TERMS OF USE AGREEMENTTERMS OF USE
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Privacy Policy
TERMS OF USE AGREEMENT
- Last Revised: Feb 26, 2024
- By using our website or application (hereinafter referred to as "the Service"), you agree to these Terms of Service. Your use of the Service constitutes your acceptance of these legally binding terms and conditions. Please read all of the applicable terms and conditions listed below carefully. If you do not agree with these terms, please immediately cease using and exit the Service.
- This agreement does not create any representative relationship between the application entities, including any broker-client relationship. Any representative relationship, including a broker-client relationship, must be separately determined from this agreement and must be executed in writing.
- 1) Definitions
- We/Us: Refers to the provider of the Service.
- Service: Refers to our website or application.
- You: Refers to the user of the Service. - 2) No Guarantee of Uninterrupted Service
You agree that, although the Service strives to provide an error-free and uninterrupted service, it does not guarantee the absence of interruptions, and it will not be liable for any damages that may be caused by any interruptions. - 3) Accuracy of Information
We cannot guarantee the accuracy and precision of the content within the Service. All information content should not be the basis for any of your decisions. Before making decisions, you need to verify the correctness of the content through other channels at your own risk and responsibility. - 4) User Responsibility and Indemnification
You agree that you are fully responsible for your use of the content and assume all risks associated with its use. The Service will not be liable for any direct or indirect damages resulting from the use of the content. You agree to indemnify and hold the Service, its owners, employees, and affiliates harmless from any claims, losses, or damages arising from your use of the website, application, or service. - 5) Modification and Removal of Content
You agree that the Service reserves the right, at its own discretion, to modify, remove, or move any content on it, including user comments. However, the Service is not obligated to do so. - 6) Third-Party Technology
You agree that some of the technology used on the Service is provided by third-party entities, and thus is subject to the terms of use of these entities. For example, the Service uses Google Maps, governed by Google's terms of use, located at www.google.com/intl/en/help/terms_maps.html. - 7) Service and Access Rights Decided by Us
You agree that the scope of the Service, the permanence of website content, the manner and frequency of content promotion, modifications to the Service, and your access to the Service and content are entirely determined by the Service. Furthermore, you agree that if such modifications or cessation occur without prior notice, the Service is not liable to any party, including yourself. - 8) Copyright
All services, logos, content, artwork, designs, documents, texts, and sounds are owned by the Service provider, protected under Canadian and international copyright laws. Without explicit written consent from the Service's management, no part may be copied in whole or in part. You agree that your access to the aforementioned services and content is limited to personal use. The Service reserves the right to modify, terminate, or further restrict access to the Service at its discretion. Any unauthorized use will immediately terminate the license granted by these terms. - 9) Prohibited Uses
Engaging in any harmful and/or illegal actions, including but not limited to impersonating another person or entity; sending unsolicited calls or messages and emails to the Service's employees and email addresses; infringing the Service's copyright; exploiting, including unauthorized copying of content, logos, artwork, designs, documents, texts, and services; or using any electronic means to access the content and registration forms of the Service, including framing technology, will constitute a violation of these terms. In addition to other terms specified in the agreement, you are prohibited from using the website or its content for: (a) any illegal purpose, or to harm us, our service providers, suppliers, or another user; (b) soliciting others to perform or participate in any illegal acts; (c) violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (e) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submitting false or misleading information; (g) uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) collecting or tracking the personal information of others; (i) spamming, phishing, pharming, pretext, spidering, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) interfering with or circumventing the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. - 10) Restrictions on Printing and Saving
You may print or otherwise save individual pages for private use under these terms and conditions. However, property listings and/or data may not be modified or altered in any way, may not be merged with other data, and may not be published in any form, in whole or in part. Prohibited uses include "screen scraping," "database scraping," and any other activity intended to collect, store, reorganize, or manipulate or publish any of the data on the Service's website. - 11) Disclaimer
You agree that your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through the service. No advice or information, whether oral or written, obtained by you from us or through the service shall create any warranty not expressly stated herein.
- 12) Limitation of Liability
You agree that the service and its owners, employees, and affiliates shall be released from any direct or indirect damages incurred due to the use of the service, including but not limited to incidental, special, or consequential damages.
