Last update: August 4, 2016
The website Kangalou.com (the “Website”) is operated by the Quebec Landlords Corporation (Corporation des propriétaires immobiliers du Québec Inc.) (“CORPIQ,” “Kangalou” or “we”). The Website offers its users (the “User” or “you”) an online platform that, in particular, allows rental property owners to connect with tenants interested in the housing available and that provides rental property management features (the “Services.”)
This Agreement is governed by and shall be interpreted in accordance with applicable laws in the province of Quebec, without regard to conflict of law principles.
“Kangalou” refers at once to the entity operating the Website, to the application, to the offered Service, or to a combination in whole or in part of the preceding definitions;
“Content” means all the text-based information and visual elements (photos, videos, logos) used on Kangalou;
“Owner” refers to the person using the Services of Kangalou in their capacity as owner or person duly authorized by a building owner (such a delegate or manager);
“Tenant” refers to a person using Kangalou to find housing to rent;
To register and use the Services, you must do the following:
- provide information that is at all times accurate, current and complete;
- be at least 18 years of age, or, if you are a minor, be seeking housing in order to meet your everyday needs;
- not use the Service on behalf of an individual other than yourself, unless authorized to do so in writing by the Owner (if the Owner has appointed you a proxy);
- to the extent that you are acting for a partnership or a corporation, declare and warrant that you are duly authorized to enter into this Agreement;
- not use anyone else’s account and password or attempt to access another person’s account;
- provide the personal, payment and other information deemed necessary by Kangalou for the provision of the Services.
You are authorized to use the Services only in the manner and under the conditions described herein, and in compliance with applicable laws. Any use for publication, rebroadcast, resale or other exploitation of the content is prohibited.
You will be solely responsible for any loss, damages and additional costs incurred by you, Kangalou or any other party as a result of you providing false, inaccurate or incomplete information or of you failing to update your User account and payment information.
The User agrees to indemnify Kangalou against any amount it could be required to pay in damages or interest as a result of an action or omission that would be attributable to the User.
User account and identifiers
Some of the features available on the Website require that Users register. Where this is the case, you agree to provide true, complete and up-to-date personal information, and to update that information promptly when necessary to ensure that it remains accurate and complete. You thus acknowledge that you are also responsible for the following:
- keeping confidential the passwords you select or that are assigned to you after registering;
- all activity done under your User name or with your password;
- leaving the site securely and logging out of your account at the end of each session;
- immediately changing your password if its confidentiality is compromised;
- immediately advising Kangalou of any unauthorized use of your User name or password.
The User account remains the property of Kangalou and may be cancelled or suspended at any time and without notice in the event of default or risk to the integrity of the Website, and without incurring any liability for Kangalou toward you or any other person.
When you create a User account, you confirm that the email address you provide and your User account are active addresses at which you agree to receive all documents intended for you and sent to you through the Services, and you confirm that sending a document to that address or to your User account will result in a presumption of its receipt by you.
Terms of the Services
Kangalou may modify or develop the Services and the Website without notice.
Kangalou aims to provide optimal access and the highest possible availability of Services. However, Kangalou can guarantee neither uninterrupted access to the Services and the Website nor the availability of public networks, and it reserves the right to interrupt provision of the Services and access to them and to the Website, particularly in the following cases:
- for the purposes of maintaining the Services, including updates;
- to improve and install new features;
- to verify and audit the functioning and use of the Services;
- in the event of failure or risk of failure.
Kangalou reserves the right to set a maximum amount of disk space and maximum amount of content that you can store on its servers.
Kangalou makes backup copies of the documents and data entered, transmitted and hosted as part of the use of the Services, but it cannot guarantee that there will be no loss of data or documents during transfer or on its servers, and cannot be held responsible in any way whatsoever for any loss arising from such loss. Therefore, it is your responsibility to keep valid copies of any data or documents entered, transmitted or created in connection with the use of the Services.
