Legacy Luxury Lifestyle Inc.
WEBSITE TERMS AND CONDITIONS
These terms and conditions (the Agreement) govern your access and use of the websites located through the URLs www.LegacyLuxuryLifestyle.com, and other authorized websites that may be added, moved or updated from time to time Websites), all content services accessible through the Websites (the Services), and the software, if any, necessary to access and use the Websites from time to time. These terms have been translated to Chinese. If the translated version conflicts with this English version, the English version will apply.
You consent to the exchange of information and documents between us electronically over the Internet or by e-mail, and that this electronic Agreement, along with all other electronic documents and notices, will be the equivalent of fully and properly executed written paper instruments.
You should refer back to the Websites to review this Agreement from time to time, as we may alter or update the Agreement with no further notice to you, and all such alterations or updates will be binding on you. Your continued use of the Websites after the publication there of any alteration to the Agreement will be conclusive evidence of your acceptance to be bound by the Agreement as altered.
Who We Are
The Websites and the Services are provided by Legacy Luxury Lifestyle Inc., Uptown Luxury Lifestyle Inc. and/or Shang Cheng Luxury Lifestyle Inc. and other related and affiliated companies authorized to use these Website Terms & Conditions (collectively referred to as Legacy" and "we", "us", and "our"), all companies registered in Canada under the laws of British Columbia. Our registered address is Suite 2 ¯ 1012 Beach Avenue, Vancouver, BC, V6E 1T7.
If you have any comments or questions at all about the Websites, its contents, or any other aspect of our activities, please contact us at Inquiries@LegacyLuxuryLifestyle.com
System Requirements and Information Exchange
While we have designed the Websites to be as user-friendly and accessible as possible, in order to function properly the Websites may require that you have special software installed on your computer and that your computer meet certain basic requirements.
It is your responsibility to ensure that your computer meets all requirements of the Websites. We will not be responsible for any lack of functionality or service failures that may result due to your equipment (which includes, without limitation, your computer, internet connection, routers, operating system, software, and peripherals). You acknowledge that the quality of the Services may be affected, and may be degraded, as a result of your equipment.
You agree that we may upload and download (to and from your computer) certain packets of content and information from the Websites (whether as cookies or other forms of digital applications and information), and we may share this content and information with other users of the Websites in order to enable easier and more efficient access to content available through the Websites.
Registration and Website Security
Many features will be available to you through the Websites without registration. For example, you will be allowed to view listings without registering with us. However, in order to interact with the Websites and to publish a profile, advertisement, real estate listings, or other items to the Websites, you will first need to register with us and create an account through the Websites. In registering with us, you will provide us with certain personal information which will be subject to the terms of this Agreement.
Your registration information will include passwords and other information that you will use to access the Websites. You should be very careful to keep this information confidential, as you will be responsible for all activity that occurs through your account. We have no way of independently verifying any person who accesses the Websites through your account, other than by way of our standard authentication procedures, and we will not be responsible for any losses or harm suffered by you or anyone else as a result of any access or use of your Website account.
Subject to the terms of this Agreement, you may terminate your account at any time by using the links provided at the Websites for that purpose. You can also send a request for termination to: Inquiries@LegacyLuxuryLifestyle.com.
Your Promises to Us
You acknowledge and promise to us that:
you are over the age of 19 years, and are fully competent to enter into contracts, and that you agree to be bound fully by the terms of this Agreement;
all information provided by you to us from time to time is complete, true, accurate, and up to date;
you will not use the Websites for any illegal or improper purpose;
you will defend, indemnify and hold completely harmless us and our directors, officers, employees, agents, representatives, affiliates, parents, subsidiaries, licensors, suppliers, service providers and other contractors (collectively, Indemnified Parties) from and against any and all claims, actions, demands, causes of action and other proceedings, including threatened claims and proceedings, (Claims) arising out of or relating to: (a) your breach of any of the terms of this Agreement; (b) your access to or use of the Websites (or any website which is linked to or accessible through the Websites); or (c) your provision to us of information or other data. The Indemnified Parties will have the right, but not the obligation, to participate through lawyers of their choice in any defense by you of any Claim as to which you are required to defend, indemnify or hold harmless the Indemnified Parties (Indemnified Claim). You may not settle any Indemnified Claim without the prior written consent of the concerned Indemnified Parties; and
if we take legal action against you for any breach of this Agreement and a court makes an award in our favour, you will be responsible for all costs allowable by the courts (meaning legal costs which we incur, your own costs and any other costs ordered by the court).