If you do not agree with any part of these terms of use, or if you have any dispute or claim against us or our suppliers with respect to these terms of use or the service, then your sole and exclusive remedy is to discontinue using the service. - 13) Indemnification
You agree to indemnify and hold us and our affiliates, directors, officers, employees, and agents harmless from any claim, demand, action, dispute, or demand made by any third party due to or arising out of your content, your use of the service, or any willful misconduct on your part.
- 14) Compliance with Real Estate Commission Terms
By accessing this service, you agree to abide by the terms of the Toronto Real Estate Board (TREB) and the Canadian Real Estate Association (CREA). The terms of the Toronto Real Estate Board and the Canadian Real Estate Association are incorporated by reference and applicable to your use of the service. Please review these terms carefully to ensure that you understand and agree to abide by them.
If you are acting as a real estate broker while using the service, you must take the privacy information of users seriously and ensure full compliance with relevant laws and regulations. Should you violate any such laws or regulations, you will bear full responsibility. We reserve the right to terminate your service without any refund or compensation. - 15) Agreement to Associate Broker and View Registration Information
After you register for the application, to ensure compliance with the Toronto Real Estate Board's regulations and to guarantee your user experience, the application will associate a certified real estate broker to provide you with consultation services. You expressly agree that this real estate broker has the right to view the registration information you submit. - 16) Upgrades
We periodically upgrade the service, and some versions of the upgrade are mandatory. If you do not upgrade, you may not be able to continue using the service. If the service cannot be used because you refuse to upgrade the software, we will not be responsible. - 17) Applicable Devices
We do not guarantee that the service will operate normally on any device or system. If there are any problems with your device causing the application to be unusable, we will not be responsible. - 18) Modification and Update of Terms
We may modify or update these terms, and the updated service terms can be reviewed on the website. If you continue to use the service after the terms have been changed, it is considered an agreement to the changes. - 19) Termination and Suspension of Service
If you violate any content of these terms, we reserve the right to unilaterally terminate or suspend the service. - 20) Account Security and User Authentication
You are responsible for maintaining the security of your own account, including keeping account information and passwords confidential. - 21) Severability
All rights and restrictions contained in this agreement may only be exercised to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this agreement illegal, invalid or unenforceable. If any provision or part of a provision of this agreement is determined to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or parts constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or parts shall remain in full force and effect. - 22) Privacy Policy
Our Privacy Policy is published in another section of this document. You are obligated to certify that you have read, understood, and agreed to our Privacy Policy. If you do not agree with any content within it, you are not authorized to use our services. - 23) Dispute Resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Ontario, Canada without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Canada. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Ontario, Canada, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. - 24)Account and Membership
If you create an account with our Service, you are responsible for maintaining the security of your account, and you will be fully responsible for all activities that occur under the account and any other actions related to the account. Providing any false contact information may lead to the termination of your account. You must immediately notify us of any unauthorized use of your account or any other security breaches. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. If we determine that you have violated any terms of this agreement, or your actions or content could harm our reputation and goodwill, we may suspend, disable, or delete your account (or any part thereof). If your account is deleted due to the aforementioned reasons, you may not be able to re-register for our services. We may block your email address and Internet Protocol address to prevent further registration. - 25)User Content
Any data, information, or materials you submit to the Service during your use ("Content") does not belong to us. You bear sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor content you submit or create using our Service. Unless you specifically permit, your use of the Service does not grant us the license to use, copy, modify, publish, or distribute your content or content stored in your user account for commercial, marketing, or any similar purpose. However, you grant us the right to access, copy, distribute, store, transmit, reformat, display, and perform the content of your user account solely as required to provide the services to you. Without limiting any of those representations or warranties, we have the right (but not the obligation), in our sole discretion, to refuse or remove any content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. - 26)Billing and Payment
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. When the Service offers a free trial, payment may be required at the end of the free trial period, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the services you have subscribed for, you will be charged automatically in accordance with the term you selected. If we deem your purchase to be a high-risk transaction, we may require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. - 27)Accuracy of Information
Occasionally there may be information on the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, and offers. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information on the Service or on any related website at any time without prior notice (including after you have submitted your order). Except as required by law, we have no obligation to update, amend or clarify information on the Service including, but not limited to, pricing information. Any update or refresh date applied on the Service should not be taken to indicate that all information on the Service or on any related website has been modified or updated. - 28)Uptime Guarantee
We offer a service uptime guarantee of 99% of available time per month. The service uptime guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we might undertake from time to time; (2) interruptions caused by you or your activities; (3) downtime not affecting core service functionality; (4) causes beyond our control or that are not reasonably foreseeable; and (5) downtime related to the reliability of certain programming environments. - 29)Backups
We perform regular backups of the Service and Content, and will do our best to ensure the completeness and accuracy of these backups. In the event of hardware failure or data loss, we will automatically restore backups to minimize impact and downtime. - 30) Contact Us
If you have any questions about this agreement, please contact us using the contact information published in the service. - By using our website or application, you acknowledge and agree to abide by the above Terms of Service. If you do not agree to the terms of this agreement, you are not authorized to use or access the website and its services.
