TERMS AND CONDITIONS LANDPASS INC.
Last Revised: September 17th, 2020
Table of content:
- Acceptance of tac
- Changes to the tac
- User warranties
- Grant of rights; Ownership
- Responsibility for Content
- Limitation of Liability
- Disclaimer of Warranties
- Governing Law
- No third-party beneficiaries
- Service fees
- Ratings and Reviews / Feedback
- Termination and Survival
- Contact Information
- ACCEPTANCE OF TAC
These Terms and Conditions (“TAC”) are a legal agreement between you and Land Pass Inc (“LandPass”). LandPass, along with its associated third parties, website, and mobile content (“Website”) are owned and operated by LandPass. LandPass is a booking service that allows users to list and rent hunting and fishing properties (“Services”). LandPass makes these Services available through this Website subject to these TAC. Please take the time to review this agreement in full, as it controls and describes the TAC of LandPass that governs your access to all Services. We recommend that Landowners and Renters (“Users”) retain a copy of these conditions or print them for reference. This User Agreement is effective immediately.
- CHANGES TO THE TAC
LandPass reserves the right to modify the TAC at any time upon notice to you. Terms should be looked at regularly. The last revised date will be shown at the top of the TAC and all changes are effective immediately. If you do not agree to the updated TAC, you must discontinue your use of the Service immediately. If you continue to use the Service, you are agreeing and accepting the updated TAC.
- USER WARRANTIES
If you are under the age of eighteen (18) or the age of majority in your jurisdiction, you are prohibited from using this Service. This service is not intended for individuals who are under the age of 18. If you believe said information has been provided to our Service, please notify [email protected] immediately.
- GRANT OF RIGHTS; OWNERSHIP
Upon the execution of this agreement, all rights granted to you under this TAC are subject to your compliance in all material respects. Your access to and use of the Service must further comply with any usage guidelines set forth in this agreement and posted by LandPass.
User registration on LandPassInc.com is free. By completing the registering for the Service, you agree and comply to: (i) providing/displaying true, accurate, current, and complete information about yourself as prompted by the Service’s registration application and (ii) maintain and promptly update the registration data in order to keep it true, accurate, current and complete. If any information provided is untrue, inaccurate, not current/incomplete, or LandPass suspects registration data error, LandPass has the right to investigate, suspend or terminate your account effective immediately.
- RESPONSIBILITY FOR CONTENT
You acknowledge, agree, and guarantee that all information you place on the LandPass Website, whether public or private is accurate, true, and correct. This includes but is not limited to maps, photos, videos, data, text, software, messages, email, post, and any other material that is accessible and available through the Service and Website. You agree that you are entirely responsible for content and information uploaded from your account. Your content must not violate any trademark, rights of privacy, copyright, right of publicity, and any other right of another third party. LandPass reserves the right to pre- screen, refuse, or remove any content that violates the TAC at any time.
- LIMITATION OF LIABILITY
The limitations of damages set forth below are fundamental elements of the basis of the bargain between LandPass and you. You acknowledge and agree that LandPass is not liable for the risk arising from your access and use of the Website. This includes your booking, publishing of any listing, your participation in any meeting, experience, or any other interactions with other Users on the LandPass Platform. To the maximum extent permitted by law, you agree that LandPass nor any LandPass parties are liable for any lost profits, incidental, special, exemplary, punitive, or consequential damages, including but not limited to financial loss, loss of data, service interruption, computer damage or system failure, and cost of product or service substitute. You voluntarily release, waive, discharge, and hold LandPass harmless from any and all claims, demands, or causes of action for property damage. This includes but is not limited to; damages arising from any type of commercial manner, any foreseeable damages, personal or bodily injury, and any wrongful death arising from negligence. You agree that LandPass is not liable for any damage or loss of any kind as a result from any dealings with other third parties. LandPass is not liable for any overnight accommodations during the duration of any booking. All overnight stay accommodations are strictly between User and Landowner. If Users wish to stay overnight at their booking, they must request approval first from the Landowner. Accommodations will be settled between both User and landowner only. LandPass is not liable for any other claims arising from the connection with the Service which cannot be excluded or limited under applicable law.
You agree to indemnify, protect, and hold LandPass and its affiliates, directors, officers, employees, agents, partners, and licensors (“LandPassInc Parties”) harmless from and against any claim, demand, loss, damage, cost, liability, and expense. This includes, but is not limited to reasonable attorneys’ fees, in any way connected with or arising out of your : (a) use or access of the Service provided; (b) violation of the TAC or any law or regulation; and (c) your breach of any law or rights from a third party.
