Terms & Conditions

1. Definitions

“Confidential Information” means all information which is expressly marked as confidential or which is manifestly of a confidential nature or which is confirmed in writing to be confidential within 7 days of its disclosure;

"Data" means any and all the information, data or product, or any portion thereof, delivered or obtained through the Website or Computer Application by the Subscriber.

"Data Documentation" means the user guides and other materials relating to the Data in eye-readable form provided to the Subscriber.

"Licence" means the licence granted by the Landowner App to the Subscriber as described in Clause 2;

"New Release" means any improved, modified or corrected version of the Data from time to time made available by the Owner;

“Password” means any combination of letters or numbers chosen by the Subscriber and approved by The Landowner App that confirms the identity of the Subscriber to the Website management.

“Subscriber” means the individual or legal entity provided by the Subscriber in the registration process to The Landowner App. It shall include the Subscriber’s partners, officers, employees or agents. The address of the Subscriber shall be the address provided to The Landowner App at the time of registration, unless amended by the Subscriber to The Landowner App in writing.

“The Landowner App” means The Landowner App Ltd, a corporation established in the Province of Alberta.

“User ID” means an identification code chosen by the Subscriber and endorsed by The Landowner App.

“Website” means the restricted access website or websites having the Uniform Resource Locator (URL) known at http://landownerapp.com

2. Licence

2.1 The Landowner App hereby grants and the Subscriber hereby accepts a perpetual, non-exclusive, non-transferable worldwide licence to use the Website or Datafor the purpose of non-commercial internal business use. The Subscriber is prohibited from selling, marketing or promoting the Website or Data, or any part thereof in standalone format or without integration to the Subscribers own products. The Subscriber must not remove or alter the Landowner App name or copyright notices or other means of identification or disclaimers as they appear in the Licensed Materials. The Subscriber must not make print or electronic copies of multiple extracts ofthe Licensed Materialsfor any purposemount or distribute any part of the Licensed Material on any electronicnetwork, including without limitation the Internet and the World WideWeb, other than the Secure Network.

3. Entitlements of Subscriber

The sole entitlements of the Subscriber in relation to the use of the Website/Data will be as follows:

3.1 to use the strictly within the Field of Use

3.2 to store and run in accordance with the terms of this Agreement;

4. Undertakings by the Subscriber

The Subscriber undertakes to the Owner:

4.1 To use the Website/Data in a manner prescribed in this Agreement

4.2 not to copyreproduce, translate, adapt, arrange, alter, vary, modify, sell, lease, sub-licence or otherwise deal with the Website/Data without The Landowner Appprior written consent;

4.2 Not to copy in whole or in part the Data Documentation without the prior written consent of The Landowner App;

4.3 To supervise and control the use of the Data in accordance with the terms of this Agreement and to record locations of the Data;

4.4 To reproduce and include the copyright notice of The Landowner Appon all and any copies, including partial copies or modifications, of the Website/Data

4.5 Not to provide or otherwise make available or disclose the contents of the Data or Data Documentation in whole or in part to any person other than to any employee, officer or agent of the Subscriber who requires the same for the proper discharge of his duties without the prior written consent ofThe Landowner App; and

4.6 Not to reverse engineer, decompile, disassemble or otherwise alter the Data without the prior written consent of The Landowner App.

4.7 Not to use or attempt to use the Data or Data Documentation or any of the output of the Data or permit any third person to do so:

4.8 To accept responsibility for all transactions attributable to the Subscriber or performed under the Subscriber’s User ID and password and the Subscriber shall ensure that no other person shall use its User ID and Password.

5. Undertakings by The Landowner App

5.1 Once all verification has conducted on information supplied by the Subscriber and at the discretion of The Landowner App, the following Undertakings will be provided:
5.1.1 Provide the Subscriber with reasonable access to the Website
5.1.2 Securely store the Data provided by the Subscriber
5.1.3 Use the Date of the Subscriber to enhance the service provided by The Landowner App

The Subscriber acknowledges and accepts that The Landowner App cannot make any promise, assurance or covenant of any kind regarding the information submitted to the Website by the Subscriber. The accuracy of the data provided is the sole responsibility of the Subscriber.

6. Patents, Trade Marks, Copyright and Intellectual Property Rights

6.1 The Subscriber acknowledges that any and all of the trademarks, trade names, copyrights, patents and other intellectual property rights used or embodied in or in connection with the Website/Data are and will remain the sole property of The Landowner App. The Subscriber shall not during or at any time after the termination of this Agreement in any way question or dispute the ownership by The Landowner App of any such rights.

