Terms of Use

You should read these Terms carefully before you using the website or use any services. These Terms significantly alter your legal rights, remedies and obligations. Sections 18 and 19 in particular contain important limitations on and exclusions of our liability to you.

Welcome to our web site (the “Site”), which is owned and operated by British Pacific Properties Limited (“BPP”) and our affiliates and subsidiaries (together with BPP, “BPP Group”, “we”, “us” or “our”), and we provide the Site and may perform certain services (“Services”) or market certain products (“Products”) listed in or available through the Site or on the website of any other member of BPP Group, subject to the following terms and conditions (the “Terms”).

Your access and use of the Site, including your application or registration for, or use of, any Services through the Site, constitutes your acceptance of these Terms. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE THE SITE OR OTHERWISE APPLY FOR OR USE ANY SERVICES.

1. Your Authority

If you are acting for an organization or business entity, you represent and warrant that you are an authorized representative of that organization or business entity and that you have the authority to legally bind that organization or business entity to these Terms. In these Terms “you” refers to the individual using the Site and, if applicable, to the business entity that that individual represents.

2. Age of Majority

Our Site and Services are intended only for users who are at least 19 years old, and any registration, use or access to our Site or Services by anyone who does not meet these minimum age requirements is unauthorized, unlicensed and in violation of these Terms. If you are not the age of majority in your jurisdiction of residence, you must not access or use the Site or Services.

3. Terms May Change

We may change the Terms on occasion without notice, and you should revisit the Site periodically to review the then-current Terms. Revised Terms are effective once posted on or accessible from the Site.

4. Acceptance

Your access to and use of the Site and including your application or registration for, or use of, any Services through the Site is subject exclusively to these Terms. You will not use the Site for any purpose that is unlawful or prohibited by these Terms. By using the Site, including applying or registering for or using any Services through the Site, you are fully accepting the terms, conditions and disclaimers contained in these Terms.

5. Registration and Subscription

You are not required to create any user account, register, subscribe or provide any personal information in order to visit the Site, but in order to use certain features on, apply for or purchase certain Services through, or request certain information through our Site, you must submit certain information to us or otherwise register certain information through our online registration system. You make the following commitments to us when registering an account on the Site: (a) you will not provide any false information on the Site or register for anyone other than yourself (or the organization that you represent) without permission; (b) you will not use the Site for your own commercial gain; and (c) you will keep your contact information accurate and up to date by notifying us of any inaccuracies or changes to it.

6. Access, Security and Viruses

Your use of our Site may depend on the public Internet, including networks, cabling, facilities and equipment that is not in our control and we cannot guarantee any minimum level regarding the performance, speed, reliability, availability, use or consistency. We have implemented reasonable technology and security features to safeguard your information from unauthorised access or improper use.

While we make every effort to ensure that your information is secure on our system, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk and your use of our Site demonstrates your assumption of this risk.

We have taken reasonable steps to ensure that the Site 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 Site. 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 Site.

7. Privacy

We respect our users’ personal privacy. You may use the Site without providing any personal information about yourself other than such personal information as you may specifically and knowingly provide (for example, to register or subscribe to our mailing list or to apply for certain Services).

We will collect, use and disclose personal information as described in our privacy policy, which is available [here]. You consent to the collections, uses and disclosures of your personal information for the purposes described in our privacy policy.

We may collect and maintain statistics relating to the number of visits to the Site (e.g. cookies), the types of browsers used to access the Site, the Internet Protocol addresses of computers accessing the Site, and similar non-identifiable information. Please visit our privacy policy for more information concerning our use of this information.

8. Proprietary Rights

This Site, its organization, design and presentation (including “look and feel”), and all information, documents, reports, agreements, schematics, floorplans, images, graphics, artwork, text, video, audio, pictures, photographs, and other material on the Site (collectively the “Content”) are protected by copyright and other proprietary rights, all of which we own or have the right to use.

You may download information from the Site for your personal, non-commercial viewing, but you may not otherwise copy, reproduce, republish, post, transmit, display, frame in another web page, perform, distribute, modify or create derivative works from the Content without our prior written approval.

You do not acquire ownership rights to any Content by accessing or using the Site, and our posting of Content on the Site is not a waiver of any right in or to that Content.

9. Trademarks

We own our name, logo, and all of our other trademarks and trade names appearing on the Site and any Products and Services. Unless otherwise indicated, all other trademarks appearing on the Site or on Products and Services are owned by third parties and are used under licence.