- DISCLAIMER OF WARRANTIES
The Website and the content, information, and material presented on the LandPass platform is provided on an “as is”, “where-is”, and “where available” basis. LandPass makes no representation or warranty of any kind, either express or implied with respect to any content, information, or material found on this Website to the fullest extent permissible under applicable law. If you choose to use the LandPass platform, you do so voluntarily and at your own sole risk. You assume full responsibility for the choices you make before, during, and after your participation in a Landowner or Renter Service. You agree that different experiences as a Landowner, or Renter may carry inherent risk, and by participating in such Services, you voluntarily chose to assume those risks. For example, some Services may carry the risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Services. If identity verification or background checks are conducted on any User, to the extent permitted by applicable law, we disclaim warranties of any kind. Neither LandPass nor its members, employees, or third-party content providers warrant that this Website will meet your Service requirements, be uninterrupted, secure, and error-free. LandPass does not warrant the reliability of any information or statements distributed or displayed throughout the Website. Some materials may contain errors, inaccuracies, and outdated information. All content that is made available on this Website is available through informational purposes only, and you are solely responsible for providing accurate information and using common sense when verifying but not limited to boundaries, roads, and paths. The Service should not be used for any purpose requiring precise location, direction, or distance. If you chose to bring a minor during your booking, you are solely responsible for the supervision of the minor at all times during the booking and any claim that can arise from injury, loss, death, or harm that occurs to said minor during the Landowner Service. LandPass will use certain features that are available in the Service that will provide LandPass with your location information (“GPS Location”) that will collect GPS coordinates in real-time and through browser geolocation that will help us access your precise location. This will help us make enhancement services, products, protection, and other features available for your during the Service. If your GPS Location is inaccessible, we may not be able to offer you the information needed for the Service, and information may not be available for you. Tracking services may use information that is accessed through the use of web beacons, cookies, and other tracking mechanisms used throughout LandPass. Certain information may be automatically collected and stored in log files. LandPass may use Google Analytics or other third-party analytics providers to help us collect various information about the Service. This information can include but is not limited to: IP Address, browser type and language, device type, cookie information, platform type, number of clicks, browser history, the amount of time that is spent on each page, dates/times of usage and referral code that is used to track, identify, and measure impacts to create and collect data for rewards. This information is collected in order to better understand our Users and is used to help improve and promote more efficient quality of all Services and overall operation of LandPass. Some of our LandPass Services allow Users to communicate and connect with one another. This service is available to all LandPass Users by choice. Your personally identifiable information will be used in order to enable other Users to find your account. If you choose to share your content or access other shared content, other users will have access to such information including your first name, last name, profile photo, and any information included in your profile description.
- GOVERNING LAW
The TAC is governed by and constructed in accordance with the attraction acts of Canada and its common law jurisdictions without regard to conflict of laws principles. The agreement is subject to the laws of the Province of Ontario and you agree to the jurisdiction of exclusive; Courts of Ontario, Canada to resolve any dispute, claim, or controversy that arises in connection with you and the TAC.
- NO THIRD-PARTY BENEFICIARIES
You acknowledge and agree that otherwise expressly provided in the TAC, there shall be no third-party beneficiaries to the TAC.
LandPass has the authority to send all required under this agreement by making notifications available electronically through the LandPass platform notification, messaging service, email, or mailing address provided by you. If information is not current or accurate, LandPass may not be able to contact you and is not responsible for the consequences for the inaccurate information provided by you.
- SERVICE FEES
LandPass may charge service fees (“Service Fees”) to landowners and renters in consideration for the use of the LandPass Platform and bookings. You are responsible to pay for any Service Fees that are applicable to you and owed to LandPass. More information about when and how Service Fees apply can be found on our Service Fees page. Any service fees (including any applicable taxes) will be displayed prior to booking or publishing of a Listing. LandPass reserves the right to modify and change the Service Fees at any time and will provide users with a notice before becoming effective. All Service Fees are non-refundable.
Users are welcomed and encouraged to provide feedback, comments, and suggestions for the improvement of the LandPass platform by sending an email to [email protected] Any feedback users provide and submit including but not limited to comments, suggestions, ideas or other feedback related to the Service shall be considered non-confidential and free to use for modifications and otherwise grant rights without credit or compensation to you.
- RATINGS AND REVIEWS
LandPass offers users access to read and write personal ratings/reviews. Said information reflects the personal opinion of each individual User and does not reflect the opinion of LandPass. All Ratings and Reviews are not verified by LandPass unless said otherwise. Within a given timeframe after users have completed a booking, both landowners and renters have the right to submit a public review (“Review”) and star rating (“Rating”) about one another. Such reviews/ratings may not be accurate and may be misleading or incorrect. Ratings and reviews from Users must comply with LandPass’ Content Policy, be accurate, and will not contain offensive or defamatory language. Users are prohibited from manipulating Ratings and Reviews at all times. This includes instructing or paying a third party to write a positive or negative review. After receiving multiple star ratings of 2 or any negative or reoccurring reviews, LandPass will investigate said issues before determining the next steps mentioned in Section 18.
- TERMINATION AND SURVIVAL
If at any time you have breached your obligation or violated the TAC, all rights granted to you under the TAC will be terminated immediately, with or without notice, excluding all other provisions. LandPass may suspend or terminate your account at any time if you are (a) found to have participated or engaged in any fraudulent activity with our Website or Service that may cause legal liability for you, our users, or LandPass, (b) fail to meet any applicable criteria as a User(c) if any information provided to us is unauthentic and we are unable to verify, (d) you have repeatedly received poor Ratings and/or Review or LandPass becomes aware of your performance or repeated cancellation of confirmed bookings without valid reasoning. You have the right to terminate this agreement at any time by sending us an email. If you cancel your LandPass listing as a Landowner, any booking(s) that are confirmed will be canceled effective immediately, and your Renter will receive a full refund. If you cancel your LandPass account as a Renter, your booking will be canceled immediately, and any refund will be subject upon the terms of the Cancellation Policy. If this Agreement has been terminated, you are not entitled to the restoration of your LandPass Account or User Content. If your account has been suspended or terminated by LandPass you may not register for a new account to have access to LandPass and its platform or Service. In the event of non-material breaches or where appropriate, LandPass will give you notice of an opportunity to resolve the said issue that meets the satisfaction of the TAC and LandPass.
- CONTACT INFORMATION
If you have questions, concerns or suggestions regarding the Service, your account or the TAC, please contact us at [email protected]