Terms of Use

These Terms of Use (the “Terms”), together with the other documents referenced and linked below (collectively, the “Agreement”), describe your rights and responsibilities as a user (“User”) of the kpucommunities.ca site (the “Site”) and related services (the “Services”) offered by the KPU Communities Corporation (the “Corporation”), in its capacity as the trustee of the KPU Communities Trust (the “Trust”).  In this Agreement, the terms “we”, “our” and “us” refer to the Trust and the Corporation and the terms “you” and “your” refers to a User.

Your use of the Services, including through a visit to the site, constitutes your acceptance of this agreement.  Therefore, please take the time to review the terms carefully.

If you do not agree with some or all of these terms, do not access or use the SITE OR THE SERVICES.

1. Use and Accuracy of Information

The Site is provided for general information only.  Although we use reasonable commercial efforts to ensure that the information contained on the Site is accurate, we do not warrant or make any representation regarding the accuracy or completeness of any information or data provided on the Site.

We reserve the right to withdraw or amend the Site, and any of the Services or materials we provide on the Site, in our sole discretion without notice. From time to time, we may restrict access to some parts of the Site to registered Users and reserve the right to revise these Terms to incorporate provisions applicable to registered Users and User accounts.

2. Other Terms

Your use of the Site and Services is also governed by the Privacy Policy.  You consent to the collection, use and disclosure of your personal information by us and/or third parties in accordance with the terms of and for the purposes set forth in our Privacy Policy.  In addition, you also agree that your use of the Site and Services will also be subject to such other policies and procedures as may be conveyed to you by us from time to time, including via the Site or the Services.

3. Ownership

These Terms provide only a limited and revocable license to access and use the Site.  Accordingly, we do not transfer any ownership or intellectual property interest or title in or to the Site to you or anyone else in connection with your use of the Site.  All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML code), programs, software, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site (collectively, the “Materials”) are exclusively owned, controlled, or licensed by us.  Names, logos, marks, and icons identifying us and our services are owned exclusively by the Trust or the Corporation, and any use of such names, logos, marks or icons without the prior express written permission of the owner is hereby expressly prohibited.  Other trademarks or service marks identified on or through the Site may be the trademarks or service marks of third parties.  No part of the Services will be construed as granting any license or right to use any trademarks (whether by implication or otherwise), including our trademarks, except with our express written permission or such other party that may be the owner thereof.  The Materials are protected under copyright, trademark and other laws of Canada and other countries, and we own all copyright in the selection, co-ordination, arrangement and enhancement of the Materials. Any use of any of the Materials (whether in whole or in part) is strictly prohibited, except only and to the limited extent expressly permitted above.

4. Submissions

For any content that you submit on the Site or through any social media platform, you grant us a, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

By submitting content to the Site or to us through social media or otherwise, you represent and warrant that you are the sole author and owner of the intellectual property rights in the content and that you waive all moral rights in such content.  You shall not submit, publish or otherwise disseminate to us or through the Site (or a social media platform) anything which: (a) defames, libels or invades the privacy of any person; (b) is obscene, pornographic, abusive or threatening; (c) infringes on any intellectual property or other rights of any person or entity; (d) has contaminating or destructive properties (i.e. software viruses); (e) violates any law; (f) advocates or describes any illegal activity; or (g) advertises or solicits funds for goods or services.  We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials.  We may enforce our rights to the fullest extent of the law should you breach any of these Terms.

5. Links

The Site may contain links to other websites.  These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by us of the linked website or information contained therein.  Your use of such websites and your dealings with the owners or operators thereof are at your own risk.

6. Reliance on Information Posted and Disclaimer of Warranties

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. 