10. User Content

This Site may contain interactive functionality, such as applications, features, promotion, chat functionality, e-mail, comments, reviews, profiles, forums, bulletin boards and other such functions, allowing content you submit, post, publish, upload, display, transmit or otherwise share (collectively, “submit”) to or through the Site, to be viewed or used by us, our business partners or other users or persons. All of your content submitted to us will remain your content. By submitting it to us you waive any moral rights or other rights of authorship you may have to that content in favour of BPP and you grant us a non-exclusive, perpetual, irrevocable, transferable, sublicensable, royalty free, fully paid up and worldwide licence to use your content in our sole discretion for the purposes of operating, marketing, promoting and improving the Site, Products and Services or any other BPP products or services, without any further obligation of BPP Group to use or respond to, or to compensate you for the use of, your content. We have no obligation to review any of your content, either before or after it is posted or provided.

11. Feedback

By submitting any comments, ideas, reviews, suggestions or other feedback regarding the Site, Products, Services or any of BPP Group’s other products and/or services (collectively, “Feedback”), you agree that BPP will own all your Feedback and will assign all right, title and interest in and to your Feedback to BPP and waive any moral rights or other rights of authorship you may have to this Feedback in favour of BPP, without any further obligation of BPP Group to use or respond to, or to compensate you for the use of, your Feedback.

You represent, warrant and agree that you are exclusively responsible for determining the accuracy, suitability, harmfulness or legality of any of your content or Feedback submitted to us and that you have or own all necessary legal rights to submit that content or Feedback (including all rights to effect the above). We have no obligation to review any of your Feedback, either before or after it is posted or provided.

12. Based in Canada

BPP operates the Site from Canada, and makes no representation that the Site or the Content are appropriate or available for use in any particular jurisdiction. Those who access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

13. Linking

The Site may contain links to third party web sites, including advertising (the “Linked Sites”). The Linked Sites are not under our control and we do not assume any liability or responsibility for any linked Sites or their contents, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
We provide all Linked Sites for your convenience only; they are not an endorsement or referral by us. If you choose to access any Linked Sites or elect to have any business dealings with any party whose products or services may be advertised on our Site or the Linked Sites, you do so at your own risk.

14. Social Networks

If at any time the Site includes features that operate in conjunction with certain third party social networking websites that you visit (“Social Network Features”), your use of the Social Network Features is governed by these Terms, but your access and use of third party social networking websites and the services provided through these websites is governed by the terms and conditions and other agreements posted on these websites. You agree that you alone are responsible for your use of the Social Network Features and that we will not be liable to you or anyone else for your violation or breach of any terms and conditions or other agreement that may result from your use of the Social Network Features.

15. Site Modifications

We may add new features to the Site, remove existing features from the Site, or otherwise modify the Site and the Content (including their functionality, “look-and-feel”, universal resource locators and software components), all without notice to you.

16. Events Outside our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms or any other agreement with you that is caused by events outside our reasonable control.

17. Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on our Site is not accurate, complete or current. The material and information on our Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to, among other things, Product descriptions, pricing, promotions, availability, building design, floor plans, specifications, finishes, features and dimensions.

Any reliance on the material or information on our Site is at your own risk.

All information available on our Site is subject to change at any time and from time to time without notice, in our sole and absolute discretion. You are responsible for carefully reading all information provided on our Site before accessing, purchasing, applying for or using, as applicable, any of our Services or Products.

The Site may contain certain historical information that, necessarily, is not current and is provided for your reference only. We reserve the right to modify the Site’s contents at any time, but we have obligation to do so.

We will not be liable if, for any reason, all or any part of our Site or Services are changed, withdrawn, terminated, restricted to registered users, or unavailable at any time or for any period, or if any such restriction or unavailability impacts the use, functionality or value of the Website or any Services. Any new features, material, information, content, products, services or tools that are added to the Services will be subject to these Terms.

18. Disclaimer

EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, THIS SITE AND ITS CONTENT, THE SERVICES AND THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.

YOU ACCESS AND USE THE SITE AND OUR CONTENT AND SERVICES AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BPP GROUP DISCLAIMS ALL REPRESENTATION AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY (INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT). BPP GROUP DOES NOT REPRESENT OR WARRANT THAT FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE INFORMATION AND CONTENT CONTAINED ON THE SITE ARE PREPARED BY BPP GROUP AND ARE BELIEVED TO BE ACCURATE, BUT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. BPP GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT, SERVICES OR PRODUCTS IN TERMS OF COMPLETENESS, CORRECTNESS, ACCURACY, RELIABILITY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

YOU ACKNOWLEDGE THAT YOUR ACCESS TO AND USE OF THE SITE AND THE CONTENT WILL NOT BE FREE OF INTERRUPTIONS, THAT THE SITE AND THE CONTENT MAY CONTAIN BUGS, ERRORS, INACCURACIES OR OTHER LIMITATIONS, AND THAT THE SITE MAY BE UNAVAILABLE FROM TIME TO TIME. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR ACCESS TO AND USE OF THE SITE AND THE CONTENT.

APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE LIMITATIONS SET OUT ABOVE MAY NOT APPLY TO YOU.

19. Limitation of Liability and Release

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, BPP GROUP AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MANDATARIES, REPRESENTATIVES AND OTHER PERSONNEL WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR,

1. ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES; OR
2. LOST PROFITS, BUSINESS, REVENUE, OPPORTUNITIES OR CUSTOMERS; BUSINESS INTERRUPTIONS; LOSS OF OR DAMAGE TO DATA; COST OF REPLACEMENT PRODUCTS OR SERVICES; LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL,

ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF (OR YOUR INABILITY TO USE) THE SITE OR THE CONTENT OR ANY PRODUCT, INCLUDING YOUR USE OR RELIANCE ON ANY INFORMATION OR OTHER CONTENT CONTAINED ON THE SITE; ANY INACCURACY OR OMISSION IN ANY INFORMATION OR OTHER CONTENT CONTAINED ON THE SITE, OR YOUR USE OF OR RELIANCE ON ANY LINKED SITES OR SOCIAL NETWORK FEATURES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, YOU RELEASE BPP GROUP AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MANDATARIES AND REPRESENTATIVES FROM ALL CLAIMS, ACTIONS, LIABILITIES AND DAMAGES OF ANY KIND RELATING TO OR ARISING FROM YOUR ACCESS TO AND USE OF (OR YOUR INABILITY TO ACCESS AND USE) THE SITE OR THE CONTENT, SERVICES OR THE PRODUCTS.

IF, DESPITE THE LIMITATIONS SET OUT ABOVE, BPP GROUP BECOMES LIABLE TO YOU RESULTING FROM YOUR ACCESS TO AND USE OF (OR YOUR INABILITY TO ACCESS AND USE) THE SITE OR THE CONTENT OR PRODUCTS OR OTHERWISE UNDER THESE TERMS, THAT LIABILITY WILL BE LIMITED TO THE [GREATER OF: (A) CAD $100.00, OR (B) IF APPLICABLE, THE AMOUNT ACTUALLY RECEIVED BY US FROM YOU THROUGH THE DESIGN APPROVAL PROCESS IN THE PRECEDING 6 MONTHS PRIOR TO THE CLAIM].

APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO THE LIMITATIONS SET OUT ABOVE MAY NOT APPLY TO YOU.

Rules

Whenever you access, use or otherwise deal with the Site, in addition to these Terms you must comply with all: (a) applicable laws, including privacy laws; (b) acceptable-use policies and other policies that we implement with respect to the Site from time-to-time, as posted on or made available through the Site; and (c) other rules, policies and procedures we communicate to you from time to time.

20. Prohibited Activities

You will not use the Site for any purpose that is unlawful or prohibited by these Terms. In addition to, and without limiting, any other prohibitions set out in these Terms, you may not do any of the following when accessing or using the Site:

1. use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site;
2. use the Site in any manner that expose us or any other user to any harm or liability of any type;
3. harass, abuse, threaten, insult, harm, defame, slander, disparage, intimidate, or discriminate in any manner
4. reproduce, republish, post, distribute, transmit, display, frame in another web page, perform, distribute, modify, create derivative works from, or otherwise use or exploit any Content without our express prior written consent;
5. submit false, inaccurate, or misleading information;
6. impersonate others, including a BPP Group employee or representative, or other members or visitors to the Site, or falsely state or otherwise misrepresent you or your affiliation with any person;
7. upload to, distribute or otherwise publish any content that is defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law;
8. upload any commercial content or solicit others to join or become members of any other online service or other organization;
9. use the Site or any Content to infringe upon or violate, or promote the infringement or violation of, our intellectual property rights or the intellectual property or legal rights of others (including rights of publicity and privacy);
10. violate the terms of use of any third-party website or service that is linked to the Site;
11. circumvent or disable any access control technology, security device, procedure, protocol, or technological protection mechanism that may be included or established in or as part of the Site or any hardware or software used to provide the Site, or third party hardware, software or services;
12. remove, obscure, or change any copyright, trademark, or other proprietary rights notices from copies of any Content;
13. collect users’ or our content or information (including any Content) or otherwise access the Site using automated means (such as harvesting bots, robots, spiders, crawlers. or scrapers) without our permission for any purpose, including training or otherwise developing artificial intelligence systems; or
14. use the Site or any Content to build a competitive product or service, to copy any features, functions or graphics, or the design or layout of the Site, or to incorporate the Site or any part of the Site or nay Content into any other program or product.

