Terms & Conditions and Release of Liability & Waiver of Claims
A. RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISKS
By approving this document you will waive certain legal rights, including the right to sue or claim compensation.
Please read carefully!
In consideration of SOUTHGATE CENTRE LP, BY ITS MANAGER IVANHOE CAMBRIDGE INC., (the “Company”) permitting the registrant named herein (”I” or “me”) to participate in various fitness classes and to use associated equipment arranged by the Company (the “Activities”), and for other good and valuable consideration, I agree to all the terms and conditions set forth in this release of liability, waiver of claims and assumption of risks (this “Agreement”):
- I AM AT LEAST EIGHTEEN (18) YEARS OLD AND AWARE AND UNDERSTAND THAT THE ACTIVITIES INVOLVE MANY RISKS, DANGERS AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS INJURY, DEATH OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS AND HAZARDS INVOLVED AND THE POSSIBILITY OF INJURY, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.
- I affirm that it is my responsibility to advise every instructor instructing the Activities of any physical conditions, which may limit my participation in the Activities.
- I represent and warrant that I have no psychological, medical, or emotional condition which would prevent me from safe participation in the Activities.
- I hereby expressly waive and release any and all claims which I have or may in the future have against the Company, its affiliates, and their respective directors, officers, employees, agents, representatives, shareholders, successors and assigns (collectively, “Releasees”), on account of injury, death or property damage arising out of or attributable to my participation in the Activities, due to any cause whatsoever, including without limitation the negligence of the Company or any other Releasee, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.
- During my participation in the Activities, I agree to observe and comply with any and all policies, procedures, rules, regulations, and special instructions given by or on behalf of the Company and the Releasees concerning the Activities. I acknowledge that the Releasees reserve the right to stop the Activities at any time and may require me to vacate from the area in which the Activities are being hosted if the Company and the Releasees determine in their sole discretion that the my activities are not being conducted in a safe manner, or other instructions given by the Company and the Releasees are not being followed by me.
- I shall defend, indemnify and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable legal fees, in connection with any third-party claim, suit, action or proceeding arising out of or resulting from the Activities.
- This Agreement constitutes the entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is held to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall enure to the benefit of me and my heirs and next-of-kin, and the Company and its successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Province in which the Activities are hosted (the “Applicable Province”) and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of the Applicable Province, and I hereby consent to the exclusive jurisdiction of such courts.
- I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE THE COMPANY AND THE RELEASEES.
The Ivanhoé Cambridge Inc. ("Ivanhoé Cambridge") Website (“Website") and the mobile application (“mobile app”) are offered to you subject to your acceptance of the Terms and Conditions contained herein.
YOUR USE OF THE WEBSITE AND MOBILE APP CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHALL DISCONTINUE YOUR USE OF THE WEBSITE AND THE MOBILE APP.
Ownership of Website and mobile app
All right, title and interest in the Website is owned by or licensed by Ivanhoe Cambridge. The materials provided on the Website and the mobile app including, without limitation, all content, site design, text, graphics are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of the materials is strictly prohibited.
Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Website and the mobile app are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, or sell any information or services obtained from the Website and the mobile app without the express written consent of Ivanhoe Cambridge, which consent shall be at Ivanhoe Cambridge's sole discretion.
Ivanhoe Cambridge reserves the right to amend these terms and conditions at any time by posting the amended terms on the Website and the mobile app, which posting shall constitute notice to you. Your continued use of the Website and/or the mobile app following such notice will constitute your: (a) acknowledgement of the modified Terms and Conditions; and (b) agreement to abide and be bound by the modified Terms and Conditions.
All amended terms and conditions will immediately become in force at the time of their posting.
YOUR USE OF THE WEBSITE AND THE MOBILE APP AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE OR THE MOBILE APP IS AT YOUR OWN RISK AND THE COMPANY IS NOT RESPONSIBLE FOR ANY LOSS OF ANY DATA OR OTHER DAMAGE THAT MAY ARISE FROM THE USE OF THE WEBSITE AND THE MOBILE APP.
THE WEBSITE AND THE MOBILE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
IVANHOE CAMBRIDGE, ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THAT THE WEBSITE AND THE MOBILE APP WILL BE UNINTERRUPTED, SECURE, ERROR FREE, ACCURATE, COMPLETE OR CURRENT. NOR DOES IVANHOE CAMBRIDGE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND THE MOBILE APP OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED, THROUGH THE WEBSITE OR THE MOBILE APP.
ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE MOBILE APP IS DONE AT YOUR OWN DISCRETION AND RISK. IVANHOE CAMBRIDGE DOES NOT WARRANT OR GUARANTEE THAT SUCH MATERIALS AND/OR DATA ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE THAT MAY DAMAGE OR INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM UPLOADING AND/OR DOWNLOADING SUCH MATERIAL AND/OR DATA.
You hereby acknowledge and agree that: (a) Ivanhoe Cambridge does not screen the employment listings posted on the Website and the mobile app; (b) Ivanhoe Cambridge does not guarantee the nature of the positions listed on the Website and the mobile app or the truth or accuracy of the description of such positions; (c) your application via the Website or the mobile app does not create an employer-employee relationship with Ivanhoe Cambridge; and (d) Ivanhoe Cambridge shall not be liable for any employment decisions that you make as a result of your reliance on any information posted on the Website and the mobile app.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IVANHOE CAMBRIDGE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFIT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE OR THE MOBILE APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IVANHOE CAMBRIDGE HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR THE MOBILE APP, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND THE MOBILE APP.
Unlawful or Prohibited Use
As a condition of your use of the Website and the mobile app, you warrant to Ivanhoe Cambridge that you will not use the Website or the mobile app for any purpose that is unlawful or prohibited by these Terms or Conditions.
You agree not to upload or otherwise transmit through the Website or the mobile app any unlawful, harassing, false, misleading, libelous, abusive, profane, threatening, harmful, vulgar, obscene, sexually explicit, pornographic or otherwise objectionable material of any kind or nature. You further agree not to gain or attempt to gain unauthorized access to other computer systems via the Website or the mobile app.
You agree not to upload or otherwise transmit to or through the Website or the mobile app any material that: (i) infringes on any rights of third parties; and/or (ii) contains any virus or other harmful code that may change or disrupt the Website or the mobile app or any other user's equipment or software.
Links to Other Sites
The Website or the mobile app may contain links to other websites ("Linked Sites") operated by parties other than Ivanhoe Cambridge. Such Linked Sites are not under the control of Ivanhoe Cambridge and Ivanhoe Cambridge is not responsible for the contents of any Linked Site. Ivanhoe Cambridge is providing you with a link to the Linked Sites as a convenience and the inclusion of any such link does not imply endorsement by Ivanhoe Cambridge of the Linked Site or any association with its operators.
You agree to indemnify and hold Ivanhoe Cambridge, its subsidiaries, affiliates, directors, officers and employees, harmless from all claims, liabilities, damages, losses, including reasonable legal fees and expenses, due to or arising out of your use of the Website or mobile app or your breach of these Terms of Conditions.
Either you or Ivanhoe Cambridge may terminate this relationship with or without cause at any time.
You agree that Ivanhoe Cambridge may, in its sole discretion, terminate or suspend your access to all or part of the Website or the mobile app for any reason, including, without limitation, breach of the Terms and Conditions. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating this relationship and such activity may be referred to appropriate law enforcement authorities.
Should you object to the Terms and Conditions or any subsequent modifications thereto or become dissatisfied with the Website or the mobile app in any way, your only recourse is to immediately discontinue your use of the Website and the mobile app.
Ivanhoe Cambridge shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension.
Applicable Law and Governing Law
You agree to comply with all applicable laws and regulations. These Terms and Conditions and all related transactions shall be governed by the laws of the Province in which the shopping centre to which the Website and the mobile app refers is located and the applicable laws of Canada. The parties hereby agree to the non-exclusive jurisdiction of the courts of the Province in which the shopping centre to which the Website and the mobile app refers is located.
In case any of the provisions of these Terms and Conditions shall for any reason be held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and these Terms and Conditions shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
The section headings used herein are for convenience of reference only and do not form part of these Terms and Conditions.
Benefit of the Agreement
These Terms and Conditions are binding upon and shall ensure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer your rights or obligations hereunder without Ivanhoe Cambridge's prior written consent, which consent shall be at Ivanhoe Cambridge's sole discretion.
Contacting Ivanhoe Cambridge
If you have any questions about these Terms and Conditions in respect of this Website or the mobile app, please direct your inquiry to the Communications and Public Affairs Service of the Society, Ivanhoe Cambridge, Centre CDP Capital, 1001, square Victoria, Suite C-500, Montreal (QC) H2Z 2B5 Canada or contact us at [email protected] or at (514) 841‑7600.
 Ivanhoé Cambridge means all real estate subsidiaries owned directly or indirectly by la Caisse de dépôt et placement du Québec and grouped and operating under the Ivanhoé Cambridge banner.