The Site, the Materials and the Services are provided “as is”, “where is”, “as available”, without representations or warranties of any kind by the Trust and the Corporation.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE TRUST, THE CORPORATION AND ALL DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (AS APPLICABLE) OF THE FOREGOING DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, THE SERVICES, AND THE MATERIALS WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR THAT ANY PARTICULAR RESULT WILL BE OBTAINED THROUGH USING THE SITE, THE MATERIALS OR THE SERVICES. Without limiting the foregoing, we do not represent or warrant that the Site, the Services or the Materials are accurate, complete, reliable, useful, timely or current or that the Site will operate without interruption or error.  We assume no responsibility, and are not liable for, any damages to your computer equipment, data or other property on account of your access to, use of, or browsing on the Site, or inability to do any of the foregoing.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

7. Limitation of Liability

Your use of the Site, the Services and Materials is undertaken at your own risk.  To the extent not prohibited by applicable laws, under no circumstances will the Trust, the Corporation or any directors, officers, employees, and agents (as applicable) of the foregoing, be liable for any general, direct, incidental, special, exemplary, consequential, indirect, or punitive damages arising out of your access to or use of the Site, the Services or the Materials, your reliance on the Site, the Services, or the Materials, or any consequences flowing therefrom.  Neither the Trust nor the Corporation are responsible for late, lost, incomplete, illegible, misdirected or stolen messages, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.  THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, DIRECT, INDIRECT SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS OR FAILURE TO REALIZE ANTICIPATED BENEFITS), WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  TO THE EXTENT THAT WE CANNOT DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, THE EXTENT OF OUR LIABILITY SHALL BE THE MINIMUM AMOUNT PERMITTED UNDER APPLICABLE LAW.

If you are dissatisfied with the Site, the Services, the Materials, or with this Agreement, your sole and exclusive remedy, except for remedies that are otherwise expressly provided, is to discontinue using the Site, the Services,  or the Materials, as applicable.

8. Indemnification

You shall indemnify and save harmless the Trust, the Corporation and all directors, officers, employees and agents (as applicable) of the foregoing from and against any claim, cause of action, demand, cost, loss, expense or liability (including without limitation reasonable professional fees) brought against or suffered or incurred by us as a result of your use of the Site, the Services or the Materials or your breach of this Agreement. This indemnification obligation will survive termination of this Agreement and your cessation of use of the Site and the Services.

9. Governing Law and Courts

This Agreement and your use of the Site are governed by and interpreted exclusively in accordance with the laws of the Province of British Columbia, and the federal laws of Canada applicable in British Columbia, excluding its conflict of laws rules and all private international laws.  You further acknowledge that despite being available from a variety of jurisdictions, the Site will be deemed solely based in the Province of British Columbia, Canada and that the Site will be deemed to be passive in nature and not giving rise to personal jurisdiction over us in jurisdictions other than the Province of British Columbia.  You consent and submit to the exclusive jurisdiction of the Courts located in the Province of British Columbia in all disputes arising out of or relating to your use of or inability to use the Site, the Services or the Materials or this Agreement.  Nothing in this Agreement precludes our application for injunctive remedies or other urgent legal relief in any jurisdiction.

10. Severability; Waiver

The terms of this Agreement are severable.  If any provision of this Agreement is determined to be unenforceable or invalid, then such provision will be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions.  No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party.  No consent or waiver will be effective unless in writing and signed by both parties.

11. Survival; Assignment

The following sections shall survive termination of these Terms:  Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 as well as any other section which, by its nature survives termination, shall survive termination of these Terms and your cessation of use of the Site or the Services.

Users may not assign or delegate any of their rights or obligations hereunder without our prior written consent, and any such attempt is void. We may freely assign or delegate our rights and obligations hereunder without notice to Users.  The Trust, the Corporation and Users are not in a legal partnership, agency relationship, or employment relationship.

12. Entire Agreement

This Agreement, constitutes the entire agreement between you and us relating to your use of the Site, the Services, and the Materials, and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and cannot be amended or modified except by our express and explicit agreement to modify this Agreement in writing, or by us making such amendments or modifications available to you pursuant to a modification of this Agreement as permitted herein.  In the event of a conflict between the provisions of the Terms and the provisions of any other document or agreement incorporated or referenced herein, these Terms will govern to the extent of the inconsistency.  We reserve the right to unilaterally update or modify (each, a “change”) this Agreement at any time and from time to time.  We will notify you of any changes to this Agreement by posting notice of such changes on the Site.  Your continued use of the Site following notice of such change means that you accept the amendments.

Questions about the Site, or regarding your rights and responsibilities under this Agreement, can be directed to [email protected].

Last modified:  September 19, 2023