Terms and Conditions

This Terms and Conditions is effective August 10, 2021 for all users. 

New Century Properties Ltd. (the “NCP”) owns, operates and maintains the Site, www.benom.com, including all content thereon (the “Site”). By accessing, browsing or using the Site, you accept and agree to these terms and conditions (the “Terms”). NCP may amend the Terms at any time without notice. It is your responsibility to review the current posted version of the Terms each time you use the Site as you will be bound by such amendments. Please exit the Site immediately if you do not accept or agree to the Terms. This website is a marketing and presentation tool for and all real estate properties it represents. Use of the site by anyone constitutes an acceptance of the Terms and Conditions.

Copyright and Trademark Notices

© New Century Properties Inc. All rights reserved. No part of the Site may be reproduced, modified, distributed, sold, published, broadcast, or retransmitted in any form without the prior written consent of New Century Properties Inc.

The New Century Properties brandmark is registered by New Century Properties. Other names, words, titles, phrases, logos, designs, graphics, icons and brandmarks displayed on the Site may constitute registered or unregistered Official marks of NCP.

Use

Materials on the Site were produced and/or compiled by NCP for the purpose of providing visitors with direct access to information about the programs and courses offered by NCP.

 You shall not, without our prior written permission, use the Site for purposes other than your own personal, non-commercial use. Further, you may not frame the Site or any part thereof on any website without our prior written permission. You acquire absolutely no rights or licence to the Site other than the limited right to use the Site in accordance with the Terms. You shall not use the Site for any purpose except as expressly provided herein.

Disclaimer/ Limitation on Liability

Your use of the Site is at your sole risk. The Site is provided “as is” and “as available”, and without warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, non-infringement or third party rights and fitness for a particular purpose, and any warranties that access to the Site is uninterrupted or error-free, that the Site is secure or free of viruses or other harmful material, or that information on the Site is complete, accurate or timely. 

The information, services, products, and materials contained in this site, including, without limitation, text, graphics, and links, are provided on an as is basis with no warranty. To the maximum extent permitted by law, NCP disclaims all representations and warranties, express or implied, with respect to such information, services, products, and materials, including but not limited to warranties of merchantability, fitness for a particular purpose, title, noninfringement, freedom of computer viruses, and implied warranties arising from course of dealing or course of performance.   In addition, NCP does not represent or warrant that the information accessible via this site is accurate,  complete or current. Price and availability information is subject to change without notice.

In no event shell NCP be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if NCP has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of in connection with the use, inability to use, or performance of the information, services, products, and materials available from the site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

Because some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you.

Order Acceptance

The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. NCP reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.

External Sites

This site may contain links to other sites on the Internet that are owned and operated by third-party vendors and other third parties (the External Sites). You acknowledge that NCP is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

Linking

The Site may contain links to third party websites. These links are provided solely as convenience to you. NCP is not responsible for the content of any third party website and does not endorse the information contained therein or guarantee its quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose.

Ownership

All content, designs, graphics, pictures, illustrations, software, artwork, video, sound, names, words, titles, phrases, logos and marks displayed on the Site are owned by NCP, its licensors, or the party accredited as owner, and are protected by copyright, trademark and intellectual property laws and treaty provision laws.

Collection of Information

NCP only obtains specific personal information, such as your name, phone number or email address if you voluntarily complete an online form, submit an email to us with this information or register to use a portion of the Site. Should you choose to provide us with personal information, we will only use that information to respond to your request.

All personal information created, held or collected by NCP is protected under the Information Protection and Access Policy.  At any point of collection, you will be asked for consent to collect your information or you will be advised of the authority for such collection. NCP will also inform you of the purpose for which the personal information is being collected, and how to exercise your right of access to, and correction of, that information.

Your personal information is not usually disclosed to anyone other than NCP staff who need the information to carry out their responsibilities. Any further disclosure of the personal information you give us would be in accordance with the Information Protection and Access Policy.

Note: Unless specifically noted otherwise, neither electronic systems nor email are secure information transmission methods. Therefore, we recommended that you do not send sensitive personal information electronically.

Cookies

Cookies are used to track how our visitors use this Site, to determine sites previously visited or to facilitate the use of portions of this Site. A cookie is a simple text file that is stored on your computer or mobile device by a website’s server to monitor your use of that website. Most websites you visit will use cookies in order to improve your user experience by enabling that website to ‘remember’ you, either for the duration of your visit (using a ‘session cookie’) or for repeat visits (using a ‘persistent cookie’).