Privacy Policy
- Last Revised: Feb 26, 2024
- We respects your privacy and is committed to protecting your privacy through our compliance with this Privacy Policy. This means, unless otherwise specified in this Privacy Policy or with your explicit consent, we will not transfer, distribute, disclose, rent, or sell any of your personal information to any third party.
- We have developed policies and procedures in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and other relevant privacy laws.
- By using our services, you explicitly agree to the collection, use, and disclosure of your personal information in accordance with this Privacy Policy.
- This Privacy Policy has been incorporated into and is subject to our Terms of Service, which is detailed in another section of this document.
- 1) Scope
This Privacy Policy applies to all personal information we collect, use, or disclose about our users, including you. "Personal information" is information that identifies or could identify you, either alone or in combination with other information.
This Privacy Policy also applies to information about you that does not individually identify you, as described below. - 2) Accountability
We are responsible for personal information in our possession and control. We have designated a Privacy Officer to ensure compliance with this Privacy Policy and privacy legislation. - 3) Information We Collect
a. Personal Information
The personal information we collect includes, but is not limited to:
- Registration information, such as name, email address, address, username, password, phone number, profession, and position;
- Any other personal information you may provide when using the services or when contacting us with questions and/or inquiries;
- Technical support records;
- Service requests and inquiries;
- Any information we collect from you aimed at improving and personalizing our services.
- In certain special cases, we may require you to provide sensitive information (such as credit card data), which will be encrypted and transmitted to us securely. You can verify this by looking for a lock icon in the address bar and checking that the web address starts with "https".
b. Non-Personal Information
When users interact with the services, we collect non-specific personal information about users. This may include, but is not limited to, device information, IP addresses, geographical location information, browser name, computer or device type, and technical information about users' means of connection to our services, such as the operating system, the Internet service providers utilized, and other similar information.
Please note that personal information does not include information aggregated or anonymized in such a manner that it cannot be connected with you or any other user. This information, by itself or together, cannot trace back to any specific individual's personal information. - 4) How We Use Personal Information
a. Purposes for collecting personal information include:
- Providing services to you and other users;
- Facilitating transactions between you, other users, and us;
- Establishing and maintaining a responsible commercial relationship with you;
- Contacting you to provide services and communicate with you;
- Responding to any correspondence you may send us;
- Understanding the needs and preferences of our users;
- Enforcing our Terms of Service;
- Providing you with service or administrative information;
- Fulfilling legal and regulatory requirements;
- Preventing, detecting, and mitigating illegal, fraudulent, or counterfeit activities;
- Improving services;
- For any other reasonable purpose for which you may have explicitly consented, or where your consent can be reasonably implied.
Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.
We are the sole owners of the information collected. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
Additionally, we may use personal information for research purposes to improve services, which will be used on an aggregated and de-identified basis. This aggregated de-identified information does not identify any individual and thus is treated as and considered non-specific personal information under this Privacy Policy.
b. How do we collect, use, and share non-specific personal information?
We continually strive to better understand and serve our users, including through the provision of services and improvement of the content and functionality of the services, using non-specific personal information.
For example, we use non-specific personal information to monitor traffic and collect statistics.
We also conduct research on our users' behaviors and demographics based on the personal information and non-specific personal information we collect. This research is compiled and analyzed on an aggregated basis, and this aggregated data does not identify any individual and thus is treated as and considered non-specific personal information under this Privacy Policy.