Your Use of the Websites
You are entirely responsible for the content of, and any harm resulting from, any postings or materials you submit, save or upload to the Websites or to any of its related websites (collectively, Submissions). When you submit any Submissions through the Websites or its related websites, you thereby confirm that:
you own the Submissions posted by on or through the Websites, or if the content posted is licenced under a Creative Commons licence, you will attribute the content to the author or licensor of that content and comply with all other terms of the Creative Commons licence;
your Submissions do not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and do not violate any law concerning the health or wellbeing of minors, including, without limitation, any law concerning child pornography;
your Submissions do not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on our or others' computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party;
your Submissions are not in violation of any copyright, so-called 'moral right', or other intellectual property right of any party and that if you do not own the content of a Submission, or have a Creative Commons licence to that content, but otherwise have a licence to use the content for a Submission, you will comply with all of the terms of that licence;
all representations made by you in your Submissions are, to the best of your knowledge, true and accurate;
your Submissions are encoded correctly according to the standards in effect from time to time at the Websites, and do not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by us;
your Submissions do not contain content that endorses or promotes racism, bigotry, hatred, or physical harm of any kind discriminates, incites harassment or advocates harassment of or against another group or individual; and
you are solely responsible for ensuring that all of your Submissions comply with all applicable legislative, regulatory and professional standards and will indemnify and save harmless Legacy on a solicitor and client basis all costs, damages or penalties incurred by Legacy related to any regulatory or professional non-compliance or investigation thereof.
You agree that in using the Websites you will not, directly or indirectly, in any manner whatsoever:
engage in any activity that may result (whether directly or indirectly) in:
any criminal activity;
the infringement of our or any third party's intellectual property, publicity rights, copyrights, privacy rights, contract rights or any other rights; or
any other unlawful outcome;
engage in any activity that may in any way interrupt, damage, impair or render the Websites less effective;
use the Websites for any purpose other than your personal use;
email, transmit or otherwise disseminate any content which is defamatory, obscene, hateful, in breach of copyright, vulgar or indecent or may have the effect of being harassing, threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
transfer files that contain viruses, trojans or other programs, which in our sole discretion are, or may be, malicious or harmful;
use the username of another user or attempt to impersonate another user or person;
access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures in effect at the Websites;
post direct links or web site addresses to real estate listings hosted on any website that is not the Websites;
reproduce and distribute any content available through the Websites (the "Websites Content"), other than content solely created by you, for any purpose including, without limitation, compiling an internal database, redistributing or reproducing such content by the press or media or through any commercial network, cable or satellite system; or
modify, change, or create derivative works based on the Services, Websites or Websites Content, including without limitation their included, embedded and underlying technology, information, code, content, rights or designs;
sub-licence, rent, lease, loan or distribute the Services or Websites Content;
permit any third party to use or access the Services or Websites Content on yours or another person's behalf;
use or operate the Services for the benefit of any third party in any type of service outsourcing, application service, provider service, directory or service bureau capacity;
reverse engineer, decompile or disassemble the Services or otherwise reduce it to a human perceivable form;
assign, transfer, sell or encumber this Agreement or any rights or obligations hereunder to any third party except as part of the sale or transfer of your business or similar entity in its entirety;
use or utilize the Services for any purpose or in any manner other than expressly permitted in this Agreement or that is or are illegal or in violation of any applicable law or rights of any third party;
remove, modify, change, alter, obscure, or cover any copyright, trademark, patent, or other proprietary notice or marking in or on the Services, Websites or Websites Content; or
export, transfer or make available the Services, Websites or Websites Content or any products or services sold through the Services, Websites or Websites Content except as permitted in this Agreement without the express written consent of Legacy.
Any Submissions you make for public display on the Websites must be approved by Legacy before it will be displayed. We will do our best to approve your Submissions within 48 hours but cannot guarantee this timeline.
You also agree that Legacy can share with third parties any Submissions you make for public display to the Websites.