NCP may use cookies for the following reasons:

  • Monitor our Site usage and improve the performance of our Site; for example, cookies help us remember who you are through your browser settings so that we can offer and provide more personalized content such as your font text size preference. 
  • Save passwords and/or preferences for you so that you will not have to re-enter them the next time you visit the Site.
  • Compile user traffic and demographic statistics related to the Site (for example, number of users, page views, location you are coming from, average time spent on the Site, etc.). This information helps us to better understand when to update, change or offer new navigation or content.

The cookies we use do not allow us to identify individuals. They are used to save preferences, to compile statistical information and to assess and improve the efficiency of the Site.

Types of Cookies

Session cookies – Session Cookies are stored only temporarily during a browsing session and are deleted from the user’s computer or device when the browser is closed. No personal information is kept in session cookies and they are stored only in your browser’s temporary (cache) memory. When you log out of your session, the cookie is no longer valid and is discarded when you close your browser.

  • Persistent cookies – These are more permanent and can be re-read when you return to the website that placed them on your computer. The information in them is written onto your hard drive and saved there for a fixed period (usually a year or two) and is not deleted when the browser is closed. They are used to identify and provide personalized features and for tracking traffic patterns to and from our Site.
  • First-party cookies – First-party cookies are set by the website you are visiting.
  • Third-party cookies – Third-party cookies are set by a different organization through the owner of the website you are visiting. The websites you visit may contain content embedded from separate organizations (e.g., YouTube) and these organizations may set their own cookies.

How to Disable Cookies

If you don’t want to receive cookies, you can modify your browser so that it notifies you when cookies are sent to it or you can refuse cookies altogether through your browser settings. You can also delete cookies that have already been set. By refusing or deleting cookies, you should be aware that you might lose some functions of that website. Please refer to your browser support resources for information on how to disable or delete cookies from your device.

Google Analytics

NCP uses Google Analytics, a web analytics service provided by Google, Inc., to measure traffic patterns to, from, and within our Site. Google Analytics uses first-party cookies, which are text files placed on your computer, to help analyze how users use the Site. Google Analytics uses “session” and “persistent” cookies to collect standard log information and to track visitor behaviour information, in an anonymous form, and compile statistical reports on site activity. The information generated by the cookies about your use of the Site (including your IP address) is transmitted to Google servers outside Canada. No personally identifiable information is recorded or provided to Google. As well, Google will not associate your IP address with any other data held by Google. Furthermore, NCP uses the Google Analytics scripting call to remove the last octet from IP addresses before the data is transmitted to Google.  

NCP uses the statistical reports generated by Google Analytics to help us make our Site more useful to visitors.  

For further information about Google Analytics, please refer to the Google Analytics Privacy Policy, external link and the Google Analytics Terms of Service, external link.

If you wish, you may opt out of being tracked by Google Analytics by disabling or refusing the cookies; by disabling JavaScript within your browser; or by using the Google Analytics Opt-Out Browser Add-On, external link.

Remarketing

As part of our comprehensive marketing strategy, NCP uses an advertising practice called remarketing, which allows us to advertise to users who have visited our Site before continuing on to other areas of the Internet. Third-party vendors, including Google and Facebook, may show our ads on other sites and may use cookies, web beacons and other storage technologies to collect or receive information. This information may be used to provide measurement services and to target and serve ads based on a user’s prior visits to our Site.

Content Submissions

By uploading or submitting any materials to the Site through content generation or submission mechanisms, such as but not limited to forms, blogs, wikis, forums, chats, commenting, video uploads and photo submissions, you automatically grant NCP the non-exclusive right to use those uploaded materials royalty-free, in perpetuity. Such licence shall apply with respect to any form, media, or technology now known or later developed. In addition, you warrant that all intellectual property and moral rights in such materials have been waived.

NCP may publish your content on our Site, as well as on other NCP  materials and publications, for the purposes of promoting the company.  NCP will moderate your content before it is published, however, NCP does not guarantee that your content will be published. NCP  may edit your content for length, size or clarity. In addition, search engines may index your content. You should think carefully about your intent and the consequence of publication of any of your content.

You agree that all materials, including information, data, text, software, music, sounds, graphics or video which you publicly post or privately transmit are your sole responsibility as the originator of such content. You agree that you will not upload, post, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party. If you violate any of these guidelines, NCP will not accept your content and may suspend or block your access to the Site.

If you are a minor, you must have permission from your parent or guardian to upload any content to the Site through content generation or submission mechanisms, such as but not limited to forms, blogs, wikis, forums, chats, commenting, video uploads and photo submissions. NCP may request a parent’s or guardian’s email address from anyone who uploads any materials for the purpose of verifying with the parent or guardian that he/she has in fact given permission for such uploading. In the event that material is uploaded without permission, all uploaded material will be removed immediately and without notice.

 When you participate through content generation or submission mechanisms, you can never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. NCP is not responsible for the content or accuracy of any information and is not responsible for any reliance or decisions made by you or any other person based on such information.

