Terms Of Use

Last Updated: June 7, 2022

These Terms of Use (these “Terms”) set forth the terms and conditions that apply to your access and use of the internet website located at www.floorspace.ca (the “Site”) owned and operated Floorspace Commercial Inc. (“Floorspace”).

BY ACCESSING OR USING THE SITE YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITE.  IF YOU ARE DISSATISFIED WITH THESE TERMS OR ANY RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

By accepting these Terms, you agree that you have reviewed and understand Floorspace’s Privacy Policy located at www.floorspace.ca the “Privacy Policy”).

Floorspace has the right to revise these Terms and the Privacy Policy at any time without providing notice.  Your continued use of the Site shall be deemed irrevocable acceptance of those revisions.  At any time, Floorspace may (i) terminate your use or right to use of the Site for any reason, or (ii) modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.

Prohibited Activities

With regards to the Site or any content on the Site, you may not:

  • copy, distribute or otherwise make available material from the Site for commercial exploitation without the express written permission of Floorspace;
  • use the Site or content in a way that could damage it or the material displayed on it;
  • interfere with the Site’s security or the security of the linked websites; 
  • disrupt or interfere with another person’s use of the Site; 
  • use the Site or the information on it to send any type of mass e-mail;
  • use contact information on this site to send e-mails of illegal, sexual, racist or otherwise inappropriate nature, as Floorspace determines in its sole discretion;
  • attempt to gain unauthorized access to the restricted areas of the Site;
  • manipulate identifiers in order to disguise the origin of any content transmitted on or through a the Site or the source of any content; 
  • upload, download, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 
  • interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of our networks connected to the Site; or
  • violate or infringe any right of any third party.

Floorspace may, but is under no obligation to, monitor, review or log any activity or use of the Site.  You consent to any such monitoring, reviewing and logging that is necessary to satisfy any law, regulation or government request, or to enhance operational efficiencies, to improve service levels, to assess client satisfaction or to protect Floorspace or the Site’s users.  Floorspace reserves the right, but does not assume the obligation, to suspend access to the Site to, or otherwise ban, any users who violate these Terms.

Intellectual Property Rights

All material available on the Site and all material and services provided by or through Floorspace, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws. 

Subject to your compliance with all of the terms and conditions of this Agreement, during the term of this Agreement, Floorspace grants to you a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Materials that we make available to you solely for your personal, informational, and non-commercial use, or as separately expressly authorized by Floorspace in writing.  

Personal Information

For the purposes of this Agreement and the Privacy Policy, “personal information” is any information about an identifiable individual, as defined in the Privacy Policy.

Floorspace retains the right to use or share any Aggregated Data generated by anyone using the Site or the Services, including our users, for the purpose of enhancing and providing the Services.  “Aggregated Data” means data that does not contain personal information and which has been manipulated or combined to provide generalized, anonymous information.  

Disclaimer

YOUR USE OF THE SITE, AND ALL MATERIALS FORMING PART OF OR RELATED TO THE SITE, ARE AT YOUR SOLE RESPONSIBILITY AND RISK.  THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  FLOORSPACE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.  

FLOORSPACE DISCLAIMS ANY WARRANTY THAT THE SITE, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SOFTWARE AND MATERIALS, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU AGREE THAT FROM TIME TO TIME FLOORSPACE MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU.  YOUR ACCESS AND USE OF THE SITE MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE, OR OTHER ACTIONS THAT FLOORSPACE, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE.  FLOORSPACE MAKES NO GUARANTEE REGARDING THE COMPATIBILITY OF ANY SOFTWARE, HARDWARE OR CONTENT WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FLOORSPACE OR THROUGH OR FROM THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. 

THE SITE IS OFFERED AND CONTROLLED BY FLOORSPACE FROM ITS FACILITIES IN CANADA.  FLOORSPACE MAKES NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

Limitation of Liability

FLOORSPACE WILL NOT HAVE ANY LIABILITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT LOSSES OR DAMAGES, OR ANY OTHER DAMAGE OR LOSS CLAIMED EITHER IN CONTRACT, NEGLIGENCE OR TORT INCLUDING, WITHOUT LIMITATION, PUNITIVE DAMAGES ARISING OUT OF USE OF THE SITE AND THE INFORMATION CONTAINED THEREIN, OR ARISING OUT OF THE INABILITY TO USE THE SITE AND THE INFORMATION CONTAINED THEREIN.

You agree that you will not bring a claim under or related to these Terms more than 12 months from when your claim first arose.


Your Profile Information and Account

If Floorspace invite you to sign up for an account to access additional areas of the Site (an “Account), you agree that Floorspace is providing you with one user identification reference that you will use to create a username and password (together, the “User ID”) to the extent, and only to the extent, necessary to access and use the Site in accordance with these Terms.  You agree and understand that you are responsible for maintaining the confidentiality of your User ID.  

Your right to access and use your Account is personal to you and is not transferable by you to any other person or entity.  You agree not to disclose your User ID to any third party.  You are solely responsible for all activities that occur under your Account.  If you become aware of any unauthorized use of your Account, you are responsible for notifying Floorspace immediately.  

Marketing Communications

In the case of any newsletter or other marketing initiatives, you can withdraw your consent to receiving those communications and unsubscribe at any time by clicking “Unsubscribe” at the bottom of such communication or by contacting hello@floorspace.ca. 

Links and Third Party Content

The Site contains links to external third party websites, entities, content and products that are provided for your information and convenience only and do not constitute any endorsement or a recommendation by Floorspace.  If you access these links, you will leave the Site.  If you decide to visit any linked site, you do so at your own risk.  Floorspace makes no representations whatsoever about any other websites which you may access from the Site.

General

If there is any dispute between you and Floorspace about or involving these Terms or the Site, you hereby agree that the dispute will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, and the federal laws of Canada applicable therein without regard to its conflict of law provisions.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to this these Terms.

Except for any claim involving the ownership of intellectual property, all disputes arising out of or in connection with these Terms will be referred to and finally resolved by arbitration administered by the Vancouver International Arbitration Centre (VanIAC) pursuant to its applicable rules.  The place of arbitration shall be Vancouver, British Columbia, Canada and the language of the arbitration shall be English.  The number of arbitrators shall be one.  Notwithstanding the foregoing, Jugaad may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction and you agree that these Terms is specifically enforceable by Jugaad through injunctive relief and other equitable remedies without proof of monetary damages.

You agree that if Floorspace does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Floorspace has the benefit of under any applicable law), this will not be taken to be a formal waiver of Floorspace’s rights and that those rights or remedies will still be available to Floorspace.

These Terms shall constitute the complete and exclusive agreement between you and Floorspace, and govern your use of the Site.  If any provision of these Terms is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from these Terms and the other provisions shall remain in full force and effect.

Contacting Floorspace

You may contact Floorspace by email at hello@floorspace.ca or by mail at Suite 700, 745 Thurlow St. Vancouver, BC V6E 0C5.

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