The non-specific personal information itself, or together with aggregated personal information (as explained below, treated as non-specific personal information under this Privacy Policy), cannot be traced back to any specific individual's personal information.
Specific uses of non-specific
personal information include:
- Monitoring traffic, providing services, and conducting internal research to better understand and serve our users, including understanding the size, usage patterns, demographics, interests, and behaviors of our users.
- The non-specific personal information we collect will not be shared with third parties unless explicitly indicated in this Privacy Policy, or shared with our affiliates, business partners, and other third parties for describing our services and other lawful purposes.
- Specific non-specific personal information collected includes:
- When you use the services, the services may automatically receive and store certain types of information, including through web browsers, such as IP addresses, browser types, browser versions, viewed pages, dates and times, time spent on the services, and other diagnostic information, as well as how users interact with us.
- When you access the services using a mobile device, the services may collect information such as the type of mobile device you use, your mobile device IP address, your mobile operating system, your mobile network, device phone number, the type of mobile Internet browser you use, and other diagnostic information.
- The services may also access metadata and other information stored on your device. For example, this may include audio and video clips, personal contacts, and address book information, as well as your device's camera application, to assist with real estate listings.
- Technologies used to collect non-specific personal information include:
- We use various types of technologies to collect this information, such as log files, embedded scripts, cookies, web beacons, and pixel tags. - 5) Geolocation Information
If you permit, we may use and store information about your location. We use this data to provide features of the services, to improve and customize the services.
You can enable or disable location services at any time through your device settings. - 6) Cookies and Opting Out
We use cookies to enhance user experience. Your web browser places cookies on your computer for record-keeping purposes and sometimes to track information about you. Cookies help us to accurately understand how many consumers visit our website, the frequency of visits, the most interesting content to users, and how they like to interact with content on the website. For example, a cookie will allow us to remember certain things, such as your Internet Protocol (IP) address (an IP address is a string of numbers used to identify the sender and receiver of information sent and received on the Internet), your login information, the time and duration of your visits, how you browse our content, and where you exit the website. To save you the time of re-entering login information every time you come back to our website, we may link the information contained in cookies to your email address. We do not use cookies to retrieve information from your device that we did not originally send in the cookie.
Examples of cookies we use include:
- Session Cookies, which are used to operate the services;
- Preference Cookies, which are used to remember your preferences and various settings;
- Security Cookies, which are used for security purposes.
We use Google Analytics, a web analytics service provided by Google, that tracks and reports website traffic. Google uses the data collected to track and monitor the use of the services. This data is shared with other Google services. Google Analytics uses cookies to track information about traffic and visitors, and sends this information to Google servers in the United States and sends it to us. Google Analytics does not identify any individual user or associate your IP address with any other data held by Google. We use this information for aggregate, compiling statistical reports about service activity, and benchmarking the services with other third parties using Google Analytics. Additionally, Google may use the data collected to contextualize and personalize the ads of its own advertising network. We use this information to improve the services and their functionality. Google's privacy policy can be found here: policies.google.com/privacy.
You can disable cookies through your browser's settings. Please refer to your browser's help function for information on how to disable cookies.
You can opt out of Google Analytics by clicking here: tools.google.com/dlpage/gaoptout?hl=zh-CN.
Please note that if you disable cookies, some features of our services may not fully function. - 7) Consent
You consent to the fact that your personal information may be collected, used, or disclosed, including the fact that your personal information may be shared with TREB for audit and/or legal purposes.
We respect your privacy and will not collect, use, or disclose your personal information without your prior consent, unless required by law. Your consent can be explicit or implied. You can give your consent explicitly by written, oral, or any electronic means. In some cases, your consent may be implied through your actions. For example, providing us with personal information to register for our services is considered implied consent to use that information to provide you with relevant services.
Where appropriate, we generally seek consent to use or disclose information at the time of collection. In some cases, consent may be sought after the information has been collected but before use (for example, when we want to use information for a purpose not previously identified). When obtaining consent, we will make every effort to ensure customers understand the identified purposes for which personal information will be collected.
The form of consent we seek may vary depending on the circumstances and the type of information disclosed. In determining the appropriate form of consent, we will consider the sensitivity of the personal information and our users' reasonable expectations. When information is considered sensitive, we will seek explicit consent. In general, when information is less sensitive, implied consent is considered appropriate.
