Welcome to the GVR Portal, which is provided by us, Greater Vancouver REALTORS® (“GVR”). In these Terms, "we", "us", and "our" refer to GVR alone and never refer to the combination of any other party and GVR (that combination is referred to as “the parties”). These terms and conditions (the “Terms”) govern your access to and use of the Portal, and by accessing and using the Portal you are fully accepting and agreeing to comply with and be bound by these Terms.
- Licence to You. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable right to access and use the Portal in accordance with the Terms. We reserve all rights not expressly granted in the Terms. We may terminate this licence and your access to and use of the Portal at any time.
- Accessing and Using Portal. Some Portal users have authorized GVR to upload certain documents to the Portal, and to allow certain other identified users to access and download those documents through the Portal. If you have been granted authorization to access and download certain documents on the Portal, you will only access and use the Portal to access and download those documents.
- Changes to the Terms. GVR may change these Terms from time to time without notice. All changes are effective immediately upon posting and apply to your continued access to and use of the Portal, and your continued access and use constitutes your acceptance of the changes. If you do not agree to the Terms as applicable from time to time, you must stop accessing or using the Portal.
- Your Account and Security. You must access and use the Portal through the Portal account using the username and password established when you create your Portal account. You will: (a) provide true, accurate, current and complete information about yourself as requested by any registration forms on the Portal (“Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
You will be fully responsible for: (i) all use of your account; (ii) any action that takes place using your account by any person or automated process; (iii) maintaining the confidentiality and security of your account and passwords; and (iv) immediately notifying us upon any unauthorized use of your password or account, or if you know of any other breach of security in relation to the Portal. We will not be liable for any loss or damage arising from any unauthorized use of your account(s).
- Proprietary Rights. As between you and GVR, GVR owns all rights, title, and interest in and to the Portal and its organization and design, and all information, images, artwork, text, video, audio, pictures and other material, data and content made available in and through the Portal (collectively the “Content”). The Portal and Content are protected by copyright and other proprietary rights, all of which we own or have the right to use. We reserve all rights not expressly granted under these Terms, and you may not use any Content for any purpose not expressly permitted by these Terms.
We own our name, logo, and any of our other trademarks and trade names appearing on the Portal. Unless otherwise indicated, all other names, logos, trade-marks appearing on the Portal are owned by third parties and are used under licence.
- Updates. From time to time we may add new features to the Portal, suspend or discontinue existing features from the Portal, or otherwise modify the Portal, all without notice or liability. Any such changes might affect your access to and use of certain Portal features of the Portal.
- Interruptions and Errors. Your use of the Portal might be interrupted and will not be free of errors. The Portal may be unavailable, or may otherwise not perform as intended or expected, from time to time due to routine maintenance, upgrades, hardware or software malfunctions, repairs, power outages, hackers, denial of service attacks, unforeseeably large service demands, or other reasons beyond our control. We will not be liable for the Portal’s unavailability or failure to perform resulting from any causes whatsoever.
- Suspension or Termination. To the extent allowable by applicable law, we reserve the right to suspend or terminate your access to the Portal at any time for any reason, including if you have failed to comply with these Terms, or if activities occur on your account that would or might (i) cause damage to or impair the Portal; (ii) infringe or violate any third-party rights (including confidentiality), or (iii) violate any applicable laws. Termination or suspension of your account also entails the termination or suspension of your licence to use the Portal. If we suspend or terminate your account, we will notify you by email.
- Security and Viruses. We have taken reasonable steps to make the Portal secure, but due to the inherent open nature of the Internet we cannot guarantee that the Portal or that communications between you and us or your Portal account will be free from unauthorized access, and your use of the Portal demonstrates your assumption of this risk. We have also taken reasonable steps to ensure that the Portal is free of computer viruses and other harmful components. Nevertheless, you should install and maintain appropriate anti-virus and other protective software on the devices from which you access and use the Portal. Without limiting any other part of these Terms, we disclaim all liability for any computer viruses or other harmful or destructive programs that you may download from the Portal.
