These terms and conditions (the “Terms and Conditions”) govern the use of
CottageVacationAwaits.com (the “Site”). This Site is owned and operated by JCMK Properties. This Site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and
agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT
IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT
CAREFULLY.
Intellectual Property
All content published and made available on our Site is the property of CottageVacationAwaits.com and
the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable
files and anything that contributes to the composition of our Site.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not
to:
– Harass or mistreat other users of our Site;
– Violate the rights of other users of our Site;
– Violate the intellectual property rights of the Site owners or any third party to the Site;
– Hack into the account of another user of the Site;
– Act in any way that could be considered fraudulent; or
– Post any material that may be deemed inappropriate or offensive.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions,
we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our site.
Accounts
When you create an account on our Site, you agree to the following:
1. You are solely responsible for your account and the security and privacy of your account,
including passwords or sensitive information attached to that account; and
2. All personal information you provide to us through your account is up to date, accurate, and
truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you
violate these Terms and Conditions.
Sale of Services
These Terms and Conditions govern the sale of services available on our Site.
The following services are available on our Site:
– Cottage Rental Service, Cottage Reservation Services, Property Management Services.
The services will be paid for in full when the services are ordered.
These Terms and Conditions apply to all the services that are displayed on our Site at the time you
access it. All information, descriptions, or images that we provide about our services are as accurate as
possible. However, we are not legally bound by such information, descriptions, or images as we cannot
guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your
own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel
your order and have already processed your payment, we will give you a refund equal to the amount
you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt
of any refund.
Subscriptions
Your subscription does not automatically renew. You will be notified before your next payment is due
and must authorize that payment in order for your subscription to continue.
We accept the following payment methods on our Site:
– PayPal
-Electronic Transfer
When you provide us with your payment information, you authorize our use of and access to the
payment instrument you have chosen to use. By providing us with your payment information, you
authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to
cancel or reverse your transaction.
Consumer Protection Law
Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction
applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and
remedies under that legislation. These Terms and Conditions will be read subject to the mandatory
provisions of that legislation. If there is a conflict between these Terms and Conditions and that
legislation, the mandatory provisions of the legislation will apply.
Limitation of Liability
Cottage Vacation Awaits and our directors, officers, agents, employees, subsidiaries, and affiliates will
not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from
your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Cottage Vacation Awaits & JCMK Properties and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions,
claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our
Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the Province of Ontario.
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Cottage Vacation Waits (and JCMK Properties)
are unable to resolve any dispute through informal discussion, then you and Cottage
Vacation Awaits agree to submit the issue first before a non-binding mediator and to an arbitrator in the event
that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator
must be a neutral party acceptable to both you and Cottage Vacation Awaits.
Notwithstanding any other provision in these Terms and Conditions, you and Cottage Vacation Awaits
agree that you both retain the right to bring an action in small claims court and to bring an action for
injunctive relief or intellectual property infringement.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent
or invalid under applicable laws, those provisions will be deemed void and will be removed from these
Terms and Conditions. All other provisions will not be affected by the removal and the rest of these
Terms and Conditions will still be considered valid.
You must not:
Republish material from CottageVacationAwaits.com
Sell, rent or sub-license material from CottageVacationAwaits.com
Reproduce, duplicate or copy material from CottageVacationAwaits.com
Redistribute content from CottageVacationAwaits.com
This Agreement shall begin on the date hereof.
Parts of this website may offer an opportunity for users to post and exchange opinions and information in certain areas of the website. The CottageVacationAwaits.com website does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of CottageVacationAwaits.com, Website, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, CottageVacationAwaits.com website shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
The CottageVacationAwaits.com website reserves the right to monitor all Comments and to remove any Comments which we believe can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant the Cottage Vacation Awaits website a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
commonly-known consumer and/or business information sources;
dot.com community sites;
associations or other groups representing charities;
online directory distributors;
internet portals;
accounting, law and consulting firms; and
educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink ; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to support@cottagevacationawaits.com. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
By use of our business name; or
By use of the uniform resource locator being linked to; or
By use of any other description of our website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of CottageVacationAwaits.com logo or other artwork will be allowed for linking absent a trademark license agreement.
iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
Content Liability
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with
the law and to reflect any changes to the way we operate our Site and the way we expect users to
behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a
notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
______________________________________
support@cottagevacationawaits.com
308 Silent Wood Grove, Carp, Ontario, K0A 1L0
You can also contact us to provide feedback at jcmkproperties@gmail.com
