Terms & conditions 

1. INTRODUCTION

These terms and conditions of using govern your use of our website; by using our website, you agree to these terms and conditions in full. If you disagree with these terms and conditions of using this site or any part of these terms, you must not use our website.     You must be at least 18 years of age to use our website. By using our website and by agreeing to these terms and conditions of use, you warrant and represent that you are at least 18 years of age.  Your login username and password may only be used by one person – a single login shared by multiple people is not permitted. That being said, you may create separate logins for an unlimited amount of different people.  Our website uses cookies. By using our website and agreeing to these terms and conditions of use, you consent to our use of cookies in accordance with the terms of our privacy policy policy.

 

2.  LICENSE TO USE WEBSITE: PROPRIETARY RIGHTS AND INFORMATION DOWNLOADS FROM OUR SITE

The text, files, images, photos, maps as well as all other materials on this site (collectively known as “content”) are solely for the personal use of users and members. Copying and/or storing of any content for anything other than for your personal, non-commercial use is expressly prohibited without the prior written consent from us or the applicable copyright holder.

Unless otherwise stated, lxr.villas and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.  

You must not:

  • republish material from this website (including republication on another website);

  • sell, rent or sub-license material from the website;

  • show any material from the website in public;

  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

  • edit or otherwise modify any material on the website; or

  • redistribute material from this website

 

3.  CHANGES TO WWW.LXR.VILLAS

Throughout the lifespan of our site, there is a chance that we may change, suspend or discontinue any aspect of the site at any time, including the availability of any site features, or content. We may also impose limits on certain features or services or restrict your access to parts or all of the site and reserve the right to do so without any notice or liability.

 

4.  ACCEPTABLE USE OF WWW.LXR.VILLAS

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.     You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.     You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.     You must not use our website to transmit or send unsolicited commercial communications.     You must not use our website for any purposes related to marketing without our express written consent

 

5.  USER CONTENT ON WWW.LXR.VILLAS

In these terms of use, "your content" means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.     By submitting any such content, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights.     By submitting your content, you also warrant and represent that your content will comply with these terms of use.     Your content must not be illegal or unlawful, must not infringe any third party's legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).     You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.     We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.     Notwithstanding our rights under these terms of use in relation to your content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

 

6.  RESTRICTED ACCESS OF CERTAIN SECTIONS OF WWW.LXR.VILLAS

Access to certain areas of our website can be restricted. We reserve the right to restrict access to any of the areas of our website, or indeed our whole website, at our sole discretion.     If we provide you with or you decide to generate a user ID and password for yourself in order to enable you to access restricted areas of our website or other content or services, you must ensure that the password is kept confidential. You must notify us in writing immediately if you become aware of any unauthorized use of your account or password. You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.     We may disable your user ID and password at any time in our sole discretion with or without notice or explanation.

 

7.  YOUR E-MAIL ADDRESS AND OUR USE OF IT        

Your use of the lxr.villas website signifies your acknowledgement of and agreement with our Privacy Policy. As a result, when you sign up for our newsletter or send us an inquiry during your use of our site, you agree to allow lxr.villas to add your e-mail address to our database of users. Knowing this, there is a chance that you may receive one or more promotional e-mails from us. You are welcome to opt out of receiving such promotional e-mails from us at any time by emailing us at privacy@lxr.villas. 

 

8.  TRANSMITTING DATA

Through the use of our site, each user acknowledges and agrees that, no matter where a user’s physical location may be, we may store any data transmitted to us from such users at locations both within and outside of Canada.

 

9.   VERIFICATION OF IDENTITY

The verification of users over the Internet is difficult and we cannot and do not confirm each user's supposed identity. If you give someone your online ID and online password, you are authorizing that person to access and use your account, and you are responsible for any and all transactions that person performs while using your account, even those transactions that are fraudulent or that you did not intend or want performed. In the event that you believe your online ID and Password have been acquired by any unauthorized party, notify us immediately by emailing us at privacy@lxr.villas in order to select a new online ID and password.       Each user acknowledges and agrees that lxr.villas will not have any liability to any user for any unauthorized transaction made using any user’s password that occurs before our notification of such a possibility.

 

10. NO WARRANTIES

This website is provided “as is” without any representations or warranties, express or implied.  lxr.villas makes no representations or warranties in relation to this website or the information and materials provided on this website.  

