Terms & Privacy Policy

Terms of Use

This is a list of the terms you are agreeing to by using this Nicomekl Garden website. Please read this list carefully. The terms of use include your agreement not to make claims. If you do not agree to these terms, you must not use this website. We let you use this website only on the condition that you agree to these terms.

  1. Check for updates: We update this website periodically and these terms of use may change. It is up to you to check these terms of use for updates.
  2. No client or advisory relationship: There is no client or other advisory relationship between you and Nicomekl Garden. 
  3. Obtain advice from your own advisors: You should obtain advice from your own advisors when purchasing a home, such as realtors, lawyers or notaries public when purchasing a home. The links on this website are not endorsements of the information provided on the linked sites. Nicomekl Garden is not providing real estate advice or investment advice to you.
  4. Independently verify information: This website, and any e-mail or other communications with Nicomekl Garden, are provided for general information only and may not be accurate. You should not rely on the information provided on this website because it may not be up to date or intended for the purpose for which you use it. Nicomekl Garden makes reasonable efforts to only post accurate information on this website, and will correct any inaccuracies that come to our attention, but Nicomekl Garden does not represent or warrant to you that the information on this website is accurate or suitable for any particular purpose. It is your responsibility to independently verify information that you may obtain from this website.
  5. Use at your own risk and agreement not to make claims: Your use of this website is at your own risk entirely. By using this website, you agree that Nicomekl Garden and its affiliated companies and their officers, directors, employees and representatives are not liable for any loss or damages of any kind whatsoever arising out of your use of this website in any manner whatsoever. For greater certainty, without limiting the generality of the above, you agree by using this website that you will not make a claim under any circumstances for any sort of damages whatsoever pertaining to reliance on information found on this website, whether direct, indirect, or otherwise, even if such damages are reasonably foreseeable.
  6. Copyright: This website contains trade-marks, text, images, sounds, graphics, videos, software and other intellectual property (the Website Content") belonging to Nicomekl Garden or licensed for use by Nicomekl Garden which is protected by Canadian and international intellectual property laws. Nicomekl Garden grants you a limited licence to display or print Website Content for your own personal non-commercial use only. If you wish to use the Website Content in any other way, you must first obtain written permission from Nicomekl Garden.

Use of Information

The information contained on the Web Site is provided for your private use and without responsibility on the part of Nicomekl Garden. The material and information provided on the Web Site is for general reference only. The material and information on the Web Site is not provided for the purpose of professional or legal advice. Potential purchasers should seek professional advice or legal advice and complete their own independent investigations prior to purchasing a home.

Information contained in the Web Site, including information relating to construction methods, pricing and availability, does not necessarily apply to each home and is subject to change at any time. Although we attempt to provide accurate information, the Web Site may contain inaccurate, incomplete, or out-of-date information. The Companies assumes no responsibility for errors or omissions in the content of the Web Site, and makes no commitment to update such information.

No Offer to Sell

No information or material on the Web Site is to be considered to be an offer to sell a home.

Individual Developments

You recognize that each community is developed by the company(ies) noted in the disclosure statement.

Intellectual Property

The information on the Web site, including without limitation all design, text, images, photographs, press releases, and other information, are protected under Canadian and other copyright laws. Any trademarks, logos, images, and service marks used on the web site may not be used without the prior written consent of the owner and without proper acknowledgement. For more information, contact sales@nicomeklgarden.com 

Modification of these terms of use

We reserve the right to change the terms, conditions and notices under which the Web Site is offered. You are responsible for regularly reviewing these terms and conditions. Your continued used of the Web Site constitutes your agreement to all such terms, conditions and notices.

Personal and Non-commercial use limitation

Unless otherwise specified, the Web Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Web Site.

Links to Third Party Sites

The Web Site may contain links to third party Web sites (the "Linked Sites"). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.

Liability Disclaimer

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM AND RELEASE 1227822 B.C. Ltd., AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING ANY AND ALL CLAIMS FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, SOLICITORS' FEES AND COSTS, OR CLAIMS FOR INTEREST, EVEN IF THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RELATED TO, OR ARISING FROM, DIRECTLY OR INDIRECTLY, YOUR ACCESS TO (OR INABILITY TO ACCESS) THIS WEB SITE OR THE USE OF ANY INFORMATION OR MATERIAL CONTAINED THEREIN, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.

WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

BY USING THE WEB SITE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE NOT RELYING ON ANY INFORMATION OR MATERIAL PRESENTED ON THE WEB SITE TO MAKE ANY INVESTMENT OR PURCHASE DECISION.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

Governing Law and Forum

The laws of the Province of British Columbia and the laws of Canada applicable therein, excluding any conflicts of law provisions, shall govern any claims relating to the materials on the Web Site. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Web Site shall be filed only in the provincial or federal courts located in the Province of British Columbia, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Severability

If any one or more of the provisions contained in this agreement should be invalid, illegal or unenforceable in any respect in any jurisdiction, the validity, legality and enforceability of such provision or provisions will not in any way be affected or impaired thereby in any other jurisdiction and the validity, legality and enforceability of the remaining provisions contained herein will not in any way be affected or impaired thereby, unless in either case as a result of such determination this agreement would fail in its essential purpose.

Entire Agreement

These Terms of Use constitute the entire agreement among the parties concerning the use of the Web Site and the information contained therein.