6.2 In the event that new inventions, designs or processes evolve in the course of the performance of, or as a result of, this Agreement, the Subscriber acknowledges that same will be the property of The Landowner App unless otherwise agreed in writing between the Parties. The Subscriber undertakes to execute such documents or agreements and do such other things as The Landowner Appmay require to vest in The Landowner App the intellectual property rights described herein.

6.3 The Subscriber shall notify The Landowner App promptly of any claim for infringement of patents, trademarks, industrial designs, copyrights or other intellectual property rights made against the Subscriber in relation to the Data.

7. Indemnity

7.1 The Subscriber shall protect and save harmless and defend at its own expense The Landowner App from and against any and all claims of infringements of patents, trademarks, industrial designs, copyrights or other intellectual property rights affecting the Data, provided that:

7.1.1 The Subscriber shall not have done, permitted or suffered to be done anything which may have been or become an infringement of any rights in any patent, trade mark, copyright or other rights as hereinbefore provided; and
7.1.2 TheSubscriber shall have exercised a reasonable standard of care in protecting the same failing which, the Subscriber shall indemnify The Landowner App against all actions, proceedings, costs, claims and expenses incurred in respect thereof.

7.2 The Subscriber shall give to The Landowner App or its agent prompt notice of any claim specified in Clause 6.1 that is made against the Subscriber, and The Landowner App will have the right to defend any such claims and make settlements thereof at its own discretion, and the Subscriber shall give such assistance as the Owner may reasonably require to settle or oppose any such claims.

8. Confidential Information

8.1 All information, data, specifications, documentation, Data listings, source code or object code which The Landowner App may have imparted and may from time to time impart to the Subscriber relating to the Data are proprietary and confidential. The Subscriber shall use the same solely in accordance with the provisions of this Agreement and shall not at any time during or following termination of this Agreement disclose the same, whether directly or indirectly, to any third party without The Landowner Appprior written consent.

8.2 The Subscriber shall procure that its Employees and any third parties to whom confidential information is provided hereunder or who in any way may have access to the Data or to confidential information shall not disclose the same to any third parties and that such persons shall, if required by The Landowner App, enter into confidentiality agreements with The Landowner Appon such terms as The Landowner Appmay require.

9. Duration and Termination

9.1 Either party will be entitled forthwith to terminate this Agreement by written notice to the other if:

9.1.1 That other party commits any breach of any of the provisions of this Agreement and, in the case of a breach capable of remedy, fails to remedy the same within 30 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied ;
9.1.2 An encumbrancer takes possession of or a receiver is appointed over any of the property or assets of that other party;
9.1.3 That other party makes a voluntary arrangement with its creditors or has an examiner appointed to it or becomes subject to an administration order;
9.1.4 That other party goes into liquidation (except for the purposes of amalgamation or reconstruction and in such manner that the company resulting therefrom effectively agrees to be bound by or assume the obligations imposed on that other party under this Agreement);
9.1.5 Anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to that other party; or
9.1.6 That other party ceases, or threatens to cease, to carry on business.

9.2 For the purposes of clause 9.1 a breach will be considered capable of remedy if the party in breach can comply with the provision in question in all respects other than as to the time of performance (provided that time of performance is not the essence).

9.3 The rights to terminate this Agreement given by this Clause 9 shall be without prejudice to any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.

9.4 Within 14 days after the date of the termination of the Licence, the Subscriber shall return to the Owner or its agent or destroy (as the Owner may instruct) the Data and any modifications of the Data made hereunder and all Data Documentation (and any copies thereof made hereunder) and shall furnish to the Owner or its agent a certificate certifying that the same has been done.

9.5 Either Party may terminate this Agreement at any time during the Term of same by giving the other party thirty (30) days prior written notice.

10. Warranties and Liabilities

10.1 The express terms of this Agreement are in lieu of all warranties, conditions, undertakings, terms and obligations implied by statute, common law, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law.

10.2 The Subscriber acknowledges that it has had sufficient opportunity to test the Data and that it is satisfied with the suitability of the same for its purposes and the Subscriber accepts that, without prejudice to the generality of clause 10.1, The Landowner Appdoes not warrant that the Data will meet the Subscriber’s requirements or that the operation of the Data will be uninterrupted or error-free or the defects in the Data will be corrected. The Subscriber will load and use the Data at its own risk and, except as expressly stated herein, The Landowner Appwill not, in any circumstances, be liable to the Subscriber in contract or tort (including negligence) or otherwise for any loss, damage, expense or injury of any kind whatsoever, direct, indirect, special or consequential, or for loss of profits or otherwise, arising out of or in connection with this Agreement whether or not such matter amounts to a fundamental breach of a fundamental term of this Agreement.

