Last update: April 1st, 2021
GENERAL
Welcome to Vivee! Our Terms of Use constitute a legal agreement between us, Etgir Entreprise S.E.N.C., owner of the internet site Vivee.com ,Vivee.ca and its mobile applications, and you, the user of the services offered by Etgir Entreprise S.E.N.C.
Note that the terms “Vivee,” “site,” “service(s),” and “network” refer to our internet site Vivee.com,Vivee.ca, our mobile applications, and our optimized websites for mobile devices and, us, Etgir Entreprise S.E.N.C .The terms “user,” “member(s),” “user,” and “you” refer to any person who uses our services as a member of or visitor to our site. The term “Terms of Use” refers to the present document and the Privacy Policy that is incorporated herein.
Our services are offered to people age 16 and over. If you are younger than 16 years old, we invite your parents to respond to the ads that interest you and to publish your ads so that they will be directly involved in the transaction.
To use some of our services, you may need to register with us and create an account using your email address and a password. Keeping this password confidential is your responsibility and disclosing it to any third party is prohibited. The activities carried out on your account and under your password are entirely your responsibility. You agree to immediately notify us of any unauthorized use of your account and password.
These website terms of use (the “Terms of Use”) constitute a legal agreement between you and Vivee concerning access to and use of the Website. PLEASE READ THE TERMS OF USE CAREFULLY before browsing the Website or using the services it describes (the “Services”).
Acceptance of Terms of Use Whenever you browse the Website or use any of the Services, you agree to be bound by the Terms of Use. IF YOU DO NOT WANT TO ACCEPT THE TERMS OF USE, YOU SHOULD NOT USE THE WEBSITE OR THE SERVICES. Vivee may amend the Terms of Use at any time, at its complete discretion. Your use of the Website and/or the Services, after an amendment has been posted, shall be deemed to signify your acceptance of the revised Terms of Use. We ask that you review this page regularly.
Vivee reserves the right to cancel the Terms of Use and/or your right to browse and use any or all of the Website or Services, without notice, at its complete discretion.
THE ROLE OF Vivee
Vivee is a meeting point for sellers of products and services and potential buyers. As such, completing the transaction is the responsibility of the seller and the buyer. Although we make all possible efforts to ensure the security of our site and maintain its integrity, we cannot guarantee nor attest to the quality or legality of the advertised products and services, the validity or exactitude of the descriptions, the ability of the sellers to sell products and services, or the ability of the buyers to buy them.
Vivee does not intervene in transactions between buyers and sellers and does not offer any protection program or payment methods between members (for example, Vivee will never ask you to make a bank transfer to a Vivee agent to complete a transaction with another member). If you receive an email with the Vivee logo that promotes such services, do not respond to this message and report the problem by clicking here. These messages are without a doubt the work of scammers who are trying to get your money or personal information by imitating the appearance of Vivee emails.
Advisory The purpose of the Website is to help users sell or rent their properties (the “Properties”) without going through a third party and without paying any commission, retribution. It is up to the seller and purchaser or to the lessor and lessee to complete any eventual transaction, with the understanding that Vivee will not be part of the transaction. In the interests of transparency for the potential buyers and lessees who browse the Website, the telephone number posted on the listing and the lawn sign must be the owner’s or lessor’s, respectively. In the event that the sale or rental of the Property is entrusted to a third party, it is not permitted to refer potential buyers or lessees to the third party through the content of the listing (telephone number, email, description, etc.) or through the lawn sign, otherwise the listing will be removed from the Website without refund.
Although Vivee strives to use its best efforts to keep the Website secure and maintain its integrity, Vivee MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE PROPERTIES, THE VALIDITY OR ACCURACY OF THEIR DESCRIPTIONS, OR THE CAPACITY OF THE SELLERS OR LESSORS TO SELL OR RENT THEIR PROPERTIES OR OF THE BUYERS OR LESSEES TO PURCHASE OR RENT THEM.
Vivee IS NOT A REAL ESTATE BROKERAGE AND DOES NOT OFFER ANY REAL ESTATE BROKERAGE SERVICES.
From time to time, the Website may provide information on the various aspects of selling and renting a property (“Information”). Such Information is provided solely for educational purposes and shall in no event be construed as advice, an opinion, recommendation or action plan. The Website and its use are not intended as a substitute for and do not replace consultation with a qualified professional, where applicable.