Without prejudice to the generality of the foregoing paragraph, lxr.villas does not warrant that:

  • this website will be constantly available, or available at all; or

  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any (legal, financial or medical) matter you should consult an appropriate professional.

 

11.  LIMITATION OF LIABILITY      

I In no event will our site, www.lxr.villas, our parent (lxr.villas), or any of our affiliates or their employees be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;

  • for any indirect, special or consequential loss; or

  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if you have been expressly advised of the potential loss.

In no event will our site, www.lxr.villas, our parent (lxr.villas), or any of our affiliates or their employees be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from our site or these terms. If you are displeased with our site, or any information on it, or you do not agree with any part of this agreement, or if you have any other dispute or claim against us, another user, our site, or with respect to these Terms and Conditions, then your sole solution against us is to stop using our site.

 

12. OTHER PARTIES

You accept that, as a limited liability entity, lxr.villas has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against lxr.villas’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect lxr.villas’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as lxr.villas. 

 

13.  DISCLAIMER

Our site, including all of its content, software, functions, materials and information made available on our site, is provided “as is.”  To the fullest extent permissible by law, we make no commitments of any kind for the content on the site or the materials, information and functions made accessible by the software used on our site. Nor do we make any promise for any products or services, hypertext links to third parties, or for any breach of security associated with the transmission of sensitive information through the site or any linked site. We expressly wave any implied or expressed warranties, including but without limitation to non-infringement, merchantability, and capability for particular purpose or accuracy. We do not guarantee that all of the functions within our site or that any materials or content contained in our site will go uninterrupted or free of errors or glitches. Furthermore, we do not warrant that any errors or glitches present on our site will be corrected, or that the site or any of the servers that may be hosting the site is free of any viruses or any other things that may be harmful to the usage of the site or the possible server. By using www.lxr.villas, you acknowledge that any transmission of information to and from the site is not confidential. Consequently, your communications may be acquired by others. You acknowledge that by submitting information to us and by posting information on the site, no confidential or contractual relationship is created between you and us other than compliant with these terms and conditions.

 

14.  RELEASE

 In the case that you have any sort of dispute with any of this site’s users (including any dispute regarding any transaction), you agree to release, relinquish and discharge lxr.villas. and all of its employees, and any other person related to the site, from any rights, claims, complaints, demands, liabilities, obligations, legal fees, costs and disbursements of any nature whatsoever, whether known or unknown, that may arise in relation to such dispute and/or your use of this website.

 

15.  INDEMNITY

By using www.lxr.villas, you hereby agree to indemnify, defend and hold the site and any of its employees (the “indemnified parties”) harmless from and against any and all liabilities and costs incurred by the indemnified parties in connection with any claim arising from your use of this site, including although not limited to, any dispute between users regarding any transactions, any breach of these terms, any guarantees and/or covenants made by you, including attorney’s fees and costs. You shall cooperate reasonably in the defense of any claim. We reserve the right to take on the defense and control of anything that may be subject to indemnification by you.

You also hereby indemnify lxr.villas, the site and any of its employees and/or affiliates (the “indemnified parties”) and undertake to keep lxr.villas indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by lxr.villas to a third party in settlement of a claim or dispute on the advice of lxr.villas’s legal advisers) incurred or suffered by lxr.villas arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

 

16.  GOVERNANCE

These terms and conditions will be governed by and construed in accordance with Ontario Canada, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Ontario Canada. You also agree that any dispute between you and lxr.villas will be governed by the laws of the Province of Ontario.

 

17. BREACHES OF THESE TERMS & CONDITIONS

Without prejudice to lxr.villas other rights under these terms and conditions, if you breach these terms and conditions in any way, lxr.villas may take such action as lxr.villas deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

18. VARIATION

lxr.villas may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

 

19. ASSIGNMENT

lxr.villas may transfer, sub-contract or otherwise deal with lxr.villas's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.  

 

20.  SEVERABILITY

 If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

21.  EXCLUSION OF THIRD PARTY RIGHTS

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party

 

22. ENTIRE AGREEMENT

These terms and conditions constitute the entire agreement between you and lxr.villas in relation to your use of this website, and supersede all previous agreements in respect of your use of this website