We reserve the right to, without notice and for any reason, restrict or deny your access to and use of the Websites. In the event that we terminate your access to the Websites, you agree to immediately stop using the Websites and the Services. This will not limit our rights in the circumstances to take any other actions against you that we consider appropriate to defend our rights or those of any other person.
Ownership and Copyright.
You acknowledge that any and all information, content, articles, blog posts, social media postings, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names contained on the Websites (collectively the Content) including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, Legacy or its licensors, as the case may be.
Licence to Use Your Information.
Limitations on Liability and Disclaimers.
There is no guarantee that personal information and transactions on the Websites (or on the Internet generally) will be maintained confidential and secure. The use of the Websites and the Websites Content is solely at your own risk, and Legacy assumes no liability whatsoever pertaining to the Websites Content, your use of the Websites, or the receipt, storage, transmission or other use of your Submissions or your personal information.
The Websites may contain links to other sites. Legacy does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when you access such sites, you are doing so exclusively at your own risk. In providing links to other websites, Legacy is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another website through the Websites should not be construed to mean that Legacy is affiliated or associated with the operators of any other such website.
The mention of another party or its product or service on the Websites should not be construed as an endorsement of that party or its product or service.
Legacy will not be responsible for any damages that you or any third-party may suffer as a result of the transmission, translation, storage or receipt of confidential or proprietary information that you make or that you expressly or implicitly authorize Legacy to make, or for any errors or any changes made to any transmitted, stored or received information.
You are solely responsible for the retrieval and use of the Websites Content. You should apply your own judgment in making any use of any Websites Content, including, without limitation, the translation and use of the information as the basis for any conclusions.
The Websites Content may not be accurate, up to date, complete or untampered, and is not to be relied upon.
Some of our servers may be located in overseas and subject to public or proprietary translation services and sometimes this means that certain of the Websites' Content may:
Be blocked from time-to-time by foreign governments;
Take longer to load if you are accessing the Websites from countries in which there are no servers located; and
Not display as originally intended
You agree Legacy will not be whatsoever liable for any damages of any type you suffer, howsoever caused, if such damages are caused by events outside of the reasonable control of Legacy.
The Websites Content is provided for educational and informational purposes only and should not be interpreted as a recommendation for any specific product or service, use or course of action. The Websites Content is not intended to be used as a substitute of any kind for professional advice. It is your duty to obtain professional advice from a qualified professional to meet any of your needs. You should not act or rely on any of the content without seeking advice of a qualified professional.
Except as expressly provided in this Agreement, the Websites and all Websites Content, products, services and software on the website or made available through the website are provided "as is" without any representations, warranties, guarantees or conditions, of any kind, whether express or implied, statutory or otherwise, including but not limited to, warranties as to uninterrupted or error free operation, availability, accuracy, completeness, currentness, reliability, timeliness, legality, suitability, privacy, security, merchantability, quality, title, non-infringement or fitness for a particular purpose, or those arising out of a course of dealing or usage of trade.
In no event will Legacy, its affiliates, agents, licensors, suppliers, representatives or other contractors, or their respective directors, officers or employees be liable for any special, indirect, incidental, punitive, exemplary, aggravated, economic or consequential damages, howsoever caused, including but not limited to: damages for loss of use, lost profits or lost savings, even if Legacy or any of its lawful agents or employees have been advised of the possibility of such damages or claim.
In no event will Legacy, its affiliates, agents, licensors, suppliers, representatives or other contractors, or their respective directors, officers or employees, be liable for damages or losses resulting from: viruses, data corruption, failed messages, transmission errors or problems; telecommunications service providers; links to third-party websites; the internet backbone; personal injury; third-party content, products or services; damages or losses caused by you, or your respective employees, agents or subcontractors; loss of use or lack of availability of facilities including computer resources, routers and stored data; the use or inability to use the Websites or the Content; any other website accessed to or from the Websites; or events beyond the reasonable control of Legacy, even if Legacy or any of its lawful agents, or employees have been advised of the possibility of such damages or claim.
In no case will the cumulative total liability of Legacy, its affiliates, agents, licensors, suppliers, and their respective directors, officers and employees arising under any cause whatsoever be for more than one hundred Canadian dollars.
Legacy assumes no obligation to update the Content on the Websites. The Websites Content may be changed without notice to you. Legacy is not responsible for any Content or information that you may find undesirable, offensive, or objectionable.
