VRGE App Consumer Terms and Conditions of Use
These terms and conditions of service (“Terms”) are a legal are a legal agreement between VRGE HOLDINGS LP o/a VRGE HOTELS (the “VRGE”, “us”, “we” or “our”) and you (“you” or “your”). These Terms, together with our Privacy Policy, govern our relationship with you with respect to your use of the VRGE application and the features, tools, materials or services available on the application (collectively, the “Services”). These Terms apply to individuals using the Services as a customer of the VRGE Revelstoke hotel (the “Hotel”) or of a merchant at the Hotel. If you are using the Services as a merchant, please review these Merchant Terms and Condition of Services instead.
By accessing the Services, you accept and agree to be bound and comply with these Terms and our Privacy Policy, found here, and incorporated herein by reference.
IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SERVICES.
Changes and Amendments
We reserve the right to modify these Terms at any time and in our sole discretion, effective upon posting of an updated version of these Terms on the Services. When we do, we will revise the date at the bottom of this page. You agree to periodically review these Terms in order to be aware of any such modifications. Continued use of the Services after any such changes shall constitute your continued acceptance of these Terms.
The Services
The Services are available to VRGE Hotel customers for their use in relation to their stay, including checking in, room access, as well as to book appointments, rent items, and purchase goods from merchants offering goods and services at the Hotel. VRGE, including its directors, officers, employees, shareholders, affiliates, agents, contractors, successors and assigns is not responsible or liable for any of your or other users’ activities or transactions while using the Services.
We may suspend, withdraw, discontinue or change any or all parts of the Services without notice. We will not be liable to you if, for any reason, the Services are unavailable at any time or for any period.
Bookings and Purchases Made through the Services
Appointment bookings and purchases of goods or services from merchants using the Services is solely between you, as the customer, and the relevant merchant. VRGE is not a party to these transactions, and only enables payment processing through the sharing of payment credentials. VRGE is not and will not be responsible for any aspect of the products or services you request or purchase from a merchant on the Services.
VRGE is not responsible for the acts of merchants, including whether or not they complete a transaction, nor for the quality of their goods and/or services. VRGE will not be a party to or responsible for any disputes between you and any merchant. When you interact with a merchant through the Services, they may have their own terms and conditions or other policies which apply to your transactions and you should carefully review these documents.
Your Account
To use the Services, you must register for an account.
When creating an account, you agree to provide accurate and current information about yourself as required by the registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. Providing false contact information of any kind may result in the termination of your account. You may not assign or otherwise transfer your account to any other person or entity.
You agree to be responsible for maintaining the confidentiality of any passwords or other account identifiers you choose or are assigned as a result of creating an account for registration as well as all activities that occur under such account. You agree to immediately notify us of any unauthorized uses of your account or any other breaches of security on the Services.
We will not be liable or responsible in any way for any loss or damage of any kind incurred as a result of or in connection with your failure to comply with this section of these Terms.
We reserve the right to disable any user account issued to you at any time in our sole discretion. If we disable access to a user account issued to you, you may be prevented from accessing the Services, any content, and your account details.
Access and Use
We hereby grant you a limited, non-exclusive license, non-transferable, non-sublicensable right to access and use the Services as set forth in these Terms, provided that you use the Services solely for personal, non-commercial purposes and in accordance with all applicable laws and these Terms. We reserve all rights not expressly granted under this Agreement.
In addition to the other terms set out in these Terms, you agree that when using the Services you will not:
The foregoing is merely a list of examples of prohibited conduct. We reserve the right to cancel a user account or take other appropriate actions in our sole discretion in response to any inappropriate conduct, or for no reason at all.
Term and Termination
These Terms are effective upon the date you first access or use the Services and continues until terminated by you or VRGE.
We may (in our sole discretion) suspend or terminate your access to or use of the Services without notification for any violation of these Terms, for other conduct that we deem unlawful or harmful to others, or in the event that you become insolvent, declare or are petitioned into bankruptcy, or make an assignment for the benefit of your creditors. In the event of termination, you are no longer authorized to access the Services, you may not re-register for our Services, and we will use whatever means necessary to enforce this termination.
You may terminate these Terms in accordance with any written authorization from us for termination that we provide after you provide us with a written request for termination.
You understand and agree that upon termination of these Terms: (a) all licences granted to you under these Terms will end; and (b) we will not be liable to you for compensation, reimbursement, or damages related to your use of the Services, or any termination or suspension of the Services or deletion of your information or account data.
Geographic Restrictions
The Services are not intended for use in any jurisdiction where its use is not permitted. We make no representation that content provided on our Services is applicable or appropriate for use in locations outside of the Hotel grounds. If you access the Services from outside British Columbia, Canada, you do so at your own risk and you are responsible for compliance with the local laws of your jurisdiction.
Third Party Services
If you enable, access or use third party services available on the Services, including services offered by merchants, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against the VRGE with respect to such other services. VRGE is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services.
Links to Other Websites
Although the Services may link to other websites, including social media websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the conditions of use, privacy policies and other legal documents of any website which you access through a link from the Services. Your linking to any other off-site websites is at your own risk.
Our Intellectual Property
You understand and agree that the Services and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, text, presentation, layout, selection, and arrangement, are owned by VRGE, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
Our name, logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of VRGE or its affiliates or licensors. All of our trademarks are protected by Canadian law. All other trademarks, service marks, company names or company logos, as used or referenced in the Services, are the property of their respective owners.
You have no right, title, or interest in or to the Services or to any content on the Services, except for the limited license granted herein and all rights not expressly granted are reserved by VRGE. Any use of the Services or any intellectual property referenced in this section, except as permitted in these Terms or otherwise expressly authorized by the property owner, shall constitute a breach of these Terms and an infringement or violation of the rights of the property owner, and may be a violation of federal or other laws.
Privacy
By using our Services, you consent to the collection, use, reproduction, hosting, storage, transmission, and disclosure of your personal information in compliance with our Privacy Policy, found at link.
When you interact with a merchant through the Services, their privacy policies will apply to how they handle your personal information and you should carefully review their privacy policies.
Disclaimer of Warranty
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, OR ANY MATERIAL, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICES, IS AT YOUR OWN RISK. VRGE AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUCCESSORS, AND ASSIGNS DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, SECURE, PROBLEM-FREE, OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO MERCHANT GOODS OR SERVICES, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR THAT THE SERVER FROM WHICH THE SERVICES IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THE CONTENT AND FUNCTION OF THE SERVICES ARE PROVIDED TO YOU “AS IS”, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
Limitation of Liability
UNDER NO CIRCUMSTANCE WILL VRGE NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS OR ASSIGNS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, OR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OF THESE TERMS; YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SERVICES; ANY LINKED WEBSITES; ACTIONS OR INACTIONS OF MERCHANTS; ANY MERCHANT’S GOODS OR SERVICES; YOUR FAILURE TO COMPLY WITH APPLICABLE REGULATORY OR OTHER LEGAL REQUIREMENTS ARISING OUT OF OR IN CONNECTION WITH USE OR MISUSE OF THE SERVICES; ANY TRANSACTION CONDUCTED IN CONNECTION WITH THE SERVICES; OR ANY CONTENT, MATERIALS, POSTING, OR INFORMATION ON THE SERVICES; REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT VRGE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
IN NO EVENT WILL VRGE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED ONE HUNDRED CANADIAN DOLLARS ($100CAD).
Indemnity
To the maximum extent permissible by law, you agree to defend, indemnify, and hold harmless VRGE and its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable legal fees and costs, arising out of or relating to the breach of these Terms by you, your interactions with merchants on the Services or your use or misuse of their goods or services, your negligent acts or omissions, or your use or misuse of the Services, including, but not limited to, third-party sites, and any use of the Services other than as expressly authorized in these Terms.
Governing Law
These Terms and any disputes arising out of these Terms shall be governed and interpreted in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to rules on conflicts or choice of law. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Vancouver, British Columbia, Canada, and you hereby submit to the personal jurisdiction of such courts.
Severability
Should any provision or part of any provision of these Terms be deemed invalid by any court, that provision, or portion of the provision, shall be severed and the remaining provisions shall remain intact with the necessary amendments.
Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the failure by us to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Contacting Us
If you would like to contact us to understand more about these Terms or wish to contact us concerning any matter relating to the Services, you may send an email to mcrowley@icmgroup.ca.
This document was last updated on July 9, 2024.