USE OF OUR SERVICES - GENERAL RULES
- By using our services, you agree not to:
- Breach applicable laws and our Terms of Use, including our Posting Rules;
- Use different identities;
- Give false or misleading information;
- Infringe on rights held by third parties;
- Distribute spam or offer multi-level marketing systems or pyramid schemes;
- Distribute viruses or other technologies intended to infringe on Vivee or the interests and good of other Vivee users;
- Impose an unreasonable load on our infrastructure or interfere with the proper functioning of Vivee;
- Copy, modify, export, or distribute any content that belongs to another person from the site;
- Use a robot, spider, scraper, or any other automated means to access Vivee and collect site content for any purpose, without written permission from Vivee;
- Collect or obtain information relative to another person, especially email addresses, in any other way without authorization;
- Circumvent measures taken to prevent or restrict access to Vivee;
- Contact an advertiser to promote a competitive service or site; or
- Contact an advertiser to make remarks that are disrespectful, offensive, obscene, vulgar, or that violate the privacy of an individual.
USE OF OUR SERVICES - POSTING RULES
Our Posting Rules aim to create and maintain a searching and buying experience that is pleasant and credible. For this purpose, the following publication activities are prohibited on Vivee:
Publishing ads for a product or service that is illegal to possess, buy, or sell in your region or that appears on the list of prohibited products and services (see the “Prohibited Products and Services” section below).
Publishing ads that breach copyright, trademarks, patents, or other property rights held by third parties.
Simultaneously publishing similar or identical ads on the site, even if they are listed in different categories or cities.
Publishing identical or similar ads by using different email addresses.
Publishing an ad that does not offer a specific product or service.
Publishing an ad that only publicizes the place of sale and the opening hours of a business without advertising a specific sale offer.
Publishing ads whose goal is to promote or direct users to another website.
Publishing ads that contain defamatory, discriminatory, or hateful remarks toward individuals or groups or that are offensive, obscene, vulgar, or that violate the privacy of an individual.
Publishing ads for pyramid or multi-level schemes or any other prohibited advertisement use.
Publishing ads that contain opinions, notifications, or discussion topics, which should be discussed in discussion forums.
Publishing an ad in the wrong category or with malicious or misleading information.
Publishing an ad that contains an excessive number of keywords in the ad title or description or keywords that do not directly relate to the subject of the ad.
Publishing an ad in a language other than French or English.
Publishing an ad that promotes an online classified ads service that competes with Vivee.
Publishing an ad as a private seller, owner, or individual when you are a company, dealer, or professional.
Advertising a single article while offering other articles in the description of the ad. In this case, you must make distinct ads for each article.
When your ad allows you to include a hyperlink, it must not be a link to a page of an auctions site, a competing classified ads site, or a multi-seller fixed-price site. A link to a site that does not comply with the law or the Vivee Terms of Use will be removed.
Attempting to avoid publication fees by placing an ad in an inappropriate category or by omitting your identity as a merchant.
· Copyright All material, articles, text, illustrations, graphics, images, photographs, virtual tours, information, audio or video clips, data, databases, maps, files, software and codes available on the Website (the “Content”), including the manner in which the Content is presented, are protected by Canadian and foreign law, including copyright law, and belong to Vivee, its affiliates, licensors and/or the party acknowledged as the Content supplier.
· Without limiting the generality of the foregoing, Vivee owns the copyrights in all photographs posted on the Website and/or taken by Vivee, its employees, representatives, mandataries, agents, and/or licensors.
· You shall not: (i) copy, reproduce, modify, adapt, translate, download, distribute or transmit all or any part of the Content; (ii) perform “data scraping”, “database scraping” or any other activity intended to collect, store, reorganize or manipulate data from the Website or any part of the Content in any form and by any means; (iii) sell, lease, license or otherwise use the Content for commercial, public or non-personal purposes; (iv) modify, remove or cover any trade-mark or proprietary notice included in the Content; (v) decompile, disassemble, decrypt, extract or reverse engineer the Website and its components, including, in particular, the Content, or help anyone do so; or (iv) use the Website in any way that could damage, impair, overburden, disable, or otherwise affect the Website or any services, accounts, servers, networks, resources, linked or accessible through the Website.
