Terms of Use

Effective August 30, 2022

Overview 

Please read these terms and conditions ("Terms") which constitute a legal agreement between you and Colonia Treuhand Limited and its affiliates ("CT", "we", "us", "our"). These Terms govern your use of our website: coloniatreuhand.com, including our investor and tenant portals (collectively, the "Website") and your access to and use of any content and functionality, including our payment application. 

By accessing or using the Website, you agree to be bound by these Terms as well as our Privacy Policy found at coloniatreuhand.com/privacy-policy. If you do not accept and agree to these Terms, do not use the Website.

Separate agreements ("Additional Conditions"), such as any additional terms and conditions of use for accessing our online portals, may govern your relationship with us and concern specific products and/or services made available to you by us through the Website or otherwise. If there is any conflict or inconsistency between these Terms and the Additional Conditions, then the Additional Conditions shall take priority and govern the specific product or service to which they apply and these Terms shall apply with respect to any other matter. 

Modifications to the Terms and Website 

We reserve the right in our sole discretion to revise and update these Terms. We recommend that you check the Website periodically to review our current Terms. You can tell if these Terms have changed by checking the effective date at the top of these Terms. Depending on the circumstances, we may send you a notice electronically that the Terms have changed. If you continue to use the Website after these Terms have changed, you will be deemed to have accepted such changes. 

The information, material and services provided through the Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We do not guarantee access to the Website nor any of its features and may cease offering access to the Website at any time. We will not be liable if, for any reason, all or any part of the Website is restricted to you or unavailable at any time or for any period.

Your Use of the Website, Account Set-Up, and Security

Certain areas of the Website may require user registration. If you create an account or access any feature of the Website that requires user registration, you must ensure that all the information you provide is correct and complete. Unfortunately, the transmission of information via the Internet is not completely secure. Although we try to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk.  

You must treat any username, password, or any other piece of information chosen or provided by you as part of our security procedures as confidential. You understand and agree that should you be provided an account, such account is for your own use. You agree you will not provide such information to any other person or entity or otherwise permit them to access the Website or portions of it using your username or password. You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security. 

You are responsible for any account misuse or unauthorized access of your account. We shall have no liability for any loss or damage which arises or may arise from information you provide us, including loss or damage arising from account misuse or unauthorized access, loss or theft of any information, errors or omissions in any information, or an inability to access the Website. You must exercise caution when accessing your account from a public or shared computer to ensure others are not able to view or record your account details or other personal information. 

You are prohibited from attempting to circumvent and violate the security of the Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting our ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper functioning of the Website.

User Accounts 

Children are not permitted to create an account on the Website. We are not responsible for any loss, damage, liability, or other consequences that may result from a minor's unauthorized use of the Website. You agree that you are responsible for all activity associated with your account, including but not limited to payments made through your account. You hereby agree to indemnify us for any loss or damage which may result from unauthorized access to your account caused by you. 

Communications with You

If you provide us with your contact information, we may occasionally communicate with you by electronic means, such as through e-mail or SMS messaging, to provide you with information we believe is relevant to you. You are permitted to unsubscribe from any of our electronic messaging lists at any time. 

Intellectual Property Rights and Ownership 

You understand and agree that the materials we provide to you and the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, data, photographs, video, audio, design, presentation, selection, and arrangement, as well as other technologies used to operate the Website, are owned by us, our licensors, or other providers of such material and are protected in all forms by intellectual property laws. Our corporate and trade names, business names, trademarks, signs, designs, images, logos and slogans ("Intellectual Property") are owned by us. You must not use, display or use any of our Intellectual Property without our prior written consent. 

You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display or perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except: (a) your computer and browser may temporarily store or cache copies of materials being accessed and viewed; (b) a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and (c) in the event third party platforms are linked to certain content on our Website, you may take such actions as our Website and such third-party platforms permit. 

If you print off, copy, or download any part of our Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by us. 

Conditions of Use and Content Standards

As a condition of your access and use of the Website, you agree that you may use the Website only for lawful purposes and in accordance with these Terms. Without limiting the foregoing, you warrant and agree that your use of the Website shall not:

1. violate any applicable federal, provincial, local, or international law or regulation or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise conflict with these Terms and our Privacy Policy; 
2. violate the terms of use of any third-party website linked to the Website; 
3. include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in our sole discretion; 
4. involve, provide, or contribute any false, inaccurate, or misleading information; 
5. impersonate or attempt to impersonate us, our employees, another user, or any other person or entity; 
6. encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which may harm us or users of the Website or expose them to liability;
7. promote, advocate, or assist in any illegal activity or unlawful act;
8. give the impression that you are endorsed by us, if this is not the case; 
9. engage in any data mining, data harvesting, data extracting, or any other similar activity in relation to the Website; or
10. use the Website to engage in any advertising or marketing, unless authorized by us. 

You further agree that you will not sell, sublicense, and/or otherwise commercialize any material from the Website. 

YOU HEREBY WAIVE AGAINST US AND OUR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS AND CLIENTS, ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY US RELATING TO ANY INVESTIGATIONS BY US OR LAW ENFORCEMENT AUTHORITIES AND AGREE TO HOLD US AND OUR CLIENTS HARMLESS FROM ANY SUCH CLAIMS.

