Terms of Use

TERMS OF USE: Queen’s University Accommodation Listing Service

ACCEPTANCE OF TERMS

The Queen’s Accommodation Listing Service (the ‘Site’) is provided by Queen’s University subject to the following terms and conditions governing use of the Site (‘Terms of Use’) and any operating rules or policies that may be posted on the Site from time to time by Queen’s University, all of which are hereby incorporated by reference into the Terms of Use.

PLEASE READ THESE TERMS OF USE BEFORE ACCESSING THE SITE. BY USING THE SITE, YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS OF USE. IF YOU DO NOT AGREE WITH THE TERMS OF USE OR IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT USE THIS SITE. Queen’s University reserves the right to modify or alter the Terms of Use from time to time without notice or penalty and you agree to be bound by any such modifications, alterations or amendments. Modifications to the Terms of Use shall be effective once they are posted on the Site.

GRANT OF LIMITED LICENCE
The Site contains information, software, communications, text, graphics, advertisements, photographs and other material (collectively, the ‘Information’) in which Queen’s University and third parties have proprietary rights, including copyright and trade mark rights.
Permission is granted to display, copy, print and download short extracts of the Information on the Site for personal use only. You may not:
* modify the Information or remove any copyright or other proprietary notices contained in the Information;
* distribute or transmit the Information to another person in any form by any means
* use the Information for any commercial purpose (except for renting your accommodations) or for any public display (commercial or non-commercial);
* attempt to decompile or reverse engineer any software contained on the Site;
* post or transmit to the Site or to users of the Site any material which contains a computer virus or other harmful or disruptive component, or use the Site in any manner which is contrary to Canadian or international law; and
* ‘mirror’ the Information on any other server.

This limited licence shall automatically terminate if you violate any of these restrictions and may be terminated by Queen’s University at any time by notice to you by any means or by posting notice on this Site.

USE OF THE SITE AS A VENUE
The Site acts as a venue for Landlords to list properties for rent and for Tenants to browse through listings of such properties. Queen’s University is not involved in the actual transaction between Tenants and Landlords and as a result, Queen’s University has no control over the quality, safety or legality of the properties advertised, the truth or accuracy of any representations made by Landlords, the ability of Landlords to rent properties and the ability of Tenants to find a rental property. By using the Site, you agree to accept the risks inherent in renting in an on-line venue and acknowledge that Queen’s University shall not be responsible for the acts or omissions of users of the Site. PLEASE USE CAUTION AND COMMON SENSE WHEN USING THE SITE.

LISTING AND RENTING PROPERTIES ON THE SITE
To list a property for rent on the Site you must open a membership account. Membership is only available to individuals who can form legally binding contracts. Without limiting the foregoing, persons under the age of 18 may not open an account and may not list properties for rent on the Site. If you do not qualify for membership, please do not use the Site. Once you have opened an account you may not transfer your account or user ID to another person.

You must provide a written description of the property you wish to rent and the terms of rent on the listings page of the Site. You may also include pictures of the property. All properties must be listed in the appropriate category.

You may not list properties which violate any law, statute or regulation or are obscene.
To list a property for rent on the Site you will be charged a fee. Before you list a property on the Site, you will have an opportunity to review and accept the fees you will be charged. You are responsible for paying all fees associated with your use of the Site and all applicable taxes. We may change our fees from time to time. Existing customers will be given advance notice of any proposed fee changes and an opportunity to discontinue using the Site.

Queen’s reserves the right to remove, at it’s sole discretion, listings that do not meet the terms stated herein. In some cases landlords may have been or may be prohibited from using this site to list their rental properties; if said properties are found listed, they will be deactivated without refund.
To enable us to operate the Site, you agree to grant Queen’s University a royalty-free, sublicenseable right to exercise the copyright in the materials you place on the Site. You also agree to waive any moral rights you have in the materials for this purpose. Further, you warrant that any materials you place on the Site do not infringe the intellectual property rights of third parties.

LINKS
The Site may contain links to other Internet websites. These links are provided to you as convenient references to help you locate other Internet resources that may be of interest to you. Queen’s University is not responsible for the contents of any linked website operated by a third party. The inclusion of links on the Site does not imply endorsement of the linked website by Queen’s University. The use of any linked websites is at your own risk.

DISCLAIMER
The Information on the Site is provided on an ‘as is, as available’ basis. By using the Site, you agree and understand that Queen’s University makes no warranties, express or implied, statutory or otherwise with respect to the Site, the Information, or the products and services offered by Queen’s University, its partners and affiliates, or third parties on the Site or on any website linked to the Site. Queen’s University specifically disclaims any implied warranties of title, conditions of merchantability, fitness for a particular purpose and non-infringement, and those arising from a course of dealing, usage or trade practice, unless specifically required by law. Further, Queen’s University does not warrant or make any representations concerning the accuracy, reliability or likely results of the use of the Information, the Site or any websites linked to the Site. Without limiting the foregoing, Queen’s University disclaims any responsibility for any harm resulting from the accessing or downloading of Information on the Site.