PROHIBITED PRODUCTS AND SERVICES
Stolen items, counterfeits, and material protected by copyright. It is prohibited to sell on this site stolen or counterfeited merchandise or items or services that breach copyright, patents, trade secrets, or any other property or privacy right held by third parties.
Selling items that are illegal or contrary to morals is also prohibited.
Trademarks Vivee and Vivee & DESIGN are Vivee trademarks or are used under licence. Other names, words, title, phrases, logos, drawings, graphics, icons and trademarks posted on the Website may constitute trademarks of Vivee or of a third party. Nothing on the Website shall be construed as granting you any licence or right of use of any logo, drawing or trademark of Vivee or a third party.
FEES AND SERVICES
Certain options for posting ads on Vivee entail fees. You will have the opportunity to review and accept these fees before your ads are published. Our fees are stated in Canadian dollars and we reserve the right to change them from time to time. We will notify you of any changes in our fees by posting them on the site. We may change our fees for promotional events or new services; these changes take effect when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for payments when they are due. If you do not pay the fees due, we reserve the right to limit your access to the services.
Your ad will be published on Vivee for the period of time predetermined in the ad form and/or upon payment of the applicable ad fees. Please note that, when an ad is deleted or expired, your right to publish ends. You cannot reactivate this ad afterwards and Vivee customer service cannot do this for you either.
VIOLATING OUR RULES
We reserve the right to delete ads, suspend or terminate access to our services (without reimbursing fees that have been paid), take technical and legal measures to block access to Vivee or exercise any other right, and impose any other sanction that we judge appropriate on users who do not comply with our Terms of Use or the spirit thereof. We may also take such measures if we are unable to verify or authenticate the information that you have provided to us or if we believe that your actions may give rise to legal liability for you, us, or our users or if, in our opinion, your conduct undermines the integrity of our site.
Submissions Via the Website, you can post and submit messages, data, text, photographs, images and other material (“Your Content”) and interact with Vivee, its employees, agents, mandataries and other users.
You are fully responsible for the quality and accuracy of Your Content. You agree that Your Content must not violate or infringe upon the rights of others, including privacy, confidentiality, personally identifiable information and intellectual property rights, contravene any law, regulation or government order, infringe any applicable third party terms of use, including any terms of use related to the use of a mobile application or related to a service for which the terms of use are accessible on the Website, or constitute false, misleading, or otherwise illegal information. You agree not to use the Website to harass or abuse, send spam or any unwanted communications, including for commercial purposes, or send unlawful, libelous, obscene, offensive, threatening, aggressive, abusive, discriminatory or otherwise objectionable messages.
Whenever you post Your Content on the Website or submit Your Content to Vivee, you grant Vivee an unlimited, irrevocable, non-exclusive, perpetual and royalty-free worldwide licence to: (i) use, copy, store, adapt, translate, modify, create derivative works, transmit, distribute and publicly perform Your Content or make it publicly available for any purpose; and (ii) grant sublicences to third parties for unlimited rights to exercise any of the foregoing rights. Other than granting the aforementioned licence, you hereby (i) agree to waive all of the moral rights to Your Content in favour of Vivee; (ii) consent to the appearance of your name, address and e-mail address for Your Content, if any, and to the disclosure and/or posting of such information, as well as any other personal or confidential information about you or a third party, which information may be found in Your Content; (iii) acknowledge and agree that Vivee shall not be liable for any loss, damage to or corruption of Your Content; and (iv) acknowledge and agree that the presentations you upload for posting on the Website or that you submit to Vivee shall not be deemed confidential.
Vivee reserves the right, without any obligation, to monitor the Website, Your Content or any of the content accessible via the Website, in its sole discretion, and to disclose any information necessary in order to comply with any law, regulation or government request, in the interest of operating the Website properly or protecting itself or its users. Vivee may remove Your Content and/or terminate, limit or suspend your access to the Website for any reason.
AD RELOCATION
Vivee reserves the right to relocate certain ads to categories believed to be more pertinent for the advertised product or service.