Use of the Services
You agree to NOT do any of the following when using the Services:
- use the communication services in connection with surveys, contests, pyramid schemes, chain letters, junk mail, spam, email worms and unsolicited messages (commercial or otherwise);
- defame, abuse, harass, stalk or threaten others, or otherwise violate their legal rights (such as the right to privacy and right of publicity);
- publish, post, upload to the server, distribute or disseminate any subjects, names, material or information that are inappropriate, hateful, profane, defamatory, obscene, indecent or unlawful;
- upload to the server or otherwise make available files containing images, photos, software or other material protected by intellectual property laws, including, for example and without limitation, laws on copyright and trademarks (or protected by the right to privacy or the right of publicity);
- use the material and information, including images and photographs, made available through the Services, in any way that infringes on any copyright, trademark, patent, trade secret or other property right of another party;
- upload to the server any files containing viruses, Trojan horses, worms, logic bombs, message cancellation robots, corrupted files, or other similar software or programs that may damage the operation of a third party’s computer or property;
- advertise, or offer to sell or purchase, goods or services for commercial purposes, unless the communication services specifically allow such messages;
- violate any code of conduct or other guidelines applicable to a specific communication service;
- gather or otherwise collect information about others, including email addresses;
- violate applicable laws or regulations;
- create a false identity for the purpose of misleading others;
- use, download or otherwise copy, or provide (free or for a fee) to any person or entity any directory of Users of the Services or any other information relating to Users or usage, or any portion of such information.
Kangalou does not control or endorse the content, messages or information found on any Kangalou Service; consequently, Kangalou expressly disclaims any liability with respect to the Services and to actions resulting from your participation in any Service. The Website only validates the Owner’s email address; it makes no judgment on the Owner’s person, the quality of his/her housing or his/her individual characteristics.
Communication between Users
The Kangalou Website is a service through which property owners and tenants can communicate with each other. Kangalou disclaims any responsibility relative to the content of those communications. Kangalou is not a party to any contracts that may arise between Users of the Website. Kangalou is thus in no way liable for any losses or claims related to such contracts or for any other damages that may result from the use of the Website or from the actions of the other Users of the Service.
Under no circumstances may users use Kangalou messaging to advertise, sell or otherwise solicit for goods or services other than provided by the Kangalou Service.
The Website offers features that allow you to post and submit text, photos and other content viewable by other site Users, the purpose of which includes advertising available housing rentals. Posting your content on the Website implies the following:
- You grant Kangalou an unlimited, irrevocable, non-exclusive, perpetual and royalty-free worldwide license to use, reproduce, store, adapt, translate, modify, transmit and distribute your content for the purposes of providing the Services or any other service you may require, be it directly or through Kangalou’s subsidiaries or partners.
- You agree to waive all moral rights with respect to your content.
- You consent to have your name, rental housing address and your contact information be associated to your content, where applicable, and you agree to the disclosure and/or display of this information.
- You acknowledge that Kangalou cannot be held liable for any loss, damage or corruption of your content.
- You agree that the presentations entered for display on the Website will be considered non-confidential.
- You acknowledge that if you delete a listing with a package and/or option, you also terminate the package and/or option(s) that are linked to that listing. No refund for the remaining duration of the listing will be made.
In addition, you guarantee to Kangalou the following:
- That your content is original and does not violate any intellectual property right, including in particular a third party’s copyright;
- That you are the sole owner of all intellectual property rights, including copyright in particular, for your content, and that, where applicable, you have obtained written permission from the owner to submit your content;
- That your content does not contain any defamatory utterance nor any obscenity and that it does not violate the rights of any third parties to privacy and/or the image;
- Your listing does not contain any internet links or phone numbers other than in the fields provided for this purpose;
- Your listing will not be able to offer any services or products other than the advertised listng.
In no event will Kangalou be held liable for any dispute resulting from the use and/or publication of your content. Any ad deemed inappropriate may be withdrawn without notice or compensation.
Use of Kangalou signage
It is possible for you to purchase or receive a Kangalou placard or poster. Any reproduction thereof is strictly prohibited without written consent from Kangalou. Also, you agree to retain all printed elements and to use the signage only for rental purposes. Any other use is strictly prohibited.
Some Services are offered to the User free of charge, while other Services have fees. The User undertakes to become aware of the pricing and to pay the fees, when applicable, in accordance with the conditions set out on the Website, including in the event of a malfunction of the Website when the service was rendered.
Mobile phone charges
Your mobile phone service provider may charge fees for data, text messages or other communications made on its network in connection with using the Kangalou Services, and Kangalou will not be held liable for such charges. Kangalou advises its Users to contact their mobile service provider to determine the exact costs involved in their use of the Kangalou service.
You agree not to copy, distribute, display, publish or reproduce any information contained on the Website, without prior written authorization from Kangalou. All articles, text, illustrations, images, photographs, information, clips, software and code available on the Website, including the manner in which the content is presented, are protected by Canadian and foreign law, particularly regarding copyright, and belong to Kangalou and CORPIQ.
“Kangalou” is a trademark used by the Corporation des propriétaires immobiliers du Québec to identify the Website, the service and business related thereto. You agree not to use the trademark without prior written consent from Kangalou.
Liability waiver and disclaimer
Kangalou, its suppliers and partners, as well as their respective directors, officers, employees and consultants shall in no way be liable for any damage arising in any way from access to or use of the Website.
Kangalou does not guarantee the accuracy or compliance of the content published on the Website, and you acknowledge having been advised that the content submitted by the Users of the Website is published as is, without prior verification.
Kangalou is not responsible for any failure to provide the Services, including any failure, disturbance, interruption or delay, be it planned or not, intentional or not, of the Website that could limit access to or use of the Website, be it temporarily or permanently.
You acknowledge that Kangalou is not responsible for events beyond its control, including acts of God, war, insurrection, riot, terrorism, crime, labour shortages (including legal and illegal strikes), embargoes, communication disruptions, unavailability of payment processors, failure or lack of infrastructure, or any other event beyond the control of Kangalou.
Kangalou reserves the right to terminate this Agreement and/or to revoke your right to use the Website or any part thereof, and any other authorization granted to you under this Agreement at any time, without justification or prior notice, and at its sole discretion. You agree that, at the request of Kangalou, you will take immediate action to stop all use of Kangalou and to retrieve your content within a maximum period of thirty (30) days of the cancellation.
You may not assign your rights and/or obligations under this Agreement to another party without prior written consent from Kangalou. Kangalou may assign its rights and/or obligations under this Agreement to any other party at its discretion.
Collection and use of your information
At the time of registration, personal information is collected for identification purposes, including your name, postal address, geolocation data and any other information deemed relevant for the provision of the Services. This information, which is confidential in nature, will be used only for the purposes of providing the Services and will not be disclosed except in accordance with this Agreement.
When you visit the Website, Kangalou obtains non-identifying information, such as the IP address, referring URL, browser, operating system, cookie information and Internet service provider. This information helps Kangalou analyze your browsing habits for the purposes of improving the Website. This information can be combined into collective data and be shared, but will not disclose your identity or your personal information, and will not allow recipients to contact you. It is also possible to disable cookies by changing your browser settings.
Real-estate asset information
All information given on the Website regarding your real-estate assets will in no case be disclosed to any third parties. It will be used only in order to provide you with the Services.
Kangalou uses this information for the following purposes:
- to provide the Services;
- to improve the experience of Kangalou Users;
- to compile statistics;
- to effectively handle the Website’s operations and transactions;
- to put you in touch with other Users with regard to housing rentals or to respond to inquiries;
- to notify you of updates, information and changes relating to Kangalou, including the e newsletter and notifications of changes to this Agreement;
- to perform any other actions necessary to protect the security or maintain the proper operation of the Website;
- to inform you about the operation of, or the Services offered by, Kangalou or CORPIQ, in accordance with the express or implied consent you have given.
Kangalou retains your information for the amount of time reasonably required for the purposes of providing the Services, or as required by law.