Prohibited Content

Any content that is offensive and likely to expose an individual or a group of individuals to hatred or contempt on the basis of race, national or ethnic origin, colour, religion, sex, sexual orientation, age or mental or physical disability is prohibited. Content also prohibited on the Site includes any illegal activity such as, but not limited to, pornography, vulgarity, obscenity or sexually explicit content, illegal content, hate speech, threats, harassment, personal attacks, insults and defamatory statements, threats or content suggesting or showing the commission of a criminal or illegal act.  

When sharing content on our Site, please:

  • Keep your content relevant to the topic and avoid repetitive posting.
  • Be respectful and courteous.
  • Please post comments in English.
  • Respect other people’s privacy by not including personal information in your content (such as phone numbers and email addresses) or private dialogue.

If you violate any of these guidelines, NCP will not accept your content and may suspend or block your access to the Site.

Monitoring

NCP has the right to monitor the Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate a website or any of the services properly, or to protect itself or its users in accordance with the Information Protection and Access Policy.

Indemnification

You shall defend, indemnify, and hold harmless NCP, its Board of Governors, officers, employees and agents from and against any claim or demand made by any third party, and all liabilities, damages, losses, costs and expenses (including but not limited to reasonable legal fees) arising out of or relating to your browsing or use of the Site, content that you transmit to the Site, or your breach of any of the Terms. NCP shall control the defence of any matter which is subject to indemnification by you and you shall co-operate as fully as reasonably required by NCP.

Registration

To use certain features of the Site, you may be asked to register. You agree (i) to provide true, accurate, current and complete information about yourself as prompted by any registration form; and (ii) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If NCP suspects that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend, block or terminate your access to and use of the Site. If you are asked to register with the Site, you may need a username and password, which you will receive through the Site registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You must notify NCP immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. NCP is not liable for any loss or damage arising from your failure to protect your password or account information.

Termination

NCP may in its sole discretion restrict, block or terminate your access to the Site at any time, without notice. In the event of termination, NCP will no longer permit you to access the Site. NCP is not liable to you or any party for such termination.

Governing Law

Visitors can access the Site from all Canadian provinces and territories, as well as from other countries. The Terms of the Site are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, and these laws apply to the use of the Site, notwithstanding your domicile, residency or physical location. You hereby attorn to the exclusive jurisdiction of the courts of the Province of British Columbia and all courts competent to hear appeals therefrom.

General

If any provision of the Terms is deemed invalid or unlawful, then the provision is deemed severed without affecting the validity or enforceability of any remaining provisions.

Use Of Property Rental Page

This page’s purpose is to present quality real estate properties to prospective renters, lessors and buyers. We also present and advertise our company and our services to the general internet audience.

The use of this page does not, in anyway, create a legally binding agreement between you and the Company. The Company will not be held responsible or liable for any consequence or expense, including but not limited to financial ones, that may occur as a result of or in conjunction with your use of the Service.

Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Property Rental Page and the Site and its content are owned by the Company or the Company’s suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights. The Company and its suppliers reserve all rights not granted in these Terms.

Acceptable uses of this page include only the following uses:

  • Use by prospective tenants and buyers to search for real estate properties.
  • Use by prospective real estate owners to learn about and obtain NCP’s services.

All other uses will constitute a breach of the page’s Terms and Conditions. You agree not to:

  • Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this page.
  • Post, upload, publish on any website, email, blog, forum, medium or other communication of any kind, any private or personally identifiable information of any other user of this page.
  • Violate any local, provincial, state, provincial, federal or other law or regulation, or any order of a court.
  • Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights, including but not limited to subletting a rental-stay without the rights to do so.
  • Interfere with or damage our services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
  • Use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of this page.
  • Reverse engineer any part of this page.
  • Use our services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers.
  • Use automated scripts to collect information or otherwise interact with the service or this page.

No Obligation to Post Content. We have no obligation to post any content from you or anyone else. In addition, we may, in our sole discretion, edit, remove or delete any content that is posted by us including posted by us on your behalf. We reserve the right to modify, update or refuse to post any content that we might deem inappropriate, inaccurate, outdated, misleading and otherwise unacceptable by us.

The page is provided on an “as-is” and “as available” basis, and company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.  We and our suppliers make no guarantee that the page will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.  If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.

Accuracy of Content. Although all efforts are made to only post accurate and current content, we do not guarantee the accuracy of content posted on the page.

Contact Information

If there are any questions regarding this privacy policy, you may contact us using the information below.

New Century Properties Ltd.

2108 – 33 Smithe Street, Vancouver, BC, Canada, V6B 0B5


www.benom.com
info@benom.com
+1 604-817-7505