- Code of Conduct. As a condition of your access to and use of the Portal, you will use the Portal only for lawful purposes in accordance with these Terms and all applicable laws and regulations. Without limiting the previous sentence, you will not: (a) access or use the Portal if you are not fully able and legally competent to agree to these Terms; (b) violate, or promote the violation of, any federal, provincial, local, foreign, or international law or regulation; (c) except as expressly permitted by these Terms or applicable law, directly or indirectly make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile, publicly display, republish, download, store, transmit or create any derivative works of the Portal or any Content, including any software (except that your computer and browser may temporarily store or cache copies of materials being accessed and viewed); (d) modify copies of any materials downloaded by you from the Portal; (e) use the Portal or any part thereof, without our express written consent, for any commercial, political, or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming; (f) interfere with or attempt to interfere with the proper working of the Portal; (g) incorporate the Portal or any part of it into any other program or product; (h) use automated scripts, software, code, or systems to collect information from or otherwise interact with the Portal; (i) involve, provide, or contribute any false, inaccurate, or misleading information; (j) impersonate or attempt to impersonate GVR, one of our employees, another user, or any other person or entity (including by using email addresses, or screen names associated with any of the foregoing); (k) use or attempt to use another user’s account, service, or system without authorization from GVR; or (l) use the Portal to upload, transmit, distribute, store, or otherwise make available in any way, any material that is malicious or technologically harmful, any private information of any third party (including addresses, phone numbers, email addresses, number and feature in a personal identity document, or credit card numbers), or any material that does or may infringe any copyright, trademark, or other intellectual property or privacy rights of any other person.
- Indemnity. To the maximum extent permitted by law, you agree to, at your sole cost, defend, indemnify, and hold harmless GVR, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, suppliers, and advisors (collectively, including GVR, the “GVR Parties”) from and against any claims, liabilities, costs, fines, penalties, and expenses, including legal fees and expenses, arising out of or in any way connected with: (i) a breach by you, or any user of your account, of these Terms; (ii) your access to or use of, or activities in connection with, the Portal; or (iii) any misrepresentation made by you (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by us in the defense of any Claims and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses at our own cost. You will not settle any Claims and Losses without, in each instance, our prior written consent or the consent of an individual whom we authorize, in writing, to approve that settlement.
- DISCLAIMER AND EXCLUSION OF WARRANTIES. To the maximum extent permitted by law: (i) the portal and content are provided on an “as is” and “as available” basis for your use; and (ii) we expressly disclaim and exclude all representations and warranties, including all conditions, warranties, or other terms, whether statutory, express, or implied (including any implied warranties of merchantability, non-infringement, satisfactory quality, fitness for a particular purpose, or conformance with description), except for those expressly set out in these terms.
Without limiting the previous paragraph, we do not represent or warrant to you that: (a) your use of the services will be uninterrupted, timely, secure, or free from error; (b) the portal or the servers that make it available are free of viruses or other harmful components; or (c) any information obtained by you as a result of your use of the portal will be accurate or reliable.
We may change, suspend, withdraw, or restrict the availability of all or any part of the portal or content for business and operational reasons at any time without notice. You are responsible for verifying any information obtained through the portal or the content before relying on it. You freely accept and voluntarily agree to assume all risks, including property damage or loss, connected with your use of the portal or content howsoever arising.
Your use of the portal may depend on the internet, including networks, cabling, facilities, and equipment that is not in our control. Accordingly: (i) we cannot guarantee any minimum level regarding the portal’s performance, speed, reliability, availability, use, or consistency; and (ii) you acknowledge and agree that data, messages, information, or materials sent over the internet may not be completely private, and your anonymity is not guaranteed.
- LIMITATION OF LIABILITY. In no event will any of the GVR parties be liable (jointly or severally) to you or any other person for direct, indirect, consequential, special, incidental, punitive, or exemplary damages, including lost profits (whether incurred directly or indirectly), lost savings, lost revenues, lost goodwill, or lost opportunity (collectively, the "excluded damages"). These limitations apply whether the alleged liability is based on tort (including negligence), contract, or other theory of liability, even if any of the GVR parties have been advised of the possibility of or could have foreseen any of the excluded damages, and irrespective of any failure of an essential purpose of a limited remedy, and you hereby waive, release, and forever discharge the GVR parties from and against all of the excluded damages. If any applicable authority holds any portion of this section to be unenforceable, then the GVR parties' liability will be limited to the fullest possible extent permitted by applicable law.
- Other Terms. Applicable Law and Jurisdiction. These Terms are governed by the laws of British Columbia and the laws of Canada applicable in British Columbia, without giving effect to any choice or conflict of law provisions or rules. All unresolved disputes will be resolved by the courts of British Columbia sitting in the City of Vancouver, and the parties hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts for those purposes. Notwithstanding the foregoing, each party may seek injunctive relief in any court of competent and appropriate jurisdiction. Entire Agreement. These Terms constitute the whole legal agreement between you and GVR and govern your use of the Portal and Content and completely replace any prior agreements between you and GVR in relation to the Portal. Assignment. We may at any time assign our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign these Terms without our prior written consent. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns. No Waiver. Our failure to insist upon or enforce any provision of these Terms will not be construed as a waiver of any provision or right. Severability. If any court of law with jurisdiction to decide on this matter rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining Terms will continue to be valid and enforceable. Any Questions? Get in touch at accounting@gvrealtors.ca
Last updated: February 12, 2024