PROVISIONS APPLICABLE TO A MERCHANT SELLER
Merchants who publish products or services for sale on Vivee are reminded that they must comply with the applicable sales rules set out in the Consumer Protection Act, especially warranty, prohibited trade practices, and the need to display their status as a merchant or services.
INFORMATION DISCLOSED ON THE SITE
You are responsible for the content of the information you disclose in the context of your use of this site; this information must not at any time be false, inexact or misleading, immoral, or illegal. You are also responsible for updating the personal information that you disclosed to us when you registered as a member.
You acknowledge that the information you provide electronically is not confidential or private and does not infringe the rights of any person or entity.
As mentioned above, although we make every effort to ensure the integrity of our site, we have no absolute control over the content of the information that is provided by other user members or made available on this site. As a result, when you use the site, you may be exposed to content that you believe to be offensive, prejudicial, or inaccurate. Please note that carrying out transactions with foreign citizens, minors, and people using false identities also entails risks.
In addition, you agree to grant us as well as all our affiliates and partners a sub-licensable, irrevocable, free, and unlimited perpetual license to use, modify, transmit, display, reproduce, and distribute your content on Vivee and on the sites of Vivee affiliates and partners, in any medium and by any means or process whatsoever.
NO GUARANTEE
Vivee OFFERS ITS SERVICES “AS IS” WITHOUT ANY EXPRESS OR IMPLIED GUARANTEE OR CONDITION. THE USER ACKNOWLEDGES THAT Vivee CARRIES OUT NO RESEARCH AS TO THE SOLVENCY OF THESE MEMBERS (BUYERS OR SELLERS), THEIR LEGAL SITUATION, OR THEIR ABILITY TO FULFIL THEIR COMMITMENTS. WE THEREFORE SHALL NOT BE HELD LIABLE FOR THE PROPERTY TITLE, COMMERCIAL VALUE, OR SUITABILITY OF ANY ITEM FOR A PARTICULAR PURPOSE NOR FOR THE ABSENCE OF INFRINGEMENT OF THIRD-PARTY RIGHTS. IN ADDITION, THE USER ACKNOWLEDGES THAT Vivee.COM DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, AND SECURE ACCESS TO ITS SERVICES AND THAT MANY FACTORS OUT OF ITS CONTROL MAY INTERFERE WITH THE OPERATION OF THIS SITE.
NON-LIABILITY
IN NO EVENT SHALL Vivee, ITS AFFILIATES, ADMINISTRATORS, EMPLOYEES, AND REPRESENTATIVES BE HELD LIABLE FOR ANY CLAIM OR DAMMAGE, DIRECT OR INDIRECT, ARISING FROM THE USE OF THIS SITE, THE SERVICES PROVIDED ON THIS SITE, THE INFORMATION CONTAINED ON THIS SITE, OR THE INTERPRETATION OF THESE REGULATIONS.
INDEMNITY
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS Vivee, ITS AFFILIATES, ADMINISTRATORS, EMPLOYEES, AND REPRESENTATIVES FROM AND AGAINST ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND INDIRECT) OF ANY KIND, KNOWN AND UNKNOWN, ARISING IN ANY WAY FROM ANY TRANSACTION CARRIED OUT BETWEEN BUYERS AND SELLERS ON THIS SITE OR FROM ANY USE OF THIS SITE.
TRADEMARKS
The trademarks, logos, and other intellectual property displayed on our site (including PAC, Vivee, Vivee.com, the Vivee and Etgir Entreprise S.E.N.C. logo, collectively referred to as “Trademarks”) are trademarks, whether registered or unregistered, of Vivee or of third parties owned by their respective owners and may not be used without the written permission of Vivee or their respective owners.
ACCESS TO YOUR DATA
You can access your personal member data at any time via your personal page. You also have access to your active ads via your login section.
Please note, however, that we do not keep ads in archives. We therefore strongly recommend that you keep a copy of the ads you publish on the site in your personal archives.
Governing Law These Terms of Use, as well as your use of the Website and Services, shall be governed by the laws of the Province of Quebec and the laws of Canada, regardless of conflict of law principles. You hereby acknowledge that any litigation arising from or related to your use of the Website or Services or these Terms of Use shall be subject to the jurisdiction of the courts of the District of Montreal, Province of Quebec.