Legacy disclaims any liability for unauthorized use or reproduction of any portion of the Websites. Accessing the Websites and its Content from territories where the Websites may be illegal is prohibited.
When you access the Websites, you will be able to view the Website's Content.
Further, if you register an account with the Websites, you may also be able to access and interact with the Websites in the following ways:
create a profile page advertising your own services, website, or real estate listings; and
such other opportunities as may become available from time to time through the Websites.
Despite anything else in this Agreement, all of your interaction with the Websites and other users through the Websites will be at your exclusive risk.
Without limiting the generality of the above, you acknowledge that you may find the use of the Websites by other users inaccurate, offensive, indecent, harmful or deceptive. If you have any complaints regarding another user of the Websites or if you believe that any of the Content posted on the Websites is in some way illegal please contact us at Inquiries@LegacyLuxuryLifestyle.com. We can then take steps to investigate the user and the allegedly offending Content, and take further steps to have the situation corrected. Please note that we are under no obligation to take any action against a user unless otherwise required by applicable law.
If you are concerned that any Content available through the Websites are infringing your copyrights (or any other of your rights), you may notify us at: Inquiries@LegacyLuxuryLifestyle.com. Please provide us detailed information about your concerns, along with your contact information. We will take such steps as we believe are reasonable in the circumstances to ensure that infringing material is not published through the Websites.
If any of your Submissions are removed by us as a result of allegations that they infringe upon another person's rights (and are thus in breach of the terms of this Agreement), we encourage you to contact us at: Inquiries@LegacyLuxuryLifestyle.com.
Many aspects of the Websites, and many services and opportunities offered through the Websites, are offered to you free of charge. This is facilitated by advertising and other promotional revenues generated through the Websites. You agree to the insertion of advertising, banners, and other promotional materials into any of your Submissions, as well as the use by Legacy of any information pertaining to you for targeted advertising, if any.
Buying Legacy's Services
Legacy offers some exclusive Services on the Websites for you to sign-up for, in exchange for paying Legacy certain fees. In doing so, you may authorize or pre-authorize Legacy to debit your credit card, bank account, or other similar account, in exchange for those services. You agree that if any payments are denied, Legacy may, within 7 days of such denial (and provided you have not rectified the payment), be authorized to remove all of your Submissions from the Websites and immediately terminate your access to the Services. You agree to hold Legacy harmless for any losses or damages, howsoever cause or accruing, that you may suffer as a result of the removal of your Submissions from the Websites. If Legacy removes your Submissions from the Websites, it will not be under any obligation to store your Submissions for any length of time whatsoever.
If you have purchased services from Legacy that involve an amount of money paid to you by Legacy, the amount paid to you will be deemed to be inclusive of any applicable taxes. It is your responsibility to remit applicable taxes.
If you have purchased services from Legacy then you agree that Legacy and its agents, independent contractors, employees, directors, and officers are permitted to contact you at the address or email address that you provide, with respect to those services.
If you have purchased a service from Legacy that involves you posting real estate listings, you must remove them within 15 days of their expiry. You agree that if you have not removed expired listings within 15 days of their expiry, Legacy can remove them.
The services listed on the Websites are subscription-based, though we reserve the right to implement other pricing models in the future. When you subscribe for Services offered on the Websites, you agree to pay all applicable fees and taxes. You must subscribe for the Services using a credit card, bank account, or other similar account. The source of your payment method will be automatically charged for fees incurred under your subscription (e.g. subscription fees, flat fees, per-transaction fees). You acknowledge and agree that we are not required to send you any advance notice or confirmation that your source of payment method has been charged.
Current fees for subscriptions will be posted on the Websites at the discretion of Legacy. We reserve the right to modify our fees at any time for any reason upon notice to you, including, without limitation, through posting on the Website relating to the Service you signed up for, or by email. Any increase in subscription fees will be prospective only, beginning with the next subscription period, renewal or repeat purchase of an existing product or service. Notwithstanding the foregoing, from time to time we may add certain offerings or services for which we may charge additional fees. We will not charge you for such additional offerings or services without first obtaining your prior consent.