Site Monitoring, Suspension, and Termination

We have the right at all times, without provision of notice, to:

• Take such actions deemed necessary or appropriate, in our sole discretion, for violating the Terms.
• Take appropriate legal action, including, referral to law enforcement or regulatory authorities, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or otherwise using the Website in any manner.
• Terminate or suspend your access to all or part of the Website for any or no reason.

No Reliance 

The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to keep the information on our Website accurate and up-to-date, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up-to-date. There may be instances where we need to correct or modify any such items and we reserve the right to amend any errors, inaccuracies, or omissions at any time without prior notice or liability to you. Your use of the Website is at your own risk and we, along with our directors, officers, employees, shareholders, agents, successors, or clients have no responsibility or liability whatsoever for your use or access of the Website.

Privacy 

We are committed to respecting your privacy and personal information. Please review our Privacy Policy, found at coloniatreuhand.com/privacy-policy to learn about our privacy practices. 

Third-Party Websites 

For your convenience, our Website may provide links or otherwise connect you to third-party sites. We make no representations about any other websites that may be accessed from our Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility or liability for such sites or for any loss or damage that may arise from your use of them.  

Termination

We reserve the right to terminate or suspend your access to all or part of our Website at any time and for any reason. If we become aware of unauthorized access to your account, we may immediately suspend or terminate your account. Subject to applicable laws and regulations, if your account is terminated or deactivated, we shall have no further obligation to provide you with any access to the Website. 

Any termination by us shall have no impact on the continuance or enforceability of any Additional Conditions or third party contracts you may have with us or any third party. 

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK. OUR WEBSITE, INCLUDING ALL CONTENT OR SERVICES FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

WE DO NOT MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, CORRECTNESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, PERFORMANCE, RESULTS, QUALITY, TIMELINESS, TITLE, WORKMANLIKE EFFORT OR AVAILABILITY OF THE WEBSITE OR THE WEBSITE CONTENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE WEBSITE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THAT THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY PRODUCTS OR SERVICES FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE REGARDING THE QUALITY OR SUITABILITY OF THE SERVICES AVAILABLE THROUGH THE WEBSITE. YOU AGREE TO ASSUME ALL RISK ARISING OUT OF YOUR USE OF THE WEBSITE.

Limitation on Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS,  SUCCESSORS OR CLIENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES FOR NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST INCOME, BUSINESS INTERRUPTION, LOSS OF USE, DATA, REVENUE OR PROFIT, COST OF CAPITAL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, ARISING OUT OF THE USE OF OUR WEBSITE. WE, ALONG WITH OUR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS AND CLIENTS SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES OR OTHER LIABILITY, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, WHICH MAY ARISE OUT OF (I) YOUR USE OF OR RELIANCE ON THE WEBSITE OR THE WEBSITE CONTENT, MATERIALS, POSTS OR OTHER INFORMATION THEREON, ANY LINKED WEBSITES OR OTHER THIRD-PARTY WEBSITES; (II) YOUR USE OF THE PRODUCTS AND/OR SERVICES PROVIDED THROUGH THE WEBSITE; (III) YOUR INABILITY TO ACCESS OR USE THE WEBSITE AND/OR THE PRODUCTS OR SERVICES OFFERED ON THE WEBSITE; (IV) YOUR USE OR RELIANCE ON ANY OF OUR PRODUCTS OR SERVICES; OR (V) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND US, AS WELL AS ANY ACT OR EVENT WHICH MAY OCCUR IN RELATION TO SUCH TRANSACTION(S) OR RELATIONSHIP. WE SHALL HAVE NO LIABILITY FOR ANY DELAY OR FAILURE TO PROVIDE ANY PRODUCT, SERVICE OR OTHER BENEFIT WHICH RESULTS FROM EVENTS OR CAUSES BEYOND OUR REASONABLE CONTROL. 

IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO OUR WEBSITE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED CAD$100.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF, PURSUANT TO APPLICABLE LAW, THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IS NOT PERMITTED, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless, us, and our directors, officers, employees, shareholders, agents, successors, assigns and clients from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your negligence, your misconduct, your breach of these Terms or your use of the Website, other than as expressly authorized in these Terms.

Governing Law and Choice of Forum 

These Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.  

Any action or proceeding arising out of or relating to the Website or the services offered through the Website and under these Terms will be instituted in the courts of the Province of Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

In any dispute between us, your sole remedy is to stop using your account/profile and/or the Website.

Waiver 

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

Assignment

We may assign and transfer our rights and/or obligations under these Terms without any notification to you. You may not assign or transfer any of your rights and/or obligations under these Terms without our prior written consent. Subject to the foregoing, these Terms shall enure to the benefit of and shall be binding on and enforceable by the parties and their respective successors, permitted assigns, heirs, and legal and personal representatives.

Entire Agreement

The Terms, the Privacy Policy and the Additional Conditions constitute the sole and entire agreement between you and us regarding your use of the Website and supersedes all prior understandings, both written and oral. 

Contact

If you have questions regarding our Terms, please contact us at: