Terms & Conditions

1. Website operator and separate legal entities

LIV WINDSTONE is a rental marketing brand. Advertising a property does not make Windstone Holdings Inc. its owner, landlord or property manager.

Properties may be owned by separate entities and managed by third parties, including Vancor Group. The applicable tenancy agreement identifies the landlord. A common brand does not, by itself, make entities jointly liable or create a guarantee by Windstone Holdings Inc.

2. Acceptance and scope

By using the website after receiving reasonable notice of these Terms and an opportunity to review them, or by expressly accepting them where requested, you agree to these Terms to the extent permitted by applicable law. If you do not agree, discontinue website use. You may contact the relevant leasing or property management team through another available channel.

These Terms govern the website only. They do not amend a tenancy agreement, authorize applicant screening, or remove rights under applicable tenancy, human rights, privacy, accessibility or consumer protection law.

3. Inquiries do not reserve a home

A listing, inquiry or viewing does not, by itself, reserve a unit, approve an application, establish priority over other applicants or create a tenancy.

Email inquiry buttons open a draft in your email application. You must send it to reach the recipient. An automated response or acknowledgment is not approval of an application or acceptance of a rental offer.

The website does not currently accept rental applications, execute leases or process payments. A tenancy arises only when a legally binding tenancy agreement is formed under applicable law.

4. Listings and visual materials

Availability, move-in dates, measurements, layouts and amenity descriptions may change or require confirmation for the particular unit. Measurements and floor plans are approximate unless expressly stated otherwise. Please raise any feature material to your decision with the leasing team before entering a tenancy agreement.

Photographs and videos may show representative suites, previous conditions, staging or presentation edits. Furniture and decorative items are excluded unless expressly stated to be included. Material differences and virtual staging must be identified where needed to avoid a misleading impression; this general provision does not replace a disclosure that belongs beside an image or listing.

We may correct errors and update or remove listings. Corrections do not override a binding agreement or applicable advertising law. Nothing in these Terms authorizes materially misleading descriptions or the concealment of material defects.

5. Rent and other charges

Unless expressly stated otherwise, advertised rents are monthly amounts in Canadian dollars. Utilities, parking, storage, hot water tank charges and other services vary by property and unit. The listing and applicable rental documents should identify what is included and any separate lawful charges. Ask the leasing team to clarify any uncertainty before committing.

Required charges and conditions must be disclosed as required by law. We do not acquire a right through these Terms to impose undisclosed mandatory charges, collect prohibited fees or charge above an advertised price contrary to law. Updates to advertised rents do not change an existing tenant's lawful rent or bypass rent increase requirements.

6. Applications and rental decisions

Applications are handled separately by the relevant landlord or authorized property manager, under its application process and applicable law. Submission of an application does not guarantee approval or continued availability. Decisions remain subject to lawful screening criteria, human rights requirements and any binding commitments already made.

You must provide accurate information and have authority to provide information about another person. Any required credit, reference or other screening consent must be obtained separately. Accepting these Terms does not provide that consent.

Send money or sensitive application documents only through a verified process provided by the authorized receiving organization. Website contact alone does not authorize a third party to collect funds on Windstone's behalf.

7. Communications and notices

We cannot guarantee that every electronic message will be delivered, read or answered within a particular time. If you do not receive a response to a time-sensitive inquiry, follow up using another available contact method. Delivery or response delays do not excuse compliance with obligations imposed by law.

The website and general information inbox are not emergency reporting channels. Use the property's designated maintenance contact for urgent property issues and call 911 for an immediate threat to life or safety.

Listing an email address on this website does not, by itself, designate that address for formal legal notices. Service must comply with applicable law or a valid agreement about service. This paragraph does not invalidate a notice that has otherwise been lawfully served.

8. Ownership and permitted use of content

Windstone and the respective rights holders retain applicable rights in website text, photographs, graphics, logos, branding, layouts, software and other content. No ownership rights transfer to you through website access.

You may view the website, share links and retain reasonable copies for your own rental search or personal records. Subject to rights permitted by law, you may not commercially republish, sell, license, modify or reuse protected content, remove ownership notices, reproduce our branding, or suggest an affiliation or endorsement without written permission.

These restrictions do not prevent fair dealing, retaining evidence, obtaining professional advice, making a lawful complaint or exercising a statutory right. Ordinary search engine indexing and accessibility tools are permitted while used lawfully and without compromising security or collecting personal information for unrelated purposes.

9. Prohibited website activity

You must not use the website or inquiry channels to:

• Impersonate another person, misrepresent your authority, submit fraudulent inquiries or obtain information through deception.
• Send unlawful threats, discriminatory harassment, unsolicited bulk messages or content that infringes another person's rights.
• Introduce malicious code, interfere with website operation, bypass access controls, or access systems or information without authorization.
• Harvest personal contact details, conduct bulk extraction or scraping, or create a competing listing database using protected website content without permission.
• Use protected content to train or supply an automated model without permission, except where the use is permitted by applicable law.
• Use Windstone's name or branding to solicit money, advertise unauthorized listings or suggest an affiliation that does not exist.

Nothing in this section prevents lawful criticism, a good-faith complaint, communication with a regulator or the exercise of a legal right.

10. Information and materials you submit

You remain responsible for the accuracy, lawfulness and authorized disclosure of material you send. You retain any ownership rights in your material. You authorize us and the relevant receiving team to use and reproduce it only as reasonably necessary to respond to your request, provide the requested service, maintain lawful records or address a related dispute.

Personal information is handled under the LIV WINDSTONE Privacy Policy and applicable law. These Terms do not grant a right to publish private inquiries, sell personal information or use your information for unrelated marketing. Optional marketing and sensitive information require the applicable privacy notices and consent.

11. External websites and service providers

Links and contact features may connect you to independent websites, email applications, property managers or other services. Those services may have separate terms and privacy practices. A link does not guarantee their availability, security, accuracy or suitability, and their independent statements do not automatically bind Windstone.

You are responsible for reviewing applicable third-party terms before using their services. This section does not remove Windstone's legal responsibility for its own conduct, authorized representatives or service providers acting on its behalf.

12. Website changes and restricted access

We may maintain, change, suspend or discontinue website features, and may restrict access where reasonably necessary for security, suspected misuse, legal compliance or business operations. We may remove unlawful or unauthorized material and seek legal remedies for misuse.

Website operation may be interrupted by maintenance, telecommunications or hosting failures, cyber incidents and other events beyond our reasonable control. We do not undertake to keep every feature available indefinitely.

Restricting website access does not terminate a tenancy, extinguish an existing contractual obligation or prevent the exercise of statutory rights through other available channels. Website interruptions do not excuse duties that applicable law requires us to perform.

13. Website warranty exclusions

To the fullest extent permitted by law, the website and its functionality are provided "as is" and "as available", without additional express or implied warranties or conditions, including fitness for a particular purpose or uninterrupted, error-free or completely secure operation. We do not guarantee that every website error will be identified or corrected immediately.

These exclusions apply to website functionality. They do not disclaim a landlord's repair, maintenance, habitability or safety obligations, or erase a representation, warranty or commitment that the law makes binding. Section 15's exceptions also apply here.

14. Corporate capacity and personal liability

Windstone Holdings Inc. is the sole contracting party supplying the website under these Terms. An individual does not become a personal party merely by owning shares, holding office, communicating for Windstone or carrying out website duties in a corporate capacity.

Subject to section 15's exceptions and applicable law, obligations arising solely under these Terms are corporate obligations of Windstone Holdings Inc. You agree to seek satisfaction of those contractual obligations only from Windstone Holdings Inc. and its assets. You will not seek satisfaction from an individual's personal assets solely because that person is a director, officer, shareholder, employee or authorized representative of Windstone or acted for it in that capacity.

Website use, routine corporate correspondence and an individual's name or signature given in a disclosed corporate capacity do not, by themselves, create a personal guarantee, personal indemnity, partnership or fiduciary relationship. Any separate express personal undertaking is governed by its own terms and applicable law.

This section does not release independently actionable personal wrongdoing, an express separate undertaking, or liability that cannot lawfully be excluded. It does not extinguish statutory duties or prevent a court or regulator from exercising its lawful powers.

15. Exclusion of monetary liability and C$0 limit

For sections 14 to 16, "Protected Parties" means Windstone Holdings Inc., its affiliates, and their respective current and former directors, officers, shareholders, employees, authorized representatives and website service providers, solely in connection with their involvement in supplying the website or its content in their corporate or authorized service roles.

Subject to the exceptions below and to the fullest extent permitted by law, the Protected Parties have no monetary liability to you for claims arising solely from use of, or inability to use, this free website, its content or its functionality. Their total combined monetary liability for those claims is C$0. This exclusion includes direct, indirect, incidental, consequential, special, exemplary and punitive damages, and loss of profits, revenue, business opportunities, goodwill or data.

Subject to the exceptions below, this exclusion applies in contract, tort, including ordinary negligence in website operation, or another legal theory, even if the possibility of loss was advised. It applies collectively across all Protected Parties and related events; it does not create separate limits for different defendants or causes of action. The website has no access fee. Rent, deposits and payments for other services are outside this allocation of website risk.

The exclusions in sections 13 to 15 do not apply to fraud, fraudulent or other unlawful misleading representations, wilful misconduct, gross negligence, death or personal injury caused by negligence, or liability that cannot lawfully be excluded or limited. They do not limit rights or remedies concerning a tenancy, deposits, rent, property condition, statutory privacy duties, or other mandatory legal protections.

The parties expressly intend each Protected Party to benefit from and be entitled to rely on sections 14 to 16 for activities within their stated scope, to the extent permitted by law. These protections survive a person's departure from their role for conduct occurring while these Terms applied. Each exclusion is intended to operate independently to the extent legally enforceable. An unenforceable exclusion does not eliminate liability that applicable law imposes.

16. Indemnification and defence of protected persons

To the fullest extent permitted by law, you agree to indemnify and hold harmless each Protected Party, including the individuals identified in section 15 in their covered roles, against third-party claims, demands, proceedings, damages, liabilities and reasonable legal fees and defence costs, to the extent caused by your conduct described below:

• A material breach of these Terms, or unlawful, fraudulent or negligent misuse of the website or inquiry channels.
• Submission or use of materials that infringes another person's intellectual property, privacy or other legal rights, or misrepresents your identity or authority.
• Unauthorized use of Windstone's name or protected content, introduction of malicious code, or interference with website systems or security.

You are also responsible, to the extent permitted by law, for proven, reasonable direct losses and necessary investigation, containment and restoration costs caused by that conduct. This provides compensation for actual loss, not an automatic charge or penalty, and does not permit double recovery.

On reasonable written request, you must fund the reasonable defence of a claim within this indemnity. We will give reasonably prompt notice and a reasonable opportunity to assume the defence through competent counsel reasonably acceptable to the affected Protected Party. That party may participate at its own expense, except that reasonable costs of separate counsel needed because of an actual conflict of interest may be included to the extent legally recoverable. Your obligation to reimburse defence costs extends only to the portion of a claim covered by this indemnity.

You may not settle a covered claim in a way that admits wrongdoing by, imposes a non-monetary obligation on, or fails to release a Protected Party without that party's written consent. We will not bind you to a settlement without your written consent, which must not be unreasonably withheld. Indemnified compensation is limited to amounts finally awarded, approved settlements and reasonable covered defence costs.

These obligations exclude loss to the extent caused by a Protected Party's negligence, misconduct or breach of law. They do not shift fines, penalties or duties that cannot lawfully be indemnified, or apply merely because you make an unsuccessful application, raise a complaint or exercise a legal right. Mandatory legal protections prevail over this section.

17. Governing law and dispute resolution

These Terms are governed by the laws of Ontario and the federal laws of Canada applicable there, subject to any mandatory protections of another jurisdiction that apply to you.

Where a valid forum agreement is permitted, disputes arising solely from these Terms or website use must be brought before the courts of Ontario having jurisdiction. This does not displace the jurisdiction of the Landlord and Tenant Board, a privacy or human rights regulator, or another competent tribunal, or prevent proceedings in a forum that applicable law entitles you to use.

You may contact info@windstone.ca to seek an informal resolution. Doing so is not a condition of exercising a statutory remedy and does not suspend a legal deadline. These Terms impose no mandatory arbitration or waiver of a non-waivable class proceeding right.

18. Changes to these Terms

We may revise these Terms and post the revised version with an updated date. Changes apply prospectively, subject to legally effective notice and acceptance. We will provide additional notice of material changes and obtain express acceptance where required by law.

Posting an update does not retroactively change accrued rights, an existing dispute, a tenancy agreement or another binding commitment. Continued use binds you to changes only where notice and acceptance are legally sufficient.

19. General provisions and priority

Mandatory law prevails over these Terms. A valid tenancy agreement governs the tenancy, and the Privacy Policy governs our handling of personal information. Any separate agreement with Windstone controls its specific subject matter. These Terms concern website use and do not cancel representations or obligations that cannot lawfully be excluded.

If a provision is unenforceable, it will be severed to the extent legally appropriate, with the remainder continuing in effect. A failure or delay in enforcing a provision is not, by itself, a waiver. A waiver must be given by an authorized representative, subject to applicable law.

Windstone may transfer its rights and obligations under these Terms to a successor in connection with a lawful business reorganization or transfer, subject to applicable consent and notice requirements. A transfer does not reduce mandatory rights or change the purposes for which personal information may lawfully be used.

Provisions concerning ownership, liability, indemnity and dispute resolution survive discontinued website use to the extent relevant to events occurring while these Terms applied and to the extent enforceable by law.