You must not direct, permit, authorize, or allow anyone to engage in any of these prohibited activities.

Your access to and use of the Site and Services is at our sole and absolute discretion. Without limiting our other available rights or remedies, we may suspend, restrict, or terminate your use of the Site or any Services at any time without incurring any liability to you.

21. Indemnification

You agree to indemnify and hold harmless BPP Group and each of their respective its directors, officers, shareholders, employees, representatives and other personnel from and against all losses, expenses, damages and costs (including actual legal expenses as billed) resulting directly or indirectly from any violation of these Terms or any activity of yours related to the Site.

22. Other Agreements

If there is any conflict between these Terms and any other written and fully-signed agreement between you or your business and BPP, the latter agreement will prevail.

23. Our Products; Not an Offer for Sale

Nothing on this Site is an offering for sale. The materials (including any Product descriptions) provided on the Site are for illustrative purposes only and should not be relied upon by purchasers or prospective purchasers as accurately depicting or describing the development or the strata lots and homes, or the views of any properties, and purchasers and prospective purchasers should rely solely on the information contained in the disclosure statement applicable thereto and in purchasers’ contracts of purchase and sale for the applicable strata lots in the development. BDD reserves the right in its sole discretion, without notice or compensation to purchasers and without limitation, to make modifications or changes to the Products or Product pricing, including (without limitation) building design, floor plans, specifications, finishes, features and dimensions. All measurements are approximate and are subject to change without notice. Actual final dimensions of construction may vary from those set out herein and if important to the purchaser should be verified by the purchaser.

24. Design Approval Process

In its capacity as Approving Authority, BPP administers the design approval process in all British Properties Neighbourhoods in West Vancouver, British Columbia (the “Design Approval Process”). BPP provides certain guidance and instructions to the Design Approval Process [HERE] (the “Guidance”) and all applications and other requests concerning the Design Approval Process must be submitted to BPP in accordance with the Guidance. We reserve the right, in our sole and absolute discretion, to refuse any application you place with us that does not strictly comply with the Guidance. IF YOU APPLY FOR THE DESIGN APPROVAL PROCESS, IT IS YOUR SOLE RESPONSIBILITY TO REVIEW AND COMPLY WITH THE GUIDANCE.

If you submit an application through the Design Approval Process, we may (but are not obligated to) email you to acknowledge that we have received your application; however, this application acknowledgement does not mean that your application has been accepted by us. Your application may only be accepted by us once we have received, to BPP’s reasonable satisfaction, all requisite application fees, forms, agreements and other materials specified in the Guidance or by BPP from time to time in its sole discretion. We may suspend or terminate your Design Approval Process if your offered payment method (e.g., cheque) cannot be processed or if any information in your package is inaccurate or incomplete. We reserve the right to request additional information from you to verify your payment. We may add or remove acceptable forms of payment at our sole and absolute discretion and without notice to you.

Any decisions of BPP, as the approving authority, with respect to a development application and the approval of plans or otherwise through the Design Approval Process will be final and binding. BPP will not be liable to any owner or other person and no action will lie against BPP by any such owner or other person for decisions made by BPP in good faith as approving authority.

25. Choice of Law Jurisdiction

Except where prohibited by law, these Terms, your access to and use of the Site and the Content, your application for any Services or purchase/use of any Products, and any claims made against BPP Group or any of their respective directors, officers, employees, representatives or other personnel, arising out of such access or use or otherwise, will be governed by and construed and interpreted in accordance with British Columbia laws (including federal laws applicable in British Columbia), without reference to British Columbia’s conflict of law rules.

Except where prohibited by law, you agree that exclusive jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the Site will be in the British Columbia courts sitting in Vancouver, British Columbia.

The UN Convention on Contracts for the International Sale of Goods will not apply to these Terms or any Products or Services applied for, used or purchased, as applicable, through the Site.

26. General

If any part of these Terms is unlawful, void or unenforceable, then that part is severable and will not affect the validity and enforceability of the remaining Terms. No delay or failure to act by BPP Group will impair any of BPP Group’s rights or remedies that are not expressly waived in writing. BPP Group will not be liable for any delay or damage caused as a result of any event beyond its reasonable control.

27. Language

The parties have expressly agreed that this agreement and also ancillary agreements, documents or notices related thereto be drafted solely only in English. Les parties aux présentes ont expressément convenus que cet accord et tout autre convention, documents soit rédigé en anglais seulement.

28. Contact Information

For any further information, please contact us at:
info@britishproperties.com

The Site and these Terms provide you with ways to contact us. This is the only way to contact us. Third parties may advertise or publish alternative ways to contact us or use other measures to pose as us, which we cannot be verified and should not be trusted.