LIMITATION OF LIABILITY
IN NO EVENT SHALL QUEEN’S UNIVERSITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES OR ANY OTHER PARTY INVOLVED IN CREATING OR MAINTAINING THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY GENERAL, SPECIAL, INDIRECT, CONSEQUENTIAL, AGGRAVATED OR PUNITIVE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE SITE, INCLUDING, BUT NOT LIMITED TO, YOUR USE OR RELIANCE ON ANY INFORMATION AVAILABLE ON THE SITE OR YOUR INABILITY TO USE THE SITE. DAMAGES AS REFERRED TO HEREIN INCLUDE, WITHOUT LIMITATION, PERSONAL INJURY, BUSINESS INTERRUPTION, LOST DATA, LOST PROFITS, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS, WHETHER IN AN ACTION FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT OR FOR BREACH OF ANY STATUTORY OBLIGATION, EVEN IF QUEEN’S UNIVERSITY HAD BEEN INFORMED OF THE POSSIBILITY THEREOF OR THE ACTION ARISES FROM QUEEN’S UNIVERSITY’S OWN NEGLIGENCE.

Without limiting the foregoing, under no circumstances shall Queen’s University be held liable for any damages resulting directly or indirectly from acts of nature or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, electrical power failures, strikes, labour disputes, natural disasters, governmental actions or non-performance of third parties.

INDEMNITY
You agree to defend, indemnify and hold Queen’s University, its officers, directors, employees, agents, and affiliates harmless from any and all claims and demands, including reasonable legal fees, made by a third party in relation to your violation of these Terms of Use, your use of the Site, or your posting or transmission of any message, information, photograph, software or other material to the Site.

REVISIONS AND ERRORS
Although Queen’s University uses reasonable efforts to post material which is accurate and current, the Information appearing on the Site may include outdated information or technical, typographical or photographic errors. Queen’s University does not warrant or guarantee the quality, accuracy, completeness or timeliness of the Information provided. Queen’s University may make changes to the Information contained on the Site at any time without notice.

TRADE MARKS
Queen’s University® and related Queen’s University marks indicated by the ® and TM symbols are registered and unregistered trade marks of Queen’s University Certain words, phrases, names, designs or logos used on the Site may constitute trade marks, service marks or trade names of other entities. The display of any trade mark on the Site does not imply that a licence has been granted for any further use.

PRIVACY
For information on how personal information is collected, used and disclosed by Queen’s University, please read our Privacy Policy, which also governs your use of this Site. If you object to your personal information being used as described in the Privacy Policy, please do not use the Site.

CONFIDENTIALITY WARNING
All comments, feedback, ideas, suggestions, and other similar submissions disclosed, submitted or sent to Queen’s University via the Site or otherwise, are not confidential and will become and remain the property of Queen’s University E-mail is especially vulnerable to interception and Queen’s University will not be responsible for any damages you may suffer as a result of transmitting confidential information to the Site via e-mail or implicitly or explicitly authorizing Queen’s University to send confidential information to you via e-mail. Any Feedback you provide to Queen’s University may be used, displayed, published, reproduced, modified, transmitted or copied by Queen’s University in any medium and for any purpose, commercial or otherwise, without compensation or other obligations to you.

RECOURSE
If you are dissatisfied with the Site, these Terms of Use or the documents they incorporate by reference, or any other conditions, rules, policies, guidelines or practices of Queen’s University, your sole and exclusive remedy is to discontinue using the Site.

BREACH
If you breach these Terms of Use or the documents they incorporate by reference, Queen’s University may remove your property listings, limit your activity on the Site, suspend or terminate your membership or refuse to allow you to use the Site and may claim any damages caused thereby.

GOVERNING LAW
The Site is controlled by Queen’s University from within the Province of Ontario in Canada. By accessing the Site, you agree that the laws of the Province of Ontario and the laws of Canada applicable therein shall govern the interpretation, validity and effect of these Terms of Use and the documents incorporated by reference, and any other agreement posted on the Site, notwithstanding any conflict of laws provisions or your actual place of residence. You and Queen’s University agree that any action or proceeding instituted or related to the Site shall be adjudicated by a court of competent jurisdiction located in the Province of Ontario, Canada.

REFUND POLICY
Queen’s University’s policy is absolutely no refunds.

MISCELLANEOUS
These Terms of Use, including the documents incorporated by reference, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace any and all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The failure of Queen’s University to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right hereunder. If any of the provisions of the Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of the Terms of Use shall remain in full force and effect.

CONTACT US
If you have any questions about these Terms of Use, please feel free to contact Queen’s Community Housing at community.housing@queensu.ca