (b) notices or messages posted on the Website or the mobile app; or (c) any other means by which you obtain notice thereof.
You agree to indemnify and hold Ivanhoe Cambridge, its subsidiaries, affiliates, directors, officers and employees, harmless from all claims, liabilities, damages, losses, including reasonable legal fees and expenses, due to or arising out of your use of the Website or mobile app or your breach of these Terms of Conditions.
Either you or Ivanhoe Cambridge may terminate this relationship with or without cause at any time.
You agree that Ivanhoe Cambridge may, in its sole discretion, terminate or suspend your access to all or part of the Website or the mobile app for any reason, including, without limitation, breach of the Terms and Conditions. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating this relationship and such activity may be referred to appropriate law enforcement authorities.
Should you object to the Terms and Conditions or any subsequent modifications thereto or become dissatisfied with the Website or the mobile app in any way, your only recourse is to immediately discontinue your use of the Website and the mobile app.
Ivanhoe Cambridge shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension.
Applicable Law and Governing Law
You agree to comply with all applicable laws and regulations. These Terms and Conditions and all related transactions shall be governed by the laws of the Province in which the shopping centre to which the Website and the mobile app refers is located and the applicable laws of Canada. The parties hereby agree to the non-exclusive jurisdiction of the courts of the Province in which the shopping centre to which the Website and the mobile app refers is located.
In case any of the provisions of these Terms and Conditions shall for any reason be held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and these Terms and Conditions shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
The section headings used herein are for convenience of reference only and do not form part of these Terms and Conditions.
Benefit of the Agreement
These Terms and Conditions are binding upon and shall ensure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer your rights or obligations hereunder without Ivanhoe Cambridge's prior written consent, which consent shall be at Ivanhoe Cambridge's sole discretion.
Contacting Ivanhoe Cambridge
If you have any questions about these Terms and Conditions in respect of this Website or the mobile app, please direct your inquiry to the Communications and Public Affairs Service of the Society, Ivanhoe Cambridge, Centre CDP Capital, 1001, square Victoria, Suite C-500, Montreal (QC) H2Z 2B5 Canada or contact us at [email protected] or at (514) 841-7600.