10.3 The Landowner Appwill have no liability whatsoever to the Subscriber for damage caused by defects in third party Data supplied to the Subscriber through the Owner hereunder.

11. Entire Agreement

11.1 This Agreement (including the documents and instruments referred to herein) supersedes all prior representations, arrangements, understandings and agreements between the parties hereto relating to the subject matter hereof, and sets forth the entire, complete and exclusive agreement and understanding between the parties relating to the subject-matter hereof. No party has relied on any representation, arrangement, understanding or agreement (whether written or oral) not expressly set out or referred to in this Agreement.

12. Force Majeure

12.1 The Landowner Appwill not be liable to the Subscriber for any delay or failure by the The Landowner Appto perform its obligations under this Agreement or otherwise if such delay or failure arises from any cause or causes beyond the reasonable control ofThe Landowner Appincluding but not limited to labour disputes, strikes, other labour or industrial disturbances, acts of God, floods, lightening, shortages of materials, rationing, utility or communication failures, power cuts, vandalism, sabotage, earthquakes, casualty, war, acts of public enemy, riots, insurrection, embargoes, blockages, actions, restrictions, regulations or orders of any government agency or sub-division thereof.

13. Forbearance and Waiver

13.1 The rights of a party will not be prejudiced or restricted by any indulgence or forbearance or restricted by any indulgence or forbearance extended to another party or other parties, and no waiver by a party in respect of any breach will operate as a waiver in respect of any subsequent breach. No failure or delay by a party in exercising any right or remedy will operate as a waiver thereof, nor will any single or partial exercise or waiver of any right or remedy prejudice its further exercise or the exercise of any other right or remedy.

14. Severability

14.1 If any of the provisions of this Agreement is found by a Court or other competent authority to be void or enforceable such provisions shall be deemed to be delegated from this Agreement and the remaining provisions of this Agreement shall continue in full force and effect.

15. Notices

15.1 Any notice or other communication given or made under this Agreement shall be in writing and may be delivered to the relevant party or sent by pre-paid registered post to the address of that party specified in this Agreement or such other address as may be notified hereunder by that party from time to time for this purpose and will be effective notwithstanding any change of address not so notified.

15.2 Unless the contrary is proved, each such notice or communication will be deemed to have been given or made and delivered, if by post 7 days after posting, if by delivery when left at the relevant address.

16. Assignment

16.1 TheSubscribermay not transfer or assign this Agreement or any right, title or interest under this Agreement to any third party, whether by operation of contract, law or otherwise (including, without limitation, in connection with the insolvency or bankruptcy of Subscriber), except with the express written consent ofThe Landowner App, which consent will not be unreasonably withheld; provided, however, that the Subscriber may assign this Agreement without such consent to any successor by way of any merger, consolidation or other corporate reorganisation of the Subscriber or by way of sale of all or substantially all of the assets of Subscriber, provided that: (a) such successor assumes or is otherwise fully bound by all of the obligations of Subscriber under this Agreement and (b) the Subscriber provides The Landowner Appat least thirty (30) days' prior written notice of any such assignment.

17. Governing Law

17.1 This Agreement shall be governed and construed in accordance with the laws in force in the Province of Alberta.

18. Jurisdiction

18.1 It is irrevocably agreed that the Calgary Courts are to have jurisdiction to settle any disputes which may arise out of or in connection with this Agreement or its performance and accordingly that any suit, action or proceedings so arising may be brought in such Courts. This clause is for the exclusive benefit of the Owner and shall not affect the Owner’s right to take any suit, action or proceedings (“Proceedings”) against any other party or parties in any other court of competent jurisdiction, nor will the taking of Proceedings in one or more jurisdictions preclude the taking of Proceedings in any other jurisdiction, whether concurrently or not.

19. Information

19.1 The Landowner App requires certain personal information from the Subscriber to carry out its service. Personal Information in this Agreement is collected under the authority of the Freedom of Information and Protection of Privacy Act (FOIP) Act. Personal Information obtained from the Subscriber will be stored by The Landowner App and used to provide a more efficient service to the Subscriber. Please note that The Landowner App will not sell or rent any personal information to any third party. Please see our Privacy Policy for more details.