You may withdraw your consent at any time, subject to legal or contractual restrictions and upon providing notice. To withdraw consent, you must notify us in writing. - 8) Limiting Use, Disclosure, and Retention
As stated above, we will not disclose your personal information to third parties, except as otherwise provided in this Privacy Policy.
When you sell or purchase services through the services, vendors or associated licensed real estate brokers may receive your personal information for the purpose of providing services.
Your personal information may be transferred to third-party suppliers, contractors, and agents ("Affiliates") that we have contracted with to assist in providing and developing products, services, and/or services. Such Affiliates will only use your personal information for the purposes identified in this Privacy Policy.
If your personal information is disclosed to a third party as part of a business transaction, we will ensure that it has entered into an agreement under which the collection, use, and disclosure of the information is related only to the purposes of the transaction.
Except as described above, only employees and licensed real estate brokers of ours and our Affiliates who need to know or whose duties reasonably require access are authorized to access our users' personal information. All such employees will be required as a condition of employment to contractually respect the confidentiality of our users' personal information.
We will retain personal information only for as long as necessary to fulfill identified purposes or as required by law. Personal information no longer needed to fulfill identified purposes will be destroyed, erased, or made anonymous according to our established guidelines and procedures.
If we receive a command, subpoena, warrant, or other legal requirement issued by a court, tribunal, regulator, or other person with jurisdiction to compel disclosure of your personal information, we will disclose personal information without notifying you. If we receive a written request from a police officer or other law enforcement authority with authority to request access to your personal information for the purpose of conducting an actual or potential investigation into a violation of the law, our policy is to provide the requested information. - 9) Links to Other Services
You may be able to access third-party websites and services through links available on our services or website. Any links are provided for convenience only. We have no control over those third-party websites or services and do not guarantee that their privacy practices conform to our standards. Use of these third-party websites or services is at your own risk and will be subject to the privacy policies (not this Privacy Policy) of those websites or services. Do not transmit personal information using those websites or services without reading their privacy policies. - 10) Storage Outside of Canada
We may store and process your personal information on servers located outside of Canada and/or the United States. We require our service providers to protect your personal information. - 11) Children and Minors
Our services are not targeted at children under the age of 18. We do not knowingly collect personal information from children under the age of 18. We do not allow minors (minors in the location of the minor) to make purchases. - 12) How Can I Access My Personal Information?
Upon request, we will provide you with information about the existence, use, and disclosure of your personal information held by us and will allow you to access that information. We will respond to requests for individual access to personal information within a reasonable time and at minimal or no cost. You can challenge the accuracy and completeness of the information and have it amended as appropriate.
Note: In certain circumstances, we may not be able to provide access to all the personal information we hold. Exceptions may include information that is prohibitively costly to provide, contains references to other individuals, cannot be disclosed for legal, security, or commercial proprietary reasons, or is protected by solicitor-client or litigation privilege. We will provide the reasons for denying access upon request. - 13) Safeguards
We protect your personal information with security safeguards appropriate to the sensitivity of the information. We will protect personal information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification.
Our protection methods include:
- Physical measures, such as keeping file cabinets locked when not in use and restricting access to our overall office location and internal offices;
- Organizational measures, such as security clearances and limiting access on a need-to-know basis; and
- Technical measures, such as the use of passwords, firewalls, and encryption. - 14) Inquiries; Challenging Compliance
Individuals will be able to inquire and/or challenge compliance with this Privacy Policy to our Privacy Officer.
We will maintain procedures for addressing and responding to all inquiries or complaints from our users about our handling of personal information. We will investigate all complaints. All inquiries or complaints involving our handling of personal information or compliance with this Privacy Policy or PIPEDA should be directed to our Privacy Officer.
The Privacy Officer will respond to all such inquiries or complaints within 14 business days of receipt. The Privacy Officer will make every effort to resolve all such complaints within 30 days of receipt of the initial complaint. If we find a complaint to be justified, we will take appropriate measures, including, if necessary, amending our policies and procedures.
For more information, please contact our Privacy Office using the contact information published in the service.
We reserve the right to modify and revise this Privacy Policy at our sole discretion, without prior notice. Any such revision will be posted on our services and will take effect from the date of posting.