For as long as you access the Services or Websites, and for a period of two years thereafter, you shall not contact or solicit or engage in employment, whether as an employee or contractor, any employees, agents or contractors of Legacy in any endeavor, whether commercial or non-commercial, if such endeavor may reasonably be expected or anticipated to compete with or impact the operations of Legacy in any material way and you further agree that for the aforementioned two year period you and your agents, affiliates or assigns will not to contact any users of the Services or Websites for the direct or indirect purpose of selling to those users any products or services which are similar to, or in competition with, Shang Cheng, the Services or Websites. You shall not disclose to any person any of the confidential information, secrets, trade secrets, methods or systems used by Legacy in its business, whether such information is obtained through direct or indirect disclosure or through analysis of the Services, Websites or Websites Content code, design, architecture or other discernable element in any form whatsoever.
Use of Our Confidential Information
You must hold in the strictest confidence and in trust for the benefit of Legacy all of Shang Cheng's confidential information-that is' information not generally known by the public-including without limitation, client lists, databases, current and prospective client business card and email addresses, client relations management systems, marketing and informational materials and presentations, reports, and other such information of any nature made available to you by Legacy through Shang Cheng's activities and Services, except as authorized in writing by Legacy or as required by law.
Consent to Communicate
Your ongoing use of the Services and the Websites shall constitute an ongoing business relationship for the purposes of complying with Canada's Anti-Spam Legislation. You consent to receiving electronic messages, including commercial electronic messages, from Legacy, its partners, affiliates, agents, associates and assigns and from other users of the Services and Websites.
Compliance with Anti-Spam Legislation
When using or communicating with any person through or about the Services, Websites and Websites Content, you must comply with Canada's Anti-Spam Legislation and any similar anti-spam legislation in the jurisdiction in which you reside and market products or engage in any form of business activity. This compliance must include obtaining express consent from recipients to receive your messages, unless otherwise exempted by law, and you must always provide the recipients of messages with an opportunity to opt-out or otherwise stop receiving messages from you. In the event that your activities result in any complaints, claims, penalties, damages or other action against Legacy or its employees, directors, officers, partners, affiliates, agents, associates and assigns, whether by a public body or court of competent jurisdiction, you will immediately indemnify any and all affected parties for all related costs, including penalties, damages and costs to defend, settle, consent or dispute to such enforcement actions, and such indemnity will not provide you with any right to control the proceedings or negotiation of settlements or penalties, if applicable.
This Agreement is effective until terminated by Legacy, with or without cause, in Legacy's sole and unfettered discretion. We may terminate this Agreement without notice to you if you fail to comply with any of its terms, or if we have any other reason, in our sole discretion, to do so. Any such termination by Legacy will be in addition to and without prejudice to such rights and remedies as may be available to Legacy, including injunction and other equitable remedies.
Notwithstanding the above, the disclaimers, limitations on liability, ownership, termination, interpretation, the Licence, your warranty, and the indemnity provisions of this Agreement will each survive the termination or expiry of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws applicable in the Province of British Columbia and the laws of Canada applicable therein, excluding that body of law governing conflict of laws. Any action or proceeding brought to enforce the terms of this Agreement will be brought in a court of competent authority in Vancouver, British Columbia. The parties submit to the exclusive jurisdiction of this court. EACH PARTY HERETO IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING RELATING TO OR ARISING OUT OF THIS AGREEMENT.
The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect its total construction or interpretation. In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.
This Agreement as it may be amended from time to time in accordance with its provisions, and any and all other legal notices and policies on the Websites, constitute the entire agreement between you and Legacy with respect to the matters addressed herein.
Amendment and Waiver.
Legacy reserves the right, in its sole discretion, to amend this Agreement at any time by posting amendments on the Websites, and to post other terms, policies or rules on the Websites which are hereby incorporated into this Agreement. You are responsible for periodically reviewing the amendments on the Website and you are deemed to be aware of such amendments. If you do not agree to the amended terms and conditions, you shall immediately stop using the Websites. Access to the Websites or use of the Websites after any amendments have been posted shall constitute your acknowledgement and acceptance of the amended terms and conditions. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on Legacy unless executed by Legacy in writing. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.
This Agreement will enure to the benefit of, and be binding upon, you and Legacy and our respective successors. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.
© Legacy Luxury Lifestyle Inc.